Associate Terms of Business

 

TERMS AND CONDITIONS OF BUSINESS

 

  1. THE ‘FIND MY NOTARY’ PLATFORM
    1. The website www.findmynotary.com (the “Site”) is operated by N Now Limited, a company limited by shares with company number 9482090 and registered office at 4 Tower Close, Berkhamsted, Hertfordshire, HP4 3NF, trading as findmyNotary (the “Platform”). A reference to “we” or “us” is a reference to N Now Limited and the Platform. A reference to “you” or “your” includes you and anyone who accesses or uses the Platform on your behalf and/or via any equipment you own and/or control.  
    2. These Terms of Use, together with our Acceptable Use Policy  https://findmynotary.co.uk/acceptable-use-policy/, Privacy Policy https://findmynotary.co.uk/privacy-policy/  Cookies Policy https://findmynotary.co.uk/cookie-policy/ and Accessibility Policy https://findmynotary.co.uk/accessibility-policy/ (together the “Terms”) govern your use of the Platform. By subscribing to the Platform you confirm your consent and agreement to the Terms. If there is any part of the Terms which you do not agree with then we will have to ask you not to use the Platform and not to subscribe for content offered via the Platform.
  1. YOUR PROFILE
    1. By subscribing to the Platform you can add to and/or modify information about your notary, legalisation or translation services (your “Services”) to build a profile (your “Profile”) and provide quotes for your Services (“Quotes”).
    2. You are solely responsible for the content, accuracy and completeness of any information you submit to us for your Profile and/or in any Quotes and agree it shall only contain information which is true, accurate and current. You also confirm you have all rights, entitlements and consents necessary to provide and use such content as part of your Profile in accordance with applicable law.
    3. We reserve the right to edit or remove any part of your Profile and/or any Quote which is in breach of any of the provisions of the Terms. We may also edit your profile to fix any typographical errors and/or make aesthetic changes which we determine may be beneficial for users of the Platform.
  2. REVIEWS
    1. You acknowledge and agree that users of the Site are able to post reviews regarding your services on your Profile (“Reviews”). You shall not modify, edit or remove any Review. You will have the opportunity to respond and/or reply to any Review via the Site.  Such reply must be fair, accurate and honest and reflect both the spirit and terms of the Acceptable Use Policy.
    2. If you believe any Review is illegal, offensive, inappropriate, breaches your rights or the rights of any person or organisation or breaches the provisions of the Terms, please let us know by contacting us as directed at info@findmynotary.co.uk. We will review any such notices and take such action as we, acting in our absolute discretion, determine is necessary or appropriate particularly taking into account the Acceptable Use Policy.
  3. FEES AND BENEFITS
    1. The basic fee for subscribing to the Platform (the “Basic Fee”) currently is:
  • £35 plus VAT per month for Notaries; and
  • £20 plus VAT per month for Legalisation Agents and Translation Agents.

 

      1. Subject to compliance with the Terms, payment of the Basic Fee shall permit you to:
  1. call yourself an “associate” and/or “proud Associate” of the Platform (an “Associate”);
  2. access and use the findmyNotary Proud Associate logo (the “Logo”) in accordance with the Licence;
  3. build/edit your Profile; and
  4. submit Quotes in accordance with Clause 2.

 

      1. Subject to compliance with the Terms and payment of the Basic Fee, we will endeavour to provide basic monthly analytics information to each Associate.  
    1. The premium fee for subscribing to the Platform (“Premium Fee”) is:
  • £250 plus VAT per month for Notaries; and
  • £150 plus VAT per month for Legalisation Agents and Translation Agents.

 

      1. Payment of the Premium Fee gives you the following additional benefits to those under the Basic Fee, subject to you meeting the requirements in these Terms:
  1. priority positioning in Associate listings, branded as ‘Premium Listing’;
  2. map view thumbnail branded as ‘Premium Listing’;
  3. priority for receiving the opportunity to provide Quotes in response to location specific general enquiries; and
  4. promotion of your business by the Platform through our social media channels operated from time to time.

 

    1. The fee for an advertisement subscription to the Platform (“Advertisement Fee”) is:
  • £750 plus VAT per month for Notaries;
  • £500 plus VAT per month for Legalisation Agents; and
  • £300 plus VAT per month for Translation Agents.

 

      1. Payment of the Advertisement Fee gives you the following additional benefits (as appropriate) to those under the Basic Fee and Premium Fee, subject to you meeting the requirements in these Terms:
  1. one of a maximum of 6 Notaries advertised in a rotating advert on the Site’s home page;
  2. one of a maximum of 4 Legalisation Agents advertised in a rotating advert on the Site’s Legalisation Search page;
  3. one of a maximum of 4 Translation Agents advertised in a rotating advert on the Site’s Translation Search page;
  4. advertisement by way of a rotating advert on such other Notary, Legalisation or Translation-related sites (as we shall decide in our discretion in consultation with you); and
  5. the option to produce a quarterly news article or vlog promoting your business to be included the news section of the Platform.

 

    1. The Basic Fee, Premium Fee and Homepage Advertisement Fee are payable monthly via the Platform.  This is a fundamental and ongoing obligation of these terms.
  1. PRICE GUARANTEE
    1. You warrant and represent all Quotes provided to us shall be clear, transparent, accurate, complete and up to date.
    2. You guarantee that both the information contained on the Platform and any Quote shall be exactly the same value as the fee on the corresponding final invoice (the “Price Guarantee”).     
  2. REQUIREMENTS FOR ASSOCIATES
    1. At the time of payment of the Fee, and for the duration of these Terms, all Associates warrant and represent they will:
  • continue to be a qualified Notary Public (if a Notary);
  • be a member of the Notaries Society (if a Notary);
  • commit to the Price Guarantee;
  • commit to and maintain minimum response time when responding to request for Quotes;
  • display the Logo and a hyperlink to the Site on the homepage of your Notary/Legalisation/Translation business website (in accordance with the provisions of Clause 10.2); and
  • have in place minimum professional indemnity insurance cover of £1 million.

 

    1. At the time of payment of the Fee, and for the duration of these terms, you hereby consent to us:
  • sending you news items, video blogs and other content relating to the Platform from time to time; and
  • using your Notary/Legalisation/Translation business name, logo, likeness and other content to market and promote your business via the Platform, social media and more generally.
  1. COMPLIANCE
    1. You are responsible for ensuring your own compliance with any laws, regulations or codes of conduct which may apply to you including but not limited to those set out by the Master of the Faculties.
    2. You acknowledge we are in no way responsible for:
  • The Services you deliver to consumers who cannot contact you via the Site.
  • Your on-going requirements to fulfil your legal and professional obligations.
  • Any actions or violations of consumers who contact you via the Site.
  • Your business as a Notary Public, Translating Agent or Legalisation Agent.

 

    1. If we reasonably believe you are not in compliance with any Terms and/or any legal or professional obligation we may choose to terminate these Terms and/or withdraw your access to the Site.
  1. WAIVER
    1. The Site is a business directory and does not have any involvement in the contract of services between you and any prospective clients (“Clients”) to whom you may be introduced through using the Platform.
    2. The Site is provided “as is”. We do not guarantee the Site will be available, uninterrupted or error free. We may take down this Site and/or any of its content at any time. We may also need to suspend your Profile from time to time to allow us to update and/or amend your Profile and/or undertake maintenance of the Site.  
    3. We may update the Site and the Terms from time to time. We will notify you of any updates/changes to the Site, but it is your responsibility to check the Terms regularly. By using the Platform after the Terms have been updated, you are consenting to any amendments.
    4. We do not warrant or guarantee the Site is free from bugs or viruses. You are responsible for taking appropriate measures to protect your accounts, software and devices from viruses and other forms of cyber-attack. We cannot accept any loss or damage that may be suffered as a result of following any links on the Site.
    5. We make no warranty as to the quality and validity of any Clients. Your acceptance of instructions from a Client is entirely on the basis of your own judgment and at your own risk. We will not be a party to any contract made between you and a Client and you are solely responsible and liable for your engagement with any Client.
    6. Although we actively promote your business we do not provide any guarantee that becoming an Associate will bring you Clients or improve your business in any way.  We will provide you with tips, tools and advice but ultimately securing clients is determined by a range of factors including your Profile, Reviews and your Quotes.
    7. Where you pay a Premium Fee or Advertisement Fee, we do not guarantee that you will receive general enquiries, or appear at the top of listings, but we will do our best to prioritise your business to enable you to secure such business.
  2. CONFIDENTIALITY
    1. Neither party may disclose or exploit, during or after termination of the Terms, any confidential information about the others’ business or the provisions of the Terms or any other policies which apply to your use of the Platform.
    2. Any information, data or documents which we may give to you regarding a Client (“Client Information”) must be kept confidential at all times. You are prohibited from using any Client Information for any other purpose other than in connection with your use of and access to the Platform.
  3. INTELLECTUAL PROPERTY RIGHTS
    1. All content, data and associated present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Platform, including the Logo (including any goodwill) any Review and your Profile (the “Intellectual Property”) is our property (or that of our licensors) and you assign to us by way of current and future assignment all such Intellectual Property to us with full title guarantee and (subject to Clause 11.2 below) nothing in these Terms shall be taken to transfer any of the Intellectual Property (including associated goodwill) to you.
    2. Subject to you promptly paying the Basic/Premium/Advertisement Fee (as applicable) and complying with the terms of this Agreement, we hereby grant you a non-exclusive, non-transferrable, non-sub licensable licence to use the Logo (“Licence”) once on the homepage of your Notary/Legalisation/Translation business website only for the duration of the Terms and you continuing to be a valid Associate. We reserve the right to terminate this Licence immediately and without notice should you breach any of the Terms.
    3. To the extent that the copyright and/or other intellectual property rights in the content of your Profile, a Review and/or the logo do not already belong to us, you grant us a worldwide, perpetual, irrevocable, non-exclusive, transferrable, fully sub-licensable license to use, copy, alter, display and create extracts or derivative works from your Profile in any media formats and for any purpose including but not limited to for the purpose or promotion of the Platform. You are not entitled to any royalty payments or any other compensation or fee related to any such use of your Profile. You waive your moral rights in relation to your Profile to the extent legally permitted.
    4. If you provide us with content for news items, social media or any other content for the Site (“Content”) you hereby agree that the copyright and/or any other intellectual property rights in such Content shall be automatically assigned to us on creation.  
    5. The FIND MY NOTARY logo (“FMN Logo”) is a registered trade mark which is owned by us.  Any use of the FMN Logo is strictly subject to a formal written licence and all rights relating to such FMN Logo are strictly reserved to us.  This clause does not limit or restrict your Licence to use the Logo.
  4. TERM AND TERMINATION
    1. These Terms shall commence on payment of the Basic/Premium/Advertisement Fee (as applicable) and shall continue until either party terminates these Terms (without affecting any other right or remedy available to it) on 30 days written notice to the other party (including via email).
    2. If you fail to comply with any of these Terms including (but not limited to):
  • non-payment of the Basic/Premium or Advertisement Fee (as applicable);
  • committing a material breach;
  • misusing the findmyNotary brand and/or the Logo;
  • you fail to meet the requirements for Associates as set out in Clause 6;

or use the Platform or its contents in any manner which we, acting in our absolute discretion, consider inappropriate we may terminate these Terms, the Licence and/or block your access to this website immediately and without notice.

  1. LIMITATION OF LIABILITY
    1. Nothing in the Terms limits or excludes our liability for death, personal injury, fraud, fraudulent misrepresentation or any other liability which cannot be limited or excluded under applicable law.
    2. Subject to the above, we exclude liability in contract, tort, negligence, misrepresentation or otherwise for any loss or damage arising from or connected with the Terms. Except as expressly set out in the Terms all conditions, warranties and representations made by the Site and/or any third party website to which it links are expressly excluded. We shall not be liable for any loss of profits, sales, business or revenue or any other economic loss. In particular, we are not liable for any claims, losses and/or associated costs arising directly or indirectly out of or in connection with (but not limited to):
  • the unavailability or lack of functionality of this Site;
  • the accuracy of any content of this Site or any third party website; or
  • any virus, distributed denial-of-service attack or other technologically harmful material which may infect your device(s), equipment, software, programs, website(s), application(s) or other proprietary material as a result of your use of this Site, downloading any content from this Site or any linked website and/or visiting any website via a link from this Site.

 

    1. Subject to the remaining provisions of these Terms, our liability to you is limited in aggregate to £1,000 for all matters concerning or arising out of your use of the Platform.  
  1. DATA PROTECTION
    1. The basis on which any personal data we collect from you, or that you provide to us, will be processed by us is set out in our Privacy Policy [INSERT HYPERLINK]. Please read the Privacy Policy carefully to understand our views and practices regarding your personal data and how we will treat it. By using the Platform you are consenting to the collection and use of your personal data in accordance with our Privacy Policy. If you do not wish your personal data to be used in this way, please cease use of the Platform immediately.
    2. You warrant and represent you have all rights, consents and entitlements to pass any data, including personal data, whether forming part of the Content or otherwise to us for use in accordance with the Privacy Policy.
  1. GENERAL
    1. These Terms constitute the entire agreement between us and replace all previous agreements, promises, assurances, warranties, representations and understandings (whether written or oral, express or implied) relating to the matters contained or referred to in the Terms. Each party acknowledges that in entering into these Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not expressly set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms. Nothing in this paragraph shall limit or exclude any liability for fraud.
    2. You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
    3. A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.
    4. No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
    5. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other party, or authorise you to bind us or make any promises on our behalf. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
    6. No failure or delay by us to exercise any right or remedy provided under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
    7. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted and the rest of the Terms shall remain in full force and effect. If one party gives notice to the other of the possibility that any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
    8. We may seek injunctive and/or other equitable relief against you in any jurisdiction worldwide for any breach of these Terms.
    9. These Terms are governed by English Law. Subject to our right to seek injunctive or equitable relief as stated above, you agree to submit to the exclusive jurisdiction of the Courts of England in relation to any claim or dispute arising out of or in connection with these Terms.
  2. CONTACT US

If you have queries relating to these Terms or your use of the Platform, please contact us at info@findmynotary.co.uk.

 

These Terms were last updated on 07 July 2017