Applicability
In using our services you agree to abide by the following terms & conditions. These terms & conditions only apply to notarial services (including apostilles and legalisation) and also to wills, lasting powers of attorney and other services provided by Notary Near Me Limited, including future services unless superseded by future terms & conditions supplied to you by us.
The notary Merlin Batchelor also works for Setfords Solicitors, through which he provides other legal services and any legal services you receive from him other than the above (which will generally be conveyancing and probate services, as we do not provide conveyancing or probate services at Notary Near Me Limited) are subject to their terms & conditions instead. If you are in any doubt which terms & conditions apply to any particular service, you must ask us before you commence using our services.
Contractual Parties
All services are provided to you by Notary Near Me Limited.
We will be required to identify you and obtain information on the purpose of the transaction during its course to comply with regulatory requirements. If you are not the beneficiary, we may be required to identify them also. We are obliged to monitor and keep identity information up to date during our part in the transaction.
We are only responsible for identifying the person(s) who appear before us. We are not responsible for identifying any other third parties and we will not accept any liability whatsoever relating to the identities of third parties who do not appear before us.
Fees
We will normally agree fees in advance of any meeting. Our standard fees are set out on the website and if the matter is non-standard you will be given an estimate in advance. If at the appointment or during the process the matter proves more complicated or protracted than expected or there are more documents or people involved than indicated or legalisation is required, we reserve the right to renegotiate the fee or charge you at an hourly rate.
Calls outside our working hours as shown on the website shall be charged at £100 every 15 minutes or increment thereof. Local attendance is defined as within 15 minutes' walk of our office. If you fail to attend an appointment without at least 1 hour's notice or arrive more than 15 minutes late we may not be able to see you and if we do see you we reserve the right to charge at our hourly rate for the delay.
Disbursements
You are responsible for all payments which we make on your behalf. Typical examples for notarial acts are legalisation fees paid to a consulate, Companies House and couriers. We shall not incur these expenses without first obtaining your consent to do so. We have no obligation to pay these expenses unless you have provided us with the funds for that purpose. We reserve the right to invoice for disbursements prior to incurring them.
We do not generally charge for postage providing the cost is no more than a first class stamp. We will send documents by standard first class post unless you request otherwise. We charge for post other than standard first class.
Payment
Payment is generally due on commencement of the service or as otherwise agreed, by cash, cheque, bank transfer or card. We reserve the right to not accept card payments over £1000 or cash payments over £5000. If we send you an invoice in respect of the work, payment is due within 7 days of the date of the invoice. Interest will be charged on late payments on a daily basis at 8% over the Bank of England base rate from time to time from the date payment was due. If you owe us any money we are also entitled to retain your documents until we have been paid.
Conduct
You agree to provide us with true and accurate information when using the services. We are not responsible for any issues that arise through the provision to us by yourself (or any party instructed to act on your behalf) of incorrect information. You agree to notify us immediately of any unauthorised use of your identity or email that could affect our service to you. We will usually pursue our retainer to completion but we do reserve the right to terminate it if there are reasonable grounds to do so with reasonable notice given the circumstances of the situation.
We generally aim to respond to correspondence within 24 hours but we do not accept any liability for loss caused by delay or alleged slow response. We are only human and if we are out of office we will put an out of office on our email to inform you (unless unable to do so through accident or illness).
You can terminate our retainer at any time for any reason with no liability other than for our costs and fees. If a conflict of interest arises during the transaction we must cease acting for all parties and we may bill you for our costs and fees. We normally communicate with clients with ongoing cases on at least a weekly basis but if we request instructions from you and do not hear back from you then in order to draw some finality over cases we reserve the right to close any file where you are unresponsive for over a year without any refund to you. For the same reason, any discount or other incentive offered expires after 30 days unless otherwise stated. Our standard quotes before you instruct us are valid for 14 days.
Notarial Documents
We have to be satisfied as to your identity, your legal capacity, your authority and your understanding and approval of the contents of any document to be notarised. If a document is in a language other than English or Spanish we may require a translation. We must be satisfied that it is your voluntary act and that no fraud, violence or duress is involved and that other stipulated formalities under English and any relevant foreign law of which we are aware are observed. If we are not satisfied about any one of those things we can refuse to undertake the matter.
Certification
If we certify a document, we are obliged to state in our notarisation that we have not verified its authenticity unless you instruct us to verify it. Verification of authenticity involves contacting the issuing institution who may charge a fee and/or take some time to respond. Please let us know if you require us to verify any certified document.
Errors
We will not accept any liability whatsoever for mistakes in the document not caused by us, for example but not limited to where the person who drafted the document made an error in drafting, or where you fill in a document incorrectly or in the wrong place, or where you have erroneously or accidentally instructed us to write something in the document which later transpires to be incorrect. If the document requires us to fill in parts we will do our best following any guidance or instructions you provide. We follow your instructions and we accept no liability if you forget to ask us to notarise or attach something, for example if you ask us to notarise a power of attorney then later find out you need us to certify or attach a copy of your passport to it, we are not responsible for any document you have missed. If you are unsure, we always request that you check with the person who drafted the document. If we make a mistake in what we write in the document our liability is limited to offering you a free replacement, unless the mistake was pursuant to your erroneous instruction. We will always show you the notarised document to approve before you leave the appointment.
Postage
Documents retained for legalisation or any other purpose will be returned to you by first class post unless you request to collect it in person; if you wish to use another postal service such as recorded delivery you must request this at the appointment and pay the difference.
The loss of documents in the post or by a third party such as the legalisation agent, Foreign, Commonwealth & Development Office, or the embassy or consulate of a foreign country, is a rare but unfortunate occurrence. Notary Near Me is not responsible for the loss of documents by any third party.
If you post a document and it is then lost, we will charge for a replacement.
If we post a document and it is then lost, we will offer you a free certified copy or replacement. In order to replace the document, we may need you to provide us with a duplicate original of it. We will notarise it at no charge and then either provide you with instructions on how you can get an apostille or have it legalised yourself or if you prefer we will send the duplicate document for apostille or legalisation. You would have to pay any charges levied by third parties, such as postage, apostille and legalisation costs.
Wills
Our wills service is only provided to clients referred to us through a charity initiative such as the Free Wills Network, Free Wills Month or Will Aid. Wills through such organisations are normally free to the client but a fee may be charged if a trust is required or for a complex will or a will with many individual legacies – if there will be a charge you will be advised in advance of the appointment.
If you use our services to draw up a mirror will or mutual will with your spouse (or any other person) we reserve the right to accept individual instructions in future if one of you should approach us to change their will, without any obligation to disclose it to the other. If you instruct us to exclude family members from a will, we will do so, including in situations where your spouse or someone has passed you assets intending them to pass to their children (your step-children) after their death. In any such situation we draw your attention to the possibility of the excluded family members or dependents potentially challenging your will in court and/or asserting their rights to provision from your will.
Remote Wills Service
If we post or email your will to you then you accept responsibility for signing it and we will not chase you to establish whether it has been signed. We will always post or email it together with our standard signing instructions. We are not responsible for any consequences whatsoever if you do not follow our signing instructions or if you do not sign your will. If you use our email, postal or telephone wills service where there is no face to face appointment our services are strictly limited to drawing up a document. We do not accept any liability howsoever caused for any damages or losses arising if you procure the drafting of a will in the name of a third party without their knowledge or consent.
Alterations to Wills
Once the will is drafted, we will send it to you for review. If you require any amendments or alterations, we will action those free of charge. This only applies to minor changes and not to additional work (e.g. to add a trust into the will) which would be chargeable at our usual rates. Once we have made the changes requested, any further changes will be chargeable. Our fees are due once the first draft has been prepared, even if you subsequently decide you no longer want a will; this is to protect us from the risk of non-payment once we have sent the will to you.
Legal Advice
It is not our responsibility to give you legal advice concerning a document for notarisation or advise on tax matters in any case, including without limitation advice on inheritance tax. When dealing with a document destined for a foreign jurisdiction, you are advised to seek first the advice of your own independent legal or other competent professional adviser who practises in, or is skilled in the law of that jurisdiction.
Drafting
We strongly advise you have documents for foreign jurisdictions drawn up by lawyers from that jurisdiction. If we draft a document at your request, we provide no guarantee that it will work or contain everything required for its intended purpose in a foreign jurisdiction. Always use a qualified lawyer from that jurisdiction to draft the document for you if possible.
Tax
We do not provide any tax advice whatsoever. We are more than happy to refer you to a tax specialist should you require professional advice on any tax matter. We do not accept any liability whatsoever for losses arising from tax planning issues, tax penalties and tax charges, howsoever arising. It is rare for clients to provide us with incorrect information but you indemnify us against any tax payments, penalties and other costs whatsoever arising as a result of the provision of any false or misleading information by you.
Consular Legalisation
As a guide the postal service for an apostille takes approximately 7-28 days, the expedited service approximately 5-7 days, and the premium service approximately 3 days. "Days" means working days. The premium service is for urgent documents only and at the discretion of the Foreign, Commonwealth & Development Office – if the Foreign, Commonwealth & Development Office refuses to process your document on its premium service we will refund part of the cost back down to the cost of an expedited apostille but accept no other liability. If your document includes a copy of your passport and you have not signed your original passport, the apostille may be delayed. If your document has been signed by an issuing official (e.g. a marriage certificate) whose signature is not registered with the Foreign, Commonwealth & Development Office, there can be a delay while the Foreign, Commonwealth & Development Office contacts the official for a specimen of their signature. Notary Near Me is not responsible for any delay caused by third parties including but not limited to the Foreign, Commonwealth & Development Office or a foreign consulate. Premium apostilles are granted by the Foreign, Commonwealth & Development Office on a case-by-case basis for time-specific documents only and it is your responsibility to ensure the document meets the relevant criteria.
Data Protection
It is your responsibility to make sure you retain control of all communication methods you have previously identified to us, including your postal address, email address and telephone number. We will treat all instructions received from these sources as genuine. If you lose control of any of these resources you must inform us immediately. We do not accept instructions via text message, messaging platform or videoconference software unless we state otherwise in writing. Instructions are accepted only via email, personal attendance, post and telephone call. Any important instructions provided orally must be confirmed in writing.
Notary Near Me will in most cases keep an entry of the details of the service and copies of any documents you provide including, but not limited to, your proofs of identity. We are required to do so for regulatory reasons and to process your matter. You agree to us retaining relevant information about yourself and the matter dealt with. This may include your name, contact details, correspondence records and copies of documentation received. We will take appropriate measures to keep this information confidential and within the United Kingdom or a country with similar data protection measures in place. We may retain information in perpetuity however you have a right to request its deletion after 12 years unless the law or regulatory requirements require us to retain it for longer. We may use this for the purposes of complying with legal and regulatory requirements, to carry out credit checks, to detect, investigate and prevent fraud, for internal analysis and research, and to contact you from time to time with offers of products and services that we believe may be of interest to you. You can opt out of receiving marketing information at any time by writing to us at our registered address shown on our website. You can request a copy of any data we hold on you or request an update or correction to it by writing to our address as shown on our website.
We will not pass your details on to third parties other than the following without your consent unless required to do so by law: Express Insure, Utility Warehouse and Setfords Solicitors, for whom we also work. We are a licensed representative for Utility Warehouse and if you sign up to them using our Partner ID or web link, we receive a very small commission which we are informed does not affect your overall bill. In particular as a regulated firm we may need to carry out an electronic anti-money laundering check on you and in using our service you consent to us doing so. If we have reasonable suspicion a money laundering offence is being committed we may have to make a report to the regulatory authorities to request their clearance to proceed. This is exceptionally rare but we are not liable for any loss caused by delay from waiting for clearance to proceed. If you are kind enough to give us a testimonial we may use the comments and your first name in our publicity but we will not publish any other details about you.
Storage
We scan original documents and normally return them to you at the appointment. If an original document has to be retained or is posted in to us for subsequent return to you, we will return it to you by first class recorded delivery at your own cost. If you require a different return service please let us know when you deliver the document to us. We do not retain original documents but will endeavour to return them to you. If you do not accept your documents from us or do not pay our fees and costs we reserve the right to exercise a lien and to destroy them, sell them or charge you at our standard rate for storage as we at our discretion elect. We reserve the right to charge for the retrieval of electronic and paper documents following completion of the matter. We do not accept any liability whatsoever for loss or damage to your documents if you choose to send these to any third party.
Insurance
Notary Near Me carries professional indemnity cover of £1,000,000 and fidelity liability cover of £2,000,000. We therefore limit the level of our liability to you to the level of our insurance cover, except as a result of death or personal injury. This limit is considered to be fair and reasonable and reflects the level of professional indemnity insurance we hold. The limit shall apply to any and all causes of action against us in respect of, or arising from, or in any way connected with our engagement by you. If you require a higher limit of liability please contact us to discuss this. We may be able to make alternative arrangements or advise you of an alternative lawyer. Where in relation to any loss you also have a cause of action against any third party, we shall only be liable to you for our share of the responsibility but not more than the limit on our liability mentioned in this paragraph.
Amendment
Notary Near Me reserves the right to amend these terms & conditions at any time by posting an amended version to the website. The updated terms & conditions shall apply to all services rendered since the update.
Complaints
- 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 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.uk
- If 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.
Governing Law and Jurisdiction
The laws governing our agreement are the laws of England, and the courts of England have exclusive jurisdiction over any proceedings that arise from our dealings.
Queries
We hope that you will be satisfied with the service we provide but if you have any queries or need our literature provided in a different format please do not hesitate to contact us. We aim to provide the best possible service to the highest standards of practice while ensuring good value to our clients. Thank you for your custom and we hope you will return to use our services again in the future.
Merlin Batchelor
Director & notary public
NOTARY NEAR ME LIMITED
Terms & Conditions dated 12 January 2021