FAQ's

Terms of Engagement

1. The Firm and our regulators

Saville Notaries LLP (the “Firm”) is a Limited Liability Partnership, registered with the Registrar of Companies for England and Wales under number OC420687, with VAT registration number GB 644 9714 10 and with registered office at One Carey Lane, London, EC2V 8AE, trading as Saville & Co. Scrivener Notaries. 

Notaries practising within the Firm are regulated by the Master of the Faculties (The Faculty Office, 1 The Sanctuary, Westminster, London SW1P 3JT; tel. 020 7222 5381) (the “Regulator”). Our practice is subject to Rules set by the Regulator governing all notaries in England and Wales, and a Code of Practice, which can be found at www.facultyoffice.org.uk/notary

2. Definitions

References to “we” or “us” in these terms of engagement means the Firm.  References to “you” mean the person, business or organisation instructing us and any successor in title.   References to “Partners” in these terms and on our website mean the Members of the LLP. The terms “personal data” and “data subject” are as defined in our Privacy Notice at http://www.savillenotaries.com/regulatory-matters.html.

3. Scope of application and deemed acceptance

These terms of engagement apply to all services provided to you by the Firm (the “Services”). These terms of engagement are published on our website at http://www.savillenotaries.com/regulatory-matters.html and will be brought to your attention by means of links provided in the footers of our emails or by any other appropriate means. By continuing to instruct us, you are deemed to have accepted these terms of engagement, unless varied by mutual agreement.

4. Responsibility for work

The Partners are ultimately responsible for the provision of the Services and the conduct of business, although other staff will act on your instructions on a day-to-day basis.

What you should expect from us:

  • if you are a new client, to be advised of the cost and the likely time scale for the work as soon as it is clear what is needed;

  • if you are an existing client and are already familiar with the level of our fees, or if you have already been advised of these, to be informed of any change to these so that you can approve this before proceeding further;

  • to be informed which notary will be responsible for your matter and who is assisting him/her.

What we should expect from you:

  • to provide us with clear instructions;

  • to give us full and accurate information sufficient to enable us to carry out your instructions;

  • to provide us with the supporting evidence we need to provide the Services, including proofs of identity and (if relevant) your authority to sign on behalf of a company or other entity.

5. Legalisation

We frequently arrange for the legalisation of documents on behalf of clients. Government, consular and diplomatic offices are often indifferent to commercial pressures and cases of loss, delay or refusal to act are not unknown. Although we will make reasonable efforts to carry out your instructions and to keep you informed, we cannot accept liability for the acts or omissions of external offices and bodies.

6. Fees and payment

 

 

6.1  Our fees are calculated using our own scale. The nature of our work means that there are several variables that can affect the cost.  We will gladly inform you on request of the basis on which our fees are charged.  Except on a few larger matters, these are based on what we certify (including the number and nature of the documents involved) and other Services provided; our fees are not normally based on an hourly rate.

6.2  On occasion we may agree to a fixed price for certain work for carrying out certain Services. However, we reserve the right to apply additional charges if we are required to carry out extra work or if the matter proves to be unusually difficult or complex.

6.3  Our fees will accrue from the point at which you give us clear instructions to proceed. If you terminate our instructions before the work is completed, we will charge you a fair proportionate amount for any work that has been carried out, including any disbursements that we have paid on your behalf.

6.4  Fees and costs are subject to VAT at the relevant current rate.

6.5  If we invoice you for the work, our terms for payment of invoices are that they be settled within 30 days of the date of the invoice unless agreed otherwise in writing. Should settlement not be forthcoming 30 days after the date of issue of the invoice, we reserve the right to charge interest at 8% per annum above the base lending rate of our clearing bankers accruing on a daily basis on all sums outstanding from the date of the issue of the invoice until payment in full.  We also reserve the right to suspend or terminate our services if any sum is overdue from you.

6.6  We expect private clients to settle our fees prior to completion of the work.

6.7  If you instruct us to act but expect a third party ultimately to bear the costs, we may address our invoice to you as the party instructing us and you will, in any event, be responsible for the prompt payment of our fees in accordance with these terms of engagement.  Whether or not we accept that any third party will pay any part of our invoices, we will not assume any contractual responsibility to them, unless we expressly agree to do so. If you do not wish to incur this liability, you must ensure that we are instructed directly by the third party and that such third party provides us with any due diligence information that we may require.

6.8  There are circumstances where we are entitled to retain property which belongs to you.  This right of lien may be exercised by us at any time while fees or expenses are unpaid.

6.9  If you will require any action from our side in order for an invoice to be processed and paid, please let us know at the point when you instruct us or as soon as practicable afterwards. We shall endeavour to meet such requests but if they are onerous in terms of time or potential liability we reserve the right to charge reasonable additional fees.  In any event, the completion or otherwise of such procedures has no effect on your contractual obligation to pay for services that we have otherwise rendered within these terms of engagement.

7. Place of business; applicable law and jurisdiction

We are a firm of notaries with an office in London. Our notaries are admitted to practise anywhere within, but not outside, England and Wales. All our Services are therefore carried out in England. If we address our invoice overseas, we expect such fees and costs to be paid in full without deduction of withholding or other taxes. 

The contractual relationship that arises when you instruct us shall be governed by the law of England and Wales. In the event of a dispute, the courts of England and Wales shall have exclusive jurisdiction. 

8. Third party rights

No third party shall have any right to enforce or rely on any provision pursuant to the Contracts (Rights of Third Parties) Act 1999.  The notification or consent of third parties shall not be required in order to rescind or vary our contract with you.

9. Assignment

We may assign the performance and benefit of our contract with you to any person who continues all or part of our business. Subject to this, neither you nor we have the right to assign the performance and benefit of our contract with you without the written consent of the other.

10. Exclusions and limitations of liability

10.1   The contract you make is with the Firm. You agree to pursue only the Firm for any claim in connection with our Services, and you will not bring any claim, howsoever arising, against any of our individual employees, consultants or partners personally in respect of losses which you suffer or incur, howsoever arising, in connection with our Services. This does not limit or exclude our liability for the acts or omissions of our employees, consultants or partners. 

10.2   You agree that our aggregate liability towards you for claims in connection with our Services, howsoever arising, shall be limited to £1 million in total per engagement or, if greater, the amount recoverable under our professional indemnity insurance. The aggregate liability of the firm, its employees, consultants and partners collectively shall not exceed the aggregate liability of the Firm alone.

10.3   Rights as a consumer as defined in the Unfair Terms in Consumer Contracts Regulations 1999 shall not be adversely affected by these terms to the extent prohibited by those Regulations. 

10.4   Nothing in these terms affects our liability for fraud or otherwise to the extent prohibited by law

11. Anti-Money Laundering, Data Protection, Confidentiality and Record-keeping

We owe a general duty of confidentiality to all our clients. We also have strict obligations relating to record-keeping, anti-money laundering and data protection, some of which can be over-riding.

We shall comply with our obligations under current Anti-Money Laundering legislation and guidance, the Rules as prescribed by the Regulator from time to time, the Data Protection Act 1998 and the General Data Protection Regulation (GDPR) (EU) 2016/679. 

The Firm is registered as a data controller with the Information Commissioner’s Office under registration number ZA349711.

When providing us with personal data, you warrant to us on a continuous basis that: 

  • 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;

  • to the extent this is required in connection with the Services, such personal data is accurate, complete and up to date; and

  • 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 if applicable, 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.

Please refer to our Privacy Notice below for more information on the ways in which we collect and control data.

12. Complaints

We are confident that we will provide you with a satisfactory service, but should you wish to complain, please refer to our Complaints Procedure below.

13. Severance of terms

Should any provision of these terms of engagement be held to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected.

 

Complaints Procedure

At Saville Notaries LLP, we are confident that we will provide you with the best service that we can offer. However, if you feel that you have grounds for complaint and wish to complain formally then you can do so using the procedure outlined below.

1. If you are dissatisfied about the service you have received please do not hesitate to contact a partner of the Firm in the first instance.

2. If we are unable to resolve the matter you may then complain to The Scriveners Company, which has a role in the regulation of Scrivener Notaries. Please write (but do not enclose any original documents) with full details of your complaint to the following address:

The Clerk,
The Scriveners Company,
HQS Wellington,
Temple Stairs,
Victoria Embankment,
London WC2R 2PN

or by e-mail to: clerk@scriveners.org.uk

The Company will arrange for your complaint to be considered by a panel of 3 individuals who will be independent of the Scrivener Notary against whom the complaint has been made. The procedure is free to use and is designed to provide a quick resolution to any dispute.

If you have any difficulty making a complaint in writing, please do not hesitate to telephone the Clerk of the Company for assistance on 020 7240 0529.

3. Finally, even if you have your complaint considered under the Scriveners Company's Complaints Procedure, you may at the end of that procedure or after a period of eight weeks from the date you first notified a partner of the Firm that you were dissatisfied, make your complaint to the Legal Ombudsman, if you are not happy with the result:

Legal Ombudsman
PO Box 6806,
Wolverhampton,
WV1 9WJ
Tel : 0300 555 0333

Email: enquiries@legalombudsman.org.uk
Website: www.legalombudsman.org.uk

4. If you decide to make a complaint to the Legal Ombudsman, you must refer your matter to the Legal Ombudsman within six months from the conclusion of the complaint process.

 

Privacy Notice

SAVILLE NOTARIES LLP is a limited liability partnership registered in England and Wales with registration number OC420687 and with registered office at One Carey Lane, London, EC2V 8AE, trading as Saville & Co. Scrivener Notaries (“Saville Notaries”). Saville Notaries is registered as a data controller with the Information Commissioner’s Office under registration number ZA349711.

Saville Notaries is committed to complying with the principles set out in the General Data Protection Regulation (GDPR) (EU) 2016/679 (“GDPR”).

This policy describes what we do with personal data we collect from you and the ways in which we may collect that information.

If you have any questions about this policy, please contact us by email.

We may collect information from you when you request information from us or engage our notarial or other services (“Services”), through your use of our website or as a result of your relationship with one or more of our clients. 

By using any of our Services including our website and by providing us with any personal data, you are consenting to the use of that personal data as set out in this policy.  Please do not send us any personal data if you do not want your personal data to be used in this way.

Personal data means any information relating to an identified or identifiable natural person, known as ‘data subject’, which can be identified directly or indirectly; it may include name, address, email address, phone number, IP address, location data, cookies and similar information. It may also include “special categories of personal data” such as racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a data subject, data concerning health or data concerning a natural person's sex life or sexual orientation. 

Saville Notaries may process personal data and special categories of personal data which you provide in connection with the Services about yourself and other data subjects, e.g. individuals whose details are included in any materials provided by you to Saville Notaries. We may also obtain information about you and other data subjects from third party service providers. If you use our online Services, Saville Notaries may collect information about your devices including clickstream data. 

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

  • where applicable, you are authorised to share such personal data with Saville Notaries in connection with the 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;
  • to the extent this is required in connection with the Services, such personal data is accurate, complete and up to date; and
  • 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 if applicable, 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. 

The provision of certain personal data is mandatory in order for Saville Notaries to comply with regulations prescribed by the regulator of the notarial profession in England and Wales, the Master of the Faculties of the Faculty Office of the Archbishop of Canterbury (the “Regulator”) and with client due diligence requirements and consequently to provide the Services. When providing Saville Notaries with such personal data, 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 in successfully completing the Services. 

Legal Grounds for processing data: 

The legal grounds on which Saville Notaries processes personal data are the following:

a) Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract;

- It is necessary for Saville Notaries to process data provided to it by its client or by a third party for the purpose of performing the notarial services it has been contracted to provide and the recording of such data is necessary to comply with the notarial rules and regulations prescribed by the Regulator.

b) Processing is necessary for compliance with a legal obligation;

- Saville Notaries is subject to rules made by the Regulator. These rules contain a duty to keep records of notarial acts.

c) Processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject;

- This legal ground may apply to the processing of the personal data of any third party data subjects whose personal data are provided to Saville Notaries by its client.

The personal data we collect from you may include a copy of your passport, driving licence or other identity document, personal details such as your full name, date and place of birth, address, email address and telephone number, tax code or marital status, as well as information relating to your business or employer.


What we use your personal information for:

  • To respond to your queries, requests and other communications;
  • To fulfil our legal and notarial obligations, including regulations regarding the identification of our clients, record-keeping and anti money-laundering measures.
  • To provide and improve our Services to you and to our clients.
  • To manage our relationship with you and our clients.
  • To provide and improve our website.
  • To compile anonymous statistics, for example, website usage statistics.
  • For other legitimate business purposes. 

Information collected through our website

There are facilities on our website which invite you to provide us with personal information, for example, the Contact Us email contact form.  The purpose of these facilities is to enable us to respond to your query and we only use your information for those purposes. We do not compile marketing lists. 

Cookie statement 

In order to collect the information including personal data as described in this Notice, we may use cookies and similar technology on our website. A cookie is a small piece of information which is sent to your browser and stored on your computer’s hard drive, mobile phone or other device. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. However, some of the Services offered through our website may not function properly if your cookies are disabled. 

Cookies can be first party or third party cookies. 

  • First party cookies – cookies that the website you are visiting places on your device.
  • Third party cookies – cookies placed on your device through the website but by third parties, such as, Google.

We use the following cookies on our website:

  • Strictly necessary cookies. These cookies are essential in order to enable you to move around our website and use its features. Without these cookies, Services you have asked for cannot be provided. They are deleted when you close the browser. These are first party cookies.
  • Performance cookies. These cookies collect information in an anonymous form about how visitors use our website. They allow us to recognise and count the number of visitors and to see how visitors move around the website when they are using it and the approximate regions that they are visiting from. These are first party cookies.
  • Functionality cookies. These cookies allow our website to remember choices you make (such as your user name, language or the region you are in, if applicable) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. These are first party cookies.

Cookie consent and opting out 

We assume that you are happy for us to place cookies on your device. Most Internet browsers automatically accept cookies. However, if you, or another user of your device, wish to withdraw your consent at any time, you have the ability to accept or decline cookies by modifying your browser settings. If you choose to decline cookies, you may not be able to fully experience the interactive features of our website, our platforms and Services. 

When you arrive on our website, a pop-up message will appear asking for your consent to place cookies on your device.  In order to provide your consent, please click ‘I understand’. Once your consent has been provided, this message will not appear again when you revisit.  If you, or another user of your device, wish to withdraw your consent at any time, you can do so by altering your browser settings otherwise we will assume that you are happy to receive cookies from our website. For more information please visit allaboutcookies.org and http://www.youronlinechoices.com/uk/

Protection of your information 

We apply the highest standard of security when it comes to hosting and protecting information.However, please be aware that the transmission of information via the internet is never completely secure. Whilst we can do our best to keep our own systems secure, we do not have full control over all processes involved in, for example, your use of our website or sending confidential materials to us via email, and we cannot therefore guarantee the security of your information transmitted to us on the web. Any emails we receive will however be treated by us as confidential vis-à-vis third parties.

Saville Notaries will keep all records as long as required by applicable law, rules or regulations or as may be necessary having regard to custom, practice or the nature of the documents concerned. For example, the Notaries Practice Rules 2014 prescribed by the Regulator require that notarial acts in the public form shall be preserved permanently. Records of acts not in public form shall be preserved for a minimum period of 12 years. At the end of this period, such records will be deleted.Personal data may for reasons of security and convenience be stored on remote data facilities but in an encrypted form. 

Disclosure of personal data 

There are circumstances where Saville Notaries may wish to disclose or is compelled to disclose your personal data to third parties. These scenarios include disclosure to: 

  • our suppliers and service providers to facilitate the provision of the Services, including couriers, translators, IT consultants and legalisation and other handling agents, webhosting providers, identity verification partners (in order to verify your identity against public databases), consultants, for example, in order to protect the security or integrity of our business, including our databases and systems and for business continuity reasons;
  • public authorities to carry out acts which are necessary in connection with the Services, such as the Foreign and Commonwealth Office;
  • foreign organisations to carry out acts which are necessary in connection with the Services, such as Embassies, Consulates and High Commissions;
  • professional organisations exercising certain public functions in relation to the notaries profession, such as Chambers of Commerce;
  • public authorities where we are required by law to do so; and
  • any other third party where you have provided your consent.

We will enter into appropriate non-disclosure agreements with all our suppliers and will require their confirmation that they are themselves GDPR-compliant.

International transfer of your personal data 

We may transfer your personal data to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes set out above. In particular, your personal data may be transferred to foreign organisations such as foreign Embassies located in the UK or abroad. Such organisations will process personal data in accordance with the laws to which they are subject and international treaties over which Saville Notaries has no control. 

If Saville Notaries transfers personal data to private organisations abroad, such as subcontractors, it will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means. You may contact us for a copy of such safeguards in these circumstances. 

We do not sell, rent, distribute or otherwise make personal data commercially available to any third party. 

Subject Access Requests (SAR)

Under the GDPR, you have the right of access to personal data which have been collected concerning you and to have it rectified or deleted.

A Subject Access Request can be made in any form. Saville Notaries will maintain a record of all SARs made.

On receipt of a SAR, one of the partners of Saville Notaries will record the date of the request and conduct a search of all our systems to identify and collect all relevant data held in relation to you. If the relevant documents also contain data relating to other data subjects, this will be redacted. Unless prevented by operation of law, Saville Notaries will release all the relevant data to you at no charge, within 30 days from the date of the request.

Please note that we have an overriding obligation to keep records in accordance with notarial regulations and anti money-laundering legislation. For more information please contact us by email

Transferring information when there is a change to our business

If in the future we re-organise or transfer all or part of our business we may need to transfer your information to new Saville Notaries entities or to third parties through which the business of Saville Notaries will be carried out.