TERMS OF BUSINESS of Aston-Dive Notary & Co May 2018
I may agree with you a fixed fee for straightforward transactions, however, I reserve the right to adjust this if the matter becomes more complicated or time-consuming. I may also vary the hourly rate in urgent cases or matters undertaken outside normal office hours or at the weekend. My fees do not include VAT as I am not VAT registered as a notary. My minimum fee is £70.
When my work is charged on time basis the fees will be based on the time spent on all work undertaken on your matter from start to finish calculated at the current rate of £200 per hour. This may include the following: preliminary details and advice, preparation (such as checking and dealing with documents, drafting, completing or correcting the documents, binding the documents securely and dealing with any special requirements of the foreign country), attendances, drafting, phone calls, correspondence (including emails, letters and faxes), copying documents and completing the notarial register and protocol. Letters, phone calls and e-mails are charged at a unit time-cost of 6 minutes per item unless recorded as longer.
You may be required to pay disbursements (such as courier fees, company searches and postage) and legalisation or translation fees where applicable. You will be required to pay for these in advance.
If you give instructions on behalf of another person, company or organisation I will treat you as responsible for my fees unless or until the other person confirms that that person is my client.
Your instructions and my acceptance of the same constitutes a service agreement and such agreement is deemed to commence at my offices by email or telephone, either once you have booked an appointment with me to meet with you, or otherwise instructed me to start notarial work, even if any subsequent meeting takes place outside of my usual place of business.
By instructing me you agree that if you cancel the order once a meeting has taken place, or once some of the work has been undertaken, you will still be liable to pay fees either in full or in part, calculated on time spent based on my current rate of £200 per hour. If you do not attend your appointment at the agreed time and you do not cancel in advance by giving at least three hours notice by email or telephone you agree to pay the minimum of £60 for my time even if no work has been carried out.
My fees are payable on production of a completed notarised document, or on presentation of an invoice. I reserve the right on the conclusion of the work, unless I agree otherwise, to retain and hold all documents until I have been paid.
My responsibility as a Notary Public is to the document itself and to establish that you have sufficient capacity to understand what the document is intended to achieve. I have to be satisfied as to your identity, your legal capacity, your authority and your understanding and approval. I shall try to ensure that the document, in the manner of its execution, its form and substance, will achieve its purpose; I must be satisfied that it is your voluntary act and that no fraud, violence or duress are involved and that other stipulated formalities either under English or foreign law are observed. I can refuse to undertake the matter if I am not satisfied with any one of those things.
Where I need to qualify any certificate I give or statement I make because I am unable to obtain independent verification I accept no liability whatsoever if as a result of the qualification the document is not accepted for the purpose it is intended.
I am not providing legal advice in respect of the document and you are advised to obtain your own legal advice. Unless I am instructed to prepare documents on your behalf, if you produce a document to me it is your responsibility to ensure that the document is fully filled in or completed except for any signatures which will have to be done in my presence. I may refuse to notarise a document if I feel it is not properly drafted.
As a Notary Public I am required to write details about you and the transaction in my Register and keep copies of identification documents and the notarised documents. I will also keep copies of our email correspondence on your file. Your file will be kept for the period of at least 12 years. Your attention is drawn to our Data Protection Privacy Notice (“the Privacy Notice”). You shall and you hereby agree to indemnify the Business and its affiliates and their officers, employees, agents and subcontractors (each an “Indemnified Party” as defined in the Privacy Notice) from and against any claims, losses, demands, actions, liabilities, fines, penalties, reasonable expenses, damages and settlement amounts (including reasonable legal fees and costs) incurred by any Indemnified Party arising out of or in connection with any breach by you of the warranties included in paragraph 9 of the Privacy Notice.
I accept no liability for the actions of third parties who I instruct to act on your behalf such as consular agents, Royal Mail and couriers. Documents sent by post or by courier are sent at your risk.
Any Apostille and Embassy Legalisation turnaround time estimates are subject to the requirements and procedures of the Foreign Commonwealth Office and Embassies/Consulates. Estimated times of completion and receipt for documents cannot be guaranteed and can be affected by factors out of our control such as Embassy closures/delays, factors beyond our control and other acts of God. I will always seek to keep you informed of any unexpected delays that can affect the completion of your documents.
To the extent that I am permitted by law to do so, but no further, I limit my liability to you to the amount of my account for notarial services. In no case shall my liability to you exceed £1,000,000.00, which is my current level of professional indemnity insurance cover.
I am not liable for any loss or damage arising as a direct or indirect result of the supply of services being prevented, hindered, delayed or rendered uneconomic by reason of circumstances beyond my control, including but not limited to Act of God, war, riot, strike, lock out, trade dispute or labour disturbance, accident, breakdown of machinery, fire, flood, storm or difficulty or increased expense in obtaining information or services of any description.
My contract with you is governed by English Law and any disputes relating to my services shall be resolved by English Courts.