Terms
Terms of business
Contents
Disclaimer
The Notary Public Office accepts no responsibility for any loss which may arise from reliance on information contained in this site or those to which links are provided.
The information presented on this website is intended to provide a general overview. It does not purport to be comprehensive or to provide legal or other advice. It is not a substitute for obtaining specific advice on any particular facts.
Terms
1. Instructions
Clients are asked to supply clear instructions, including all relevant background information, at the outset and as the matter continues. Company clients should nominate one individual who is authorised to give instructions on the company’s behalf in relation to each matter.
2. Basis Of Charging
Fees are assessed by reference to the time spent on the matter, on the basis of an hourly charging rate. Details of the hourly rates applicable to any particular matter are listed on our website and made available on request. Rates are reviewed annually and adjusted accordingly.
In accordance with Notarial practice guidelines, (which stipulate that fees should be fair and reasonable having regard to all the circumstances of the case), our fees may also include an additional element reflecting other factors including value, importance, speed, complexity or special skills.
Notary fees include preparatory and drafting work, correspondence and attendance. Separate charges are made for any disbursements or expenses incurred on behalf of clients.
If instructions are terminated for any reason, a charge will be made for all work carried out to date.
3. Estimates
It is difficult to estimate how many hours of work will be required to complete a matter, bearing in mind the variety of circumstances that may arise.
Any estimates given will be based on the information available at the time and, although given in good faith, will not be binding. Variations in the instructions given, including requests for additional work, unexpected developments, lack of co-operation on the part of other parties or their advisers may increase costs.
4. Funds on Account
We 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. Such funds will be held in our Client Account until such time as an invoice is submitted or a payment made on a client’s behalf.
5. Payment
Fees are due for settlement on completion of work and prior to release of completed documentation.
Invoices are delivered where required for work carried out, expenses incurred and disbursements made during the conduct of a matter. Invoices must be settled within 7 days or, if requested, immediately if further work on the matter is required. Any queries concerning an invoice should be raised immediately upon receipt.
In the event of payment not being made as requested, we reserve the right to decline to act any further on behalf of the client and/ or to exercise a lien on any papers or documents of the client which are in our possession, until payment has been made.
Interest is chargeable from the date of the invoice on invoices outstanding for more than 7 days at 4% per annum above the Base Rate from time to time in force of HSBC Plc.
6. Liability for Payment
Where the Notary Public Office accepts instructions from a limited company, we may require personal guarantees in relation to its fees and disbursements from appropriate directors or shareholders (or other individuals or companies) at any stage in the transaction or proceedings, unless the company has deposited sufficient funds on account.
Where the person instructing does so on behalf of two or more persons, each of those persons shall be jointly and severally liable to the Notary Public Office for the obligations on the client imposed by these Terms.
7. Termination
The client 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 the client’s insolvency or if a conflict of interest becomes apparent or if the client fails to give proper instructions, the Notary Public Office may decline to act any further on behalf of the client.
We may exercise the lien that arises on any papers, documents, money or securities of the client which are in our possession until payment for any outstanding charges has been made.
8. Limitation On Liability
No liability for loss (including, but not limited to, damages, costs and interest) to clients or other parties, whether in contract, tort (including negligence) or otherwise will be accepted by the Notary Public Office, its partners, agents or staff in relation to any matter in the absence of specific written agreement to the contrary referring to this term in excess of the lower of:
a. The sum of £1,000,000 for any one claim, or
b. The amount of the Notary Public Office professional indemnity insurance cover from time to time. The present cover is for not less than £1,000,000.
Specific cover for limits above £1,000,000 may be obtainable in certain circumstances at the expense of the client.
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 the client has consulted in relation to the matter as if the Notary Public Office had successfully claimed contribution from them under the Civil Liability (Contribution) Act 1978 taking no regard for any limitation agreed between the client and such advisor, and they had the resources to meet the same, provided that the Notary Public Office shall not be obliged to make or pursue any such claim for contribution.
In any event, no liability whatsoever will be accepted on the part of the Notary Public Office, its principal, agents or staff where such liability either arises from any instructions or information given by the client 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 the Notary Public Office 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 the Notary Public Office 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 online service, the Notary Public Office 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.
9. Force Majeure
The Notary Public Office 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 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.
10. Interpretation
English law shall be the applicable law and the English courts shall have sole jurisdiction in the case of any dispute.
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.
Confidentiality
The professional body regulating notarial practice has rights of inspection to ensure good practice and conduct. Some clients’ files (and personal data therein) may occasionally be made available on a confidential basis to an external quality assessor or auditor.
We can arrange to withhold any particular file from random selection for such inspection, upon request.
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