Terms of Business
We would suggest that you should read the information given below prior to your attendance at my office. It ensures that you understand what will happen generally in relation to your instructions, likely costs and disbursements, complaints procedures, the scope and extent of the instructions given. If you have any queries in relation to the contents of this letter, please let me know prior to you arranging an appointment to see me. Unless otherwise agreed, these Terms of Business will apply to all future instructions you give us on this or any other matter.
Our notarial practice is regulated by the Faculty Office of the Archbishop of Canterbury. Our office hours are between 9:30 am 5:00 pm. If you wish to arrange an appointment or speak to me please telephone our offices on the numbers and details provided herewith.
We will provide you with an estimate of costs in relation to the work to be carried out. We will ensure that the work is carried out with a high degree of care. If you are dissatisfied about my service and your complaint is not resolved by me to your satisfaction, then you may complain to the Notaries Society of which I am a member. You can pursue a complaint under the Complaints Procedure by contacting the Secretary of the Notaries Society, Christopher Vaughan of Old Church Chambers, 23 Sandhill Road, St. James, Northampton, NN5 5LH.
Email: email@example.com Telephone: 01604 758908
Even if your complaint has been considered by the Notaries Society you may at the end of that procedure or within eight weeks after the date of making a complaint directly to me can complain directly to the Legal Services Ombudsman. Address: PO Box 6806, Wolverhampton, WV1 9WJ, Telephone: 0300 555 0333 Email: firstname.lastname@example.org. If you decide to make a complaint to the Legal Ombudsman you must refer your matter to the Legal Ombudsman:-
• Within six months of receiving a final response to your complaint and six years from the date of act/omission; or
• Three years from when you should reasonably have known there was cause for complaint (only if the act or omission took place more than six years ago).
The act or omission, or when you should have reasonably known there was cause for complaint, must have been after 5th October 2010.
NOTICE (on signing of any documents- Power of Attorney, Affidavit etc)
I am not your legal adviser. I have not given any advice in relation to the documents that you will be signing. I have only verified either (or both) your signature, Authority or Capacity on the basis of ID documents provided. If you are signing any documents, you confirm that you have taken independent legal advice after knowing all implications of the document. The Notary is only a witness and you give permission to keep copies of notarial acts, ID, proof of address.
At present, we charge a minimum fee of £40.00 and my hourly rate is £195.00. If you do not wish to instruct me on the basis of a fixed fee arrangement, then my fee will be charged on an hourly basis. The basis of calculation of my fees will depend on the value, importance, speed, complexity or special skills required to carry out the transaction.
Estimate of costs will be based on the information available at the time of instructions. Variations in the instructions given, including requests for additional work or unexpected developments may increase costs. I shall only carry out your instructions once the fee and disbursements, if any are agreed.
If you need a home or office visit or if services are being provided out of hours or on an urgent basis, then the fee will need to reflect this plus additional time spent travelling and waiting. Charges may also be payable to third parties; for example, fees payable for legalisation of documents, translation fees, courier charges Companies House search fees etc.
PROFESSIONAL INDEMNITY INSURANCE
Our maximum aggregate liability to you in this matter shall be £1 million including interest and costs unless we expressly state a different figure in our letter confirming your instructions. We are not liable for(a) losses that were not foreseeable to you and us when this contract was formed (b) losses not caused by any breach on our part and (c)business losses, including losses sustained by any individual not acting for purposes of their trade, business, craft or profession.
STORAGE AND RETRIEVAL OF FILES
Your file will be stored for 12 years and public form documents shall be stored permanently. We shall charge you a minimum fee of £40.00 to retrieve your file from storage.
ANTI MONEY LAUNDERING (AML)
We are required by law to confirm satisfactory evidence of the identity of our clients and, sometimes, people related to them. Any personal data received from you shall be processed with your consent, or as permitted by or under another enactment. We may have to report to National Crime Agency where they know or suspect that a transaction may involve money laundering or terrorist financing. If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made.
PROTECTION OF PRIVACY NOTICE
The business of S THOMAS NOTARY PUBLIC LIMITED (“the Business”) is registered with the Information Commissioner’s Office (“ICO”) under number ZA726814. By signing this Terms of Business, you confirm that you have read Data protection privacy notice (“Notice”) published in the Business website www.sthomasnotarypublic.com. By signing this document, you confirm that you have read the Privacy notice published in website. The Business will process your and third parties’ personal data, as further explained below, in the course of providing you with notarial and associated services including access to our website and online features (“Services”).
External firms or organisations may conduct audit or quality checks on our practice from time to time. It is a specific requirement imposed by us that these external firms or organisations fully maintain confidentiality in relation to any files and papers which are audited, or quality checked. We also use external agents for related services such as Legalisation, Translation etc, where your information will be shared strictly protecting your confidentiality.
APOSTILLE AND LEGALISATION
We use external agents to carry out Apostille and Legalisation. We shall provide you with a quote for apostille/ legalization fees in advance and also estimated turnaround time. We shall not be responsible for any delay in turnaround due to unforeseeable factors not limited to postal delay, holidays etc. If you require urgent FCO Apostille we recommend using Premium service with a turnaround of 1-2 days. The duration for Legalization (no- Hague countries) varies for each country. You accept all risks in relation to the documents sent to the agents for legislation. In case of loss of documents, we shall reimburse the notarial fee, legalization fee and a sum limited to £50 for any inconvenience caused.