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Engagement Terms |
| The following terms are for the purpose of providing general information only. The practice of our firm is to provide new clients with an engagement letter specifically setting forth the specific terms of engagement, as required by the New York State Office of Court Administration, and which may differ from the terms set forth below. We also reserve the right to change these terms. | ||
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Scope: We are pleased to provide services such as patentability studies, patent application preparation (provisional, utility and design), patent prosecution, patent licenses, patent infringement and validity opinions, right-to-use analyses, or other intellectual property services. |
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Cost: The cost of a patent application or other legal service provided by our firm is highly dependent upon the amount of information provided by our clients; including both in the quantity and quality of information, the form in which we receive the needed information etc. We will, in most cases, provide an estimate of the cost for services that our clients request. Our firm also employs a fee schedule for standard services to assure consistent costs, and such standard fees will generally be reflected in addition to the the estimated time for services. Such estimates may also identify government filing fees. |
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Retainer: Our firm requests a retainer covering estimated disbursements and/or standard charges before beginning work, with payment for services rendered being invoiced periodically during and upon completion of the work. The retainer should be in the form of a check, payable to Basch & Nickerson LLP Trust Account, and will be deposited into an escrow account. We will draw from the account amounts to reimburse actual disbursements. If you request, you will receive a statement documenting any disbursements from the account. Any outstanding balance remaining after drawing from the escrow account will be due and payable when services are completed. Please be advised that no interest will be paid on funds in the Basch & Nickerson LLP Trust Account. |
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Payment: In exchange for the services set forth in the engagement letter, or as otherwise requested by our clients, our clients agree to promptly pay for services rendered at the rates specifically set forth in the letter. Those rates may be modified upon notice to our clients. Payment for all invoiced fees is expected within fifteen (15) days of the invoice date unless alternative arrangements are agreed to in advance. Should any balance in our client's account become overdue, we may charge interest on the outstanding balance at a rate of up to nine (9) percent annually. Any collection efforts by our firm, such as correspondence or Writs of Execution, will create additional fees and costs to you on the same basis or rate stated above. The firm may at our discretion, extend the time for payment by a signed writing. For the convenience of our clients, we also offer the ability to pay via a number of major credit cards. Should you wish, you may authorize Basch & Nickerson LLP to charge any current or past-due balance to a credit card account. |
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Fee Dispute / Arbitration: In the event of a fee dispute with the firm, whether or not the firm has already received some or all of the fee in dispute, our clients may seek to resolve the dispute by arbitration if the amount in controversy is more than one thousand dollars ($1,000.00) and arbitration is otherwise required pursuant to Part 137 of the Rules of the Chief Administrator. This, or another mutually agreed-upon fee arrangement is acceptable so long as our clients understand that if they terminate or fail to make payments, we may terminate our services and withdraw from representing them. |
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Documents: We request that our clients retain originals of any information or any documents provided to the firm. We will not be responsible or liable for any loss resulting to our clients from the destruction or loss of documents or media delivered to us. At times, we will have a need to copy or temporarily retain original documents you provide to us. In those situations, we will promptly return the originals to you when we no longer require them. You should keep all original documents as you would other important legal documents. You will retain all rights to intellectual property created by you. However, with respect to drawings or other work created in the course of delivering the services set forth herein, you will not obtain rights in any drawings or other works created unless otherwise requested and expressly provided in writing. |
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Personal/Private Information: During the Attorney-Client relationship, we may collect certain non-public personal information from our clients in furtherance of our work for them. This information may include financial and tax data. We will not disclose such information except where you have waived this right or where law or court order otherwise requires us to do so. In the event that our clients are individuals who are also employees of another company or organization, we ask them not to communicate with us using the telephone, networks, e-mail or systems of an employer, as communications using such systems may not be private and confidential. |
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Alternate Legal Counsel or Patent Agents: Our clients agree that, at our discretion, alternate legal counsel or patent agents may be employed or designated by us to appear or otherwise respond or provide the services indicated, on your behalf or undertake representation in this matter in the event that business matters necessitate such. In the event that an alternate member or attorney is employed, we will undertake reasonable efforts to notify you. |
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| No Guarantee: Our firm cannot, and does not, guarantee the result of the professional services rendered on behalf of our clients. | ||
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Outside Services: If illustrator or other expert services are required, the expert or illustrator will be compensated by the firm and you will be responsible for such disbursements unless alternative arrangements are made or agreed to in writing prior to retention of the illustrator or expert. |
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Copyright 2004, Basch & Nickerson LLP. All Rights reserved.