Terms and Conditions

  1. Apostille Australia Certificate Service is owned, operated, managed and licensed to  Red Seal Notary which is not a legal practice but a clerical service.
  2. This website and Red Seal Notary provides its notary, & apostille clerical services to visitors and clients subject to the following Terms and Conditions, so please read all numbered paragraphs carefully.
  3. Signing off on our Order Form both PDF and Online means you acknowledge our responsibilities in providing notary/legalisation/delivery services.
  4. For legal advice, please consult your solicitor or attorney. We do not provide legal advice or create any legal forms.Our duties are clerical only, and there is no solicitor/client relationship between this website and its clients. Our solicitor has been retired for many years and only performs notary work, and clerical work.
  5. It is acknowledged that the Department of Foreign Affairs and Trade (DFAT), or a particular Embassy or Consulate, whether located in Australia or overseas, when presented with a document by this Service for the issue of an Apostille Certificate, Authentication Certificate, or legalisation processing, will review that document to ascertain whether it is relevant or appropriate for the issue of such documents or processing. Note...only original  Australian Government documents can be apostilled or authenticated by DFAT. and not foreign issued documents.
  6. It is acknowledged that there is a possibility that a presented document might be rejected either by DFAT, an Embassy or Consulate or that a delay may take place because of some irregularity associated with that document.
  7. A document may be rejected by DFAT for various reasons, including… a public official’s signature and/or seal not recorded on its data base, or not appearing on all pages of multiple paged documents.
  8. Examples of cases when a document may be rejected…
    1. Public documents digitally signed (no "live" signature);
    2. Torn, stained, laminated or dilapidated documents; and
    3. Documents presented to it not being public documents but only private documents such as educational documents
    4. Electronic or otherwise photocoped documents of government issued documents such as ASIC or ATO documents that are incomplete.
  9. If a document is rejected either by DFAT, an Embassy or Consulate, the client who has instructed this Service, must co-operate fully with Apostille Australia to assist correction of any irregularity causing the rejection or delay in the issue of the appropriate certificate or legalisation.If a document/s submitted by us per a signed Order Form for legalisation is/are rejected either by DFAT/Embassy/ Consulate for technical reasons (such as in para 8 above), the client must co-operate with us fully to assist correction of the irregularity causing the rejection or delay for the issue of the appropriate apostille stamping to assist us finalise the Order.We will advise you of the requisition or requirement that must be attended to…if there is no cooperation or assistance or delay there will be no refund or charge back for any uncompleted order. 
  10. It is agreed that any additional fees incurred by Apostille Australia to rectify such an irregularity or delay is payable by the instructing client.
  11. It is acknowledged that Apostille Australia advances funds to DFAT,  an Embassy or Consulate in payment of its fees for issue of an Apostille Certificate, Authentication
    Certificate or legalisation process, and that therefore our instructions cannot be cancelled once the documents have been received by Apostille Australia and processing commenced.
  12. It is acknowledged that Apostille Australia is not responsible for any loss or damage to clients' documents which may be caused by DFAT's or a Consulate's or Embassy's negligence after delivery of documents to any of these authorities, caused either by printing errors or otherwise, or any delay or loss of or failure of delivery services provided by Australia Post, or international courier companies. All users of this website are reminded that Consulates and Embassies both within and outside Australia are sovereign States and are outside the jurisdiction of Australian Courts.
  13. DFAT is a government department over which we have no control. Any loss, damage, processing error or mistake being the fault of DFAT,  a Consulate or Embassy is outside the control of Apostille Australia and any loss of fees, expenses paid or documents lost  as a result thereof cannot  be claimed against Apostille Australia in any manner or form. Likewise,should DFAT or an Embassy/Consulate verify a document but for reasons of its own subsequently cancels the verification, clients cannot obtain a refund of fees paid to Appostille Australia, as no error or mistake has been committed by this Service for such events. Once a delivery via express post of a document is delivered to either DFAT or a Consulate/Embassy takes place, Apostille Australia cannot be held liable for any loss caused either by DFAT or a Consulate/Embassy thereafter. Our Service has chosen DHL as its international delivery courier and by pacing and signing and paying for your Order you acknowledge this courier service as the official carrier of your documents.
  14. It is acknowledged that many Embassies and Consulates change and amend their guidelines and fees without notice and we are not responsible for any change of processing procedure or payment that might be required due to sudden changes.
  15. All bank commissions and fees associated with provision of apostille/legalisation/notary services are payable by applicant/client, including applicant’s bank, website’s bank and any intermediary.
  16. Any agreed refund of fees is subject to an administrative charge of $150.00 AUD per document reflecting our time and expense including bank fees and bookkeeper fees to organise and attend to refunds either by cheque or EFT. An online credit card payment cannot be refunded via credit card as your credit card details are unknown to us.
  17. We urge you to consider all alterative options before placing an Order with us rather than seek cancellation and hence breaching a valid contract.
  18. We only refund monies paid when it has been categorically shown that an error on our part has been made, and not a change of mind or discovery of a cheaper service by the client encouraging unilateral cancellation of a valid and binding contract. Accordingly, in these circumstances, although instructions may be cancelled, no refund of monies paid can be made as the cancellation is a breach of the contract entered into.
  19. It is acknowledged that once an Order has been made (either online or manually by printed Order Form) ), a legal contract to provide services comes into existence only on receipt of documents at our office to be deemed whether appropiate or not and that all  necessary information has been provided and formalities have been followed; only then  Apostille Australia commences processing of that Order and in so doing spends time and incurs costs and expenses which may include advancement of funds to Embassies, Consulates or DFAT in payment of their fees.
  20. Apostille Australia which works from home due to pandemic does not issue tax invoices or receipts when orderng and making payment manually by presentation of a Credit Card authority or bank deposit ...only a credit card receipt is issued and delivered. Issuing printed invoices involves additional clerical expenses. When ordering and paying online automated tax invoices are issued and emailed to all customers. Overseas customers are exempt from GST.
  21. Apostille Australia provides clerical services only  not legal services and is not a government department or in any way associated with a government department. It provides a clerical service to its clients in obtaining apostille and authentication certificates from DFAT and does not issue these certificates itself. There is no solicitor/client retlationship created in accepting instructions for apostille or embassy/consulate legalisations. We are a commercial agency.
  22. It is acknowledged that this website contains information pages only and not legal advice.
  23. It is strongly recommended and we urge you to review carefully this website's FAQ's before placing your Apostille or Authentication Certificate Order with us.
    Our FAQ's advises on critical issues which you should be aware of before placing your Order and making your online payment and thereby entering into a binding contract with us.
    It is important that you be aware for instance of minimum turnaround time for processing of your Order we make on your behalf with DFAT the government department that issues apostilles after verification. (Paragraph 12)
  24. We do not accept responsibility for any delays by DFAT in the issue of its Certificates at our request, either financial or otherwise.
  25. Once a quote for services has been given and is followed by an order online or with printed form as been made the quote is deemed accepted and no cancellation of order or part thereof can be made to the contract entered into.
  26. Any delay in delivery of Express posted of documents or loss thereof... either from clients or partners to this Service or to clients from this Service caused by the current pandemic with shortage of Australia Post staff and/or lack of interstate fllights, shall not be the subject of a complaint or refund of fees paid.
  27.  It is acknowledged that should there be any disagreement between client and Apostille Australia Certificate Service over services provided, which may give rise to litigation, that New South Wales, Australia and no other State or Territory or country has exclusive jurisdiction.in which proceedings may be commenced.

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