Terms and conditions
Terms and Conditions
At Acapo we put our clients first. Good communication and cooperation with the client ensures that the client’s requirements are identified and met.
All our employees are bound to observe professional secrecy, which guarantees that all enquiries are handled with confidentiality. This includes all knowledge that we acquire through our work for a client.
To make sure that our cooperation with clients is maintained, we have listed below some important terms and conditions for our mutual cooperation:
1. The client is always responsible for informing us in relation to any change regarding contact person, address, ownership, etc. This is to ensure a good and timely flow of communication and since there may be a need to register such changes in official registers.
2. Acapo is responsible for informing the client about communications from the patent and trademark authorities, courts, counter parties, and others, as well as deadlines which the client must adhere to. We therefore request that the client provides us with accurate, exhaustive and timely information and instructions in writing. This is a prerequisite for us to be able to provide timely and accurate information. We are not responsible for loss of rights which are caused by the lack of or correct information or overdue instructions received from the client.
3. Unless we have a written agreement with a third party, we will always consider the instructing party as our principal/client and therefore also as the one responsible for costs and payments in the case.
4. At the start of the case the client may have received an offer or an estimation of the costs. Such offers and estimates are only intended as guidance. It is the resulting actual costs incurred in relation to the specific case which will be invoiced. Deviations can often occur since costs can be connected to variations in currency, official fees and fees to foreign associates. Furthermore, the case may prove to be more extensive than initially assumed.
5. Although some of our work is billed according to fixed fees, but the majority of our work is billed at hourly rates according to the actual time consumption.
6. Our professional filing fees for trademark- , design- and patent applications will typically include the following: Setting up the case in our administration system, entering data, docketing deadlines, preparation of the application form, drawing up Deed(s) of Assignment and Power(s) of Attorney which are necessary for filing of the application, setting up and amending accompanying deadlines, filing of the application, checking receipt by the authorities of the application, handling deadlines in connection with the application, registering the application number and connecting deadlines, registering diverse formal letters from the relevant patent and trademark authority, and following up as required, payment of the application and claim fees, filing of our report and invoice to the client, diverse notice letters depending on the type of case (priority, deadline for filing national phase, validation, etc.), as well as finalization of the case in our database.
7. Furthermore, we will invoice clients for all time spent in connection with prosecution of a case. This includes but is not limited to: meetings, phone calls, reminders, reports of the communication we receive as the client’s attorney. Additionally, we also invoice direct expenses such as fees, charges and expenses to foreign associates and others in connection with the case.
8. In certain cases that will incur large expenses, we may require pre-payment. Moreover, pre-payment may be required in cases where a client has previously been a bad debtor, or where the client is in a poor financial position.
9. There will be a 10% surcharge in connection with invoicing expenses incurred outside Norway.
10. Our standard payment terms are 14 days for clients in Norway and 30 days for foreign clients. If payment is not received within the term we will send you reminders and statement of accounts. In some cases we will also consider seeking recovery of outstanding funds via a debt collection agency. We reserve the right to collect interest and surcharges if payment is overdue. Furthermore, we reserve the right to suspend further work for the client and withhold documents until we receive payment.
11. Acapo does not assume responsibility for mistakes or delays caused by national or international patent and trademark authorities, or other authorities.
12. In some cases where we assist a clients outside of Norway we may have to use a local counsel in the country in question. Such cooperation is in many cases necessary when authorities in the countries in question require a local representative. Acapo has a well-established network of professional agents outside Norway. However, Acapo does not assume responsibility for any mistakes or delays caused by our cooperating associates.