Terms and Conditions - AB Notaries Limited

1. TERMS AND CONDITIONS:

We ( namely AB Notaries limited, its employees and representatives) do not and cannot advise on the form, content or effect of any document nor on any aspect of any underlying transaction whether in this jurisdiction or elsewhere. Legal advice should always be sought from a lawyer qualified in the country for where the notarised document is to be received in respect of any document to be notarised and that advice is to be the advice relied upon. No warranty can or will be given that a notarised document by us whether or not legalised or apostilled , will be accepted by the receiving party in any country, or by any third party, nor is any warranty given that it will be suitable for the intended purpose. We cannot and do not advise on the requirements of receiving parties, nor on the form, content or effect of any document to be notarised, all of which must be ascertained by you. We do not give legal advice and the terms of acceptance of our services incorporate these terms and conditions.We are not nor will be liable for any loss or damage or delay or adverse consequences of any kind howsoever arising should the notarised/legalised documents be rejected by any receiving party or third party.If any document is drafted by us for you then it is your responsibility to obtain approval of the same from the receiving party and it is at all times your responsibility to satisfy yourself that it is suitable for the intended purpose and that it will be accepted in the receiving country or third party. We give no warranty in that regard.Timeframes if given are strictly indicative and are not, in any way, guaranteed. Instructions to legalise documents are accepted on the basis that we do not accept responsibility for meeting the requirements of any embassy/consulate or of the Foreign and Commonwealth and Development Office or any office which replaces it.

2. OUR FEES:

The present hourly rate starts at £90 no vat, for one document. We will in any event provide you with a fixed quote upon receipt of a scanned copy of the document(s) with information on exactly what is needed. We will rely on that request and if further work is required beyond that request then the quotation will be adjusted to reflect this. Often there are further legalisations required beyond notarisation and whilst we can do our best to advise ultimately the responsibility is yours to ascertain what exactly is required for your document to be accepted in the receiving jurisdiction. We can arrange apostilles for you from the Foreign Commonwealth & Development Office (FCDO) and further legalisation through Consulates/Embassies if required. The FCDO apostille cost will be notified to you at the time of instruction. We reserve the right to add a handling fee which will be notified to you in advance. Each embassy and consulate will charge its own prices and those fees will be made clear to you. The courier fees and postage fees are additional disbursements which will be added to our fee. Once we have posted or released the document(s) to a courier company we have no control over the document and will not be liable for any delay or loss incurred from that point. We reserve the right to vary the rate, in respect of extremely urgent work or work done outside ordinary office hours or at the weekend. These fees are based on you attending at our office. If we are required to travel to you then the hourly rate will be applied. Please note that even the simplest notarial act requires work beyond attendance on you.
We are obliged to keep detailed records of all the work that we undertake.

3. FIXED FEES:

We may in the case of straightforward matters agree with you beforehand a fixed fee. If however at the appointment the matter proves to be more complicated or there are more documents or more people involved than you indicated or legalisation is required , we reserve the right to renegotiate the fee or agree to charge you at the hourly rate.

4. DISBURSEMENTS:

You are responsible for all payments which we make on your behalf. Typical examples are legalisation fees paid to the Foreign and Commonwealth Office and/or an Embassy or Consulate’s fee; legalisation agent’s fees, Company House fees, courier fees and special delivery postage charges. However, we shall not incur these expenses without first obtaining your consent to do so. By providing your consent you are also undertaking to discharge those costs and understand that you are responsible for them in full.

5. PAYMENT:

Our charges are normally payable upon completion of notarisation however we will not release any documents until payment is received in full.

6. TIME CHARGE:

This includes all work undertaken on your matter from start to finish including but not limited to, preliminary details and advice, preparation, attendances, drafting, phone calls, correspondence including e-mails, copying documents and the completion of our register and protocol. Letters, e-mails and phone calls are charged at a minimum of six-minute units or otherwise at the time taken.

7. PREPARATION:

This includes but is not limited to, checking and dealing with any documents presented by you, any instructions accompanying the documents, consideration and drafting of documents before, during or after attendances, attending to any amendments or completing any blanks in the documents and binding the documents securely.

8. AI

Use of Technology, Devices and Artificial Intelligence
(1) To the extent that I use any automated decision-making technology, including artificial intelligence, in the course of my services, I do not rely upon the same without human intervention.(2) Before using any new technology including artificial intelligence, I carry out an appropriate risk assessment to ensure that your rights are not adversely affected by the same.

9. OUR RESPONSIBILITIES:

We have to be satisfied as to your identity, your legal capacity, your authority and your understanding and approval; in certain instances we may insist on obtaining further evidence such as a medical report to confirm your capacity and understanding. We shall try to ensure that the document, in the manner of its execution, its form and substance will achieve its purpose. We must be satisfied that it is your voluntary act and that no fraud, violence or duress is involved and that other stipulated formalities either under English or foreign law are observed. If we are not satisfied about any one of those things, we can refuse to undertake the matter.

10. LIABILITY:

We carry professional indemnity liability cover of £1,000,000 which is the level of cover specified by the Master of the Faculty of Notaries. That amount is the limit of the level of our liability to you or to others.

11. THE RELEVANT LAW:

The law which governs our contract with you is English law and it is agreed that any dispute relating to our services shall be resolved by the English courts.