Pillar Patents ApS' Terms, Payments, and Imprint
1.1 These Terms of Business apply to all the work we do for you unless we agree otherwise in writing.
1.2 Where we carry out work for you after you have received these Terms of Business or been directed to them on our website, you will be deemed to have agreed to them unless you notify us otherwise.
1.3 "You" means the corporation (including, where specifically designated in our engagement letter, any subsidiary or affiliated entity), person or other entity who is our client and who instructs us.
1.4 "We" or "our" refers to Pillar Patents ApS, an “anpartsselskab” registered in Denmark (Danish Business ID [CVR] number 42871044) which provides services from its places of business at Viborgvej 872, Lading, DK-8471 Sabro, Denmark.
2.1 Any advice we give will be provided solely to you as our client and solely for the purpose for which we were instructed.
2.2 Our advice may not be used or relied on for any other purpose or by any person other than you without our express prior written agreement.
3.1 Unless we agree otherwise, we will bill you on a monthly basis and on an end of fiscal year basis. Our invoices are payable in Danish Kroner (DKK), or other agreed currencies limited to Euro (EUR) and US Dollars (USD), 30 days after the invoice date.
3.2 All payments are to be made to us by wire drawn in the currency in which our invoice is issued (or such other payment method or currency as we agree with you in writing). Applicable taxes will be added to our fees, disbursements (amounts we pay or are required to pay to a third party on your behalf), and internal charges (including charges for telephone costs, in-house photocopying and printing, online library searches and research, and corporation searches. Please note that these charges include an element of profit costs and will be billed as such.)
3.3 Except as may be required by law, all fees, internal charges and disbursements we ask you to pay us will be paid free and clear of all deductions or withholdings whatsoever.
3.4 We may ask you to pay a sum in advance for our fees and any disbursements and internal charges. If you do not meet our request, we may cease to work for you. We expect you to pay official fees and disbursements in advance.
3.5 Our hourly rates are calculated on the basis of ten six minute units per hour i.e. in minimum units of 10 minutes.
3.6 We will charge you interest at the rate set out on the relevant invoice on any amounts not paid within 30 days of the date on the invoice.
3.7 We are also entitled to keep deeds, documents and any other items we may hold for you until our fees, internal charges and disbursements are paid.
3.8 We will ask for payment of disbursements and internal charges incurred in working for you. We will add these to your invoice, or in some cases we may send you an invoice for disbursements and internal charges only, as they arise.
3.9 Any money we receive on your behalf will be placed in our trust account.
3.10 We reserve the right to return any monies received to the account from which they came.
3.11 You have agreed that we send you invoices electronically. You have waived your rights to have the invoice signed by us and delivered personally, sent by mail or left at your address.
4.1 You may terminate our retainer at any time and for any reason.
4.2 We may terminate our work for, or retainer with you if:
4.2.1 the job is finished;
4.2.2 any interim or final invoice remains unpaid for more than 30 days after the invoice date (or such other period expressly agreed with you);
4.2.3 we consider that it is not in our mutual best interests for us to continue to act for you;
4.2.4 you decide not to instruct us any longer;
4.2.5you become or we consider it likely that you will become insolvent or, in our reasonable opinion, you will have difficulty in paying us in accordance with our terms; or
4.2.6 we consider that we are unable to continue to act for professional reasons such as a conflict of interest arising, or your instructions are unlawful, unethical or impractical.
We will not cease to act for you without good reason and we will try to provide you with reasonable notice where appropriate.
4.3 You will remain responsible for all fees, internal charges and disbursements up to the date of termination and for any fees, internal charges and disbursements incurred on the transfer of your work to another firm (if applicable). Once we have sent or given you an invoice or otherwise notified you in writing of the fees, internal charges and disbursements owing to us, we are entitled to payment and may use any of your money held in our trust account. We are also entitled to keep deeds, documents and any other items we may hold for you until our fees, internal charges and disbursements are paid.
5.1 Unless you let us know otherwise, we will use e-mail to communicate with you. However you acknowledge that e-mail is not completely secure or confidential, and agree to that risk.
5.2 Unless we agree otherwise, we retain the copyright in any documents we prepare for you. You may use such documents only for the purposes for which they were prepared for you.
6.1 The information we receive from you will, of course, be kept confidential except to the extent you agree otherwise, including as permitted by paragraph 6.2, or where we are required to disclose it by law or our ethical and professional rules. We owe the same duty of confidentiality to all our clients, and it may be that while acting for another client we have received information that may be material to the job we are doing for you. You understand and acknowledge that we are nevertheless unable to disclose that information to you.
6.2 We will share your contact details, and those of your staff with whom we have contact, with necessary service providers or affiliates (e.g. annuity payments, national representatives, and professionals, …) in order to provide you with information relevant to your business, and to ensure your continuous access to publications, events and news in areas of interest to you. Where your employees supply their contact details to us, we will only use that personal data in accordance with our Privacy Statement adhering to the GDPR or as otherwise consented to by them.
6.3 We will not exchange information that will result in waiver or loss of any client privilege with other parties. Otherwise, you agree that we may exchange your information (including personal data) with other professional parties, including for the purposes of conflict checking, compliance, financial planning, billing, business development and matter management. Arrangements are in place within Pillar Patents to protect the confidentiality of the information exchanged in the same manner that we maintain the confidentiality of your information.
6.4 We will rely on you to make sure all officers, employees and agents of your organisation who give us instructions are properly authorized to provide instructions to us so that we may act on their instructions without reference to anyone else. However, if you have any special requirements (e.g., if we are to accept, or not to accept, instructions from any one person or to inform a particular person before acting on any instructions) or if you require us to follow any procedures to ensure confidentiality within your organisation, please let us know
7.1 We refer to our GPDR.
8.1 We (that is, Pillar Patents ApS) are qualified and authorized to advise only in relation to the laws and regulations of Denmark. We cannot therefore provide advice in relation to the laws of any other jurisdiction. We are however competent in forming views and legal questions to laws of other jurisdictions. We are competent in forming views and prepare cases to Regional and International laws to where Denmark is a member or party.
8.2 It may be appropriate for us to instruct professionals, service providers, and lawyers, on your behalf, in foreign jurisdictions from time to time where we do not have offices or affiliated offices while we are providing services to you. While we are happy to instruct or assist you in identifying appropriate foreign qualified lawyers for appropriate transactions, in relation to the involvement of foreign qualified lawyers you will appreciate that we cannot accept any liability in respect of the advice provided by the foreign qualified lawyers to you (whether or not that advice is routed through us).
8.3 We will instruct a foreign qualified lawyer on your behalf only after we have discussed the basis of appointment with you. The payment of the fees of the foreign qualified lawyers will be your responsibility and not the responsibility of Pillar Patents ApS.
9.1 Our Engagement Letter plus these Terms of Business contain the entire agreement between you and us. Neither of us will have any claim against the other for misrepresentation, unless that misrepresentation was made fraudulently.
9.2 If any term or provision or part of any term is held to be invalid for any reason, that invalidity will not affect the rest of the retainer.
9.3 Without necessarily being a member, we adhere to the code of conducts described by ADIPA (Danish Patent Agent Association) and EPI (Institute of Professional Representatives before the European Patent Office ).
9.4 Any matter, dispute or claim arising out of or in connection with these Terms of Business will be subject to the exclusive jurisdiction of the courts of the province referred to in the previous paragraph. However, you agree that we have sole discretion to commence proceedings against you in another jurisdiction concerning any matter, dispute or claim arising out of or in connection with our retainer with you.
9.5 If we transfer all or substantially all of our businesses to another firm (the "Successor Entity") our engagement with you will not automatically terminate by reason of the transfer. You agree that the Successor Entity is automatically appointed by you so that continuity of service can be provided to you.
Pillar Patents ApS, 31-12-2021
Pillar Patents ApS, 31-12-2021
Payments are received according to invoiced currency to:
Pillar Patents ApS using bank accounts:
Spar Nord Bank A/S
Reg. - Account: 9873 - 8730 433 582
Reg. - Account: 9873 - 8730 433 612
Reg. - Account: 9873 - 8730 433 620
Pillar Patents ApS
Poul Erik Bak, CEO
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