Terms of Business

4.1 We will need you to produce by way of formal identification the original of (in preferred order):

1. Your current passport (or, if not available);
2. A current new driving licence (with photo) or national identity card;

and

proof of address (this could be a utility bill, credit card, council tax bill, bank statement showing your current address which should not be more than 3 months old)

If neither of the above are available, at least two of the following:

1. A current government or police issue certificate bearing a photo or other formal means of identification;
2. A utility bill, credit card or bank statement showing your current address which should not be more than 3 months old or council tax bill;

You must also bring any other means of ID which may be referred to in the papers sent to you as being required such as a foreign Identity Card. We may also ask to see further evidence of identity such as marriage certificates etc and will advise you of this if necessary.

4.2 To enable us to provide you with a professional, efficient and high-quality service, we ask that you:

1. provide clear, complete and timely instructions;
2. ensure that all information supplied to us is accurate and complete, and promptly inform us of any material changes;
3. provide all documents and supporting evidence reasonably required for us to carry out your instructions; and
4. provide satisfactory evidence of your identity and, where you are acting for a company, organisation or another person, evidence of your authority to act or sign on their behalf.

4.3 Any delay in providing the information or documentation required may affect our ability to progress or complete your matter within the anticipated timeframe.

9.1 If the matter is simple we will endeavour to charge a fixed fee to include disbursements such as legalisation fees, postage, consular agent fees, courier fees, travelling expenses, translating costs and so on. We do not charge VAT.

9.2 For more complicated or time-consuming matters the fee will be based on an hourly rate of £180 subject to a minimum fee of £90, plus disbursements. The fee charged may include time spent on preliminary advice, drafting and preparation time, making and receiving telephone calls, correspondence written and received in all formats, arranging legalisation and record keeping.

9.3 Some documents require legalisation before they will be accepted for use in the receiving jurisdiction by obtaining an apostille through the UK Foreign Commonwealth & Development Office and, for some countries, additional legalisation is required through the relevant embassy or consulate.

9.4 Please note that if we have to make payments on your behalf such as legalisation fees, translator or interpreter fees, or other costs such as travelling expenses, your approval to these will be obtained and you are normally required to make payment in advance of any such amounts.

9.5 Payment can be made by cash, card, bank transfer or online. Payment of our fee and disbursements is due when the document has been prepared which we may retain pending payment in full.

9.6 My fees shall become payable in respect of work undertaken following receipt of your express instructions to proceed. Should you terminate or withdraw your instructions at any time prior to completion of the matter, we reserve the right to charge all reasonable fees for professional services performed up to the effective date of termination, calculated by reference to the work undertaken, together with all disbursements, expenses and third-party costs properly incurred or committed on your behalf.

9.7 For business clients, invoices are payable within 15 days of the invoice date. Where we are acting for a private client, all fees and associated costs must be paid in full before the work is completed.

9.8 Where you engage us in connection with a matter, you will remain primarily liable for our fees, charges, disbursements and other costs, notwithstanding any arrangement or expectation that another person or entity will meet some or all of those amounts. We may therefore issue our invoices directly to you, and payment will be due in accordance with these terms of business.

9.9 Any agreement by us to accept payment from a third party shall not, of itself, create a contractual relationship between us and that third party, nor shall it impose upon us any duty or liability towards them, unless expressly agreed by us in writing.

9.10 If you do not wish to assume responsibility for our fees and associated costs, the relevant third party must instruct us directly before we commence work. Any such engagement will be subject to our acceptance of their instructions and satisfactory completion of all applicable identification, verification, due diligence and other regulatory requirements.

9.11 Where any fees, disbursements or other sums due to us remain outstanding, we may be entitled to keep possession of documents, property or other items belonging to you until the amounts owed have been paid in full. This is known as a right of lien.

9.12 Where an invoice is issued to a client, company or other person outside the United Kingdom, all sums due to us must be paid in full. Payments are to be made without any deduction, set-off or withholding on account of taxes, duties or similar charges imposed in the country from which payment is made. Where any such deduction or withholding is required by applicable law, the amount payable shall, to the extent permitted by law, be increased so that we receive the full amount stated on our invoice.

9.13 Occasionally unforeseen or unusual issues arise during the course of the matter which may result in a revision of our fee estimate. Examples of this could include where additional documents are required to be notarised, additional translations or legalisations are needed to meet the requirements of the receiving jurisdiction, third party fees are adjusted to reflect external factors such as fuel price changes and so on. We will notify you of any changes in the fee estimate as soon as possible.

9.14 We are authorised to practise throughout England and Wales. Our professional services are accordingly provided and performed within the jurisdiction of England and Wales.

10.1 When we carry out our work for you, we are required to make an entry in a formal register, which is kept by us as a permanent record. We will retain a copy of the notarised documentation with that record. Our practice is registered with the Information Commissioner’s Office. Personal data received from clients is held securely and not capable of being accessed externally. Data collected as part of notarial records is used solely for the purposes of meeting our professional legal responsibilities as Notaries Public. For full details of our Privacy Policy and Data Processing Terms please see our website: www.castlewoodnotary.com.

10.2 The provision of certain personal data is mandatory in order for us to comply with mandatory client due diligence requirements and consequently to provide our services. You warrant on a continuous basis that such personal data is accurate, complete and up to date. Failure to comply may result in documents being rejected by the relevant certification authorities, held invalid in the destination country or other difficulty to successfully completing our services.

10.3 In relation to personal data of data subjects you warrant to us on a continuous basis that:

1. where applicable, you are authorised to share such personal data with us in connection with our services and that wherever another data subject is referred to, you have obtained the explicit and demonstrable consent from all relevant data subjects to the inclusion and use of any personal data concerning them;
2. to the extent this is required in connection with the services, such personal data is accurate, complete and up to date; and
3. either you provide your explicit consent and warrant that each data subject has provided explicit consent for the transfer of personal data to foreign organisations in connection with the services, or that an alternative legal gateway for such transfer (such as transfer necessary for the conclusion or performance of a contract concluded in the interest of the data subject) has been satisfied.

12.1 You may terminate your instructions to us at any time by giving us reasonable written notice. All fees and disbursements incurred up to the date of termination will be charged.

12.2 Where the Consumer Cooling Off Cancellation Period – Consumer Contracts Regulations 2013 apply (typically where you are an individual consumer and our contract with you was concluded either at or following a meeting with you or by a form of distance communication) you have a cancellation period of 14 days after the date you sign our retainer letter or the date on which you continue to give us instructions, whichever is earlier.

12.3 You can cancel your contract within the cancellation period by giving us a clear statement and we will reimburse all payments received from you by the same method that you used, at no cost to you, without undue delay, and not later than 14 days after the day on which you inform us of the cancellation.

12.4 If you ask us to begin work during the cancellation period, you can still cancel but you must pay us an amount in proportion to the work which we have performed and this proportion will not be reimbursed to you.

15.1 To the extent that we use any automated decision-making technology, including artificial intelligence, in the course of our services, we do not rely upon the same without human intervention.

15.2 Before using any new technology including artificial intelligence, we carry out an appropriate risk assessment to ensure that your rights are not adversely affected by the same.

17.1 Your engagement is with Castlewood Notary Ltd. You agree that any claim arising out of or in connection with the services provided to you will be brought against Castlewood Notary Ltd only and not personally against any of its employees, consultants or directors. Nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited. Our liability to you in respect of any loss arising out of or in connection with the services we provide is limited to the extent permitted by law and subject to the applicable limit of our professional indemnity insurance. By instructing us, you agree to this limitation of liability.

17.2 Our liability will be reduced to reflect the extent to which any loss or damage is caused or contributed to by you, or by any other professional or adviser whom you have instructed or consulted in connection with the matter. Where another professional or adviser is responsible for any part of the loss or damage, our liability will be limited to the amount that would reasonably reflect our share of responsibility, as if we had successfully obtained a contribution from that person under the Civil Liability (Contribution) Act 1978. In determining that share, no account will be taken of any limitation of liability agreed between you and that person. We will not, however, be required to bring or pursue any claim for contribution against them.

17.3 The Company provides its services solely for the benefit of the client whom it has agreed to act for in relation to the relevant matter. To the fullest extent permitted by law, neither the Company nor its directors, shareholders, notaries, agents or staff accepts any liability for any loss, damage or other liability suffered or incurred by any third party arising directly or indirectly from those services. No third party is entitled to rely on any advice, opinion or other service provided by or on behalf of the Company, or to enforce any term of the contract between the Company and the client. To the fullest extent permitted by law, the application of the Contracts (Rights of Third Parties) Act 1999, and any other legislation conferring contractual or similar rights on third parties, is excluded.

17.4 To the fullest extent permitted by law, neither the Company nor its directors, shareholders, notaries, agents or staff will be liable for any loss, damage, costs or expenses arising out of or in connection with:

1. any instructions, information or documentation provided by the client or any third party that are incomplete, inaccurate, incorrect or misleading;
2. any indirect or consequential loss or damage;
3. any loss of profit, business, revenue, opportunity, data or goodwill; or
4. any failure or delay in providing the services resulting from circumstances beyond the Company’s reasonable control, including any event of force majeure.

Nothing in this clause excludes or limits any liability that cannot lawfully be excluded or limited.

17.5 We shall not be liable for any failure or delay in providing our services to the extent that such failure or delay results from circumstances beyond our reasonable control. These may include, without limitation, industrial action (other than industrial action involving only our personnel), acts of God, war, civil disturbance, terrorism, theft, malicious damage (other than by our personnel), accidents, failure or breakdown of computers, machinery or other systems, extreme weather conditions, interruption of communications or utilities, and power failure. Nothing in these terms affects any rights or remedies available to you as a consumer which cannot lawfully be excluded, restricted or limited.

17.6 Any searches of the Register of Companies or other public registers or records undertaken by the Company will be carried out using appropriate available sources, including online services. To the fullest extent permitted by law, the Company will not be liable for any loss or damage arising from any error, omission, inaccuracy or outdated information contained in, or obtained from, such third-party registers, records or services.

17.7 The limitations and exclusions of liability set out in these terms will apply notwithstanding any other express or implied term, collateral agreement, representation or warranty, to the fullest extent permitted by law.