Terms of Business
- Notarial Services: London Mobile Notary ("LMN", "we", "us", "our") provides, subject to these terms of business ("Terms of Business"), notarial services ("Notarial Services") which comprise of, but are not limited to: properly identifying our client ("you", "your") and establishing your capacity, understanding, and intention to be bound by the documents(s) you wish to have notarised (and if you are not acting in a personal capacity but rather on behalf of a legal entity, both the capacity of the legal entity and your authority to act on its behalf), reviewing and dealing with any documents presented by you, any necessary drafting required, ensuring the secure binding of the notarised document(s) and any other formalities required by the receiving jurisdiction, and dealing with legalisation matters if required (see Section 5 below for further details on the legalisation process). Notarial Services do not include the provision of legal advice concerning your document(s), and you are advised to seek independent legal/professional advice from a practitioner who is experienced in matters pertaining to your specific document(s) in the receiving jurisdiction to which you intend to send your document(s). If your document is in a language other than English, it may be necessary for an English translation to be prepared, and it is recommended that you seek independent legal/professional advice. If for any reason an English translation of your document(s) is not possible or not permitted in the receiving jurisdiction, the notarial act will be limited to the authentication of your signature/execution of the document(s), in which case you are advised to seek independent legal advice to ensure that such a notarial act will be accepted in the receiving jurisdiction. Additionally, where the services of a translator are used, the notarial act may be limited to an attestation of the translator's affidavit, or authentication of the translator's certificate verifying the translated document(s). Finally, LMN is obligated to ensure that you are acting under your own free will, and that the document(s) presented will not be used to facilitate fraud, violence, or any other illegal action. Where there is any doubt about the legality of the document(s) or your volition to instruct, LMN reserves the right to refuse to act on your behalf.
- Notarial Fees: LMN will normally provide Notarial Services, as defined below, on a fixed fee basis, or, where a fixed fee cannot be provided prior to or at the point of instruction, an explanation of how the fee will be calculated, with a proper estimate of what the total fee will likely be. The minimum fixed fee for 2021 is £65. Where fees are calculated based on a pro-rated hourly time charge (2021 rate is £295 per hour), this will be based on the total time spent on all work undertaken on your matter from start to finish including, but not limited to: preliminary discussions and advice, document preparation, attendances at either your office/home or at our premises, drafting, phone calls, email correspondence, photocopying documents and the completion of a subsequent notarial register and protocol (as required pursuant to the Notaries Practice Rules 2019). FOR MISSED/CANCELLED APPOINTMENTS WITH LESS THAN 24 HOURS NOTICE, A CHARGE OF £25 WILL BE LEVIED. Where Notarial Services will require disbursements to be made on your behalf, such as paying Foreign & Commonwealth Office ("FCO") legalisation charges, you will be advised of such additional costs upon our acceptance of your instruction, and normally such costs will be paid by you in advance of the expenditure being made on your behalf. LMN is not registered for VAT, and so no VAT will be charged in addition to the aforementioned Notarial Services fees. For the avoidance of doubt, LMN reserves the right to vary the original quote, whether provided on a fixed fee or fee estimate basis, together with estimated cost of disbursements, in the event that your initial instructions are no longer applicable (for example, where the number of documents originally requested for notarisation has changed). All fees are normally payable upon the signing of, or receipt by you of the notarised document(s). In some instances, to be agreed in advance, payment will be due upon issuing you an invoice.
- Insurance Cover and Limitation of Liability: LMN carries professional indemnity insurance with a limit of £1,000,000 per claim, and the liability of LMN to you, for the provision of Notarial Services, is limited to this amount.
- Regulatory Information: The principal of LMN is regulated by the Master of the Faculties through the Faculty Office of the Archbishop of Canterbury.
- Foreign & Commonwealth Office and/or Consular Legalisation: Certain jurisdictions require a document to be legalised in order to be legally valid. This is the process by which a state agency confirms that a notarial seal and signature are those of a qualified English notary with a valid practising certificate. In England and Wales, the Foreign and Commonwealth Office attach an apostille to the document once it has been notarised. For jurisdictions which are a party to the Hague Apostille Convention, usually no further step is required. However, there are instances where the document then has to be sent to the local embassy or consulate of the country where the document will be sent. The embassy/consulate will then attach its own certificate to the document. You are advised to seek independent legal advice, preferably from a practitioner in the jurisdiction you will be sending your document(s) to, to confirm whether or not legalisation is required. LMN is able to assist you with obtaining the necessary legalisation for your document(s) and can advise on timescales, the use of third party legalisation agents, and courier services. You are also able to deal with legalisation requirements directly, and this will be agreed prior to accepting your instructions for the provision of Notarial Services.
- Termination: You may terminate your instructions to LMN at any time by giving LMN reasonable written notice. All fees and disbursements incurred up to the date of termination will be charged.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("the Regulations") apply to consumers who enter into "off-premises contracts" with businesses. If you wish to instruct LMN during a visit to your home or private address, for the provision of Notarial Services that are wholly or mainly outside of your trade, business, craft or profession, the following terms will apply:
- You acknowledge that the Regulations do not apply to your contract with us to the extent it relates to the creation of immovable property or of rights in immovable property.
- To the extent that the Regulations do apply to your contract with us, you are entitled to cancel without any reason or liability if you do so within 14 days ("Cooling-off Period") of giving your instructions.
- Given the nature of notarial work, and the requirement for receiving services as soon as possible, it is unlikely that clients will be willing to accept a delay in the provision of Notarial Services. Therefore, your acceptance of these Terms of Business confirms your request for LMN to act on your instructions without delay. On this basis, LMN will begin work in the provision of Notarial Services prior to the end of any cancellation period that may exist in law.
- FOR THE AVOIDANCE OF DOUBT, YOUR ACCEPTANCE OF THESE TERMS OF BUSINESS CONSTITUTES YOUR EXPRESS WAIVER OF YOUR RIGHT UNDER THE REGULATIONS TO CANCEL YOUR CONTRACT WITH US DURING THE 14 DAY COOLING OFF PERIOD WITHOUT LIABILITY. THIS WAIVER DOES NOT PREVENT YOU FROM CANCELLING YOUR CONTRACT WITH LMN AT ANY TIME, AND SHOULD YOU DECIDE TO DO SO, YOU MUST PROVIDE WRITTEN NOTICE OF THIS INTENTION. YOUR ACCEPTANCE OF THESE TERMS OF BUSINESS CONFIRMS YOUR AGREEMENT TO BE LIABLE FOR OUR FEES FOR ANY WORK THAT HAS ALREADY BEEN CARRIED OUT FOR YOU IN THE EVENT OF YOUR EARLY TERMINATION FOR CONVENIENCE DURING THE COOLING-OFF PERIOD.
- Your agree that the information given here and your instructions to start work constitute confirmation of your contract with LMN. You accept that the information contained in these Terms of Business has been addressed to you personally. You also agree that the information has been provided in a durable medium which enables you to store the details in a way that is accessible for future reference.
LMN reserves the right to terminate the engagement with you if there is a good reason to do so, for example, if you do not pay a bill or comply with a request for a payment on account or you fail to provide the necessary co-operation which LMN is reasonably entitled to expect in the provision of Notarial Services.
8. Law and Jurisdiction: These terms of business, which govern the Notarial Services provided to you by LMN, are subject to the laws of England, and any disputes relating to the Notarial Services shall be subject to the exclusive jurisdiction of the English courts located in London, England.
London Mobile Notary (Registered in England and Wales, company number 11032192): Terms of Business; Updated: 1st January 2021