The Contract and the Services: 

These terms of business, together with the terms of any written quotation/estimate (or any service agreement) we provide to you, together form the contract between you and Graham Bruce Oglethorpe (‘the Contract’).   They apply to all services (“Services”) provided to you, the client, who may be named in our written quotation (or any service agreement) (“you”), by GBO Notary Public (the Notary Practice) (“we”, “us”).

Our acceptance of your instruction in any matter/transaction will take place when we confirm acceptance to you in writing or commence work on the Services, whichever is sooner.  The Contract will at that point be formed between you and us and we will begin the Services on the date agreed with you. Any timescale for the Services is, unless otherwise expressed, an estimate only. If we are unable to accept your instruction, we will inform you of this and will not charge you for any service.

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​The Contract shall include the following terms of business:

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​Fees:

​1. Our Fee (which is not subject to VAT) for providing the Services:

Your agreement to one of the following is required prior to the formation of the Contract:

a) A fixed fee for simpler matters for notarisation only to include disbursements.  This is based upon how long we think the instruction will take to conduct and a quarterly hour rate of £75.00 ('Quote') which is our minimum fee. 

or

b) A fee for notarisation only based upon an hourly rate of £300.00 plus disbursements - for more complicated or time-consuming matters ('Estimate').

• The fee is calculated to include time spent on preliminary advice, drafting and preparation time, making and receiving telephone calls, correspondence written and received in all formats and record keeping.  

• Time and expense in travelling to and from an appointment will not, automatically, incur an additional charge. For some periods of travel a charge may be agreed and incurred.

It is likely that minimum time spent for such matters will be one hour.

For both a) and b) if we arrange legalisation at the Foreign, Colonial & Development Office (FCDO) or legalisation followed by consular attestation we will charge a further fixed fee, in addition to the agents fee (see disbursements).​

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2. Disbursements:

These are incurred on your behalf as part of the service and are payable to third party providers.  Examples of these include:

• For many instructions,  the cost of a simple 'Know Your Client(KYC)/Client Due Diligence (CDD) online compliance check.  If our own initial risk assessment or the result of a simple check deems that an enhanced check is required then this will be undertaken.  Please see sections 5 and 6 in our ‘Identification’ section.  Currently we use Mobunti Limited (CRN 2892806) which complies with UK GDPR and the Data Protection Act 2018 (Terms of Use). A small cost is incurred per person and/or per company for simple due diligence with an additional cost if enhanced due diligence is required. Details of the relevant cost will be provided before agreeing an instruction. By agreeing to the Contract you consent to us providing the provider with your information and incurring this disbursement on your behalf. 

• Translation fees, Companies House fees, and charges by universities for verification.

• The cost of legalisation and consularisation.  This varies and is likely to include agent’s fees and postage to and from the legalising authority.  Please note that whilst any consulate fee will be provided to you in good faith, they can change their fees and procedures without notice.

• The cost of postage or courier when sending the notarised document to you or a third party.

​You will be the legal recipient of the third party services and the fee incurred is a disbursement and passed on at cost, with no uplift. We act solely as your agent in facilitating these services.

3. Revision of our fee and disbursements (where applicable) in the following situations:

• Occasionally unforeseen or unusual issues arise during the matter which may result in a revision of our fees and disbursements. 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 

• a reasonable sum to compensate us for any extra work that is required as a result of your failure to provide us with or tell us of necessary (change in) information as detailed in these Terms of Business. 

​​4. Payment on account:

You may be asked to pay in advance for any anticipated disbursements (and, in limited circumstances our notarial fee).  Please note that we do not operate a separate client account. Accordingly, all monies received are paid into our office account and are not held on trust or ring-fenced. Save, that where it has been agreed to pay our notarial fee in advance, monies may be used solely to settle disbursements on your behalf. By proceeding, you acknowledge and accept that such payments will not benefit from the protections associated with client accounts. However, we do have indemnity insurance in place for the practice as a whole.  If you prefer to pay disbursements directly to a third-party provider, this may be arranged depending upon the provider's terms of business. A receipted invoice will be provided for disbursements paid out (and any advance notarial fee).

5. Invoice and payment terms: the fee and disbursements (if any) will be sent to you by us in the form of an invoice which will include methods of payment. This will take into account any payment made in accordance with clause 4. above.

a) Payment is due when the notarial act has been completed.  Documents (including electronic versions) may be retained pending payment in full. If our invoice remains outstanding for more than 7 days, we reserve the right to:

• charge interest on the outstanding amount of our fee from the date of our invoice at 6% per annum above the Bank of England base rate from time to time and

• claim compensation  commensurate to the costs of debt recovery (including any third party collection  charges which can typically include a percentage of the amount of the debt).

​b) If you instruct us on behalf of a company, partnership or other entity and our invoice is addressed to that entity, you will be personally responsible for payment of our charges and disbursements if that entity does not pay us in accordance with these Terms of Business. 

c) If arrangements are made by you privately for a third party to pay our invoice you remain responsible for the payment to the extent that the third party does not pay our bill in full. ​​​

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​Other terms of business:

​​6. The Services and the Contract are performed solely under the laws of England & Wales.

7. Advice relating to:

a) the matter/transaction/requirements of the recipient.   We will advise you as to the formalities required for completing and, where applicable, signing or executing documents relating to the matter/transaction. However, we will not advise upon the matter/transaction itself and cannot guarantee that the notarised document is in an acceptable format for use in the relevant jurisdiction(s) by the ultimate recipient.

b) legalisation or legalisation followed by consular attestation for you.   If we arrange this, it is likely to be carried out using agents who will follow  procedures laid down by the FCDO and the particular consulate.  These are detailed on the FCDO website and, where applicable, on the website of the particular consulate.  The role of ourselves and the agents is limited to enabling the implementation of these procedures and our respective responsibilities do not go beyond this.  It is your duty to make the ultimate recipient aware of these procedures, directly or through your representatives, so that they know how legalised/consular attested documents are prepared and produced , including how they are formatted and laid out.

​8. Document preparation: If this is required as part of the matter/transaction, reliance is made on the information you provide. You are responsible for any errors and omissions in such information.

​9. Document witnessing: For a document which requires signing or executing by you as part of the matter/transaction:

• the notary will witness/attest your signature/execution and affix their seal of office at their sole discretion.

• you acknowledge that the notary is:

  • not giving you legal advice

  • acting as a witness only and a recorder of your instruction and

  • not a party to any transaction

• You confirm and verify that:

  • you have read and understood it

  • by signing/executing it you intend to give it legal effect (part of the notary’s role is to assess this at the time you sign) 

  • its text is true and authentic and is not (nor part of) a plan to conduct an illegal act against the laws of any country.

​​​10. Changes to the Services:

• Your instructions change - if the proposed change is feasible we will attempt to accommodate this but it may necessitate a revision of our fee/disbursements and proposed timescale.  

• Due to a change in relevant laws and regulations – if these mean undertaking the Services is seriously affected, you may end the Contract and receive a refund for any Services paid for but not received in accordance with clause 14.

• A delay/suspension may be agreed where this is feasible.  We may, also, need to impose this if there are technical problems in our system which are beyond our control.

​​11. Notarial Records and Data Protection: 

• On completion of the Services, an entry is made in a formal register/protocol, which is kept as a permanent record and includes a copy of the notarised document. 

• This practice is a 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. Please see our section: GDPR/Handling Data.

• Unless we agree otherwise, the copyright in the original materials which we generate to create the notarial records belongs to us. Subject to payment of our fees for that material, you are permitted to make use of those materials only for the purposes for which they are created.

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​​​12. Provisions contained in our website: The information contained in our page ‘What you need to provide/ID’ shall form a Term of Business.   Using the information provided, in the majority of instructions, we will undertake the CDD check referred to in clause 2, above.  We reserve the right to terminate the Contract if any such check is unsatisfactory, refused or cannot be carried out.  In such case, we are not allowed to justify our decision to you.

​​13.  General Circumstances beyond our control and Delay: where we have tried to work to a proposed timescale as part of your instruction:

• We shall not be in breach of the Contract, nor liable for delay in performing, or failure to perform, any of our obligations , if such delay or failure result from:

  • events, circumstances or causes beyond our reasonable control including those relating to legalisation of documents.  For example, government departments and consulates are often indifferent to commercial pressures and timescale.

  • your failure to provide us with the information we need within a reasonable time of us asking for it and/or you have failed to tell us of a change to your situation.

• We are not financially liable to you and you agree that we are not financially liable to you, for any delays or misplacement or loss during the delivery of items, that is caused wholly by third-party delivery agents and courier companies, otherwise reasonably engaged by us in good faith on your behalf, for the safe return of your items. 

​​14. Exclusions and limitations of liability:
Clauses 14.1 - 14.4 apply where you are acting in the course of business:
14.1 The contract you make is with us. You will not bring any claim against any of our individual employees, consultants or partners personally in respect of losses you suffer or incur in connection with our Services save that this will not limit or exclude our liability for their acts or omissions.
14.2 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.3 Subject to clause 14.2:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise (‘legal obligations’), for any: (i) loss of profit; or (ii) any indirect or consequential loss arising under or in connection with this contract; nor to any third parties seeking to rely on the Services carried out. This includes any losses resulting from your failure to obtain independent advice on the matter/transaction as referred to in clause 7.

(b) where the Contract is:
i) exclusively for Services which are translation services (so that we acting exclusively for you as a translation agent) or legalisation/consular attestation services (so that we acting exclusively for you as a legalisation enabler) our total liability to you in respect of all losses arising under or in connection with that contract, from legal obligations, shall not exceed 125% of the price of those Services in respect of which a claim has been made;

ii) for all other Services (and for all other liability we may have whether under the Contract or otherwise) our total liability to you in respect of all losses arising under or in connection with the Contract from legal obligations, shall noy exceed the greater of: (i) £1,000,000; or (ii) 125% of the price of the Services in respect of which a claim has been made.

14.4 If we engage third parties to advise you or act for you, we will not be liable in respect of any advice given or work undertaken by them (notwithstanding that such persons were introduced by us).

Clauses 14.5 - 14.7 apply where you are acting as a consumer.
14.5 Nothing in these terms will affect your legal rights which can be found on the Citizens Advice website - www.adviceguide.org.uk.  In summary:
a) The Services must be carried out with reasonable care and skill.
b) Our fee must be reasonable, if this has not been agreed in advance.
c) The timescale to complete the Services must be reasonable, if not agreed in advance.

14.6 If we fail to comply with the terms of the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable (it is not either obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen) nor to any third parties seeking to rely on the Services carried out nor to any losses resulting from your failure to obtain independent advice on the matter/transaction as referred to in clause 7.

14.7 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive services which are of satisfactory quality and supplied with reasonable
and care

14.8 We only supply the Services to you for private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

15. Insurance: Professional indemnity insurance is maintained with a UK-authorised insurer at a level of at least £1,000,000.00 for any one claim arising from professional negligence, breach of duty, breach of confidentiality, defamation, or unintentional infringement of intellectual property rights.

16. Termination of the Contract by you: Please see: the Regulatory Information section of our website - www.gbo-notary.co,uk including your statutory right to cancel. 

17. Termination of the Contract by the notary:  the notary has a right to do so if there is good reason.  For example, if you do not pay a bill or comply with a request for a payment on account or you fail to provide us with or tell us of necessary (change in) information as detailed in these Terms of Business or in the circumstances referred to in clause 10, above. 

18. Practice Regulation: This notarial practice is regulated through the Faculty Office of the Archbishop of Canterbury. For contact information, including where you are dissatisfied with the Services provided, please see the Regulatory Information section of our website - www.gbo-notary.co.uk.

​19. Confidentiality & Data Protection:
19.1 Any information we obtain from you while providing the Services which is not in the public domain will be treated as confidential.

19.2 In accordance with our professional rules, a copy of a notarial act or of the record of a notarial act retained by us may, upon payment of a reasonable fee, be issued upon the application in writing of any person or authority having a proper interest in the act. By instructing us you agree that you are providing informed consent to make this provision where required.
19.3 Any confidential information relating to us or the Services is provided solely to you. Disclosure of this, reference to us or to our advice in any public documents or communication shall only be done with our prior written consent.

19.4 You agree that we are authorised to disclose that you are our client.

19.5 We process your personal data in accordance with the Privacy Notice section of our website - www.gbo-notary.co.uk.  In order to fulfil the Services, it is likely to be necessary to disclose certain personal or transactional information to third parties, including foreign legal authorities, consulates, embassies, verification platforms, translation providers, or service agents involved in document authentication, legalisation, or delivery. Such disclosures will be limited to what is strictly necessary to complete the Services and will be made in accordance with applicable data protection laws and professional obligations. By instructing us, you acknowledge that such disclosures will be made where required for the proper execution of the Services.  

19.6 Clause 5 of our Privacy Notice is specifically included as a term of business.

​20. Use of Technology, Devices and Artificial Intelligence:

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

20.2 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.

21. These Terms of Business are governed by English law and the Courts of England have exclusive jurisdiction.

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