TITLE TRADE MARKS COST AGREEMENT AND DISCLOSURE STATEMENT
Thank you for ordering trade mark services through our website at URLs www.titletm.com, www.titletrademarks.com, www.titletrademarks.com.au, www.titletrademark.com, and www.titletrademark.com.au (collectively, the Website).
Below are the Terms of Engagement by which all of our lawyers and trade mark attorneys must adhere. While the contract will be with you and your allocated lawyer or trade mark attorney directly, for ease we facilitate the distribution of the Costs Agreement and Disclosure Statement.
- The Terms of Engagement are comprised in:
- This Costs Agreement and Disclosure Statement;
- Terms and Conditions listed under heading Annexure A;
- Pricing Page (located here ); and
- The Terms and Conditions exhibited on our website and on your invoice, (collectively, the Terms).
The Terms disclose the information required to be given to you under Division 3 of Part 4.3 of the Legal Profession Uniform Law (Vic) (the UniformLaw) and include the basis on which the fees are estimated for your matter.
Your acceptance of the Terms and continued instruction of your Title Trade Marks Expert will constitute a costs agreement for the purposes of Part 4.3 of the Uniform Law.
Scope of Work
- The scope of work will be those services outlined on your Payment Summary Page (the Work). If this is not correct, please notify us as soon as possible.
The basis on which our charges will be calculated
- Our TitleTM™ Experts’ charges (excluding disbursements/out of pocket expenses) will be calculated in accordance with the fees listed in the Pricing Page . In the event there is an opposition or objection to your trade mark application, we will need to charge on an hourly rate as outlined in the Pricing Page. At our TitleTM™ Expert’s discretion, it may be necessary to involve additional lawyers if your trade mark matter cannot be easily resolved. If this is to occur, we will provide a revised costs estimate.
- If you would like any further information in relation to the Pricing Page, please let us know.
- The Pricing Page may change from time to time. We will notify you as soon as practicable of any change which occurs while we are performing the Work.
- In providing services to you, it may also be necessary for our Experts to incur other fees, expenses and charges, including Trade Mark Office filing fees, Barristers’ fees, experts’ fees, bank charges, travel expenses, stamp duty, courier fees, long distance telephone charges, photocopying fees and company and other search fees. For any disbursements aside from Trade Marks Office fees, we will seek your consent. For the Trade Marks Office fees you provide your irrevocable consent for your TitleTM Expert to immediately upon payment apply the money we have on trust for you to Trade Marks Office official fees when you apply for a trade mark.
- The fees, expenses and other charges our Experts incur on your behalf are referred to as disbursements. We will charge you at cost for any disbursements our Experts incur on your behalf. You must pay reasonable disbursements, including GST (Goods and Services Tax), incurred by us on your behalf either on demand or at the conclusion of this matter.
- We may also request that you provide us with payment in advance of our Experts incurring a disbursement on your behalf. These funds will be held in our trust account located in Victoria until payment of the disbursement is required.
- If there are disbursements to be incurred that are unusual, our Experts will seek your instructions before incurring the expense.
- We estimate the total amount of costs for each stage will be those listed on the Payment Summary Page when you order our services if there are no objections or oppositions. Please note that trade mark application fees are payable on a ‘per trade mark class’ basis. It is important that you ensure you make yourself aware of these costs, they are listed on the Website.
- This estimate of total legal costs is NOT BINDING on us or our Experts, as the work required may change, but is our best estimate at this point in time. The estimate is based on our current understanding of the present circumstances of this matter. If the scope of this matter or your instructions to our Experts changes in a way that results in a significant change to anything we have previously disclosed, including this estimate, we will revise the estimate as soon as practicable.
- You have the right to:
- Negotiate a Costs Agreement with us. You may want to seek independent legal advice before agreeing to the legal costs we propose to charge in this matter.
- Negotiate the billing method with us.
- Receive a Bill of Costs from us.
- Request an itemised Bill of Costs within 30 days after receiving a bill that is not itemised, or is only partially itemised, from us.
- Be notified of any significant change to the basis on which legal costs will be calculated or any significant change to the estimate of total legal costs.
- Seek the assistance of the designated local regulatory authority (Victorian Legal Services Commissioner) in the event of a dispute about legal costs.
- By accepting this offer, you acknowledge that you have read and understood the basis on which our Experts will undertake the Work, and have consented to the estimated legal costs.
- You also acknowledge that monies paid through the Website will be immediately allocated to the amount invoiced at the payment summary stage. Any filing fees will be held in a Victorian legal trust account until they are applied to your trade mark filing. By submitting payment, you agree that your trust monies may be allocated this way.
Acceptance of offer
- If you accept this offer, you will also be regarded as having entered into a costs agreement with us and your delegated Expert. This means that you will be bound by the terms and conditions in Annexure A and agree to be billed in accordance with the Terms. Acceptance may be by any of the following ways:
- Clicking the “Accept Terms and Conditions” icon the Website when you order services;
- Signing and returning the enclosed duplicate or another copy of this letter by hand, post or electronically;
- Not signing and returning this, but nevertheless giving us instructions after receiving this letter;
- oral acceptance; or
- email acceptance.
Should you not understand any aspect of this document, please notify us immediately.
Title Trade Marks
ABN 85 787 274 728
ANNEXURE A – TERMS AND CONDITIONS
The basis on which our charges will be calculated
Our experts’ charges will be calculated in accordance with the rates outlined in the Pricing Page that forms part of this Agreement with you.
We will not charge the hourly rate unless there is an objection, opposition or other impediment to your trade mark application or registration. Our experts’ hourly rate, and all other rates, are reviewed from time to time and may change. We will inform you of any change as soon as practicable after it occurs.
Payment of disbursements
We will charge you at cost for any disbursements we, or our experts, incur on your behalf. You must pay disbursements, including GST (Goods and Services Tax), incurred by us or our experts on your behalf either on demand or at the conclusion of this matter. The ordinary Trade Marks Office filing and registration fees will be included in the payment you make at the application and registration stages respectively.
We may also request that you provide us or our experts with payment in advance of us incurring a disbursement on your behalf. These funds will be held in our trust account until payment of the disbursement is required.
If we receive money into our trust account on your behalf, you authorise us to draw on that money to pay any amount due from you to our experts in accordance with the provisions of the Uniform Law and the Legal Profession Uniform General Rules 2015 relating to the withdrawal of trust money for legal costs. You agree that only your filing fees will be retained in our Victorian legal trust account the services fees will be disbursed to our experts when they commence drafting your trade mark application.
We may give bills to you in any way specified in Rule 73 of the Legal Profession Uniform General Rules 2015. For the purposes of Rule 73, you consent to receiving bills:
- by fax to the number specified by you;
- by email address or mobile phone number to the address or number specified by you; or
- by any other means of electronic transmission, including through the payment summary page of the Website, agreed to by you and us.
We require you to, and you agree to:
- provide full and honest instructions relevant to your matter and any material change in your circumstances that might impact on your matter while our experts continue to act for you;
- co-operate in the matter and do all that we or our experts reasonably request of you in a timely manner;
- accept and follow our experts reasonable legal advice; and
- provide funds in advance in accordance with this Agreement or some later arrangement.
If you fail to comply with any of these conditions, we have the option to terminate this
Agreement by advising you of termination in writing.
Payment of our charges
Interim Bills of Costs will be given to you at various intervals if we are charging you the hourly rate and a final Bill of Costs may be given to you at the conclusion of the matter. Otherwise, payment is due when indicated on our Website and email communication. Our accounts are immediately due and payable.
If a bill remains unpaid 30 days after you receive it, we may charge you interest at a rate not exceeding the Cash Rate Target, as fixed by the Reserve Bank of Australia, plus 4 per cent, at the date the bill is issued.
If you do not pay our bill, we may be entitled to exercise a common law right known as a ‘solicitor’s lien’. The lien allows us to retain your documents until our bill is paid.
If we cease to act for you or you stop using this law practice
Circumstances may arise (such as a conflict of interest) that make it impossible for our experts to continue to act for you. Our experts may also cease acting for you if you breach your obligations as set out in above.
We will notify you immediately if any of the above matters arise.
If our experts cease to act for you:
- our experts will take steps to remove our name from the Court record in any Court proceedings;
- you will receive a final account which will include all outstanding legal costs;
- you must pay our experts’ legal costs up until the date our experts cease to act; and
- we may retain your file and keep your documents until we are paid, subject to any other statutory requirements.
If our experts cease to act for you during the course of this matter and before there is an outcome, then all legal costs incurred up to the date of the termination will be charged.
You may end our experts engagement by written notice at any time. If this occurs, then all legal costs incurred up to the date of the termination will be charged but without any uplift fee being applied. Depending on circumstances, our experts may be entitled to exercise a right to a solicitor’s lien by retaining documents relating to any matters our experts are conducting on your behalf.
Seeking independent legal advice
You are advised to seek independent legal advice prior to signing this Agreement or otherwise agreeing to the terms of this Agreement.
I ACKNOWLEDGE that I have:
- read and understood the Disclosure Statement pursuant to Division 3 of Part 4.3 of the Uniform Law; and
- read, understood and approved this Agreement and all Terms; and
- am aware of my right to get independent legal advice before entering into this Agreement; and
- agreed that I may sign and return this Agreement in any of the following ways:
- sign the Agreement and return it to Title Trade Marks by hand, post, electronically or other method;
- reply electronically to Title Trade Marks stating that I agree to the terms and acknowledgements set out in the Agreement received and for the email which contains my printed name or signature to be my signature in the Agreement;
- type my name into the Agreement and confirm by email to Title Trade Marks that it should stand as my signature in the Agreement;
- click the accept Terms and Conditions ticked boxes on the Website; or
- any other method in writing that would identify me as the client and my intention that I wish for my signature to be noted as being applied in the Agreement.
Your right to request a written report on legal costs
You have a right to request a written report of the legal costs incurred to date or since our
experts’ last bill (if any), and our experts must provide such a report within a reasonable period
and without charge.
If you have a concern about our legal costs
If you have any concerns about our Experts’ legal costs, please do not hesitate to contact [email protected] This is because it is important to us that, in consenting to the proposed course of action for the conduct of your matter (in particular the proposed costs), you are informed and understand the issues involved.
For more information on your rights, please visit the website of the Victorian Legal Services Board and Commissioner.
Your documents may be destroyed after seven years from the date of our experts’ final bill unless you write to us requesting retention for a longer period. At the end of the matter, and provided our experts’ invoices are paid in full, our experts will release your file and your documents as you direct.
The Uniform Law as applied in Victoria is applicable to legal costs in this matter. This applies regardless of where you or your expert is located within Australia.
Engagement of another lawyer or law practice
In providing legal services for you, it may be necessary for our experts to engage another law practice (including Barristers) to provide specialist advice or services.
Our experts will consult you about the terms of these engagements before incurring the expense if this is outside of the cost estimate. Our experts will provide you with a statement setting out the rates and estimated costs of any other law practice they propose to engage as soon as the retained law practice provides this information to us.