TERMS AND CONDITIONS OF BUSINESS
These terms and conditions must be read in conjunction with the policies on my website regarding data protection, privacy and processing (cindyglasbynotary.com)
Fees
Fees are assessed on a time spent basis unless a fixed fee is agreed in advance. My hourly charge is £200. Time will include preparatory work, correspondence, time spent in arranging other matters such as legalisation following the appointment and travel time outside of the areas of Canary Wharf or London Bridge. Weekend and evening work are subject to an additional charge.
If instructions are terminated for any reason then a charge may be made for work carried out to the date of cancelation.
Disbursements will be added for any outside costs such as translations or legalisation costs.
I am not registered for VAT.
Fees must be settled prior to the release of completed documentation unless agreed otherwise in advance.
Where fees are to be paid by a third party and are not paid within 7 days of the date of the fee note then you will become liable to payment.
If fees and any disbursements are not paid in full, I retain a right of lien over any documents and may decline to act further for you.
Limitations on liability
No liability for loss to you or other parties of any kind will be accepted by me in excess of my professional indemnity insurance cover from time to time. This is presently £1,000,000.
Any liability will be reduced so far as is appropriate to take account of the degree of responsibility of any other professional or other advisors whom you have consulted in regard to the matter as if I had successfully claimed contribution from them under the Civil Liability (Contribution) Act 1978 paying no regard to any limitation agreed between you and such party without any obligation for me to make such a claim.
No liability will be accepted by me which arises from any incomplete or incorrect instruction given by you or any third party.
No liability will be accepted by me for any indirect, economic or consequential loss or damage, costs, expenses or other claims for consequential damages whatsoever however 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.
Where it is agreed that I shall send documents to you by post or courier, I will not be liable for any mis-delivery of or failure to deliver documents by any postal or courier company.
No liability will be accepted for any claim brought outside of the United Kingdom.
These limitations will apply notwithstanding any express or implied terms of business or any collateral agreement or warranty expressed or implied.
I will not be liable for any loss or damage which arises directly or indirectly from circumstances beyond my control including but not limited to an Act of God, war, strike, accident, riot, breakdown of machinery, fire, flood or storm.
Emails
I use email as the usual means of communication and will send unencrypted correspondence which may include sensitive information unless specifically requested not to do so. All emails should be scanned for viruses by the recipient.
Confidentiality
Although I treat all matters in strict confidence, the professional body which regulates my practice has the right of inspection and under the notarial practice rules any person with a sufficient interest may request and be supplied with a copy of a notarial act.
Foreign Law
I cannot advise on foreign law and if asked to draft a document for use abroad give no warranty that the document will be accepted in the receiving jurisdiction. I will liaise with any foreign lawyer where requested to do so and rely on them as to the correct form and content of the document and any formalities of execution.
Translations
Where neither I nor you understand a document I will require a translation to English.
Data Protection
I am registered with the Information Commissioner’s Office and am required to comply with Data Protection Laws. Further details can be found on my website. I am required to maintain data for regulatory and insurance purposes for a period of time after services have been provided.
Money Laundering Compliance
I operate reporting procedures as required by law in the event of any suspicion of money laundering. I require you to produce your passport or other acceptable form of identification as well as a proof of your usual residential address and will retain a copy of these documents. If you appear on behalf of a company I will require other documents to evidence the good standing of the company and your capacity to act.Use of Technology, Devices and Artificial Intelligence
(1) To the extent that I use any automated decision-making technology, including artificial intelligence, in the course of my services, I do not rely upon the same without human intervention.
(2) Before using any new technology including artificial intelligence, I carry out an appropriate risk assessment to ensure that your rights are not adversely affected by the same.Governing Law
These terms and conditions are governed by English law and shall be subject to the exclusive jurisdiction of the English courts in the case of dispute. If any term is held to be void or unenforceable then the others shall continue to be valid.
COMPLAINTS PROCEDURE
Prescribed form of words under NPR 2019 8.1.4 (Signposting Complaints procedure)
My notarial practice is regulated through 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 http://www.facultyoffice.org.uk
If you are dissatisfied about the service you have received please do not hesitate to contact me.
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
P O Box 1023
Ipswich IP1 9XB
Email secretary@thenotariessociety.org.uk
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 8 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
P O Box 6167
Slough SL1 0EH
Tel : 0300 555 0333
Email : enquiries@legalombudsman.org.uk
Website : www.legalombudsman.org.ukIf 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.