Intellectual Strategies (the “Firm”) and the Client agree to the following Terms & Conditions.
The Firm updates these Terms & Conditions from time to time, and such updates govern all new and ongoing matters.
The scope of this engagement includes general legal matters agreed to by the Client and the Firm, as set forth in a separate signed engagement letter (or authorized email) or as understood from the Client’s payment toward an applicable estimate, quote, retainer invoice, or similar documentation of mutual agreement. Upon mutual agreement, the Client’s representation may be expanded to include other related services. The Client is the only party represented by the Firm under this engagement. Other companies, individuals (including officers and employees, if any), and entities, even if related to or affiliated with the Client, are excluded from this engagement.
The fees the Firm bills to its clients are established according to criteria for reasonableness, including time, difficulty, skill, actual results, and urgency. The fees depend on hourly rates and/or fixed fees, which are assessed from time to time, and adjustments made during the engagement are applied to the Client’s open matters. If the scope of representation changes, the Firm may require the Client to make advance payments or deposit retainers of the estimated fees, costs and/or charges, in amounts to be determined by the Firm.
ALL FEES ARE EARNED UPON PAYMENT. The Firm can apply any advance payment/fee advance/retainer to satisfy any fees/costs owed by the Client for any open or completed matter. In addition to typical fees/costs, the Client agrees that the Firm may, at its discretion, charge additional client management fees to the Client for work performed and/or costs incurred resulting from the Client’s failure to communicate with the Firm, including actions by the Firm to try to communicate with, maintain funds for, and/or terminate the attorney-client relationship with a nonresponsive client, and other similar actions. All retainers and fee advances are considered ‘general retainers’ earned upon receipt, based on availability for contemplated representation and may be, but are not required to be, held in trust or escrow until invoiced.
The Firm may incur various costs and assess other charges (“Expenses”) in providing services to the Client. These Expenses may include filing fees for the USPTO and foreign patent offices, fees charged by foreign associates, fees charged by third party consultants, costs of office services, and other expenses. THE CLIENT AGREES TO PAY ALL EXPENSES IN ADVANCE. The Client also agrees that the Firm may, at the Firm’s discretion, arrange for the Client to be billed directly by third parties for any such Expenses, in which case the Client agrees to make prompt, direct payments to the third parties.
For any services rendered or Expenses incurred by the Firm, the Client agrees to pay the full amount (or an estimated amount) IN ADVANCE of the date services are commenced (“Payment Due Date”). ANY BALANCE OWED AFTER THE PAYMENT DUE DATE SHALL BE CONSIDERED AN EXTENSION OF CREDIT TO THE CLIENT, AND THE CLIENT: (1) AUTHORIZES THE FIRM TO REQUEST A CREDIT REPORT FOR THE CLIENT AND/OR ITS PRINCIPALS, (2) AGREES TO PAY A SURCHARGE OF UP TO 10% AS CONSIDERATION FOR THE EXTENSION OF CREDIT, (3) AGREES TO PAY REASONABLE DAILY INTEREST CHARGES OF UP TO 1.50% PER MONTH (COMPOUNDED MONTHLY) FOR ANY BALANCE DUE AFTER THE PAYMENT DUE DATE, AND (3) AGREES TO PAY A SURCHARGE OF 43%, OR THE HIGHEST RATE ALLOWABLE BY LAW, FOR ANY COLLECTION EFFORTS. the Firm reserves the right to withdraw as the Client’s counsel in any or all matters of the Client if any invoice is not paid by the Client in a timely manner. The Client acknowledges that the total of fees and Expenses may be substantial and cannot always be determined in advance. Therefore, the Firm requests that the Client notify the responsible attorney within five (5) calendar days of the date the invoice is mailed, if the Client has any objection to, or question about, any invoice.
The Firm will keep the Client apprised of material developments to perform the scope of services and will consult with the Client to ensure the timely, effective, and efficient completion of the work. The Client agrees to RECEIVE EMAIL COMMUNICATIONS and MAINTAIN CURRENT CONTACT INFORMATION FOR USE IN ALL OFFICIAL MATTERS. FAILURE BY THE CLIENT TO MAINTAIN CURRENT CONTACT INFORMATION, OR FAILURE TO PROVIDE COMPLETE AND TIMELY INSTRUCTIONS TO THE FIRM, MAY RESULT IN A COMPLETE LOSS OF RIGHTS. The Firm will not perform work without specific instructions for each matter, unless the Client provides beforehand a general instruction and maintains a sufficient retainer to perform such work and incur related costs.
The Client may use any of the following methods for payments to the Firm: (a) application of funds held in the Firm’s trust account for prepayment of fees, (b) ACH transfer or other automated deduction from the Client’s designated account, (c) paper check (subject to an applicable verification period), or (d) credit card, provided that the manual or electronic or automated submission of credit card information to the Firm, or its designated payment processor, serves as an agreement by the Client to pay the entire amount due and authorizes the Firm to charge the Client’s designated payment method for the payment amount.
Once services are engaged, the Client recognizes they are contractually bound to the Firm for the entire fee. Any payment made by or on behalf of the Client through the use of a debit card, credit card, or other electronic means cannot be revoked or reversed in any manner by the Client.
Should the Client desire to pay fees and Expense through a credit card provided by a friend or family member, the authorized cardholder agrees to the applicable billing policies and procedures, payments, and other terms herein, with the further understanding that the cardholder authorizing payment is not entitled to any attorney-client relationship and is not automatically entitled to any confidential communications without additional authorizations by Client. Any disclosure of confidential information to the cardholder must be subject to review by the Firm to protect the Client’s right to expect full confidentiality and attorney-client privilege.
At certain stages of representation, the Firm may discount fees to the Client. Discounted fees often relate to work performed to meet statutory or regulatory requirements, or in anticipation of future benefit to the Client, but are discounted to meet present budget demands of the Client. The Client understands and agrees that discounted fees may be accounted for in future stages of work. The Client also agrees that the Firm may collect discounted portions of any fees at a later date, if the Client terminates engagement with the Firm while maintaining the benefit of the discounted work already performed by the Firm.
The Firm is engaged in matters which are legally and technically complex. The expertise required to attend to the legal matters for which the Firm is engaged may benefit from the assistance of third parties who are not directly employed by the Firm. The Client agrees that the Firm may engage the services of third parties, including domestic and foreign counsel (i.e., attorneys or agents), for legal and/or technical assistance in the representation of the Client. The Client shall have an independent relationship with the other counsel (i.e., separate from this Firm’s representation of the Client). The Client shall be fully responsible for direct payment of the third party’s fees, costs and charges, even though the Client might have no direct communication or coordination with the third party.
The Firm has expertise from representation of various clients, some of whom may focus on the same or similar business areas. While some matters do not involve an adverse party, other matters potentially could present a conflict of interest now or in the future. It is possible that work performed for one client potentially may impact work performed for another client where the Firm cannot identify beforehand such a conflict. If a conflict arises between two or more clients, then the Firm will either seek further permission to proceed or will withdraw from representing one or both clients in the affected matters. Depending on the nature of the conflict, the Firm may not be able to specify the reason for withdrawal. If a dispute arises and persists between two or more current clients of the Firm, the Firm will not represent either client in that dispute. If a current client of the Firm proposes to enter into a business transaction with another current or former client, the Firm will represent a current client adversely to another current or former client in that transaction only as permitted by the applicable laws and rules governing attorney conduct. If the Client is presently aware of any parties with whom the Client expects to be directly adverse in the near future, please notify the Firm so that the Firm can evaluate potential conflicts of interest.
The Firm will not use any of the Client’s confidential information on behalf of any other client and will, where practical, limit internal disclosure of a client’s confidential information.
The Client understands that legal matters are inherently unpredictable due to changing laws and regulations, governmental involvement, and numerous other factors. The Client acknowledges that the Firm DOES NOT AND CANNOT GIVE ANY ASSURANCE, GUARANTEE, OR WARRANTY REGARDING SPECIFIC PERFORMANCE, RESULTS, OR OUTCOMES from this representation and that the Client’s decision to retain the Firm is not based upon any representation by the Firm, or belief on the Client’s part, that any particular outcome will or will not result.
The Client agrees the Firm may publicly disclose that the Firm represents the Client. Typically, the USPTO also makes such relationships public.
The Client may, at any time and for any reason, terminate this engagement, either entirely or for a particular matter or matters handled by the Firm. The Firm also may do so. If the relationship ends before the work is completed, the Client will remain responsible for paying all fees, costs and charges incurred prior to termination or any fees, costs and charges incurred thereafter to transfer representation or protect the Client’s interests.
The Firm does not anticipate any disagreement with the Client about the quality, cost, or appropriateness of the Firm’s services. If such a concern arises, please notify the Firm immediately so that the Firm can attempt to resolve any disagreement in a fair and amicable manner. If it is not possible to resolve a disagreement ourselves, then the Firm and the Client hereby agree that all disputes or claims of any nature whatsoever, including but not limited to those relating to fees, costs, charges, the quality or appropriateness of the Firm’s services, and claims of malpractice or breaches of fiduciary or non-fiduciary duties, shall be resolved by confidential binding arbitration according to applicable laws of the State of Utah.
If any section of this agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of this agreement shall continue in effect.
The Client may consult with other legal counsel about these Terms & Conditions before entering into any agreement with the Firm, and the Client agrees that it is voluntarily engaging the Firm. These Terms & Conditions constitute the complete and entire agreement between the Client and the Firm relating to the engagement of the Firm for legal services—there are no other agreements, inducements, promises, representations, or understandings, oral or otherwise—except for any non-conflicting terms set forth in an applicable estimate, quote, or retainer invoice provided by the Firm. This agreement may be assigned by the Firm. This agreement is governed by the laws of the State of Utah.
26 S Rio Grande Street #2072
Salt Lake City, Utah 84101