Golden Cross House, 8 Duncannon Street, Charing Cross, London WC2N 4JF.
Registered in England and Wales under number 10557561.
VAT Registered Number 312 754 911.
TERMS AND CONDITIONS OF BUSINESS
1. General Terms
1.1. These terms and conditions of business are the Agreement between You (“the Client”) and Westminster Legalisation Services LTD (“the Company” or simply “WLS”) and all services and work are undertaken according to these terms.
1.2. In these terms and conditions of business, “the Client” shall mean any company, firm, organisation or private individual trading with the Company.
1.3. We provide legalisation services in the United Kingdom, Italy and Brazil, certification of documents by UK Notary Public or Solicitor for use in different jurisdictions, Italian Dual Citizenship Consultancy (as well as related services), such as drafting certain legal documents, certified translation, obtaining documents from Registry Offices in Italy and Brazil, etc. (“Services”)
1.4. Unless otherwise agreed by Westminster Legalisation Services LTD (“the Company”) in writing, these terms and conditions shall be construed in accordance with the laws of England and Wales and are in addition to your statutory rights.
2. Quote, Order and Payment
2.1. Quote: The Company will provide an itemised quotation by email upon request for any legalisation services requested. Unless otherwise stated, the quote is fully inclusive of all Foreign Office and Consulate disbursements and VAT. In the rare event of the Foreign Office or a Consulate increasing their fees after the Client has accepted a quote from the Company, the Company will request the difference in fees from the Client. The Client is liable for the altered fees.
2.2. Accepting your Order: Upon acceptance of the quote, the Client will receive an invoice for remittance on receipt before start processing the documentation.
2.3. Paying for your Order: Bank transfer (BACS / CHAPS), cash, card and cheque payments are accepted at the discretion of the Company. Where the Company receives a cheque or bank transfer in advance for services, the Company reserves the right to wait until the funds have cleared before proceeding to provide the services.
2.4. Statutory interest is applicable to late payments for services and disbursements. If invoices which are overdue by more than 30 days are not settled upon written notice given by the Company within a specified date, the Company has the right to issue a new invoice including statutory interest for immediate remittance.
2.5. Where the Client wishes to terminate a service once it has commenced, the Client is required to notify the Company immediately in writing and the Company may terminate it if the Client pay forthwith for all work done to that point and expenses the Company has already incurred, including postage return.
2.5.1. If the Client fails to pay the Company, or a cheque or other payment is dishonoured, the Company is entitled to cease work immediately on written notice to the Client without prejudice to the Company’s other rights.
3.1. For clients based outside London, the Company requires documents to be delivered to the Company’s offices by 11:00 am on the day the Order is due to commence for documents to be processed via Foreign Office in Milton Keynes and/or Consulates OR by 2:00 pm for documents to be processed via Foreign Office premium service in London. This will be known as the Order start date.
3.1.1. If documents are received after 11:00 am (for standard service) or 2:00 pm (for premium service), the time frame specified within the quotation is not guaranteed by the Company.
3.2. For Clients with offices in central London, the Company requires confirmation of Orders to be received by 9:00 am on the day the Order is due to commence for documents to be lodged with Consulates directly or by 10:00 am for documents to be processed via Foreign Office in Milton Keynes and 2:00 pm for documents to be processed via Foreign Office premium service in London.
3.3. The Company will complete and dispatch the legalised documents to the address specified by the Client within the Legalisation Instructions Form or deliver directly to the Client’s offices by courier within the time frame specified in the quotation.
4.1. The time frame for the Company to complete the Order excludes the time that the document is in transit with the third party courier/postal services on return back to the destination address. This does not form part of the services provided by the Company and The Company is not liable for any delays or misplacement caused by the third party (Royal Mail/DHL/DX).
5.1. Except for liability for death and personal injuries caused by our negligence and for fraudulent misrepresentation:
5.1.1. The Company’s liability to the Client is strictly limited to the fees the Client has paid for the services in question – not including disbursements; and
5.1.2. The Company does not accept any liability for consequential and indirect loss or damage, loss of profit, revenue, good will and loss of opportunity whether in contract or in tort.
5.2. To the fullest extent permissible by law, the Company exclude all terms implied by law under the Supply of Goods and Services Act 1982.
5.3. The Company does not accept any liability where the Client has incorrectly instructed the Company. It is the Client’s responsibility to check countries and names of territories very carefully indeed. The actual legalisation requirements can only, in fact, be agreed by the receiving party in the destination jurisdiction and, in case of failure of the receiving party in the jurisdiction to inform the Client on the correct and accurate requirements, the Company accepts no liability whatsoever for any failure.
5.4. The Company is not responsible for documents that are rejected by the Foreign Commonwealth Office or Consulate/Embassy although the Company does the best to ensure they are in an acceptable format. The Company reserves the right to charge an additional service fee if it is necessary to return the document to the Foreign Office or Consulate/Embassy with the amended document.
6. Foreign Commonwealth Office (FCO) and Consulates’ Delays
6.1. Although the Company endeavours to meet time deadlines agreed or indicated on our website or within the quote provided, time is not of the essence and the Company does not accept any liability arising from a failure to deliver services or documents within the turnaround time given. Where there is a delay in meeting a delivery date, the Company take reasonable steps to notify the Client of the reasons for the delay.
6.2. Where the Client has a particular deadline ensure that the Company is notified clearly in writing in order to use the Company’s reasonable endeavours to meet that deadline.
6.3. The Company cannot be responsible for any unforeseen delays at the Foreign Commonwealth Office or a Consulate however so caused.
6.3.1. Examples of such delays are, but are not limited to: overload of work at the FCO or Consulate, inability to legalise a document due to invalid or untraceable signature which has to be queried with the UK public official department (e.g. HMRC, Court, Medical Practitioner, ACRO Office, General Register Office), unforeseen FCO or Consulate closure due to national/cultural holiday observation, unavailability or shortage of attestation/legalisation stamps, inaccurate information received either by the Client or the Consulate on the legalisation process required, fault with the FCO or Consulate processing system.
6.3.2. Where a delay has occurred, the Company will inform the Client at the first available opportunity to advise on the new expected completion time. The Company does not provide any recompense in service fees paid.
6.4. Where the Company is told a collection date for legalisation services by a Consulate, this cannot be guaranteed that documents will be ready on the day the Company was told by them as the set deadlines are not always met by the Consulates/Embassies.
7. Confidentiality & Data Protection
7.1. The Company will keep your documents and information strictly confidential but may in the ordinary course of business disclose it to the Foreign Commonwealth Office, Consulates/Embassies, and the Company’s subcontractors and agents in order to perform the services. The Company may also disclose information where required to do so by law, where already in the Company’s possession prior to our undertaking work for the Client or obtained from another source or where disclosure is to the Company’s advisers under conditions of confidentiality.
7.2. The Client should ensure, before providing any documents or information to the Company, that they have legal right to do so under intellectual property law, confidentiality and contractual obligations and data protection legislation. The Client will full indemnify and hold the Company harmless against all loss and liability arising from breach of this provision.
7.3. “Personal Data” means any information relating to an identified or identifiable natural person (the “Data Subject”), who 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 Data Subject’s sex life or sexual orientation.
7.4. The Company may process Personal Data and Special Categories of Personal Data that you provide in connection with the services about yourself and other Data Subjects. The Company may obtain information about you and other Data Subjects from third party service providers, such as due-diligence platforms.
7.5. The provision of certain Personal Data is mandatory in order for the Company to comply with mandatory client due diligence requirements and, consequently, to provide the Services. 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 to succesfully completing the Services.
7.6. The Company will only process Personal Data, in accordance with applicable law, for (i) responding to your enquiries, requests and other communications; (ii) providing the Services, including where applicable, procuring acts from foreign organisations; (iii) enabling suppliers and service providers to carry out certain functions on behalf of the Company in order to provide the services, including webhosting, data storage, identity verification, technical, logistical, courier or other functions, as applicable; (iv) sending you personalised marketing communications requested by you, you have the right to unsubscribe by notifying the Company in writing; (v) ensuring the security of the Company and preventing or detecting fraud; (vi) developing and improving our Services; and (vii) complying with applicable law, guidelines and regulations or in response to a lawful request from a court or regulatory body.
7.7. There are circumstances where the Company may wish to disclose, or is compelled to disclose, your Personal Data to third parties. These scenarios include disclosure to:
·our associated offices;
·our suppliers and service providers to facilitate the provision of the Services, including couriers, translators, IT consultants and subcontractors and web hosting providers;
·public authorities to carry out acts that are necessary in connection with the Services, such as the UK Foreign Commonwealth Office, ACRO Criminal Records Office, or where we are required by law to do so;
·foreign organisations to carry out acts which are necessary in connection with the Services, such as consulates, embassies, high commissions, the Italian “Ministero dell’Interno”, the Brazilian Ministry of Foreign Affairs and Federal Police Department;
·subject to your consent, our marketing department, to deliver personalised advertisements or contact you by post or email, or by other means;
·successor or partner legal entities, on a temporary or permanent basis, for the purposes of a collaboration, financing sale, merger, reorganisation, change of legal form, dissolution or similar event relating to the Company. In the case of a merger or sale, your Personal Data will be permanently transferred to a successor company.
7.8. We may transfer your Personal Data to a third party in countries outside the country in which your Personal Data 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 embassies located in the United Kingdom or abroad. Such organisations will process the Personal Data in accordance with the laws to which they are subject and international treaties over which the Company has no control. By providing us with your Personal Data, you expressly consent to such transmission.
7.8.1. If the Company transfers Personal Data to private or 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.
7.9. Your Personal Data will be retained for as long as is reasonably necessary for the purposes listed above or as required by the law. For reasons of security and convenience, we may choose to store Personal Data on remote data facilities but in an encrypted form.
7.9.1. The Company may not retain full copies of processed documents, except in cases where the Company is required to do so by the Client in writing. All copies are sent to the Client and deleted from our server within 90 days once the Service is completed.
7.10. With exception of situations listed above or as required or allowed by law or other regulation, we will not pass, disclose, rent or sell your personal or your subjects’ personal information (other than any personal information which is already publicly available) to any third party without your prior consent.
8.1. The Company will take all reasonable steps to ensure the accurate and efficient processing of the Client’s Order and that the Order is processed in accordance with the quote and the Client’s instructions received by email or text.
8.2. No warranty or liability is accepted by the Company, its staff or agents in relation to services provided, impartial advice or information given to the Client. Impartial advice or information provided to the Client by the Company is not legally binding and is not intended to be construed as legal advice and the Company is not liable for losses or damages to the Client, nor money, valuables or loss of business, however so caused.
8.3. Nothing in these terms shall give any third party an enforceable right whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
8.4. The Company shall not be liable for any breach of these terms and conditions of business or failure to perform the services caused by reasons of force majeure including without limitation Act of God, fire, flood, failure by subcontractors outside of our control, strikes, war, terrorism, failures in electricity or other power or telephone supplies or any other circumstance beyond our reasonable control.
8.5. If the Client has any complaints about the services provided by the Company, please provide them in writing to the Company’s Managing Director directly by email EMERSON@WLEGALISATION.CO.UK for resolution.