TERMS of business

It is necessary for every Notary Public that acts for you to give you information about their services, fees, insurance cover and what to do if you wish to make a complaint. Angharad Palin undertakes work for her clients on the basis of her standard terms and conditions.

The Terms of Business are as follows:

1. Notarial Fees
Fees are based on the time taken to deal with your matter (including making the appointment, travelling or waiting time, checking and verifying information and the time needed to prepare notarial act) at the rate of £250.00 per hour. Angharad will provide an estimate of her fees to you at the start of the matter. Generally speaking, it is unlikely that the fee for any transaction will be less than £100. Angharad Palin's practice is not registered for VAT and this will not be charged.

In some cases, my fees may include an additional element reflecting factors including value, importance, speed or complexity.

In addition to my fees, third party expenses and fees will be charged such as charges of the Foreign and Commonwealth Office, Foreign Embassies and Consulates, any agents dealing with the legalisation of documents, registry searches, photocopying, postage and courier charges.

Charges are payable on presentation of an invoice which is usually at the time of the meeting. Bank transfers are preferred and the relevant bank details are always included on the invoice. Cheques should be made payable to ‘Angharad Palin’. Angharad reserves the right to retain documents until the invoice has been paid and funds cleared. Interest at a rate of 4% above the Bank of England Base Rate will be charged on invoices that are over 7 calendar days old.

Angharad reserves the right to ask for money to be paid on account of work to be done, disbursements to be made or expenses to be incurred. Such funds will be held until such time as an invoice is submitted or a payment made on your behalf.

2. Notarial Responsibilities and Verification

Part of Angharad's role is to check the facts in the documents notarised. Sometimes this means that she will need to seek independent verification from other sources and she will need your full cooperation with this. If it is necessary to add qualifications to her certificate to make it clear that there are facts which she has been unable to verify, the notarial certificate may be of less benefit and no liability is accepted if this is the case.

Unless otherwise agreed in writing, Angharad's responsibility is limited to the notarial formalities and does not extend to advice on or drafting of documentation or on the matter under consideration.

3. Proof and Identification

Angharad is required to obtain proof of your identity and any represented legal capacity and authority. To this end you should produce a current passport and utility bill at the meeting. She may also require other identification and evidence about you and/or the entity which you are acting for and she will advise you about specific requirements before the meeting.

In particular, company searches may be required in support or proof of certain acts. Angharad will obtain these directly. Time should be allowed to obtain these in advance of any personal attendance.

4. Legalisation

British Foreign and Commonwealth Office legalisation (and/or legalisation of the relevant High Commission/Embassy/Consulate of the country in which it is proposed to use the document the subject of a Notarial act), is required in some cases for use abroad, as an additional authentication to notarised documents. This can usually be obtained by Angharad at your expense and is usually applied for by post. In urgent cases you may have to attend in person or incur despatch/courier charges.

5. Email

It is Angharad's policy to use email wherever possible. Where you have provided Angharad with an email address, eg, by sending her an email, she will assume that she may use that address for the sending of unencrypted sensitive or confidential correspondence or documents to you. She may also, during the course of a matter, send unencrypted sensitive or confidential information to other persons involved, unless specifically requested by them or the client not to do so. All emails sent by Angharad and attachments thereto should be scanned for viruses by the recipient.

6. Data Protection

Whilst Angharad attaches great importance to the provision of a highly confidential service to my clients, she is legally required to keep certain electronic or paper records of your matter. You consent to these records being retained, including your personal details and copies of your identification. She may also keep a copy of our correspondence and any other associated documents. In limited circumstances Angharad may need to share this information with a translator, a legalisation agent, the regulator or other third parties and you consent to this by accepting these terms.

Please also see Angharad's Privacy Notice.

7. Insurance cover and limitation of liability

As required by regulations, Angharad maintains professional indemnity insurance cover for my services.

No liability for loss (including, but not limited to, damages, costs and interest) to you or other parties, whether in contract, tort (including negligence) or otherwise will be accepted by me in relation to any matter in the absence of specific written agreement to the contrary referring to this term and signed by Angharad in excess of the lower of:

The sum of £1,000,000 for any one claim; or

The amount of Angharad's professional indemnity insurance cover from time to time. The present cover is for not less than £1,000,000. Specific cover for higher limits may be obtainable in certain circumstances at your expense.

The amount of any liability is to be reduced so far as may be appropriate to take account of the degree of responsibility of any other professional or other advisers whom you have consulted in relation to the matter as if Angharad had successfully claimed contribution from them under the Civil Liability (Contribution) Act 1978 taking no regard for any limitation agreed between you and such advisor, and they had the resources to meet the same, provided that Angharad shall not be obliged to make or pursue any such claim for contribution.

No liability whatsoever will be accepted in relation to any loss, damage or liability whatsoever caused directly or indirectly to any party other than you for whom I have agreed to act in connection with the relevant matter. No third party shall have any right to enforce any contract by me to provide advice or services or to rely upon any advice given or opinion expressed by me. The application of any legislation conferring on third parties contractual or other rights, including the Contract (Rights of Third Parties Act 1999) shall be excluded insofar as permitted by law.

In any event, no liability whatsoever will be accepted where such liability either arises from any instructions or information given by you or by any third party being incomplete, inaccurate or incorrect; or where such liability is for any indirect, economic or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever or howsoever caused which arise out of or in connection with the services provided by me or for loss of profit, loss of business, loss of data, depletion of goodwill or loss occurring in the normal course of business or otherwise.

All searches of the Register of Companies carried out by Angharad are made using the Registrar of Companies' online service. To the extent that the Registrar does not accept responsibility for any inaccuracies or omissions arising from use of the on line service, Angharad accepts no responsibility or liability arising from reliance upon the results of such searches, if they should subsequently be found to be inaccurate or incomplete.

These limitations will apply notwithstanding any express or implied term of business or any collateral agreement or warranty, whether express or implied.

8. Termination of retainer

You may terminate instructions in writing at any time. In the event of payment not being made for an invoice or on account as requested, or in the event of your insolvency or the insolvency of the entity on whose behalf you are acting or if a conflict of interest becomes apparent or if you fail to instruct Angharad properly, she may decline to act any further for you. She may exercise the lien that arises on any papers, documents, money or securities which are in her possession until payment for any outstanding charges has been made. In contentious matters Angharad may apply at any time to have her name removed from the court record.

9. Quality of Service and Regulation
Angharad's notarial practice is regulated by the Faculty Office of the Archbishop of Canterbury:

The Faculty Office
1, The Sanctuary
Westminster
London
SW1P 3JT
Telephone 020 7222 5381
Email Faculty.office@1thesanctuary.com
Website www.facultyoffice.org.uk

It is Angharad's aim to provide an excellent service to all clients. Any client who has cause for dissatisfaction or complaint should notify her immediately. If the matter cannot be resolved, you can complain to the Notaries Society of which Angharad is a member. Please write (but do not enclose any original documents) with full details of your complaint to:-

The Secretary of The Notaries Society
PO Box 1023
Ipswich IP1 9XB
Email secretary@thenotariessociety.org.uk

If you have any difficulty making a complaint in writing, please do not hesitate to contact the Faculty Office/ Secretary of the Notaries Society for assistance.

Finally, even if you have your complaint considered under the Notaries Society Approved Complaints Procedure, you may at the end of that procedure or after a period of eight weeks from the date of making the complaint to us, make your complaint direct to the Legal Ombudsman (whose contact details are set out below) if the matter has not been resolved to your satisfaction:

Legal Ombudsman
PO Box 6167
Slough

SL1 0EH
Tel: 0300 555 0333
Or enquiries@legalombudsman.org.uk
Website www.legalombudsman.org.uk

If you decide to make a complaint to the Legal Ombudsman, you must refer your matter to the Legal Ombudsman within one year from the act/omission or within one year from when you should reasonably have known there was cause for complaint.

10. Interpretation

English law will apply to the contract and the English courts shall have sole jurisdiction in the case of any dispute.