AA NOTARY PUBLIC
AA NOTARY PUBLIC
NOTARY PUBLIC - TERMS OF BUSINESS
1. Introduction
The terms of business highlighted herein consist of the basis on which the Notarial Practice acts as Notary Public and on which the works and services will be provided to the Clients. The terms herein are subject to periodic reviews and updates.
2. The Notary Public
I am Adeleke Adeniyi and I am a duly admitted and enrolled Notary Public for England and Wales and entitled to practise as such throughout England and Wales. I hold a Practising Certificate pursuant to the Notaries (Practising Certificates) Rules 2012. My Notarial Practice is regulated by the Master of the Faculties acting through the Court of Faculties, Faculties Office of the Archbishop of Canterbury. I am also authorised and regulated by the Solicitors Regulation Authority to practice as a Solicitor and Commissioner for Oaths. I am also a Member of the Notaries’ Guarantee Limited and the Notaries Society.
3. Location
The Office is located and situated at:
AA NOTARY PUBLIC
60A PLUMSTEAD HIGH STREET
PLUMSTEAD
LONDON
SE18 1SL
Tel: 020 8317 3333
Fax: 020 8317 3330
Mob: 079 5739 1494
4. Instructions
Instructions from Clients will be accepted or declined in accordance with the Public Notaries (Conduct and Discipline) Rules 1993 and the Notaries Practice Rules 2009(as amended by the Order of the Master of the Court of the Faculties on the 18 April 2011). The firm receives instructions via email, telephone calls and face to face contact. It is expected that the Client will provide a full description of the required notarial services at the outset and provide the requisite documentation together with any advice, guidance and/or directions.
5. Appointments
Appointments are offered on mutually convenient basis during Office Hours and/or Out of Office Hours. The Practice will endeavour to accommodate the Clients’ urgent needs for an appointment subject to availability and other work commitments. The Practice offer Home Services for Clients with mobility issues and conditions at their convenience subject to charges.
6. Charges & Fees
The applicable Charges and Fees are estimated and agreed at the outset in accordance with the Council of the Notaries Society Guidelines which stipulate that fees must be reasonable having regard to all the circumstances of the case. The applicable fees may also include an additional element reflecting other factors including value, importance, speed, complexity or special skills. Fees are reviewed at the Notarial Practice’s discretion. There is a minimum charge of 60 pounds agreed fees which may vary depending on the nature of the task at hand. Please note that details of the hourly rates applicable to any particular matter are available on request. Kindly note that separate charges are made for disbursements or expenses incurred on behalf of Clients.
7. Payments
The preferred method of payment is payment into the practice’s Bank Account. We also accept cash payments. Fees are normally due and payable in advance of engagement with the task but where applicable and agreed our fees may be due for settlement on completion of the works and prior to the release of completed documentation. The Notarial Practice reserve the right to decline to act in the event of payment not been made as requested and/or as agreed. The Notarial Practice do not charge VAT.
8. Lien
The Notarial Practice also reserve the right to exercise a lien on any papers or documents of the Client which are in our possession until full payment has been made.
9. Invoices
Invoices/Bills/ Receipts are issued and delivered where required for work carried out. Please raise your queries concerning your invoices etc. We reserve to charge interest on outstanding invoice after 7 days at 4% per annum above the Base Rates from time to time in force by the bankers of the Notarial Practice.
10. Bank Account
The Notarial Practice’s Bank Account details are available upon request.
11. Termination of Instructions
The Client may terminate instruction to the Notarial Practice in writing at any time and vice versa the Notarial Practice may decline to act on Client’s behalf in the event of Client’s insolvency or if a conflict of interest becomes apparent or if the Client fails to provide clear instructions.
12. Data Protection Act 1998
The Notarial Practice operates in compliance with the Data Protection Act 1998. The Client’s personal data may be obtained, used, processed and disclosed to enable the discharge of the services agreed under these terms of business and for other related purposes including updating and enhancing Client’s records, analysis for management purposes, statutory returns, Crime prevention and legal and regulatory compliance.
13. Protocol of Notarial Acts
The Notarial Practice is obliged to keep a protocol of every notarial acts for the applicable retention period pursuant to the provisions 0f Rule 20.3 of the Notaries Practice Rules 2009.
14. Information Commissioner’s Office
The Notarial Practice is duly registered with the Information Commissioner’s Office under the ICO Reference ZB256517.
15. Confidentiality
The Notarial Practice attach great importance to dealing with Clients’ affairs in strict confidence subject to the regulator’s right of inspection to ensure good practice and conduct.
16. Money Laundering Regulations
The Notarial Practice operates in compliance with the Money Laundering Regulations and related legislations under which the Notarial Practice is obliged to check the Client’s identity by requesting sight of all the necessary identification documentation like Passports, UK Driving Licence and the current utilities Bills for individual Client’s personal identification. The Certificate of Incorporation together with evidence of authority is required for corporate clients. The Notarial Practice is obliged to take and retain photocopies of any such documentation presented by Clients to the Practice.
17. Professional Indemnity Insurance
The Notarial Practice maintain the requisite Professional Indemnity Insurance pursuant to Rule 6.1.1 of the Notaries (Practising Certificate) Rules 2012 with the required limit of liability of 1,000,000 pounds.
18. Fidelity Insurance Cover
The Notarial Practice also maintain the requisite Fidelity Insurance Cover pursuant to Rule 6.1.2 of the Notaries (Practising Certificate) Rules 2012.
19. The Notaries’ Guarantee Limited Member
I am a Member of the Notaries’ Guarantee Limited
20. Limitation of Liability
The Notarial Practice’s liability for any claims, demands and costs in respect of any act, omission or negligence relating to any matter to which these terms relate will be limited to the sum of 1,000,000 pounds. The amount of any liability is to be reduced so far as it may be appropriate to take account of the degree of responsibility of any other advisers whom the Client has consulted in relation to the matter as if the practice had successfully claimed contributions from them under the Civil liability (Contribution) Act 1978 taking no regard for any limitation agreed between the Client and such advisor and they have the resources to meet the same, provided that the Notarial Practice shall not be obliged to make or pursue any such claim for contribution. The application of any legislation conferring on third parties contractual or other rights including the Contract (Rights of Third Parties Act 1999) shall be excluded in so far as permitted by law. No liability whatsoever will be accepted on the part of the Notarial Practice, its partners, agents or staff in relation to any loss, damage or liability whatsoever caused directly or indirectly to any party other than the Client for whom the Notarial Practice has agreed to act in connection with the relevant matter. No third party shall have any right to enforce any contract by the Notarial Practice to provide advice or services or to rely upon any advice or opinion expressed by or on behalf of the Notarial Practice.
No liability whatsoever will be accepted on the part of the Notarial Practice, its principal, agents or staff 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 however caused which arise out of or in connection with the services provided by the Notarial Practice 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. All claims arising from the same act or omission or from a series of related acts or omissions shall be regarded as one claim whoever they are made by. No individual within the Notarial Practice whether Principal or employee will be personally liable at all for any act, omission or negligence in the course of the conduct of the matter. These limitations will apply notwithstanding any express or implied term of business, collateral agreement, warranty etc.
21. Force Majeure
The Notarial Practice shall not be liable for any loss or damage arising from the direct or indirect cause of the supply of services being prevented, hindered, delayed or rendered uneconomical due to circumstances beyond our control, including but not limited to Acts of God, acts of civil or military, strike, lock out, trade dispute or labour disturbance, accident, breakdown of machinery, flood, storm or difficulty or increased expense in obtaining information or services of any description. The Notarial Practice will not be responsible for the loss or other direct or indirect losses that Clients may incur as a result of documents going missing or being delayed whilst in transit where Couriers or the Royal Mail are used to post documents.
22. Complaints Procedure
The Notarial Practice aim to provide a good services and if any Client have cause for any dissatisfaction or complaint about the services received, such Clients should immediately notify MR ADELEKE ADENIYI the Notary Public first. The Practice would endeavour to resolve and put the matter right for you.
The Notarial Practice is regulated by the Faculty Office of the Archbishop of Canterbury:
The Faculty Office
1 The Sanctuary
Westminster
London
SW1P 3JT
Email: Faculty.office@1thesanctuary.com
Website: www.facultyoffice.org.uk
If the Notarial Practice is unable to resolve the matter, you may refer the matter to The Notaries Society of England and Wales of which I am a member, who have a Complaints Procedure which is approved by the Faculty Office. The Notaries Society will deal with the complaint under their Approved Complaints Procedure which is free to use and is designed to provide a quick resolution to any dispute. 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
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.
23. Governing Law and Jurisdiction
The English Law shall be the applicable law as we do not advise on foreign law but act in an evidential and authentication capacity thereof. The English Courts have sole jurisdiction in the case of any disputes and the validity, performance and constructions of these Terms of Business shall be governed by the Laws of England and Wales.
MR ADELEKE ADENIYI
NOTARY PUBLIC
60A PLUMSTEAD HIGH STREET
PLUMSTEAD
LONDON
SE18 1SL
T: 020 8317 3333
F: 020 8317 3330
M: 079 5739 1494