Terms of Business and Compliance Procedure

 

These terms apply to all notarial services supplied by Edward Young Limited (incorporating Kober-Smith & Associates) Notary Public London (we) or (the firm) to you (the client)  unless otherwise agreed in writing.

  1. Liability

EXCLUSION OF LIABILITY FOR THE USA AND CANADA:  We do not accept any liability in relation to any claim started in the USA or Canada.  We do not accept any liability for any claim for loss or damage sustained or alleged to have been sustained in the USA, its territories and possessions or Canada.

Our liability to you, including all loss of profit or business arising out of any single claim, event or series of related claims or events (including claims based on negligence) shall not exceed £1,000,000.  It will normally be limited to an amount of 5 times the fee we have charged to you.  You agree to indemnify the Notary against any losses costs or claims made against the Notary.  No party other than you, the client, or ourselves will have any rights under these terms and conditions by virtue of any law or enactment.  

  1. Scope of our work

Unless we otherwise agree in writing we are only authenticating the fact that you have signed the document(s) i.e. your identity and capacity to sign. We are not advising you on the substance of the matter you have, whether that is, for example, the purchase of a property, the signing of a contract, the grant of a power of attorney. For that, you must have independent legal advice.  The Notary will affix his/her seal of office and signature at his/her sole discretion.  If the Notary prepares any documents, the information provided will be relied upon, if there are any errors or omissions in the information provided, the client is responsible for these.

  1. Due Diligence by us

We are required to get details of identity from you.  We are registered under the Data Protection Act. 
We will keep and use personal information provided by you strictly confidential.

  1. Arranging Legalisation

When arranging Legalisation for clients, we do not take responsibility for advising clients on Legalisation requirements.  We may offer guidance but clients should always ascertain legalisation requirements from the person or the organisation they are dealing with overseas.

  1. Arranging delivery

Documents, when ready, are made available for collection from our office.  On occasion we will arrange onward delivery and clients agree to place no responsibility on us for the completion of delivery.  Clients are advised to arrange their own delivery.

 Complaints procedure

Notaries Public are 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.  If you have any complaints about our work, please do not hesitate to contact us, and if the matter cannot be immediately resolved, we will refer you to the Notaries Society of which we are members.  The Notaries Society has a Complaints Procedure which is approved by the Faculty Office.  Please write (but do not enclose any original documents) with full details of your complaint to:  Secretary of The Notaries Society Old Church Chambers 23 Sandhill Road St James Northampton NN5 5LH 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 eight weeks from the date of making the complaint to us, make your complaint direct to the Legal Ombudsman (whose contact details are set out below) if the matter has not been resolved to your satisfaction:   Legal Ombudsman Baskerville House Centenary Square Broad Street Birmingham B1 2ND  Tel: 0300 555 0333  Email  enquiries@legalombudsman.org.uk

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