Terms and Conditions

---

 The following Terms and Conditions will apply to all Notarial services provided by me unless otherwise agreed in advance in writing:

1. Fees and Disbursements

My fees are based on the time taken to deal with your matter. My fees will include preparatory and drafting work, correspondence, travel time and attendances. Wherever possible I will provide a fixed fee quote for the Notarial services. The fee quoted will depend on the urgency of the work and the complexity of the instruction. My fee will be quoted exclusive of expenses and disbursements, such as fees paid to the Foreign and Commonwealth Office and/or embassy fees in respect of obtaining an apostille and legalisation, agent and/or courier fees, travel costs, translation costs or other mailing costs.  Any fee estimates given will be based on the information available at the time of instruction and, although given in good faith, will not be binding. Variations in the instructions given, including requests for additional work or unexpected developments and/or inexperience, incompetence or lack of co-operation on the part of other parties or their advisers may increase costs.

I will usually provide a fixed fee quote.  Where it is not possible to provide a quote on a fixed fee basis, the services will be charged at my hourly rate of £200. The minimum fee charged will be £80. I reserve the right to vary the rate, in respect of extremely urgent work.

Expenses and disbursements which I incur on your behalf, will be notified and agreed with you at the time of instruction and you must make payment of these to me prior to them being incurred. 

I am not currently registered for VAT.

I reserve 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. 

If you have any queries concerning invoices, they should be raised with me in the first instance. 

2. Payment

Fees are always due for settlement prior to completion of work and prior to release of completed and notarised documentation. You may be required to bring payment at the time of the first appointment. If I render an invoice in respect of the work carried out and expenses and disbursements incurred on your behalf, then payment is due when you receive the bill and must be settled immediately. Invoices are delivered where required for work carried out, expenses incurred and disbursements made during the conduct of a matter. In the event of payment not being made as requested, I reserve the right to decline to act any further for you and/or I reserve the right to retain any documents which I have prepared, pending receipt of your payment. 

Payment should be made by direct bank transfer to the account details that I will provide you with at the time of instruction or by cash. I do not accept cheques.

3. Your Own Professional Advisors

You must be aware that it is not the responsibility of a Notary Public to give you legal advice concerning the document. It is my role to be satisfied that you understand the contents of the document and that you wish to be bound by it. You must seek and obtain the advice of your own independent legal professional advisor who is skilled in the law of the country in which the document is to be used. I do not advise on foreign law or the suitability or enforceability of a document presented before me in any way. I act solely in an evidential and authentication capacity.

4. Your Responsibilities

You are asked to supply clear instructions, including all relevant background information, at the outset of an instruction and as the matter continues. Companies should nominate one individual who is authorised to give instructions on the company’s behalf in relation to each matter.

5. My Responsibilities

As a Notary I have to be satisfied as to your identity, your legal capacity, your authority and your understanding and approval as to any transaction that you are proposing to enter into. The document may be in a foreign language.  A Notary must ensure that both the Notary and client understand the meaning and effect of the document and transaction and in certain circumstances therefore, I may insist on a translation. I must be satisfied that you sign any document as a voluntary act and that no fraud, violence or duress is involved. I must also ensure that all formalities under English law are observed.

6.  Record-keeping

At the end of the matter, I will make a formal entry of the main details of your transaction in my register and retain a copy of the notarised document and proof of identity in my protocol, in accordance with Rule 23 of the Notaries Practice Rules 2014 (as may be updated from time to time). If I am required to certify documents such as public deeds, the above details will always be kept in my notarial protocols. I may also retain a copy of your instructions, correspondence, evidence of third party costs including courier and translation agency instructions and output, legalisation costs and documentation provided. 

7. Termination of retainer 

You may terminate instructions by email or in writing at any time. However you will be charged for any work undertaken and disbursements incurred, up to the date of receipt of your instructions to terminate. In the event of payment not being made for an invoice, or on account as requested, or in the event of your insolvency, or if a conflict of interest becomes apparent, or if you fail to instruct me properly, I may decline to act any further on behalf of you.  Please note if you wish to cancel the fee, I will charge a reasonable fee for any work carried out up to the date that I am notified of the cancellation. 

I may terminate provision of services in the event of: non-payment; or if insufficient evidence of identity or address is provided; or if you fail to co-operate with necessary instructions or requests for information of documents; in the event the instruction involves fraud or violence; or in the event of a conflict of interest. I reserve the right to charge interest on all unpaid fees at the current rate of 8% per annum or 2% above the base lending rate of The Bank of England, whichever shall be the higher.

8. Consumer Contract Notice

Please note that in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 if you are not a business, you have a right to cancel services that are provided at a distance or ‘off premises’ (i.e. away from my office) within a cancellation period of 14 days beginning with the day you instructed me to act.  If you wish to cancel our retainer, you need notify me in writing or by email to bal@bmnotarypublic.co.uk. A Cancellation Notice will be treated as being served as soon as it is received by me or in the case of an electronic communication from the day it is emailed to me. 

Where you ask me to provide you with services other than at my office, for example at your home, I will ask you to waive your rights under this clause in order that I can rely upon your instructions. If this situation arises, I will provide you with a document to sign to this effect at the time.

If you instruct me in writing to do any work urgently before the cancellation period expires and before issuing a Cancellation Notice, then even if you later cancel the contract requiring me to provide Notarial Services to you, you will be required to pay for goods or services supplied before the cancellation, including any disbursements or other sums incurred on your behalf (e.g. agent’s fees, FCO fees for an apostille) in accordance with the payment terms set out in these Terms and Conditions.

9. Professional Indemnity Insurance & Liability

I maintain professional indemnity insurance up to £1,000,000. I am also a member of the Notaries Society and subscribe to the Society’s fidelity insurance. 

No liability for loss will be accepted by me, whether in contract or tort, including for negligence in excess of the sums insured.

No liability shall arise where a claim arises as a result of incomplete, inaccurate, dishonest or other insufficient instructions being provided by you where this results in any claim for direct, indirect loss (including consequential loss), damage, costs or expenses or claims for any other compensation whether by you or any third party, in respect of the provision of the Notarial services undertaken in reliance upon such information.

Whilst reasonable care is taken to preserve any documents provided to me, I cannot accept responsibility for any loss or damage that occurs if any documents are delayed, lost, or destroyed whilst in transit either through or by Royal Mail, or such similar organisation or the document exchange system. 

All searches of the Register of Companies that I carry out are effected using the Registrar of Companies’ online service. To the extent that the Registrar or other provider does not accept responsibility for any inaccuracies or omissions arising from use of the on line service, I accept no responsibility or liability arising from reliance upon the results of such searches, if they should subsequently be found to be inaccurate or incomplete.

10. E-mail 

It is my policy to use e-mail wherever possible. Where you have provided me with an e-mail address, e.g. by sending an e-mail, I will assume that I may use that address for the sending of unencrypted, sensitive or confidential correspondence or documents to you. I may also, during the course of a matter, send unencrypted, sensitive or confidential information to other persons involved, unless specifically requested by them or you not to do so. All e-mails sent by me and attachments thereto should be scanned for viruses by the recipient.

11. Money laundering compliance 

You will be required to provide satisfactory proof of identity and full details of the source and proposed destination of funds. Pending this, funds may be frozen and I will not accept any responsibility for loss or delay caused by the failure by you to provide such information promptly. In the event of any suspicion of money laundering, I am required by law to notify the appropriate authorities. 

12. Force majeure 

I will not be 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 our control, including but not limited to any 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.

13. Confidentiality 

I attach great importance to dealing with your affairs in strict confidence. However, the professional body regulating Notarial practice has rights of inspection to ensure good practice and conduct.

14. Rights of third parties 

Save as otherwise specifically agreed, I accept no liability for the rights of third parties resulting from any Notarial act provided.

15. Jurisdiction 

My Notarial services and these Terms of Business shall be governed by the law of England and Wales and the English courts shall have exclusive jurisdiction to determine any dispute arising out of or in connection with my Notarial services or these Terms and Conditions. If any provision of these terms is held by any court or other competent authority to be void or unenforceable in whole or part, these terms shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.

16. Complaints

Any complaints will be dealt with in accordance with my complaints procedures. Please click here to view my complaints policy. A hard copy will be provided to you at the time of accepting instructions for you to sign and return.

17. Data Protection

I will comply with my duties and obligations under the Data Protection Act 2018 and any national implementing laws, regulations and secondary legislation (as amended or re-enacted from time to time) (“Data Protection Legislation”).

I am a data controller for the purposes of the Data Protection Legislation and I recognise that personal data must be processed in a transparent, legitimate and secure manner in order to comply with the Data Protection Legislation. Please click here to view my privacy policy.

18. Contact Details

Baljinder Kaur Manak

Notary Public

15 Hope Shield

Washington

NE38 9JF

Tel: 07763 444 585

Email: bal@bmnotarypublic.co.uk