Terms & Conditions
Normal hours of business
Our notary service is primarily provided outside normal office hours. In suitable cases, David Mulligan can arrange to meet you away from the office. Where this happens, a reasonable fee may be charged for travel time and travel costs (where applicable).
All services are provided by prior appointment only.
Responsibility
A notary’s primary duty is to the transaction as a whole. Notarial acts are relied on by clients, third parties, and foreign authorities worldwide. Unless otherwise agreed in writing, the notary’s responsibility is limited to carrying out the notarial formalities only. It does not include giving advice on, drafting, or reviewing documents, or providing substantive legal advice on the transaction. Mr Mulligan does not advise on foreign law.
Fees
David Mulligan’s current hourly rate is €200.00 and the standard minimum fee is €60.00. These rates may be varied for particularly urgent work. Factors that may affect the fee include (without limitation): (1) complexity, difficulty, or novelty of the matter; (2) level of skill, labour, specialist knowledge, and responsibility involved; (3) time required; (4) number and importance of documents prepared or reviewed; (5) where and how the work is carried out; (6) value of any money or property involved; (7) importance of the matter to the client; (8) urgency and any disruption or rearrangement of other work; and (9) work carried out at unsocial hours.
Payment
Our fees are normally payable on presentation, usually in advance or at the meeting, by cash, Revolut, or immediate electronic funds transfer. Notarised documents will not be released until all fees and any outlays have been paid in full.
Disbursements
You are responsible for any payments David Mulligan makes on your behalf. Typical examples include legalisation fees paid to the Department of Foreign Affairs, the Foreign and Commonwealth Office, consulates or embassies, legalisation agents, Companies Registration Office fees, courier charges, and special delivery postage. No such expenses will be incurred without your prior consent.
Documentation to be prepared
More than one appointment may be required to complete a matter, particularly where David Mulligan needs to prepare all or part of the documentation.
Proof of identity
Proof of identity and address is required for all individuals. This is usually provided by a current passport, driving licence, or national identity card, together with a recent utility bill or bank statement as proof of address. In exceptional cases, alternative documentation may be accepted.
If you are acting on behalf of a company, David Mulligan must confirm that the company exists and that the signatory has authority to act on its behalf. He will usually carry out his own checks with the Companies Registration Office and may, in some cases, ask you to provide a certificate of incorporation, certificate of good standing, or similar documentation.
Written translation
Official translations of documents may be required before and/or after execution.
If you are acting on behalf of a company, David Mulligan must confirm that the company exists and that the signatory has authority to act on its behalf. He will usually carry out his own checks with the Companies Registration Office and may, in some cases, ask you to provide a certificate of incorporation, certificate of good standing, or similar documentation.
Limitation of liability
Except where liability cannot be limited by law, Mr Mulligan’s liability for any loss, injury, or damage of any kind, whether direct or indirect, including (without limitation) negligence, breach of duty of care, breach of fiduciary duty, or otherwise, is limited to €1,000 in respect of any single claim or related series of claims.
Foreign law
Mr Mulligan does not advise on foreign law and acts solely in an evidential and authentication capacity in relation to matters involving the laws of any country or territory outside Ireland.
Your own professional advice
For certain transactions, you are expected to have obtained advice from your own (a) Irish lawyer(s), (b) relevant foreign lawyer(s), and/or (c) other appropriate professional advisers. Relying on documents prepared by another party or their advisers without taking independent advice may involve risk. If you have not obtained such advice, you may be advised to do so before the transaction proceeds. It is your responsibility to inform Mr Mulligan if you have not taken appropriate professional advice as outlined above.
Complaints
David Mulligan aims to provide an efficient and high standard of service at all times. If, however, you are unhappy with the service you have received, you should follow the complaints procedure outlined below. Notaries are regulated by the Faculty of Notaries Public in Ireland (www.notarypublic.ie).
If you have a concern, please contact David Mulligan in the first instance. If the issue cannot be resolved, you may raise a complaint with the Faculty of Notaries Public, which operates an approved complaints procedure. This service is free of charge and is intended to provide a prompt resolution.
Records
At the conclusion of the matter, a formal record of the key details of the transaction, together with copies of notarised documents, may be retained. In particular, where notaries certify public or official documents, these details are recorded in the notarial protocols.
Data protection
David Mulligan uses the information you provide mainly to deliver services to you and for related purposes, including maintaining and improving client records, practice management, statutory reporting, and legal and regulatory compliance. All records are handled in accordance with his Privacy Notice, available at www.galwaynotarynow.ie.
Anti-money laundering
Notaries are required under anti-money laundering legislation to take steps to prevent fraud and forgery. To comply with these obligations, you agree that Mr Mulligan may carry out any checks he considers necessary and that you will provide any documents or information requested. Failure to do so may result in the engagement being terminated immediately.
Equality, diversity & accessibility
We are committed to promoting equality and diversity in all dealings with clients and third parties.
Unfortunately, our offices are not fully wheelchair accessible. However, Mr Mulligan is happy to meet clients with mobility impairments at any convenient location in Oranmore, Galway at no additional charge. We will also aim to accommodate other accessibility needs at no extra cost.
Acknowledgement & Consent
As a condition of our business, all clients are required to sign an Acknowledgement and Consent. We will aim to provide this to you in advance for review before you attend our offices for notarisation.
Governing law & jurisdiction
- Governing law & jurisdiction
Privacy Policy
David Mulligan trading as GalwayNotaryNow.ie respects your privacy and is committed to protecting your personal data. This Privacy Notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.
Important information and who we are
David Mulligan, having his registered office at 6 Tudor Vale, Oranmore, Galway, H91NR0A the controller of your data. If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact davidpmulligan.dm@gmail.com or call us directly.
You have the right to make a complaint at any time to the Office of the Data Protection Commission (“ODPC”), the Irish supervisory authority for data protection issues at info@dataprotection.ie. We would, however, appreciate the chance to deal with any concerns you may have before you approach the ODPC so please contact us in the first instance.
The data we process about you
a. Personal data, or personal information, means any information about an individual from which that person can be identified (including name, address, date of birth, email address, telephone numbers). It does not include data where the identity has been removed (anonymous data).
b. We may use, store and transfer different kinds of personal data about you; including the retention of your personal data in compliance with the relevant anti-money laundering legislation, the relevant tax legislation and the rules and regulations governing Notaries Public.
Acquisition of your personal data
Direct interactions. You may give us your personal data by filling in documents or by corresponding with us by post, phone, email, or otherwise. This includes personal data you provide when you: (a) contact us to obtain notary services; (b) submit an email query; (c) send us a document for notarisation; and/or (d) provide us with formal proof of your identity and postal address.
How we use your personal data
Lawful basis. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances where: (a) we need to perform the notary services as requested by you; (b) it is necessary for our legitimate interests (or those of a third party) (for example for the administration and growth of our business) and your interests and fundamental rights do not override those interests; (c) where we need to comply with a legal, regulatory, professional or ethical obligation.
How we use your personal data
Lawful basis. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances where: (a) we need to perform the notary services as requested by you; (b) it is necessary for our legitimate interests (or those of a third party) (for example for the administration and growth of our business) and your interests and fundamental rights do not override those interests; (c) where we need to comply with a legal, regulatory, professional or ethical obligation.
Purposes. We will only use your personal data for the purposes for which you submitted it, for compliance with our obligations and in order to grow and develop our business. We may also use your personal data if we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us by email. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures. We may have to share your personal data with employees of the Notary Public that provide IT and system administration services, bookkeeping, marketing and other administrative services to us as well as with external third parties such as:
A. service providers based in the EEA who provide IT, hosting, payment and digital marketing services (including Eirhost, Microsoft, Google, and Trustpilot), third party logistic providers (including An Post, UPS, DHL), and system administration services (including Revolut);
B. professional advisers acting as processors including lawyers, bankers, auditors and insurers based in the EEA who provide consultancy, banking, legal, insurance and accounting services; and
C. the Revenue Commissioners and Department of Justice in Ireland (or similar in other jurisdictions), supervisory authorities, regulators and other authorities acting as processors or joint controllers based in Ireland who require reporting of processing activities in certain circumstances.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable supervisory authority or other regulator of a breach where we are legally required to do so.
Data retention
We will only retain your personal data for as long as necessary to fulfil the purposes you submitted it for, including for the purposes of satisfying any legal, accounting, or reporting requirements, or to defend legal proceedings connected to the data.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
We have to keep basic information about you (including contact and proof of identity data) for six years. In some circumstances you can ask us to delete your data: see below for further information or contact us by email.
Your legal rights
Under certain circumstances, you have rights at law in relation to your personal data, to:
A. Request access: to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Normally all this is provided to you at the time the professional service is being provided.
B. Request correction: of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
C. Request erasure: of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
D. Object to processing: of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have a compelling legitimate ground to process your information which overrides your rights and freedoms.
E. Request restriction of processing: of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
F. Request the transfer: of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
G. Withdraw consent at any time: where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain offerings to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us by email in the first instance.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may also charge a reasonable professional fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.