Terms of Service

Section 1

Introduction

Welcome to The Notary Public. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our services.

Section 2

About Our Services

The Notary Public is a platform powered by Spence Attorneys that connects members of the public with qualified Notaries Public admitted by the High Court of South Africa. Notarial services are generally provided by Spence Attorneys and may, at our discretion, be outsourced to notaries on our panel, or a client may be referred to an external notary.

Section 3

Service Delivery and Indemnity

Please note the following regarding the provision of notarial services:

1. Notarial services are generally provided by Spence Attorneys.
2. Work may be outsourced to notaries on our panel at our discretion.
3. Alternatively, clients may be referred to an external notary at our discretion.
4. Where work is performed by a notary employed by Spence Attorneys, the client indemnifies Spence Attorneys accordingly.
5. We make no warranties or representations other than that the notary performing the work is duly admitted by the High Court of South Africa.
6. Professional fees are determined by Spence Attorneys or the individual notary or firm handling your matter.
7. All notaries in our network are admitted by the High Court of South Africa.

Section 4

User Responsibilities

When using our platform, you agree to:

1. Provide accurate and complete information in all forms and communications.
2. Not misrepresent your identity or the nature of your enquiry.
3. Use the platform only for lawful purposes.
4. Not attempt to interfere with the proper functioning of the website.
5. Respect the intellectual property rights of The Notary Public and third parties.

Section 5

Quotes, Fees and Independent Pricing

Quote requests submitted through our platform are indicative enquiries only. Final fees will be confirmed by the notary or law firm handling your matter. Fees may vary based on the complexity of your matter, urgency, and other factors. All fees quoted exclude VAT unless otherwise stated.

Each notary or law firm on our platform is an independent practitioner and determines their own professional fees at their sole discretion. The Notary Public does not set, fix, recommend, or coordinate pricing between notaries or firms. Fees charged by one notary or firm may differ from those charged by another for the same or similar services.

Any indicative pricing, estimates, or fee ranges displayed on this platform are provided for general guidance only and do not constitute a fixed or recommended fee. They do not bind any notary or firm to charge those amounts. The handling notary or firm retains full authority to determine the final fee for any matter.

The Notary Public operates in compliance with the Competition Act 89 of 1998 and does not engage in or facilitate any form of price-fixing, market allocation, or other anti-competitive practices between independent practitioners on the platform.

Section 6

Consultation Fees, Refunds and Trust Funds

Consultations booked and paid for through our platform are non-refundable. Payment of the consultation fee is applied towards the mandatory file opening fee, postage and petties, FICA compliance costs, and preliminary administrative disbursements incurred in preparing for your matter.

By booking and paying for a consultation, you acknowledge and accept that these costs are incurred immediately upon booking and cannot be reversed, regardless of whether the consultation proceeds or not.

All funds received are held in the attorneys' trust account. Funds held on trust will only be transferred and applied against a fee account once a formal invoice has been raised by the handling attorney or notary.

In the event that your matter does not proceed beyond the initial consultation, the consultation fee remains non-refundable as it has been allocated to the costs described above. Any additional funds held on trust that have not been invoiced will be refunded to the client.

Section 7

Intellectual Property

All content on this website, including text, graphics, logos, and software, is the property of The Notary Public or its content suppliers and is protected by South African and international intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

Section 8

Disclaimer of Warranties

The information provided on this website is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy of information, we make no warranties or representations about the completeness, accuracy, or suitability of any information on this site. You should consult with a qualified legal professional for advice specific to your circumstances.

Section 9

Limitation of Liability

To the fullest extent permitted by law, The Notary Public shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the platform. Our liability is limited to the amount paid by you, if any, for services accessed through our platform.

Section 10

Indemnification

You agree to indemnify and hold harmless The Notary Public, its operators, and affiliates from any claims, damages, losses, or expenses arising from your use of the platform or violation of these Terms.

Section 11

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the South African courts.

Section 12

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this page. Your continued use of the platform after changes constitutes acceptance of the modified Terms.

Section 13

Contact Us

For questions about these Terms of Service, please contact us at:

Email

info@spencelaw.co.za

Phone

021 532 9224

The Notary Public is powered by Spence Attorneys.