Legal

Cancellation Policy

1. Introduction

This Cancellation Policy ("Policy") explains how cancellations, refunds, credits, and session abandonments work for on-demand notarisation services ordered through MyNotary ("MyNotary", "we", "our", "us"). It forms an integral part of our Terms of Service and must be read together with them. By validating an Order and completing payment, you acknowledge that you have read, understood, and accepted this Policy in its entirety.

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2. Definitions

"Order" means a confirmed order for one or more notarisation Services, evidenced by a validated payment and a confirmation email.

"Service" means the full on-demand notarisation service, comprising the provision of a qualified notary, identity verification, document review, the live video Session, application of the notarial seal, and delivery of the executed documents.

"Unitary Service" means, within an Order containing several services, each distinct notarisation service, identifiable by its own billing line.

"Session" means the live video session between the Client and the notary, initiated on the Client's demand once their identity verification has been validated.

"Client" or "you" means the natural or legal person who orders and pays for the Service.

"Access Link" means the personal and nominative link sent by MyNotary to the Client's email address, granting access to the secure platform on which the Client can upload documents, complete identity verification, and initiate their Session.

"Service Commencement" means the Client's first access to the secure platform via the Access Link, as recorded in our server logs, regardless of whether the Client proceeds further into the identity verification workflow. Service Commencement is established by the first access event recorded in our technical logs upon the Client's opening of the Access Link.

"Service Completion" means the moment when the notarial seal is applied to the document and the executed file is delivered to the Client.

"Credit" means a non-cash-refundable credit, usable on a future Order with MyNotary, subject to the conditions set out in section 9.

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3. Statutory Right of Cancellation (UK Consumers)

3.1 Principle

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("CCR 2013"), consumers residing in the United Kingdom are in principle entitled to a 14 calendar day cooling-off period from the conclusion of the contract, during which they may cancel without giving any reason.

3.2 Request for Immediate Service Commencement

Given the urgent, on-demand, and personalised nature of notarial services, and in accordance with regulation 37 of the CCR 2013, every Order constitutes an express request to commence the Service immediately, without waiting for the expiry of the 14 day cancellation period. This request is inherent to the very nature of the Service ordered and is confirmed by your acceptance of these terms upon validation of payment.

3.3 Consequences of the Request for Immediate Commencement

In accordance with regulation 36 of the CCR 2013, given that you have requested immediate commencement of the Service:

(a) you lose your right of cancellation as soon as Service Commencement occurs, that is, as soon as you first access the secure platform via the Access Link;

(b) this loss of the right of cancellation is final and irrevocable, and applies regardless of the time elapsed since payment, the outcome of the Session, or your subjective satisfaction;

(c) notarial services are, by their nature, bespoke and personalised to the individual Client; the first access to the secure platform via the Access Link constitutes the effective individualisation of the Service and the irrevocable engagement of MyNotary's notarial and technical resources;

(d) the time elapsed between the sending of the Access Link and your eventual first access to the secure platform remains entirely under your control. You acknowledge that it is your positive action that triggers Service Commencement.

3.4 Business Clients

Business Clients (acting in the course of a trade, business, craft, or profession) are not entitled to the statutory cancellation rights provided by the CCR 2013. Cancellations by Business Clients are governed exclusively by sections 4 and following below.

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4. Cancellation by the Client Before Service Commencement

If you wish to cancel an Order before Service Commencement (that is, before you have first accessed the secure platform via the Access Link), you may do so by sending a written request to support@mynotary.io from the email address used at the time of the Order.

In this case:

(a) you are entitled to a refund of the Order fees, less a flat administrative fee of £25 covering payment processing fees (including non-recoverable Stripe transaction and reversal fees), dossier provisioning costs, identity verification system activation costs, and platform operational costs incurred upon Order validation. These costs are non-recoverable by MyNotary and therefore remain at your charge;

(b) the cancellation takes effect on the date and time your email is received by our services, and only if such receipt occurs before our systems record your first access to the secure platform via the Access Link;

(c) any request received after Service Commencement will be handled in accordance with section 5, without exception.

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5. Requests for Cancellation or Refund After Service Commencement

Once Service Commencement has been established:

(a) no refund is due, in whole or in part, the Service being legally deemed in the course of performance and MyNotary's resources being definitively engaged for the benefit of the Client;

(b) any request for cancellation, refund, or commercial discount made at this stage shall be deemed a voluntary withdrawal by the Client. The full Order fees remain due as reasonable costs incurred in the performance of the contract, in accordance with regulation 36 of the CCR 2013;

(c) this rule applies regardless of the following circumstances: the Client interrupts their identity verification, the Client never initiates their Session, the Client considers they no longer need the Service, the Client changes their mind regarding the appropriateness of notarisation, the Session cannot proceed for reasons attributable to the Client (see section 11), or the notarial outcome does not match the Client's subjective expectations provided the deed is legally valid;

(d) on a purely commercial and discretionary basis, MyNotary may agree, without being bound to do so and without creating a precedent or a right for the Client, to issue a Credit in certain exceptional cases.

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6. Session Abandonment by the Client

A Session abandonment occurs when the Client, after initiating their identity verification or joining the video Session:

(a) interrupts their identity verification and does not resume it within a reasonable period;

(b) does not join the video Session within 15 minutes of their identity verification being validated;

(c) leaves the video Session before its Completion, for any reason whatsoever;

(d) refuses to continue the Session or to cooperate with the notary.

In the event of Session abandonment:

(a) the Service is deemed fully performed on MyNotary's side (the notary was available, the platform was operational, the verification system was active, and the Access Link had been delivered);

(b) no refund shall be issued, in whole or in part;

(c) no Credit shall be issued;

(d) resumption of the Service is subject to placing a new paid Order.

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7. Access Link Validity Period

The Access Link is valid for a period of 30 calendar days from its dispatch by email to the Client. Beyond this period, and if the Client has not initiated their identity verification:

(a) the Access Link automatically expires;

(b) the Service is deemed fully performed on MyNotary's side, the resources having been kept available to the Client throughout this entire period;

(c) no refund shall be issued;

(d) no Credit shall be issued;

(e) resumption of the Service is subject to placing a new paid Order.

This rule applies regardless of the reason for which the Client did not use their Access Link within the allotted time.

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8. Technical Unavailability or Non-Performance of the Service

8.1 Principle: Credit and No Refund

Where the Service cannot be performed due to a technical unavailability, an incident affecting our providers (video platform, identity verification system, qualified electronic signature services, hosting providers, network operators, etc.), an ad hoc unavailability of a notary qualified for the type of deed requested, or any other circumstance not engaging the exclusive faulty liability of MyNotary:

(a) MyNotary shall issue to your benefit a Credit equal to the fees paid for the relevant Unitary Service, valid under the conditions of section 9;

(b) no cash refund shall be issued in these circumstances, the Credit constituting your sole remedy;

(c) MyNotary shall use its best efforts to restore Service availability as soon as possible, and you may use your Credit as soon as the Service is operational again.

8.2 Exception: Established and Exclusive Fault of MyNotary

A cash refund may only be considered in the exclusive case of an established and exclusive fault of MyNotary rendering the Service definitively and irremediably impossible (for example: prolonged and unresolved inability to provide a qualified notary for the type of deed requested, substantive error on our part rendering the notarial deed legally ineffective with respect to the receiving jurisdiction). In such case:

(a) MyNotary shall first offer a Credit in accordance with section 8.1;

(b) where the Client refuses the Credit with reasoned grounds and an established fault is confirmed by MyNotary after review of the file, a cash refund may be granted on the relevant Unitary Service only;

(c) this refund constitutes your sole and exclusive remedy. MyNotary shall in no event be liable for indirect, consequential, or incidental losses, including, without limitation, business losses, loss of opportunity, third-party fees, delays in any third-party proceedings, or any moral or reputational harm.

8.3 Multi-Service Orders

Where an Order comprises several Unitary Services:

(a) each Unitary Service is handled individually under this Policy;

(b) Service Commencement, Service Completion, eligibility for a Credit or refund, and any other provision of this Policy are assessed service by service;

(c) in the event of impossibility to perform a specific Unitary Service, only that Unitary Service shall give rise to a Credit or, where applicable and exclusively within the framework of section 8.2, to a refund;

(d) the other Unitary Services of the same Order, performed or in the course of performance, remain fully due and shall not give rise to any refund or Credit;

(e) where Service Commencement has occurred for one of the Unitary Services, the other Unitary Services of the same Order, if not yet commenced, may still be individually cancelled in accordance with section 4.

8.4 Limitation of Liability

MyNotary's total liability under this Policy shall, in any event, be strictly limited to the amount of fees actually paid by the Client for the relevant Unitary Service, to the exclusion of any other Unitary Service of the same Order or any other Order.

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9. Credit Conditions

Credits issued by MyNotary are subject to the following conditions:

(a) they are nominative and usable exclusively by the Client holder of the account that placed the initial Order;

(b) they are non-transferable, non-assignable, and non-exchangeable for cash, in whole or in part;

(c) they have a validity period of 12 months from their date of issuance, after which they automatically and definitively lapse without giving rise to any compensation;

(d) they are usable on any future Order with MyNotary, up to the nominal amount of the Credit; any unused balance remains usable until expiration;

(e) any amount exceeding the Credit value at the time of use shall be paid by the Client under the usual conditions;

(f) Credits do not give rise to any remuneration, interest, or indexation.

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10. Claim Period

Any claim, request for a Credit, or request for a refund must be submitted in writing to support@mynotary.io within a maximum period of 14 calendar days following the date of Service Commencement, or following the date of dispatch of the Access Link in the absence of Service Commencement.

Beyond this period, no claim shall be processed and the Service shall be deemed definitively accepted by the Client.

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11. Circumstances Beyond Our Control

MyNotary's liability shall not be engaged, and no refund or Credit shall be issued, where the Service cannot be completed or does not produce the outcome expected by the Client due to:

(a) the Client's failure to provide valid identity documents, in current validity and compliant with the requirements communicated before the Session;

(b) the Client's failure to have a stable internet connection, a working camera and microphone, or a suitable device for the Session;

(c) the Client's failure to provide the document to be notarised in the required format, language, and quality;

(d) the inability or refusal of the Client to answer the notary's questions, to take an oath, to sign the document, or to comply with the notary's lawful instructions during the Session;

(e) the document being legally incapable of notarisation, or its rejection by a receiving authority for reasons unrelated to the notarial act itself (specific requirements of a receiving country, additional legalisation required, certified translation needed, etc.);

(f) errors, omissions, approximations, or misrepresentations by the Client in the information or documents provided before or during the Session;

(g) the notary's refusal to act for ethical, legal, or deontological reasons (suspicion of fraud, doubtful legal capacity of the Client, unlawful content of the document, etc.), in compliance with their professional obligations;

(h) the provision by the Client of an erroneous email address, an incorrect delivery address, or any other information preventing proper performance of the Service;

(i) any event of force majeure, including, without limitation, power outages, third-party platform failures, governmental actions, cyberattacks, or natural events.

In all cases referred to in this section, the Service shall be deemed performed by MyNotary and the Order fees shall be fully retained, without any Credit or refund.

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12. Refund Procedure

In the rare cases where a cash refund is due under this Policy:

(a) refunds are processed within a period of up to 30 calendar days from MyNotary's confirmation of the right to a refund, this period being necessary for file verification, consultation with our payment providers, and interbank coordination;

(b) refunds relating exclusively to the statutory right of cancellation provided by the CCR 2013 (cancellation validly exercised before Service Commencement) are processed within the statutory time limit applicable;

(c) refunds are issued exclusively to the original payment method used for the Order;

(d) refunds are made in the original currency of the Order; MyNotary shall not be responsible for exchange rate variations or for fees charged by your bank or card issuer;

(e) the £25 administrative fees referred to in section 4 are non-refundable in any case, including where a refund is otherwise due;

(f) no refund shall be made by alternative bank transfer, cryptocurrency, transfer to a third-party account, or by any means other than the original payment method;

(g) where payment was made by a third party (corporate card, family card, etc.), the refund shall be made to the same card, without MyNotary having to know or verify the relationship between the Client and the third-party payer.

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13. Disputes, Chargebacks, and Fraud Protection

13.1 Mandatory Prior Amicable Contact

Before initiating any chargeback, payment dispute, bank reversal, fraudulent transaction declaration, or claim with your bank, card issuer, or payment provider, you expressly undertake to:

(a) contact us first at support@mynotary.io, setting out precisely the grounds for your dissatisfaction and attaching any relevant evidence;

(b) grant us a period of 10 business days from receipt of your request to review the file and propose a reasoned response;

(c) cooperate in good faith in the amicable resolution of the dispute.

This obligation constitutes an essential condition of these terms, determinative of our consent to contract with you.

13.2 Qualification of Abusive Chargebacks

The initiation of a chargeback, reversal, or fraud declaration in any of the following cases shall constitute an abusive chargeback and, where applicable, a first party fraud within the meaning of Visa, Mastercard, and American Express rules:

(a) without complying with the prior procedure of section 13.1;

(b) after Service Commencement, in breach of section 5;

(c) invoking grounds manifestly contrary to the facts recorded in our audit trail (unauthorised transaction whereas the Session was held, service not rendered whereas the deed was issued, identity theft whereas identity verification was validated, etc.);

(d) after having received a Credit, a partial refund, or any other accepted compensation;

(e) in manifest breach of these terms or of the Terms of Service.

13.3 Consequences for the Client

In the event of an abusive chargeback, MyNotary expressly reserves the right to:

(a) transmit to your card issuer, your bank, the payment processor, and any competent authority the complete audit trail of the Order, including in particular: the timestamp of your acceptance of the Terms of Service and this Policy, your IP address, your browser identifier, the timestamp of the Access Link dispatch, the timestamp of Service Commencement, the identity verification logs, the Session recordings, and the exchanged communications;

(b) systematically dispute the chargeback through the representment procedure, before the payment processor, then before the card network (Visa, Mastercard, etc.), and if necessary before the competent courts;

(c) immediately suspend your access to the platform and terminate your account without notice, and refuse any subsequent Order, including from a new email address, a new payment method, or a new identity;

(d) record your details (name, email, IP, device fingerprint, banking references) on an internal list of high-risk Clients, and share this data with our anti-fraud providers (Stripe Radar and equivalents);

(e) recover from the Client all bank fees associated with the chargeback (typically £15 to £25 per dispute), a flat administrative handling fee of £50, and any legal fees incurred for the defence of our rights, including counsel's fees;

(f) report the Client to the competent authorities (Action Fraud in the United Kingdom, equivalents in other jurisdictions) in the event of suspected established fraud;

(g) bring any appropriate civil or criminal legal action, including an action for recovery of sums due and compensation for the prejudice suffered.

13.4 Evidentiary Value of Digital Evidence

By accepting this Policy, you expressly and irrevocably acknowledge that:

(a) the digital evidence held by MyNotary (server logs, timestamps, video recordings, communication logs, browsing traces) constitutes valid, admissible, and enforceable evidence of the performance of the Service;

(b) such digital evidence is conclusive between the parties until contrary proof is provided by you in accordance with the strictest evidentiary standards;

(c) the cryptographic audit trail generated by our trust services provider constitutes qualified and tamper-proof timestamp evidence within the meaning of the eIDAS Regulation and English law on electronic evidence;

(d) you waive your right to contest the authenticity, integrity, or evidentiary value of these elements without demonstrating, with material evidence, falsification.

13.5 Cooperation in the Event of an Investigation

You agree, in the event of a dispute procedure, banking investigation, anti-fraud investigation, or legal proceedings:

(a) to fully cooperate with MyNotary, with your bank, with the payment processor, and with any competent authority;

(b) to provide any document or information requested within a reasonable period;

(c) not to obstruct the establishment of facts.

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14. Multiple or Erroneous Payment Attempts

(a) In the event of involuntary double payment for the same Order (Client error, double-click, etc.), MyNotary shall refund the excess payment to the original payment method, within the period of section 12, after effective verification of the involuntary and redundant nature of the payment;

(b) MyNotary shall not be held liable for payments made in error on an incorrect Order reference, such payments being reallocable or refundable at our sole discretion, subject to effective verification of the error;

(c) any request for refund of multiple payments must be made within the period of section 10.

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15. Modification of the Policy

MyNotary reserves the right to modify this Policy at any time. The version applicable to your Order is the version in force at the time you validate your payment, and is archived in our systems with a unique version number. Subsequent modifications do not apply retroactively to your Order. You are invited to review the version in force at each new Order.

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16. Severability

If any clause of this Policy is found to be unenforceable, illegal, or inapplicable by a competent court, that clause shall be modified to the minimum extent necessary to make it enforceable, and the remaining clauses shall remain in full force and effect. Nothing in this Policy affects the statutory rights of consumers that cannot be excluded or limited under mandatory English law.

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17. Governing Law and Jurisdiction

This Policy is governed by the laws of England and Wales. Disputes are subject to the exclusive jurisdiction of the courts of England and Wales, subject to the right of consumers residing in another jurisdiction to also bring proceedings before the courts of their country of residence where required by mandatory consumer protection law.

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18. Contact

Any question regarding this Policy should be addressed to:

MyNotary

Email: support@mynotary.io

Website: uk.mynotary.io

Response guaranteed within 48 business hours.

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