Terms and Conditions

TERMS OF BUSINESS
1. FIXED FEES: Except in the case of complex matters, I will agree with you beforehand a fixed fee. If
however at the appointment the matter proves to be more complicated or there are more
documents or people involved, than you indicated or legislation is required, I reserve the right to
renegotiate the fee or agree to charge you at my hourly rate.
2. HOURLY RATE: My present hourly rate is £240.00 my minimum fee is £120.00. I reserve the right
to vary the rate, in respect of extremely urgent work or work done outside ordinary office hours
or at the weekend. My office hours are 09:00 am to 17:15pm Monday to Friday.
3. V.A.T: I am not registered for V.A.T.
4. DISBURSEMENTS: You are responsible for all payments which I make on your behalf. Typical
examples are legalisation fees paid to the Foreign and Commonwealth Office and/or and Embassy,
legalisation agents’ fees, Company registry fees, couriers fees and special postage charges.
However, I shall not incur these expenses without first obtaining your consent to do so.
5. PAYMENT: My charges are normally payable on the signing of the document or on the receipt of
the notarised document. If I render a bill in respect of the work, payment will be due when you
receive the bill. I reserve the right to render an account of my costs if your matter becomes
abortive based on your decision and once my terms have been approved.
6. TIME CHARGE: This includes all work undertaken on your matter from start to finish including
preliminary details and advice, preparation, attendances, drafting, phone calls, correspondence
including emails, faxes, copying documents and the completion of my register and protocol.
Letters, emails and phone calls are charged at a minimum of six-minute units or otherwise at the
time taken.
7. PREPARATION: Includes checking and dealing with any documents presented by you, any
instructions accompanying the documents, consideration and drafting of documents before,
during or after attendances, attending to any amendments or completing any blanks in the
documents, binding the documents securely and dealing with any special requirements or
formalities of the foreign country.
8. YOUR OWN PROFESSIONAL ADVISORS: It is not my responsibility to give you legal advice
concerning the document. My role is to be satisfied that you understand the content of the
document and that you intend to be bound by it. You are advised to seek first the advice of your
own independent legal or other competent professional advisor who practises in or is skilled in
the law of the jurisdiction to which the document will be sent.
9. MY RESPONSIBILITIES: I have to be satisfied as to your identity (see 10 below), your legal capacity,
your authority and your understanding and approval; in certain instances I may insist on a
translation; 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. If I am not satisfied about any one of those things then I will refuse to
undertake the matter.
10. PROOF OF IDENTITY: Identification of individuals and proof of residential address is required. This
is usually by way of a current passport, photo card driving licence or national identify card and a
recent gas, electricity or other bill or bank statement (not older than three months). Exceptionally,
other proof may be acceptable.
If you act on behalf of a company, I will need to establish that it exists, and that the signatory has
authority to represent it. I generally conduct my own checks at the Companies House. In some cases
I may ask you to produce a certificate of incorporation, good standing certificate or other similar
evidence.
11. FOREIGN COMMONWEALTH AND DEVELOPMENT OFFICE/AND OR CONSULAR LEGALISATION:
Some countries require a document to be legalised. This is the process by which a state agency
confirms that my seal and signature are those of an English notary. The Foreign and
Commonwealth Office attach an apostille to the document. Sometimes the document must then
go to the London Embassy for the country to where the document will be sent. The Embassy will
then attach its own certificate to the document. Your lawyer will probably advise you of the need
for legalisation. If not, you should ask him about it. I shall be able to obtain the necessary
legalisation and shall discuss with you time scale and whether we should use legalisation agents
or couriers if speed is required. However, you can deal with legalisation yourself if you wish.
12. REGISTER & PROTOCOL: At the end of the matter, I make a formal entry of the main details in my
register and I keep copies of the notarised document and proof of identity in my protocol.
13. MY LIABILITY: I carry professional indemnity liability cover of £1,000,000.00 which is the minimum
level of cover specified by the Master of Faculties against the risk of claims which may be against
me because some fault on my part has caused loss or damage to you or anyone else I may owe a
responsibility to.
14. THE RELEVANT LAW: The law which governs my contract with you is English Law and it is agreed
that any dispute relating to my services shall be resolved by the English courts.
15. REGULATIONS: My notarial practice is regulated by the Archbishop of Canterbury through the
Faculty Office.
The Faculty Office
1 The Sanctuary
Westminster
London
SW1P 3JT
Telephone 020 7222 5381
Email: Faculty.office@1thesanctuary.com
Website: www.facultyoffice.org.uk
16. COMPLAINTS:
If you are dissatisfied about the service you have received please do not hesitate to contact me. By:
(i) Writing to Emma Mitcham at 6 Moseley Grove, Uphill, Weston-super-Mare, BS23 4SF
(ii) Email notarysouthwest@outlook.com
(iii) Telephone 07480770074
If we are unable to resolve the matter you may then complain to the Notaries Society of which I am a
member, who have a Complaints Procedure which is approved by the Faculty Office. This procedure
is free to use and is designed to provide a quick resolution to any dispute.
In that case please write (but do not enclose any original documents) with full details of your complaint
to:-
The Secretary of the Notaries Society
PO Box 7655
Milton Keynes
MK11 9NR
Email: secretary@thenotariessociety.org.uk
Tel: 01604 758908
If you have any difficulty in making a complaint in writing please do not hesitate to call the Notaries
Society/the Faculty Office 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 you
first notified me that you were dissatisfied, make your complaint to the Legal Ombudsman, if you are
not happy with the result.
Legal Ombudsman – certain kinds of commercial entities are not eligible to make a complaint to the
Legal Ombudsman – please refer to the Legal Ombudsman Scheme Rules or consult the Faculty Office.
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 six months from the conclusion of the complaint procedure.
17. DATA PROTECTION
I understand your right to privacy and, as the data controller, am committed to protecting it in
accordance with the General Data Protection Regulations 2018. I use the information you provide for
the provision of my services to you and for related purposes including updating and enhancing client
records, analysis to help manage my notarial practice, statutory returns, legal and regulatory
compliance.
The contract you are entering with me is the lawful basis on which I will process your personal
identifiable information. I will not disclose your personal data to other organisations, unless required
for the provision of my notarial services or required by the law. Sometimes I may need to give
information to our agents and subcontractors for providing legal services. In these circumstances, I
will always ensure that your information is held securely. I will not, without your express consent,
provide your personal information to any third parties for direct marketing.
Under the General Data Protection Regulation 2018, you are entitled to request a Subject Access
Request. I will then have to provide you with a readable copy of the personal data, which I keep about
you, within 30 days of receiving your request. Under the General Data Protection Regulation 2018 I
am entitled not to respond or to charge a reasonable administrative fee if a request is manifestly
unfounded or excessive. If I decide not to respond, I will clearly explain the reasons for this and
provide you with details of the relevant supervisory authority. Evidence or proof of your identity (for
example, a passport or driver’s license and current utility bill) will be required upon any Subject Access
Request.
Whilst I am wholly independent, I do share offices with WBW Solicitors at various locations in Devon.
They do not, however, have any access to your personal information or my notarial records and your
name is only given for the purposes of invoicing for the use of their business premises.