Terms of Service

Last Updated: 30th October, 2025

1. Introduction and Scope

This document constitutes a legally binding agreement between you (“User,” “Client,” or “Notary”) and Notary Africa (“the Company,” “we,” “us”). These Terms govern the use of the Notary Africa website, mobile applications, and associated services (collectively, the “Platform”) within the Republic of Kenya.

2. Platform Role and “Marketplace” Definition

Notary Africa acts strictly as a technological intermediary.

  • Facilitation: We provide the infrastructure for Clients to locate, book, and communicate with Notaries Public.

  • No Professional Relationship: Use of the Platform does not create an advocate-client relationship between you and Notary Africa. Such a relationship is only established directly between the Client and the Notary.

  • Vetting: While we verify that Notaries on our platform hold a valid Practicing Certificate from the Law Society of Kenya (LSK), users are encouraged to perform their own due diligence.

3. User Obligations and Conduct

To maintain the integrity of the notarization process, Users agree to:

  • Original Documentation: Present original, unaltered documents for verification as required by the Notaries Public Act (Cap 17).

  • Truthfulness: Affirm that all statements made during the notarization process are true. Providing false information may lead to criminal prosecution for perjury.

  • Prohibited Use: Not use the platform for any documents related to illegal transactions, money laundering, or fraudulent activities.

4. Notarization Process and Requirements

In accordance with Kenyan legal standards, the following conditions apply to every transaction initiated on the Platform:

  • Identity Verification: The Notary is legally obligated to verify the identity of the signatory using a valid National ID or Passport.

  • Refusal of Service: A Notary reserves the right to decline service if the signatory appears to be under duress or lacks the mental capacity to understand the document.

5. Fees and Payment Terms

  • Service Fees: Users agree to pay the fees displayed at the time of booking. These include the Notary’s professional fee and the Platform’s administrative fee.

  • Taxes: All fees are inclusive of Value Added Tax (VAT) where applicable.

  • Payment Finality: By proceeding with a notarization, the Client acknowledges that the service is rendered upon the Notary’s signature and seal.

6. Intellectual Property and Document Security

  • Platform Content: All logos, code, and interface designs are the property of Notary Africa.

  • Document Privacy: Notary Africa employs end-to-end encryption for any documents uploaded for preview. We do not retain copies of your notarized documents once the transaction is marked as complete, ensuring compliance with the Data Protection Act (2019).

7. Indemnification

You agree to indemnify and hold harmless Notary Africa and its officers from any claims, losses, or legal fees resulting from:

  1. Your breach of these Terms.

  2. The submission of forged or fraudulent documents.

  3. Any dispute arising between a Client and a Notary regarding the quality or outcome of the legal service.

8. Dispute Resolution

In the event of a dispute between a User and the Platform:

  • Amicable Settlement: Parties shall first attempt to resolve the matter through good-faith negotiations.

  • Mediation: If negotiations fail, the dispute shall be referred to mediation under the rules of the Nairobi Centre for International Arbitration (NCIA).

  • Governing Law: All proceedings shall be conducted in English and governed by Kenyan Law.

9. Modifications to Terms

Notary Africa reserves the right to modify these terms at any time. Continued use of the platform after such changes constitutes acceptance of the new Terms.

10. Contact

For formal notices or inquiries: Email: info@notaryafrica.com

14. Refund Policy

At Notary Africa, we are committed to providing timely and trustworthy notary public services to individuals and businesses across Kenya. We recognize that legal and commercial transactions are time-sensitive. While our platform is designed for efficiency, we have established this policy to ensure fairness and accountability when timelines are not met.

1. Eligibility for a Refund

A User is eligible for a full refund of the service fee exclusively under the following conditions:

  • Booking Verification: You have a confirmed booking and a valid proof of payment made through the Notary Africa platform.

  • Service Failure: The assigned Notary fails to perform the notarization or deliver the agreed-upon service within 72 hours of the confirmed appointment or deadline, provided the delay is not caused by the User.

  • Timely Claim: You submit a formal refund request via email within seven (7) days following the expiry of the missed 72-hour deadline.

2. Situations Where Refunds Are Not Applicable

To maintain the professional standing and availability of our Notaries, refunds will not be issued in the following circumstances:

  • Communication Failure: The assigned Notary attempted to contact you via the phone number or email provided, but you were unreachable.

  • Client Delays: You missed the scheduled appointment, arrived late, or failed to provide the necessary original identification or documents required by law.

  • Work in Progress: You request a cancellation after the Notary has already begun the formal process of reviewing, drafting, or notarizing your documents.

  • Change of Mind: You decide you no longer need the service after it has been initiated or successfully completed.

  • Document Rejection: The refund policy does not cover instances where a third-party (e.g., an embassy or a bank) refuses to accept a document, as the Notary’s responsibility is limited to the legal act of notarization itself.

3. How to Submit a Refund Request

If you meet the eligibility criteria in Section 1, please initiate your request by emailing info@notaryafrica.com. Your email must include:

  • Full Name: As it appears on your registration.

  • Transaction Details: Your booking reference number or a copy of the payment receipt.

  • Explanation: A brief description of the service failure.

  • Supporting Evidence: Any relevant screenshots or logs of communication (if available).

Our administrative team will review your submission and provide an initial response within 2–3 business days.

4. Processing Approved Refunds

Once a refund is approved by Notary Africa:

  • Original Method: The amount will be credited back to your original payment method (e.g., M-Pesa, Credit/Debit Card, or Bank Transfer).

  • Timeline: While we initiate the transfer immediately, the processing time may take up to seven (7) business days, depending on the policies of your financial institution or mobile money provider.

  • Confirmation: You will receive a notification email once the transaction has been finalized on our end.

5. Our Commitment to Excellence

Notary Africa stands by the quality and professionalism of our network of Notaries. We understand that legal processes can be stressful; if a service does not go as planned, we are committed to working with you to find a fair and equitable resolution.

For any questions regarding this policy or general support, please reach out to us at: info@notaryafrica.com

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