Terms of Engagement

These terms apply in respect of all services provided by Wildbore & Gibbons to their clients unless (in respect of any particular client or any specific instruction), any variation or supplement to these terms is specifically agreed in writing between Wildbore & Gibbons and the client in question.

1. Fees and Charges

1.1 Our fees are calculated chiefly by reference to the amount of time that we spend in dealing with the matter in question. The charging rates for time spent vary, depending on the seniority of the persons involved and the nature of the work undertaken. A charge will normally be made for advice given verbally, whether given during a meeting or by telephone. There are also standard charges for various matters that may be attended to on your behalf, particularly those involving the completion of an official form or making entries in our records. Calculated on this basis we believe our charges to be fair and reasonable for the services provided in all the circumstances of a particular case.

1.2 Only in very limited circumstances can our charges be agreed in advance. Normally, due to the nature of the work we undertake, it is not possible to provide fixed price quotation. Unless, exceptionally, fees are clearly agreed in writing as being a fixed sum, any indication of likely costs is an estimate only, exclusive of VAT and subject to change as matters progress and the full amount of work becomes apparent. The level of fees will be advised to clients on request as matters progress and we shall keep you advised of developments by telephone, e-mail or letter.

1.3 Figures estimated or quoted will not cover work outside the original instructions, or work that could not reasonably have been foreseen, for which an additional charge will be made.

1.4 Disbursements incurred in carrying out the work will be added to the account, including official fees, costs of telephone calls, fax transmissions, and obtaining copies of published documents, travel expenses, courier charges, bank charges, barristers’ fees and overseas associates’ fees.

2. Payment Terms

2.1 All invoices are due for payment on receipt and we shall expect payment within 30 days. We reserve the right to charge interest at 1.25% per month on outstanding sums which are not paid within 30 days of the date of the invoice.

2.2 At our sole discretion we may require a payment on account of all or part of anticipated fees and disbursements before any work or further work is undertaken.

2.3 If any request for payment on account or settlement of an interim account is not met on time, we may cease further work on that matter and any other matter being handled by us for the same or an associated client. In such circumstances, we accept no liability for the effects of delays or for any other loss or damage suffered as a result of our non-compliance with instructions.

3. Lien

3.1 Without prejudice to any other rights or remedies that we may have, we shall have a general and particular lien over any of our client’s property or assets (including, without limitation, deeds, documents and papers) coming into our possession or control or that of our agents for all amounts of liabilities whatsoever due, or becoming due, to us from our client.

4. Responsibility and Liability

4.1 We shall exercise due skill, care and diligence in carrying out work on behalf of a client. Our duty to our client does not extend beyond the instructions that we have agreed to carry out and we shall not have any non-contractual duty to our client which exceeds our contractual duty to carry out the instructions that we have agreed to perform.

4.2 Notwithstanding 4.1 above, we reserve the right to permit an application for registered protection, an opposition or any other on-going matter to lapse or terminate if, following reasonable efforts to obtain instructions, no instructions have been received. Our normal charges will be invoiced to the client for all work undertaken until such time as instructions not to continue are received or the application, opposition or other on-going matter lapses or terminates due to lack of instructions.

4.3 Instructions should be given, wherever possible, in writing by letter or electronic mail. Nevertheless, where verbal instructions are accepted as referred to in 4.4 and 4.5 below, such instructions shall form the basis of a contract and be subject to charges on the usual basis indicated above.

4.4 Verbal instructions can be accepted, but in the absence of written confirmation from you we may, at our sole discretion, either confirm in writing to you our understanding of your verbal instructions and proceed on this basis or seek written confirmation from you before proceeding.

4.5 No responsibility can be accepted for errors or omissions arising from misinterpretation of verbal instructions not confirmed in writing by you.

4.6 We reserve the right to decline to accept any instructions at our sole discretion and we reserve the right to decline to continue to act in any specific matter or for any specific client on reasonable prior written notice for any reason.

4.7 We shall only be liable to our client and not to any third party.

4.8 We shall not be liable for any misuse of confidential information, or loss of confidentiality, resulting from the use of e-mail for sending or receiving confidential information, because of the inherent lack of security for that mode of communication.

5. Data Protection

5.1 Details of and about our clients’ Trade Marks, domain names and design registrations are kept on computer. Some of this information is used so that we can send out information about our services and recent developments in Intellectual Property law and practice.

5.2 Any client who does not wish to receive such information from us should notify us and we shall ensure that the client’s name is removed from our database for this purpose.

5.3 Following completion of any matter, it is our policy to send our physical file on the matter to archive, where it will be kept for a period of six years and thereafter destroyed. The file will be retrievable at any time during the six year period on payment of the storage company’s costs.

5.4 Our database is copyright. In our sole discretion, we may give a client access by electronic means to that part of the database which relates to its intellectual property.

6. Governing Law and Jurisdiction

6.1 This contract and any contract for the provision of services by us to our client shall be governed by and construed in accordance with English law. Both parties submit to the exclusive jurisdiction of the English Courts, unless otherwise agreed.