Client Care - Terms of Business 

These terms apply to all notarial services undertaken by Dawn Ann Stallwood (‘the Notary’) through her company Danetee Associates Limited (‘Danetree’).

1. Notarial Service 

a.    Notarial services will be provided to clients with professionalism and reasonable care and skill.  The Notary is also a commercial lawyer by background.

b.    Wherever possible communication is made via email.  Clients should ensure they have virus software and appropriate data security measures in place to receive such information.

c.     The Notary is registered under the Data Protection Act 1998 as a data controller.  Client information is stored electronically and hard copies retained for notarial practice purposes and in order for Client to receive communication from Danetree and the Notary.

d.    The Notary is regulated by the Faculty Office of the Archbishop of Canterbury and authorised to perform notarial services in England and Wales.

e.    The Notary’s ability to provide services is dependent on the clients’ prompt provision of accurate information, including identification information, documentation to be notarised and where applicable funds to cover notarial service expenses by the client.  Delays and inaccurate information can impact both timescales and fees.

f.      Companies House.  The accuracy and completeness of any search made by the Notary or Danetree of Companies House, whether through the online search service or through a third party provider of Companies House is not the responsibility of either the Notary or Danetree.

g.    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.

h.    We have a focussed approach to service.  Corporate clients should nominate no more than 3 people to manage notarial matters internally on their behalf.  These individuals will have authority to instruct me and to bind the company as to fees.  This provides for a consistent approach and streamlined communication.

i.      If you are dissatisfied with the service provided, please raise this with the Notary.  If you remain dissatisfied, please contact The Notaries Society of England and Wales

2.   Fees

These rates are applicable until 31st December 2011.

a.     Notarial Charges are based on time spent and the nature of the notarial activity.  Charges are based on an hourly rate of £200 excluding VAT.  Time spent includes preparation, attendance and post appointment activities, such as co-ordination of legalisation and completion of the Notarial Register.  Notarial Practice requires fees should be fair and reasonable.

b.     Unless agreed in advance by the Notary with the client (or its authorised representative), travelling time to and from the clients’ offices for a notarial appointment which amount to less than 1 hour (combined) is not charged.

c.     Notarisation is often seen as an unnecessary expense so we try to respond to this.  We can provide on request: (i) Volume discounts linked to the number of documents to be dealt with where a client has a frequent notarial service requirement, (ii) Retainers to provide certainty (iii) Project based fees to cover larger one-off jobs.

d.     Changes to fees or these terms will be posted onto the websites (owned by Danetree Associates Limited): www.notarybusiness.co.uk, www.companynotary.co.uk, www.surreynotary.co.uk, www.danetreenotary.com, www.danetree.com or may communicated by email and will be effective from the date of posting or email being sent.

e.     Fees are confirmed by email ahead of the notarial appointment wherever possible.  If this is not possible, the Notary will endeavour to provide you with an estimate of fees, disbursements and expenses to provide clients with certainty.

f.      VAT is applicable to fees and disbursements / expenses, where applicable.

g.     Unless the we stipulate otherwise by email or on invoice, fees are payable within 14 days of date of invoice.  Invoices will be sent by email.  Late payment of invoice may result in the Notary suspending further notarial services, retaining the clients notarial documentation as a lien and/or to apply interest at the rate of 5% above HSBC Bank base rate until payment is made.  All other remedies are reserved.

h.     If instructions are terminated for any reason, a reasonable charge will be made for all work carried out to date.

i.      Payment can be made by online transfer (bank account details available upon request) or by cheque - to be made payable to ‘Danetree Associates Limited’.  In both cases, payment must be made in sufficient time to allow for bank clearance before they are required / the payment date.

j.      Where possible we ask clients to arrange payments for Companies House charges, FCO fees, Legalisation (Embassy / Consulate) fees, Courier and translators charges direct (by cheque or bank transfer).  Where not feasible, then monies on account will be sought prior to work commencing to cover these amounts.  Separate charges are made for any disbursements or expenses incurred on behalf of you not covered by monies on account (if any).

k.      Any queries concerning an invoice should be raised immediately upon receipt.

3. Money Laundering

The Notary is required under anti-money laundering regulations to make various enquiries of those signing documents to be notarised in her presence.  These enquiries include proof of identity, residential address and capacity as well as details of the source and proposed destination of funds or commercial strategy connected with the documentation to be notarised.  We operate a money laundering reporting procedure as required by law whereby, in the event of any suspicion of money laundering, information will be revealed to the appropriate authorities.  We are not responsible for any delay or loss clients may suffer as a result of the Notary complying with such procedures and regulations.

4.    Termination of retainer

a.     Client: You may terminate instructions to us in writing at any time.  You will have no obligation to me other than to make payment of any outstanding invoices

b.     The Notary / Danetree Associates Limited: In the event of payment not being made for an invoice or on account as requested, or in the event of client insolvency or if a conflict of interest becomes apparent or if a client fails to instruct the Notary properly, we may decline to act any further.

5.    Professional indemnity, limitations on liability

a.     Dawn Stallwood has in place professional indemnity and fidelity insurance cover through Danetree Associates Limited, to comply with the Faculty Office minimum insurance coverage levels for any notarial acts she performs  Clients should check with other notaries they use as to their insurance coverage and indemnity provisions.

b.     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 or Danetree in relation to any matter in the absence of specific written agreement to the contrary referring to this term and signed by the principal of the firm in excess of the lower of:

(i)         The sum of £250,000;

(ii)        The amount of the firm's professional indemnity insurance cover for notarial services from time to time.

c.     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 firm 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 firm shall not be obliged to make or pursue any such claim for contribution.

d.     In any event, no liability whatsoever will be accepted 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 notarial services provided 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.

e.     To the extent that clients use the Company Notary service we provide to find other notaries and make appointments, we are not responsible for the service such notary performs.  We act only as a facilitator in such instances and the client is advised to satisfy itself as to that notary’s terms of business, insurance and limitations on liability.

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

6. General

a.     Third party rights, including the Contract (Rights of Third Parties Act 1999) are excluded to the extent permitted by law.

b.     We will not be liable for any loss or damage arising as a direct or indirect result of the supply of notarial services being prevented, hindered, delayed or rendered uneconomic by reason of circumstances beyond our reasonable control.

c.     Foreign Law We do not advise on foreign law.

d.     Our capacity in the provision of providing notarial services is in connection with the authentication of those signing documents in the presence of the Notary or in respect of the confirmation of certain statements of fact or genuineness of copy documentation.

e.     We are proud of the links we have with the clients we provide notarial services to.  Accordingly we reserve the right to publish online and in our marketing material the names of our business clients whom we provide services to, but we do not specific the details of the service we provide to maintain client confidentiality.

f.      English law shall be the applicable law and the English courts shall have sole jurisdiction in the case of any dispute.

g.     No liability will be accepted for any claim first brought in either the USA or Canada.

h.     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.

 

                                                                                                                                             © Danetree Associates Ltd 2011.  Notary regulated by the Faculty Office. Member of Notaries Society, England & Wales. Insured by HISCOX.   Terms of Business