Terms and Conditions
The working relationship with clients.
Terms and Conditions
1. The relationship with you
The Terms of business shall apply to all matters for which instructions are accepted from you to perform professional services (“the Services”).
When you send instructions, you shall be deemed to accept these Terms.
Each matter for which the Services are performed may be treated as a separate contract.
Any agreed changes to these Terms must be confirmed in writing to you in order to be effective. If any of these Terms are not enforced, this does not prejudice the remainder of the Terms in any way. Subject to these Terms the procedure will always be that the overriding duty to you is to do whatever is considered necessary to properly protect and preserve your rights.
Every contract with you incorporating these Terms and any agreed variations shall be governed by and construed in accordance with English law.
1. Your instructions to Simon Walters®
To act promptly on your behalf, you agree to respond promptly, clearly and completely to any request made for your instructions, information, technical data, and payment of fees including all costs and disbursements. Any oral instructions should be confirmed in writing by either you or Simon Walters®
Any response required from you to meet a deadline will be made clear in writing but there is no undertaking to send reminders. If insufficient information is provided by you to meet a deadline, then you agree that Simon Walters® shall have no liability for any loss which may subsequently arise and that there will be no obligation to take any steps to preserve or protect your rights further. However, if any steps are taken, then you agree to pay any fees and disbursements for work done and properly incurred.
Information received from you will only be used in the furtherance of your intellectual property rights.
If instructions are received from your authorized agent, such as a solicitor or accountant, then reliance will be placed on the information given until written instructions are received to the contrary from you.
3. Overseas associates and attorneys
To provide the Services, overseas associates and attorneys may be required to provide searches, file applications, deal with prosecution and generally protect your rights outside of the United Kingdom. Instructions will only be given to those it is believed are qualified and competent but you agree that Simon Walters® shall have no liability for any loss which may subsequently arise as a result of any failure by an overseas agent to perform their services.
4. Fees and disbursements
Fixed Fees
Rather than charge on a time basis, fixed fees are charged wherever possible, particularly in relation to drafting and filing documentation, including applications.
Time-based fees
When objections are raised by third parties, such as an examiner's report or opponents, work is conducted on a time basis at an agreed hourly rate, subject to full consultation with you.
Estimated costs
In all instances, a written estimate of expected and likely costs can be given and a budget agreed.
Disbursements
These relate to official fees from government organizations (such as national trade mark registries) and the fees of foreign associates. In the case of litigious matters, disbursements include court and counsel's costs.
Invoices
Money on account is requested for sizable disbursements.
Payment for work undertaken whether on a fixed or time-based matter is requested within 30 days after issue of an invoice.
If an invoice is not settled within 30 days, then aside from any other rights you agree that interest may be charged on the outstanding balance until the date of payment at a rate of 5% above the base rate (or its equivalent) of HSBC plc for the time being in force. Also, any failure to pay an invoice may be treated as a breach of the contract for the Services and written notice may be sent to you suspending performance or terminating the contract. All obligations of Simon Walters® under the contract would thereby cease and there would be no further obligation to protect or preserve your rights.
VAT
Value added tax is payable on all taxable supplies made to entities based in the United Kingdom.
General
All work undertaken is chargeable, including telephone calls, travel, sending reminders and reporting communications. Invoices will break down the costs for you.
When money is paid abroad to overseas associates and attorneys, the costs of foreign currency transactions are passed to you without further charge.
5. Conflict of interest
All advice and opinions that you receive will not make use of knowledge or information confidential to any other client.
Work may be undertaken for two or more clients that are commercial competitors.
Where a dispute arises between two clients, or it proves impossible to act on a particular matter without making use of knowledge or information confidential to competing clients, then written notice will be sent to both parties outlining any areas where a conflict of interest has arisen. It may be that either or both clients will be advised to seek separate representation until the dispute is settled.
6. Exclusion of liability
If at any time circumstances beyond the control of Simon Walters® delay, hinder or prevent work being undertaken on your behalf, then Simon Walters® shall not be found to be liable nor in breach of any obligations or duties owed to you. In providing the Services to you, Simon Walters® has no liability to you for any indirect or consequential loss, including economic loss or loss to turnover, profit or goodwill, or the claims of third parties.
7. Files, papers and records
Files opened in connection with the Services provided to you remain the property of Simon Walters®. Papers and records will be kept in such files and you may inspect all records upon request after giving reasonable notice. Copies of relevant papers will be sent to you and additional papers and further copies can be provided at a nominal charge.
Files will be kept for at least seven years in the case of completed matters and on cessation of the Services.
Copyright in all text, drawings, artistic and literary works prepared by Simon Walters® in the course of providing the Services is retained by Simon Walters®.
8. Termination of services
To terminate work on a particular matter, you will send written notification. Upon receipt, you will continue to be responsible for all fees incurred and all fees and disbursements still due for all work done prior to such receipt.
You become responsible for complying with all future deadlines, payment of official fees, and official steps required to preserve your rights.
