Terms of Engagement

This page sets out the basis on which we supply our services and we shall assume that you are agreeable to these if you decide to instruct us to do work on your behalf. Any variations will need to be agreed by both parties in writing.

Our Responsibility for Your Work

We shall endeavour to carry out work that you ask us to perform in accordance with the highest standards. We believe that an important feature of our service is our willingness to perform work with the minimum of administration, exchange of letters and paperwork. However, where you give us instructions by word of mouth and these instructions are not confirmed in writing, we shall have no liability in the very unlikely event of any misunderstanding arising between us.

We shall take all reasonable action in connection with applications for and maintenance of registered Intellectual property rights, such as Patents, Trade Mark Registrations and Design Registrations, and you will pay our fees in respect of such actions. Where substantial work or expenditure is needed we will normally endeavour to consult you in advance so that you can decide, with the benefit of our advice if required, how to proceed. If we are unable to consult you, e.g. because of an emergency or because you cannot be contacted, we reserve the right, at our discretion, either a) to take, at your expense, what action is best for you to preserve the intellectual property rights on your behalf; or what other action we think you would like us to take or b) to abandon the rights if we feel unsure about your willingness or ability to pay for the action.

Our Fees

From time to time we may also have promotional fixed price special offers. For other work, where no fixed price has been agreed, our fees will be based on our scale of charges, a copy of which is available on request. Typical costs incurred in respect of work for which no fixed fee has been agreed are set out in our information sheets, copies of which are also available on request. However it must be understood that it is impossible to predict the complexity of most jobs in the field of intellectual property and that the actual cost of any particular job may vary (in either direction) dramatically from a typical example.

TPT takes great pride in its cost effectiveness and as a result a large proportion of our fees may be in respect of disbursements paid out to other organisations such as foreign associates and Patent offices. We may therefore decline to take an action or suspend work on a job until a payment on account is made.

To safeguard your rights outside the UK we keep funds in a number of foreign currency deposit accounts and have standing instructions to keep rights alive as an emergency failsafe mechanism if instructions have not been received in the foreign country. We expect you to honour any costs incurred in the very unlikely event that the failsafe mechanism is used for your behalf.

You will settle all invoices within a period of thirty days from issue and we may charge interest in connection with any sums outstanding after that date.

Authorisation of TPT as Your Agent

So that we can represent you in proceedings at various Patent Offices, Trade Mark offices, courts and other official bodies we may need you to sign special "Power of Attorney" forms. However, increasingly, patent offices are dropping the requirement for these and are taking it on trust that a qualified patent or trade mark attorney is acting on behalf of someone he says is his client. It is agreed that you authorise us and our officers to act on your behalf and as your agent in connection with all matters on which you have instructed us. This authorization can be terminated at any time by either party.

Indemnities

You indemnify us and our officers against any costs, loss, expenses or damage that we or they may incur as a result of acting as your attorney, agent or litigator.

Ownership of Material Prepared in Connection with Your Work

All paper and other media carrying information relating to your work will belong to TPT. When we consider that media or information is no longer of value to you we may destroy or delete it. Copyright in documents and other matter supplied to you will not be transferred but you will be entitled to use it for the purpose that it is supplied.

Complaints

In the highly unlikely event that you might have any complaint in connection with this agreement or our services to you, you will first discuss the matter with our Director in an endeavour to find a mutually satisfactory solution. Failing that, you may make a complaint to the Legal Ombudsman. The Legal Ombudsman may be contacted by email at [email protected] or by telephone on + 44 121 245 3050.

Applicable Law

This agreement shall be construed in accordance with the laws of England and the parties agree that the English Courts shall have exclusive jurisdiction to settle any dispute.