Terms of Business

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1. Instructions

Clients are asked to supply us with clear instructions, including all relevant background information, at the outset and as the matter continues. Company clients should nominate one individual who is authorized to give instructions on the company’s behalf in relation to each matter. Reference should be made to the Notarial Services section.

2. Basis of Charging

a. Certification:

S.N.	Particulars	Rate NRS	Remarks
1.	Signature certification		Each document
2.	New document preparation e.g. affidavit, self-declaration etc.		if Notary Public has to draft document

b. Translation and verification of official documents issued by government, constitutional bodies, legally registered entities:

S.N.	Particular	Unit / page	Rate NRS	Remarks
1.	Citizenship Certificate, Birth Certificate, Marriage Certificate, Death Certificate etc	Unit		Translation from Nepali to English
2.	Recommendation issued by local authorities	Unit		Translation from Nepali to English, (words less than 300).
3.	Legal documents issued by court, contract agreement, Tenancy agreement  etc	Page*		Translation from English to Nepali and vice-versa

* 14 point font in English and 1.5 line space

* 16 point font in Nepali and 1.5 line space

*  300 words in one page regarded as one full page document for the purpose of counting page.

C. Attestation of official documents issued by government, constitutional bodies, legally registered entities:

S.N.	Particulars	Application fee	Rate per page	Remarks
1.	Academic certificates to be submitted to academic institution			5 pages within application fee
2.	Non-academic documents			5 pages within application fee

For other documents than mentioned above, fees are assessed mainly by reference to the time spent on the matter, on the basis of an hourly charging rate. Details of the hourly rates applicable to any particular matter are available on request. Rates are reviewed from time to time.

The fees mentioned above are stipulated by the Notary Public Rules 2007.  Our fees may also include an additional element reflecting other factors including value, importance, urgency, complexity or special skills.

If instructions are terminated for any reason, a charge will be made for all work carried out to date. Separate charges are made for any disbursements or expenses incurred on behalf of clients.  Costs include preparatory and drafting work, correspondence and attendances.

There is a minimum fee per instruction of RS. 1,000.00

3. Estimates

Except in the most routine cases, it is difficult to estimate how many hours of work will be required to complete a matter, bearing in mind the variety of circumstances that may arise. However, guidance as to likely costs will be given, where possible, on request. Any estimates given will be based on the information available to the firm at the time and, although given in good faith, will not be binding. Variations in the instructions given, including requests for additional work or unexpected developments and/or inexperience, incompetence or lack of co-operation on the part of other parties or their advisers may increase costs.

4.  Process

A person/organization wish to get document certified, or get documents officially translated or get copy of original paper/certificates attested, shall have to present in person to the Notary Public along with proof of identity and apply to the Notary Public.  Application forms are available in Notary Public office.  Once application is received, the Notary Public checks authenticity of the documents/paper and record into Notary Public Register.

The application and copies of notarized documents shall be kept confidential and secure for five years as per Notary Public Act, 2007.

Interval meeting:

• Translation of books, reports, strategic plan, activity plan or other such document translation may require checking the first draft to ensure terminology, local language (colloquial language) or organizational words are used / translated properly. So both, the client and translator need to set up a meeting.
• If so desired, then applicant needs to present in Notary office and can check/review and suggest editing the draft.
• Once draft translation is submitted, editing maybe done within 7 days. After the said period, the customer is solely responsible for finalizing the translation.
• The Notary Public may not take responsibility of documents after 7 days of the completion of work.
• Client must inform at the time of completing application whether it requires electronic copy of translated documents (normally electronic copy is available only for unofficial translation of books, reports etc, not of other authentic documents)

5.  Mode of payment:

• Fees are normally due for settlement on completion of work and prior to release of completed documentation.
• Applicant needs to deposit Fifty percent of sum of total cost along with an application.
• Invoices are delivered where required for work carried out, expenses incurred and disbursements made during the conduct of a matter.
• Invoices must be settled within 7 days or, if requested, immediately if further work on the matter is required. Any queries concerning an invoice should be raised immediately upon receipt.
• In the event of payment not being made as requested, we reserve the right to decline to act any further on behalf of the client and/or to exercise a lien on any papers or documents of the client which are in our possession, until payment has been made.
• Registered members may not require to deposit advance payment.
• Registered member enjoy considerable discount on the rate mentioned above.

6. Termination of retainer

The client may terminate instructions to the Notary Public Office in writing at any time. In the event of payment not being made for an invoice or on account as requested, or in the event of the client’s insolvency or if a conflict of interest becomes apparent or if the client fails to instruct the firm properly, the Notary Public may decline to act any further. The Notary Public may exercise the lien, where applicable, that arises on any papers, documents, money or securities of the client which are in the firm’s possession until payment for any outstanding charges has been made.

7. Liability for Payment

Where a client requests that an invoice is to be paid by a third party on behalf of a client and such third party does not pay the invoice within 7 days of issue of invoice the instructing client will immediately be liable to discharge that invoice.

Where the firm accepts instructions from a limited company, the firm may require personal guarantees in relation to its fees and disbursements from appropriate directors or shareholders (or other individuals or companies) at any stage in the transaction or proceedings unless the company has deposited sufficient funds in advance as described in 5 above. Where the person instructing the firm does so on behalf of two or more persons, each of those persons shall be jointly and severally liable to the firm for the obligations on the client imposed by these terms.

8. Quality of Service

It is our aim to provide a good service to clients. Any client who has cause for dissatisfaction or complaint should immediately notify Kamal B Khadka.

9. Data Protection

The firm complies with the prevailing laws of Nepal for maintaining record. Clients’ personal data may be used and disclosed by the Notary Public Office as per the prevailing laws of Nepal. The office is required to maintain personal data for regulatory purpose.  Also, the Notary Public is required to submit annual report to the Nepal Notary Public council and relevant District Court.  The report includes personal information and type of service obtained.

10. E-mail

It is the policy of the office to use e-mail wherever possible. Where a client has provided us with an e-mail address, e.g., by sending the firm an e-mail, the office will assume that it may use that address for the sending of unencrypted sensitive or confidential correspondence or documents to the client. We may also, during the course of a matter, send unencrypted sensitive or confidential information to other persons involved, unless specifically requested by them or the client not to do so. All e-mails sent by the firm and attachments thereto should be scanned for viruses by the recipient.

11.    Professional indemnity, limitations on liability

    11.1  No liability for loss (including, but not limited to, damages, costs and interest) to clients or other parties, whether in contract, tort (including negligence) or otherwise will be accepted by the Notary Public Office, its partners or staff in relation to any matter in the absence of specific written agreement to the contrary referring to this term and signed by Kamal B Khadka in excess of the lower of the sum of NRS 50,000.00

    11.2  No liability whatsoever will be accepted on the part of the office, its partners, agents or staff in relation to any loss, damage or liability whatsoever caused directly or indirectly to any party other than the client for whom the office has agreed to act in connection with the relevant matter. No third party shall have any right to enforce any contract by the office to provide advice or services or to rely upon any advice given or opinion expressed by or on behalf of the office. The application of any legislation conferring on third parties contractual or other rights, including the Nepal Contract Act 2056 B.S. shall be excluded insofar as permitted by law.

    11.3  In any event, no liability whatsoever will be accepted on the part of the office, its principal or staff where such liability either arises from any instructions or information given by the client or by any third party being incomplete, inaccurate or incorrect; or where such liability is for any indirect, economic or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever or howsoever caused which arise out of or in connection with the services provided by the office or for loss of profit, loss of business, loss of data, depletion of goodwill or loss occurring in the normal course of business or otherwise.

These limitations will apply notwithstanding any express or implied term of business or any collateral agreement or warranty, whether express or implied.

12. Force majeure

The office will not be liable for any loss or damage arising as a direct or indirect result of the supply of services being prevented, hindered, delayed or rendered uneconomic by reason of circumstances beyond the office’s control, including but not limited to war, riot, strike, lock out, trade dispute or labour disturbance, accident, breakdown of machinery, fire, flood, storm or difficulty or increased expense in obtaining information or services of any description.

13. Jurisdiction

Nepalese law shall be the applicable law and the Nepali courts shall have sole jurisdiction in the case of any dispute. If any provision of these terms is held by any court or other competent authority to be void or unenforceable in whole or part, these terms shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.

14. Confidentiality

We attach great importance to dealing with clients’ affairs in strict confidence. However, some files may occasionally be made available on a confidential basis to the professional regulating body Notary Public Council official in connection to ensure good practice and conduct.

15. Legal advice

Kindly refer to legal service.