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Terms of Business
JOHN CRAGG M.A. (OXON)NOTARY PUBLICTERMS OF BUSINESS1. BASIS OF RETAINER - I contract only on the basis of these conditions.2. CHARGES AND DISBURSEMENTS - My charges are based on the time taken for the whole matter (including travelling time when the location of the appointment is outside my normal area for visiting clients, waiting time and the time needed to make the record) at the rate of £160 per hour (VAT is not charged at present). I have a minimum charge of £50. I also charge out of pocket expenses, for example fees payable to the Foreign Office, Embassies or agents dealing with the legalization of documents or postage or courier charges. My invoice is payable on presentation, and documents may not be released until it has been paid.3. CLIENT’S MONEY – If I am asked to hold 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 statutory obligations with regard to Money Laundering and related matters I reserve the right to ask for evidence of the source of any funds provided to me or involved in the transaction.4. VERIFICATION OF FACTS - Part of the Notary’s role is to check the facts in the documents he/she notarises for clients, which sometimes involves obtaining evidence or proof from sources independent of the client. In this I need the Client’s full co-operation. If I have to add disclaimers to the document to make it clear that there are facts which I have not been able to verify the document may become useless or of less benefit to the client and I will not accept liability if this is the case.5. CEASING TO ACT - In some circumstances, I may consider that I ought to stop acting for the Client, for example if the Client cannot give clear or proper instructions on how I am to proceed, I may decide to stop acting, but only with good reason, for example if the matter on which I am instructed involves fraud or violence, or if the Client does not pay an invoice.6. STORAGE OF DOCUMENTS - I will store without charge to the Client the original or an electronic copy of any notarial act in the “public” form as a permanent record. I will similarly store a copy of every notarial act in the “private” form for the minimum period required by the relevant Regulations (currently 12 years). I will not always keep a full copy of the Client’s own document but I reserve the right to do so.7. LIMITATION OF LIABILITY – I maintain professional indemnity insurance in the sum of £1,000,000. Save as may be provided by statute my liability to the Client for any loss, injury or damage of any nature whatsoever whether direct or consequential, including without limitation in respect of negligence or beach of my duty to the Client, 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.