Terms of Engagement
1. Terms of engagement
Hello and Welcome Aboard
Subject to these terms, your acceptance of which is confirmed by your continued instructions to us, we are pleased to welcome you as a client of Girl Friday IP Pty Ltd. We look forward to working with you, to assist you with your intellectual property (IP) matters.
The following are our standard terms of engagement, the basis on which we accept instructions from, and undertake work for, our clients.
Girl Friday IP Pty Ltd is an incorporated Patent and Trade Mark attorney firm regulated by the Trans-Tasman IP Attorneys Board.
Our services and terms of engagement are compliant with the Code of Conduct for Trans-Tasman Patent and Trade Mark Attorneys 2018.
This Code of Conduct establishes the professional obligations and conduct of registered attorneys when dealing with clients. Any attorney of Girl Friday IP Pty Ltd performing work for you will have appropriate competency and be bound by the Code.
2. Client responsibilities
Client Responsibilities
2.1 So that we can act in your best interests, you agree to provide us with full and detailed information, including contact and ownership details, background information relevant to your IP matters and rights, and all other relevant matters. You also agree to review our work, provide feedback and sign-off approval in a timely manner.
2.2 We will work to ensure that we advise you of any deadlines and information required. We will work to meet any deadlines set but cannot be responsible for a missed deadline if you have not supplied the required information or instructions. Accordingly, you agree to provide us with appropriate information and instructions in a timely manner.
2.3 Failure to meet any deadlines may result in loss of your rights and/or incur additional costs. If we do not receive clear and written instructions in good time, we shall take the absence of these instructions as an implicit instruction not to take any further action and we will allow the matter to lapse. Accordingly, please keep us informed of any changes to your contact details.
3. Professional fees and charges
Professional Fees and Charges
3.1 Before starting any substantive work based on new instructions, we will endeavour to confirm our understanding of those instructions in writing and provide you with an estimate of costs. Any estimate is given in good faith based on our knowledge at the time of the instructions. Accordingly, the estimate is subject to change. However, if we become aware of any circumstances that may substantially affect the estimate, we will endeavour to contact you promptly.
3.2 Fee estimates will be provided in writing except in matters of urgency, in cases where you have explicitly indicated that this is not required, or in cases where this understanding is implicit on the basis of a long-standing relationship. Unless expressly stated, our estimates do not include goods and services tax (GST).
3.3 Our fees are based on hourly rates, pre-set scale items, or a combination of both. These rates are subject to change and are available from us upon request.
3.4 In some matters, our professional fees may be adjusted and include a surcharge in consideration of the urgency of the matter.
3.5 In matters where a foreign associate is required and engaged, we will do so as your agent. Our invoices will include our professional fees and associate fees (disbursements), along with and relevant additional charges to cover fluctuations in currency exchange rates, administrative costs and banking fees.
4. Disbursements and taxes
Disbursement and Taxes
4.1 Any disbursements such as official fees, consultants' fees, foreign associates’ charges, overseas telephone calls, postage or courier fees and reasonable travel fees (where required) will be billed in addition to our professional fees, and will be itemised separately on our invoices.
4.2 Any Goods and Services Tax (GST) that is applicable will be passed on to you and will also be itemised separately on our invoices.
5. invoices and payments
Invoices and Payments
5.1 Our standard practice is to seek funds in advance to cover anticipated fees and expenses in any new matter before any work is commenced and to seek major disbursements in advance for ongoing matters, particularly where these are likely to be of a significant order of magnitude.
5.2 Our standard payment terms is 14 days of the date of the invoice.
5.3 All payments received are not refundable in the event the work or the relationship is terminated for any reason.
5.4 Payments may be made by electronic funds transfer or credit card (on request). Please note credit card payments will incur a processing fee per transaction. The processing fee is commensurate with the payable amount and can be viewed via our payment platform.
5.5 We reserve the right to charge interest at 15% per annum on any amounts overdue, and also to initiate legal proceedings for debt recovery if any invoice is overdue by more than 30 days. Should we incur costs in connection with collection of fees or disbursements, these will be recoverable from you, in addition to the interest charges.
6. Privacy and confidentiality
Privacy and Confidentiality
6.1 Personal information that you provide to us will only be used in accordance with your instructions and to enable us to carry out our professional activities in that connection. We may disclose such information where required to, for example, IP Australia and foreign associates. Any information that is not in the public domain will be treated as confidential and, where appropriate, subject to attorney-client privilege.
6.2 Our preferred mode for routine communication is generally electronic, particularly e-mail, telephone or video conferencing. In communicating via these means, you accept, because of the possibility for unauthorised interception, manipulation and non-delivery, that security, confidentiality and data integrity cannot be absolutely guaranteed.
7. Conflicts of interest
Conflicts of Interest
7.1 Our standard practice is to seek preliminary information regarding any prospective work so that we may conduct an internal conflict check within our records. This is necessary to ensure there is no conflict of interest and that we are in a position to act for you in relation to any particular matter.
7.2 In the event we become aware of a conflict of interest at any stage, we will advise you immediately. We will also proceed to resolve the conflict as promptly as possible, following established principles of law, professional ethics, and good client relationship management.
8. Terms and termination
Terms and Termination
8.1 Failure of any client to comply with our terms of engagement may, at our sole discretion, result in temporary suspension of work, or permanent termination of the engagement.
8.2 Either party may terminate our engagement on a particular matter or generally, by giving written notice to that effect at any time. In this event, you will continue to be responsible for any costs incurred or accrued before the date of termination, in addition to any fees or charges arising from any consequential work that we may subsequently be required to do including, but not limited to, recovery of outstanding debt.
8.3 In the event of termination, we will maintain a specific as well as a general right of lien over your files. This right is ongoing and entitles us to retain possession of all files and related documents as security, until such time as all charges have been rendered, all accounts have been settled, and all other obligations have been satisfied.
9. Additional terms
Additional Terms
Variations of Terms
9.1 We reserve the right, at our sole discretion, to change, modify these terms of engagement, from time to time.
9.2 In the event that any revised terms include any material change to your existing rights and obligations or the material terms of engagement, we will alert you by email at least seven (7) working days in advance.
Governing Law
9.3 These terms will be construed in accordance with, and governed by, the laws of Western Australia.