Terms and conditions

Terms and conditions iconTerms and conditions

  • Terms and Conditions

    At Acapo we put our clients first. Good communication and cooperation with the client ensures that the client’s requirements are identified and met.

    1. The following general terms and conditions describe the prerequisites which must be in place in order for Acapo to undertake an assignment for a client.

    2. Unless otherwise agreed upon, these terms and conditions will also apply for repeat assignments from the same customer/client.

    3. Acapo will evaluate whether a conflict of interest exists prior to the acceptance of any assignment. Acapo reserves the right to reject or discontinue any assignment if Acapo deems that a conflict of interest is present.

    4.  As a main rule, with regards to the Money Laundering Act, there shall be a background check of the client, including verification of the client’s identity. The client is obliged to assist in this process. Please note that upon suspicion of the existence of transactions that are connected with the proceeds of criminal acts, etc., the legal firm is obliged to report the matter to ØKOKRIM, without informing the client or any third party about the matter.

    5. Our attorneys and associate attorneys operate under statutory confidentiality. Furthermore, all our employees operate under contractual confidentiality in respect to all non-public information they are privy to concerning our clients.
       
    6. The client is under obligation to inform us about any change relating to contact persons, addresses, and names, as well as ownership arrangements of registered rights such as trademark and design registrations and patents. This is to ensure a proper, timely communication flow, and the possible necessity to register such changes in any public registries. 

    7. Acapo is under obligation to inform the client of any inquiries, statements and notices from public authorities, courts, and any opposing counsel, as well as any deadline to which the client has to relate. We therefore go by the assumption that the client will provide us, in writing, with accurate, exhaustive, and timely information and instructions, and make decisions which may enable us to preserve the client’s interests in the best way possible and submit quality documentation in a timely fashion. Acapo is not liable for loss of rights which are due to absent, inadequate, erroneous, or delayed instructions from the client. 

    8. Unless a written agreement with a third party exists, we will deem the person or enterprise from which we receive instructions to be the mandator/client, and consequently the responsible party for all costs accrued in the case.
       
    9. In connection with the commencement of the assignment, the client will often have received a concrete offer or a cost estimate. Such offers and estimates serve an indicative function, and it is the actual costs which will ultimately be invoiced to the client. Discrepancies can often occur vis-à-vis received offers due to currency fluctuations, public fees and taxes, and outlays for our cooperation partners abroad. Furthermore, a case may prove to be more comprehensive than initially assumed, leading to an overrun in the estimated time schedule. 

    10. Some parts of our work are invoiced based on unit pricing and fixed fees in accordance with our current price scheme. However, most of our work is invoiced based on an hourly rate dictated by time elapsed. Prices are always listed excluding VAT. 

    11. Our fixed fees for applications for registration of trademarks, designs, and patents cover: Case generation in our case management system, bibliographical data registration, deadline generation and journaling, application form composition, conveyance and power of attorney document composition necessary for document submission, associated deadline generation and alteration, application submission, verification of public authorities’ application reception, deadline management in connection with the application, application number registration and deadline management, registration of miscellaneous formality correspondence from the Norwegian Industrial Property Office and follow-up actions of these, submission fee and claim fee payments, submission report incl. invoice to the client, miscellaneous notification correspondence depending on case type (priority, deadline continuations et.al.), as well as case completion in the database. Acapo can never guarantee the outcome of an application, since the final word rests with the relevant public authorities in each individual case.
       
    12. All time spent by Acapo in connection with the execution of an assignment will be invoiced to the client. Amongst other things, this will include meetings, meetings cancelled by the client, telephone conversations (minimum 15 minutes for each call), essential reminders, delays incurred by the client, travel (state travel allowance scale) and travel time, as well as reporting of communication which we receive as the client’s proxy in trademark, design, and/or patent cases. Furthermore, direct outlays such as public fees and taxes, as well as outlays for cooperation partners abroad and others involved with the case will also be invoiced. 

    13. We reserve the right to claim prepayment, and to halt submission of applications to the public authorities until payment of invoice has been completed. Acapo reserves the right to offset the advance against any unpaid invoice.
       
    14. In connection with reinvoicing of outlays in currencies other than NOK, a 10% expense fee surcharge will be added.

    15. Our payment terms are 14 days for Norwegian clients and 30 days for clients abroad. We also reserve the right to claim interest, pursuant to Act relating to payment delay and fees incurred by overdue payments. We furthermore reserve the right to suspend a working process for the client and withhold documents should payment remain absent over time. We reserve the right to mortgage registered IP rights upon payment defaults.  
                                                   
    16. Acapo accepts no responsibility for errors or delays perpetrated by national patent authorities or other authorities. 

    17. Acapo accepts no responsibility for loss of rights caused by stoppage or delays of transactions in connection with countries, companies or people that are on any government, bank or financial authorities’ sanctions lists.

    18. In cases where we have a consultative function outside of Norway, it is often necessary that the case is conducted by a local representative in the country in question. Acapo is buttressed with a well-established network of professional cooperation partners in most countries outside of Norway. Acapo does not assume responsibility for any errors or delays perpetrated by our cooperation partners. 

    19. Limitation of liability 
      1. In the event that Acapo has expressed their notions concerning the possible outcome of a case, this does not translate into a responsibility on the side of Acapo to achieve this result. In the event that the client is required to cover the other party’s legal costs and court fees, it is the client’s own responsibility to do so. In the event that the awarded legal costs are lower than the costs that Acapo has or will claim from the client, the client is liable towards Acapo for the remaining amount.
      2. Acapo’s liability for compensation regarding any case is limited to direct, documented financial losses. The liability is bounded above to Acapo’s liability insurance coverage. 

    20. Both parties will retain what they have obtained in terms of proprietorship, copyright, and other, relevant corporeal and incorporeal rights. This includes methods, analyses, evaluations, agreements et.al. The client may only utilize this material for purposes agreed upon, and it may not be transferred to other parties without prior consent. 

    21. Acapo may convey an invoice to a third party. 

    22. In the event that the client seeks to file a complaint against Acapo’s performance, it must be done without undue delay. If the client does not file a complaint within 60 days of the conclusion of the relevant part of the assignment in question, the client may not assert the complaint after this time. For complaints pertaining to attorney assignment, the rules and regulations of the Norwegian Bar Association apply. 

    23. Communication
      1. Unless otherwise agreed upon, all written communication will take place electronically.
      2. Instructions concerning new assignments shall be sent to our central email address: mail@acapo.no  
      3. Inquiries to the accounting department may be addressed to regnskap@acapo.no 

    24. Termination of services
      1. Notice of mutual termination of services is typically three (3) months.
      2. Acapo reserves the right to terminate the contract and/or the client relationship with immediate effect in the event that the client is unable to meet its responsibilities or obligations.
      3. In the event of a termination of services from the client, Acapo will invoice any commissioned assignments should Acapo be unable to recoup any lost time and/or revenue in another manner.
         
    25. Disputes shall tentatively be resolved through negotiations. In the event that the parties cannot reach an agreement through arbitration, the dispute will be brought before a court. The contract is regulated by Norwegian law. The legal venue is Bergen District Court. 

    26. Acapo reserves the right to alter these commercial terms upon a 30-day notice. This is also applicable for future assignments under an existing client relationship.