GREWAL NOTARY – TERMS OF BUSINESS
1. Scope of Application
1.1 These terms of business apply to all services provided to you, the client, by Tarnjit Singh Grewal, trading as Grewal Notary of 27 The Fairway, West Molesey, Surrey, KT8 1PB, England (“the Notary”).
1.2 We can only act for you on the following basis and when you have had sight of these conditions, then by instructing us to act you are accepting the following conditions.
2. Accepting and Declining Instructions
2.1 We will accept instructions from you in accordance with the Notaries Practice Rules 2014 and my oath of office.
3. Our Services and Verification of Facts
3.1 We will:
– Keep you informed of progress made in carrying out your instructions;
– Advise you of any delays and, where possible, explain why such a delay is occurring; and
– Advise you where it becomes necessary to change the basis on which our fees are payable or calculated.
3.2 You shall:
– Provide us with clear instructions; and
– Provide us with full and accurate information sufficient to enable us to carry out your instructions.
3.3 Part of the Notary’s role is to check the facts in the documents they notarise for their clients, and this sometimes involves obtaining evidence or proof from sources independent of you. If we are required to include disclaimers or caveats to the document to make it clear that there are facts which we have not been able to verify the document may become of less benefit to you and we will not accept any liability if this is the case.
4. Proof of Identity
4.1 We are required to identify you and any organisation you represent. This will involve you providing us with:
Evidence of identity – this should be your passport, or if you have no passport a government issued document which bears your photograph, such as an EU photographic driving licence.
Proof of residence – an original document, dated within the last 3 months, which confirms where you live, such as a recent utility bill or bank statement. If you have difficulty producing such original documents we can discuss with you what evidence of identity we need to see to satisfy us that you are who you say you are.
For businesses and organisations
Where you act on behalf of a company or body we will need to satisfy ourselves of the existence of that company or body as well as the authority of person(s) signing on its behalf. In the case of companies or bodies established in the United Kingdom, we will generally conduct our own checks. This may incur a small charge but you will be advised of any fee prior to the commencement of any work.
In some cases (particularly companies or bodies established overseas) we may ask you to produce certain documents. These might include a certificate of incorporation, good standing certificate or other similar evidence of corporate existence. In order for us to certify a signatory’s authority to represent a company or body, additional documentation will be required, for example:
– Constitutional documents (e.g. memorandum and articles of association)
– A power of attorney in some cases, duly notarised and apostilled
– Board resolutions
– Bank authorised signatory book
– Extract from a commercial register
4.2 Company documents in a language with which we are not familiar may require translation. We will be happy to advise precise requirements in any particular case.
5. Fees, Disbursements and Payments
5.1 The fee I charge to notarise each document is determined by whether your document is considered a “personal document” or a “commercial document”. The minimum fee chargeable is £70.00.
5.2 I will advise you whether your document is considered a personal document or a commercial document before any work is started.
5.3 In accordance with the Council of the Notaries’ Society Guidelines (which stipulate that fees must be reasonable having regard to all of the circumstances of the case) my fees may be increased to reflect particular complexity, speed and special skills.
5.4 I reserve the right to apply additional charges if I am required to carry out extra work or if the matter proves to be unusually difficult or complex. Miscellaneous costs such as consular fees, bank charges and major photocopying or postage costs may also be passed on to you. In any event I will, to the extent reasonably practicable, make known to you in advance the basis upon which my fees will be calculated.
5.5 Depending on the matter, and whether notarial attendance is required, I can charge fees based on the time taken for the whole matter, and this is charged at the rate of £260.00 per hour. You will be advised if the hourly rate is to be charged before I start any work.
5.6 An example of what the hourly rate would include is:
5.6.1 Making the appointment;
5.6.2 Travelling, waiting time, meetings with you and meetings with others;
5.6.3 Considering preparing and working on papers; and
5.6.4 Correspondence including letters, faxes, emails and telephone calls.
5.7 The notarisation fee and any disbursements in relation to legalisation and/or apostille are at present not subject to VAT.
5.8 If the work is terminated before completion, I will charge you a fair and proportionate amount for any work actually carried out.
5.9 I reserve the right to request you provide fees or funds in advance in order to cover matters such as consular disbursements, especially when these amounts are likely to be significant.
5.10 Fees will not be waived or reduced except with the agreement of the Notary.
5.11 My invoices are payable on receipt. Where we have agreed that fees are not paid on presentation of my bill, then all fees are payable within 7 working days of the date of the invoice.
5.12 Should settlement not be forthcoming I reserve the right to charge interest at 4% per annum above the base lending rate of our clearing bankers accruing on a daily basis on all sums outstanding from the date of the issue of the invoice until payment in full. I also reserve the right to suspend or terminate our services if any sum is overdue from you.
5.13 Even if another person has agreed to pay or is responsible for paying all or part of our fees and costs, I may address our invoices to you as the instructing party and you will, in all cases, be responsible for paying them; irrespective of who pays my invoice, my duty of care is owed to you alone as the instructing party unless we agree otherwise.
5.14 There are circumstances where I am entitled to retain property which belongs to you. This right of lien may be exercised by me at any time while fees or expenses are unpaid.
5.15 Fees may be payable to third parties, for example fees payable to the Foreign and Commonwealth Office, Foreign Embassies or agents dealing with legalisation of documents, Companies House search fees, translation fees or postage or courier charges.
5.16 Where Embassy or Consulate fees change once your document has been presented to the Embassy I will advise you of the change. You confirm that you are liable for the altered fees.
6. Apostille and Embassy Legalisation
6.1 The times at which an Embassy or Consulate accepts documents varies and some documents cannot be lodged on the working day after obtaining an apostille.
6.2 Where you have asked me to provide a legalisation service your documents have been lodged with an Embassy or Consulate, and I have been advised of a collection date by that Embassy or Consulate, I cannot guarantee that your documents will be ready on that day as sometimes the Embassy or Consulate does not meet their own deadlines.
6.3 Where you have asked me to vary the work after you have initially instructed me I will inform you of any revision in my fee and timescales for the amended services.
6.4.1 I will endeavour to return documents by the estimated date of return. You will be advised of the estimated date of return prior to the commencement of any work being carried out.
6.4.2 Any indication of when a document will be returned to you is an estimate and as such time is not of the essence.
6.4.3 I do not accept any liability arising from a failure to deliver services or documents to you in accordance with the estimated date of return.
6.4.4 Where there is a delay in meeting the estimated date of return I will take reasonable steps to notify you of the reasons for delay. If I do not have your contact details I cannot be held liable for any delays caused by notifying you by post.
There are many circumstances in which documents are delayed and which are outside of my control. These can include:
6.5.1 Postal delays;
6.5.2 Transport delays;
6.5.3 Courier delays;
6.5.4 Delays at the Foreign and Commonwealth Office whilst apostilling your document; and
6.5.5 Delays caused at an Embassy or Consulate.
You agree and accept that I cannot be held responsible for any delays caused which, by me acting reasonably, are outside of our control.
6.6 Embassy or Consulate Legalisation
6.6.1 I do not accept any liability where you have incorrectly instructed me; for example asking me to obtain legalisation for the wrong country.
6.6.2 Although I will do my best to ensure they are accepted, you accept that I am not liable for any losses, direct or otherwise, due to an Embassy or Consulate refusing to legalise documents.
6.6.3 I reserve the right to charge an additional courier fee if it is necessary to return to the Consulate with amended documents.
6.6.4 Where Consulates do not offer legalisation services I cannot then provide that service.
7. Exclusions and Limitations of Liability
7.1 Tarnjit Singh Grewal maintains professional indemnity insurance in the sum of £1million.
7.2 You agree that my aggregate liability towards you for claims in connection with my services, howsoever arising, shall be limited to £1 million in total per engagement.
7.3 The expression “howsoever arising” covers all causes giving rise to liability, whether arising by reason of non performance, delay, negligence, misrepresentation, other tort, breach of contract, breach of statutory duty or otherwise.
7.4 I shall not be liable to you to the extent that I are unable to perform the services as a result of any cause beyond my reasonable control including without limitation industrial action (other than solely on the part of our personnel), act of God, war, civil commotion, terrorism, theft, malicious damage (other than by my personnel) accident, failure or breakdown of computers, machinery, systems, extreme weather conditions, power failure or failure of telecommunications (“Force Majeure”). In the event of any Force Majeure affecting us, I shall notify you as soon as reasonably practicable.
7.5 Save as provided under the Unfair Contract Terms Act 1977, my liability to you for any loss, injury or damage of any nature whatever whether direct or consequential, including, without limitation, in respect of negligence or breach of my duty to you, is hereby limited to such sum in respect of any one claim or series of related claims (save in the case of fraud, where no such limit shall apply).
7.6 I do not accept any liability for consequential and indirect loss or damage, loss of profit, revenue, good will and any loss of opportunity.
7.7 Rights as a consumer, defined in the Unfair Terms in Consumer Contracts Regulations 1999, shall not be adversely affected by these terms to the extent prohibited by those Regulations.
7.8 Nothing in these terms of business affects my liability for fraud or otherwise to the extent prohibited by law.
8. Return of Documents to you/third party
8.1 My Order Form, available at www.grewalnotary.co.uk, sets out the various ways in which I can dispatch documents to you together with their respective fees. If you are unsure as to what is included in each service or fee please contact us.
9. Client Money
9.1 If I am asked to hold a client’s money I will do so in accordance with the relevant Notaries’ Practice and Accounts Rules, paying interest when required to do so by the Rules. To comply with my obligations under the Criminal Justice Act 1993, the Proceeds of Crime Act 2002 (as amended by the Crime and Courts Act 2013 and the Serious Crime Act 2015), the Money Laundering Regulations 2007 and the Terrorism Act 2000 (as amended by the Anti-Terrorism, Crime and Security Act 2001, the Terrorism Act 2006 and the Terrorism Act 2000 and Proceeds of Crime Act 2002 (Amendment) Regulations 2007) I reserve the right to ask for evidence of the source of any funds provided to me or involved in the transaction.
9.2 Proceeds of Crime Act 2002 and Terrorism Act 2000. I am prohibited by this legislation from acting for or advising a client in relation to terrorist financing or the acquisition, retention, use or control of the proceeds of any crime or any attempt to conceal, disguise, convert or transfer any criminal property or to remove it from the jurisdiction, or from being involved in arrangements relating to such activities.
9.3 The proceeds of crime and criminal property are widely defined for these purposes to include any activity (including tax evasion) carried on anywhere which would be illegal if carried on in the United Kingdom.
9.4 I have a legal obligation to report to the Serious Organised Crime Agency any person, including a client, that I have any reason to suspect is involved in activity covered by this legislation. As a result I reserve the right to disclose all information to the relevant authorities that may be required by law without notice to you, and if appropriate to cease acting for you without giving any specific reason.
9.5 These obligations override my duty of confidentiality to you. I therefore cannot and will not accept any liability for any loss or damage that you or a third party may suffer or incur from any cause, arising from any action taken, or not taken, by me in order to comply with this or any related legislation.
9.6 I may also require confirmation from you of the source of any funds, in particular any sent from another country. In such cases I may require further information and supporting documentation to verify the source and legitimacy of such funds.
10. Storage of Documents
10.1 I store evidence of identity together with (and without charge to you) a copy of the notarial act we have completed. We will not always keep a full copy of the notarial act but reserve the right to do so.
10.2 I may not hold a copy of the apostille and/or legalisation.
10.3 I will advise if your document is considered a public form or a private form document. I would retain:
10.3.1 Copies of non-public form documents for a minimum of 12 years; and
10.3.2 Original public form documents for perpetuity.
10.4 Unless we agree otherwise, the copyright in the original materials which we create for you belongs to me. Subject to payment of the fees for that material, you are permitted to make use of those materials only for the purposes for which they are created.
10.5 I may communicate with you by email, unless you instruct us not to do so. I will not normally encrypt outgoing email.
11. Termination of instructions
11.1 You may at any time terminate our engagement in writing.
11.2 Any reference in these terms to “writing” shall include fax and email.
11.3 You must notify me immediately in writing to 27 the Fairway, West Molesey, Surrey, KT8 1PB, England or by email at firstname.lastname@example.org where you wish to terminate a service once it has started.
11.4 Where costs have been incurred, such as my costs or third-party disbursements you will be required to pay for these on a pro-rata basis. If you fail to pay the pro-rata I will be entitled to cease all work immediately without prejudice to any other remedies I may choose to pursue.
11.5 I may decline to offer services or discontinue the same for any reason. For example, if you are overdue in making payment, you fail to give clear or proper instructions or instructions which conflict with my rules of professional conduct. Should I be unable to offer services I will notify you.
12.1 I owe a duty of confidentiality to you. You agree, however, that I may, when required by auditors, insurers or advisers, provide details to them of any engagement, and that we may also disclose confidential information if required to do so by Law or Regulation.
12.2 Sometimes I ask sub-contractors or other third parties to undertake translating, typing, photocopying or other support services. I will require these third parties to not retain any details of your personal data and to keep my dealings with them confidential. If, however, you do not want me to use third party providers please inform me in advance.
12.3 In accordance with my professional rules, a copy of a notarial act or of the record of a notarial act retained by me may, upon payment of a reasonable fee, be issued upon the application of any person or authority having a proper interest in the act.
13. Regulation, compliance and complaints
This notarial practice is regulated by the Faculty Office of the Archbishop of Canterbury.
Their address is:
The Faculty Office
1 The Sanctuary
London, SW1P 3JT
Telephone: 020 7222 5381
If you are dissatisfied about the service you have received please do not hesitate to contact Tarnjit Grewal, senior notary public at the Grewal Notary. The principal rules which govern our practice are the Notaries Practice Rules 2009.
I would hope to be able to resolve your concern, but if we cannot then you can complain to the Notaries Society of which I am a member. The Notaries Society have a complaints procedure, the Notaries Society Approved 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
Secretary of The Notaries Society
Old Church Chambers
23 Sandhill Road, St James
Northampton, NN5 5LH
Telephone: 01604 758908
If you have any difficulty making a complaint in writing, please do not hesitate to call 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 eight weeks from the date of making the complaint to me, make your complaint direct to the Legal Ombudsman if the matter has not been resolved to your satisfaction. If you decide to make a complaint to the Legal Ombudsman, you must refer your matter to the Legal Ombudsman within six months from the conclusion of the complaint process.
The Legal Ombudsman’s contact details are:
PO Box 6806, Wolverhampton
Telephone: 0300 555 0333
14. Data Protection and Compliance with the Notaries Practice Rules
14.1 I shall comply with any obligations I may have under the Data Protection Act 1998 and the relevant Notaries Practice Rules. In addition, I provide a Data Privacy Notice under separate cover. A copy of our Data Privacy Notary can be found on my website at https://www.grewalnotary.co.uk/privacy-policy/.
15. Third Party Rights
15.1 No third party shall have any right to enforce or rely on any provision of the Contracts (Rights of Third Parties) Act 1999. The notification or consent of any third parties shall not be required in order to rescind or vary the terms of my contract with you.
16.1 The performance and benefit of my contract with you may be assigned by me to any person (which expression shall include a body of persons corporate or unincorporate) who acquires or continues all or part of our business.
16.2 Except as provided by the clause above, neither you nor I have the right to assign the performance and benefit of this contract without the written consent of the other.
17. Severance of terms
17.1 If any provision shall be declared to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be impaired.
18. These terms and variations
18.1 These terms supersede any earlier terms of business I may have agreed with you and, in the absence of express agreement to the contrary, will apply to the current services and all subsequent services we provide to you. Amongst these things, your continuing to instruct me to act for you will amount to acceptance of these terms. From time to time it may be necessary to amend or supersede these terms with new terms. When this is the case, I will notify you of the changes and, unless I hear from you to the contrary no later than 14 days after such notification, the amendments or new terms will apply from the end of that period.
19.1 Any notice to be given to me can only be validly given in writing by personal delivery or recorded delivery post to 27 The Fairway, West Molesey, Surrey, KT8 1PB.
19.2 Any notice to be given by me to you is deemed to have been validly given to you at your last address known to us, in the following order of preference: a postal address, a fax number, an email address.
19.3 In the case of post such notices if sent by prepaid post to an address in the United Kingdom, will be deemed to have been delivered 7 days after posting, and if sent by prepaid post to an address outside the United Kingdom, within the period provided for in the Civil Procedure Rules relating to service of proceedings out of the jurisdiction. In the case of fax or email such notices will be deemed to have been delivered 24 hours after transmission or sending.
20. Law and Jurisdiction
20.1 The formal and material validity, performance and construction of these conditions and any agreement made, and whether any agreement is made subject to them, shall be governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.