5. CLIENTS' MONEY
If I am asked to hold a client's money I will do so in accordance with the relevant Notaries' Practice and Accounts Rules, paying interest when required to do so by the Rules. To comply with my obligations under the Criminal Justice Act 1993, the Proceeds of Crime Act 2002 and the Money Laundering Regulations 1993, 2001 and 2003 I reserve the right to ask for evidence of the source of any funds provided to me or involved in the transaction.
6. LIMITATION OF LIABILITY
I maintain professional indemnity insurance in the sum of £1,000,000. Save as provided under the Unfair Contract Terms Acts 1977, my liability (directly or indirectly) to the client for any loss, injury or damage of any nature whatever whether direct or consequential, including, without limitation, in respect of negligence or breach of my duty to the client, is hereby strictly limited to such sum in respect of any one claim or series of related claims (save in the case of fraud, where no such limit shall applyAll liabilities and claims arising out of legal actions instituted within the jurisdiction of the United States of America and Canada are excluded.
Unless specifically agreed in writing, I accept no liability for the rights of third parties resulting from any notarial act.
7. LEGALISATION AT FOREIGN AND COMMONWEALTH OFFICE ETC
Whilst all reasonable care is taken to preserve any document entrusted to me I cannot accept any responsibility for any loss or damage that occurs if any document or documents are delayed lost or damaged or destroyed whilst in transit either through or by Royal Mail or such similar organisation or the Document Exchange system.
8. ITEMS POSTED OR SENT ABROAD
I accept no responsibility for any item sent or posted abroad on your behalf or at your request under any circumstances whatsoever. All losses arising from such despatch on your behalf are specifically excluded.
9. EMAIL AND VIRUSES
I accept no responsibility for viruses or anything similar in any emails or any attachments originating from me. I also do not accept any responsibility for any changes to, or interception of, any email or any attachment after it leaves my information system.
10. STORAGE OF DOCUMENTS
I will store, without charge to you, the original of any notarial act in the 'public form' and a copy of every act in the 'private form' as a permanent record. I will not always keep a full copy of the client's own document or documents but I reserve the right to do so.
I also reserve the right to charge for any additional copies of documents that may be requested or required.
11. FOREIGN LANGUAGES AND COMMUNICATION
Documents that come to a Notary are generally for use overseas, and may be in a foreign language. If so the Notary needs to ensure that both he and the client understand the meaning or effect of a document or transaction. It is important that the client shows the Notary any correspondence or advice that he has been given by others. In most cases the Notary may find it necessary to insist upon a translation being provided if there is any doubt as to the client's understanding of the content of a particular document or documents that he/she is seeking to have Notarised.
It may be possible for the Notary to arrange a translation but this will be at the client's cost.
12. REGULATION AND COMPLIANCE
My Notarial Practice is regulated by the Faculty Office of The Archbishop of Canterbury
If you have any concerns about how I deal with your matter please raise it with me in person, in writing, or by email. I would hope to be able to resolve things with you, but if I cannot then you can raise the matter with the Faculty Office of the Archbishop of Canterbury by whom I am regulated (the Solicitors Regulation Authority has no jurisdiction regarding complaints against notaries). The Faculty Office may be contacted at 1 The Sanctuary Westminster London SW1P 3JT telephone 020 7222 5381
This office may deal with your complaint or may invite the Notaries' Society to try to resolve the complaint under its Informal Complaints Procedure but this is a matter for the Faculty Office to decide.
13. LAW AND JURISDICTION
These terms and conditions and my instruction shall be governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
1. BASIS OF THE RETAINER
These terms and conditions set out below govern my relationship with you as a client. I contract solely on the basis of these terms and conditions. By instructing me to act you are accepting the following terms and conditions.
2. ACCEPTING AND DECLINING INSTRUCTIONS
Instructions will be accepted from a client in accordance with the Notaries Practice Rules 2009 and my oath of office. In certain circumstances, I may consider that I ought to decline to accept an instruction or conclude a matter if I have reason to believe that there is any fraud, violence, illegality or lack of freewill involved in the matter.
I may also cease to act if you cannot give clear or proper instructions on how I am to proceed, or if you do not pay a bill I have rendered or pay monies on account requested.
3. VERIFICATION OF FACTS
An element of the Notary's role is to check the facts in documents, and this sometimes involves obtaining evidence or proof from sources independent of the client . In this regard I need the client's full cooperation.
If I have to add disclaimers to the document to make it clear that there are facts which I have not been able to verify the document may become ineffective or of less benefit to you and in such cases I shall have no liability or responsibility for the documents effectiveness or lack of it .
4. FEES AND DISBURSEMENTS
In accordance with the current Notaries Practise Rules, I am entitled to charge a reasonable professional fee for all notarial work undertaken. My fees are based on the amount of time spent on the matter and the nature of the job itself. Fees can be agreed in advance of any meeting if full instructions are provided and a copy of the document(s) is given to me.
Where my fees are based principally on the time taken for the whole matter, this is charged at the rate of £150 per hour. The time taken includes: arranging the appointment, meetings with you and others, considering, preparing and working on papers and correspondence including faxes and electronic mail. All letters and telephone calls will be charged on a time basis in addition to the time needed to make the appropriate records.
Currently I do not charge VAT on my fees. In accordance with the Council of the Notaries' Society Guidelines (which stipulate that fees must be reasonable having regard to all of the circumstances of the case) my fees may be increased to reflect particular complexity and/or urgency.
Although my charges take account of my ordinary business expenses, such as normal postage and telephone charges, I reserve the right to charge you for any unusual expenses I incur including printing, exceptional photocopying, overseas postage and overseas telephone calls.
My bill must be paid on presentation and documents will not be released until payment in full has been made. I reserve the right to seek and obtain a payment on account of my professional fees and disbursements before work commences. I also reserve the right to cease acting in the event of a requested payment on account not being received .
Fees may also be payable to third parties, for example fees payable to the Foreign and Commonwealth Office, Foreign Embassies, High Commissions or agents dealing with legalisation of documents, Companies House, Land Registry, courier charges and/or translators fees.
I reserve the right to request money to be paid to me on account in relation to work where expenses charged by third parties are likely to be incurred on your behalf. I must receive payment in sufficient time to allow for funds to be cleared .
4.3 Late Payment or Failed Payment
Legal ownership or title to any document or series of documents prepared by me will not pass to the client or any third party instructing me on behalf of the client until my bill and/or any disbursements has been paid in full. Similarly I shall hold a lien over any such documents and all other working papers and items of value that have come into my possession directly or indirectly as a consequence of the instruction.
If a cheque/ direct debit/ standing order in respect of monies payable to me is dishonoured or stopped, a charge of £40 plus all and any bank charges incurred by me will be payable .
© Patrick Smith Notary Public 2013