TERMS OF BUSINESS

I act only on the basis of these Terms of Business.

A. FEES: The basis upon which the fees are calculated.

My  fees are calculated depending on the complexity, urgency and time spent on the transaction at hand and are subject to VAT at the rate that applies from time to time when the work is done.

When there are numerous documents to be notarised fees can be calculated per document notarised or by time spent on an hourly basis. When the fee is calculated on an hourly basis, the chargeable time includes: time spent in receiving instructions, seeking clarification of instructions, reading correspondence, amending draft documentation provided, time spent on telephone calls, meeting/s and finally completing the Notarial Register. The chargeable time applies to abortive work. We shall inform you of our hourly rate upon request.

Disbursements: In addition to my professional fees there may be fees payable to third parties on your behalf such as the Foreign Office, consulates, translators, Companies House, superintendent registrars and couriers. Unless otherwise agreed with you in writing prior to commencement of work I shall require advance payment on account of costs to cover disbursements.

Payment of fees : My  fees are payable upon collection/delivery of the completed documentation with the exception of an established client with whom we have agreed in writing prior to undertaking the work to invoice them monthly and payment to be made within 7 working days of invoice. Invoices are delivered where required for work carried out, expenses incurred and disbursements made during the conduct of a matter. Sometimes it is agreed that our invoice will be paid by a third party, but you will remain liable if that third party fails to make payment.

Queries on invoices and Interest for late payment: Any queries concerning an invoice should be raised immediately upon receipt. In the event of payment not being made as requested, I reserve the right to decline to act any further on your behalf or to exercise a lien on any papers or documents in our possession, until payment has been made. In the event of late payment I reserve the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the late Payment of Commercial Debts (Regulations 2002).

Estimates: Except in the most routine cases it is difficult to estimate how many hours of work will be required to complete a matter, bearing in mind the variety of circumstances that may arise. However, guidance as to likely costs will be given, where possible, on request. Any estimates given will be based on the information available at the time and, although given in good faith, will not be binding. 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.

Funds on account: I  reserve the right to ask for money to be paid on account of work to be done, disbursements to be made or expenses to be incurred. Credits to the firm's Account should be made in sufficient time to allow for bank clearance before they are required.

Termination of retainer: You may terminate instructions to us in writing at any time. In the event of payment not being made for an invoice or on account as requested, or in the event of your insolvency or if a conflict of interest arises or if you fail to provide me with proper instructions, I may decline to continue to act on your behalf and exercise the lien on any papers or documents in our possession until payment has been made.

B. PROFESSIONAL INDEMNITY AND LIMITATION OF LIABILITY

I  maintain professional indemnity insurance  at the appropriate level in compliance with  Notarial Practice rules in force from time to time.

I do not accept any liability for loss (including, but not limited to, damages, costs and interest) to you or other parties, whether in contract or in tort (including negligence) or otherwise in relation to any matter in the absence of specific written agreement to the contrary referring to this term in excess of :

-          The amount of my professional indemnity insurance cover from time to time.  The present cover limit is £1,000.000.00 in respect of any one claim or series of related claims (save in the case of fraud, where no such limit shall apply). Specific cover for higher limits may be obtainable in certain circumstances at your expense. It is therefore important that you consider this carefully and agree at the outset that such a limit is fair and reasonable in the circumstance. If you do not raise this matter with us at the outset you will be deemed to accept that this is so. I emphasise this responsibility is with you. In the event that you consider otherwise it needs to be drawn to my attention  at the earliest possible stage in order that I can reconsider whether and on what terms I am  prepared to continue.

-          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 you have consulted in relation to the matter as if we had successfully claimed contribution from them under the Civil Liability (Contribution) Act 1978 taking no regard to any limitation agreed between you and such adviser, and they had the resources to meet the same, provided that I shall not be obliged to make or pursue any such claim for contribution.

-          No liability whatsoever will be accepted on the part of me in relation to any loss, damage or liability whatsoever caused directly or indirectly to any party other than the person/organization for whom we have agreed to act in connection with the relevant matter. No third party shall have any right to enforce any contract by us to provide advice or services or to rely upon any advice given or opinion expressed by or on behalf of us. 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 insofar as permitted by law.

-          In any event, I accept no liability where such liability either arises from any instructions or information given by you 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 services provided by us or for profit, loss of business, loss of data, depletion of goodwill or loss occurring in the normal course of business or otherwise.

-          All searches of the Register of Companies carried out by us are effected using the Registrar of Companies on line service. To the extent that the Registrar or other provider does not accept responsibility for any inaccuracies or omissions arising from use of the on line service, we accept no responsibility or liability arising from reliance upon the results of such searches, if they should subsequently be found to be inaccurate or incomplete.

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

OTHER EXCLUSIONS

USA and Canada :All liability arising out of legal actions instituted within the jurisdictions of the United States of America and Canada are excluded.

Foreign Law: This practice does not  advise on foreign law.You are advised to seek prior  independent legal advice from a lawyer qualified  in the jurisdiction where your documentation will be presented.

Force majeure: We will not be liable for any loss or damage arising as a direct or indirect result of the supply of services being prevented, hindered, delayed or rendered uneconomic by reason of the circumstances beyond our control, including but not limited to Act of God, war, riot, strike, lock out, trade dispute or labour disturbance, accident, breakdown of machinery, fire, flood, storm or difficulty or increased expense in obtaining information or services of any description.

C. RIGHTS OF THIRD PARTIES

Save as otherwise specifically agreed, I accept no liability for the rights of third parties resulting from any Notarial act provided.

D. APPLICABLE LAW AND JURISDICTION

English law shall be the applicable law and the English courts shall have sole jurisdiction in the case of any dispute. If any provision of these terms is held by any court or other competent authority to be void or unenforceable in whole or in part, these terms shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.