Terms of business
These terms and conditions apply to all instructions for professional services (hereinafter called “assignments”) that LAW OFFICES PATRINOS & KILIMIRIS (hereinafter called “P&K”) provide or have been requested to provide to third parties (hereinafter called “Client”).
All assignments by Clients will be deemed to be accepted solely by P&K, even if the assignment has been received and accepted by an employee or representative of P&K.
All below terms and conditions shall also apply in respect of employees, advisors, partners or members of P&K.
Unless otherwise agreed, P&K may engage third parties to carry out an assignment received by the Client. While P&K shall endeavor to select third parties providing a high standard of services, P&K is not liable for failures or errors of such third parties and any damages resulting therefrom, save failure by P&K to apply good care and attention in engaging a third party.
Any deviation from the present terms and conditions will only be valid if agreed in writing. In all other cases any assignment between P&K and the Client will be deemed to be subject to the general terms and conditions
The Client will provide P&K with clear, accurate and timely written information and instructions necessary for handling an assignment. Unless otherwise agreed in writing, the person or entity providing instructions to P&K will be deemed to be the Client. If the Client requests that invoices be rendered in the name of another entity, P&K will do so. However responsibility for the payment of such invoices will remain with the Client.
P&K reserves the right to request advance payments for the execution of an assignment received by a new Client. In such cases, P&K will not be liable for non-execution of an assignment until such payment is received.
If the Client fails to provide P&K with clear, accurate and timely information, instructions, or payment (if applicable), necessary for executing an assignment, P&K will not be liable for non-execution of the assignment or non-compliance with an official time limit imposed by the patent or trademark office or by law.
Communication between P&K and the Client will be made electronically through e-mail, unless otherwise agreed in writing.
An assignment will be considered accepted upon written confirmation by P&K or after P&K has initiated work on such assignment including the provision of any legal advice or assessment of a matter or written confirmation that P&K has no conflict of interests in this matter.
P&K shall not be liable for non-execution of an assignment, which has not been explicitly instructed and accepted.
Any order to take action or pay fees before the Greek patent or trademark office received on a working day after 12:00 CET will be handled by P&K the next working day.
P&K shall handle an assignment to its reasonable best efforts, skill, care, diligence, integrity, timeliness and objectivity, while observing the law and the Firm’s duty to any Court or Tribunal. However, under no conditions will P&K be bound to achieve an envisaged result and does not guarantee doing so.
The Client must promptly notify P&K on any changes regarding its address and communication contact. P&K will not be held responsible for not carrying out assignments promptly, if P&K is unable to reach the Client due to changes in address or contact , which have not been notified to P&K.
P&K will keep confidential the information received by the Client in relation to an assignment and the advice provided to the Client and shall not disclose such confidential information unless this is required by law or regulations.
P&K may disclose to third parties the names of its Clients, unless instructed on the contrary.
Unless otherwise agreed, P&K will charge the Client a fee based on the professional time spent on a matter. The hourly rates charged by P&K are primarily based on the seniority and experience of the professional staff performing an assignment. These are reviewed periodically and are available upon request.
Unless otherwise agreed, all actions and attention related to the execution of an assignment are chargeable. This may include receiving and forwarding communication from foreign associates or third parties, attending teleconferences and meetings, travelling etc.
In addition P&K applies fixed fees for certain matters. P&K’s schedule of charges relating to such fees is available upon request.
If requested, P&K will provide the Client with an estimate before proceeding with an assignment. Such estimate will be calculated on the basis of good faith knowledge existing at the time and, unless agreed to the contrary, will not be binding.
The Client will be responsible for any expenses incurred on his behalf. This may include indicatively official fees, court fees, fees for serving legal documents, courier charges, investigations, translations, long-distance telephone calls, travel expenses and the fees and expenses of third parties, including experts.
P&K will invoice as appropriate during or at the termination of the assignment performed for the Client. All invoices issued by P&K must be paid within 60 calendar days of the date of issuance of the invoice regardless of the result of the work done. Any bank charges and disbursements shall be carried out by the Client.
In case of unsettled invoices which have remained unpaid for a period over 60 days , P&K reserves the right to delay all future work for the Client, until complete payment of the invoices has occurred, and/or to terminate its agreement with the Client, while the duty of the Client to pay the amount already due and any commercial interest thereon provided by law, remains unaffected.
Disputes of whatever nature do not give the Client the right to deny or delay payment of invoices issued by P&K.
If the Client considers P&K in breach of its obligations relating to an assignment, the Client will notify P&K accordingly in writing within 10 days from the reasonable time by which the Client became aware of such breach. Failure to provide such notice to P&K will result to the Client’s right to invoke such breach deemed surrendered.
P&K shall not be liable or deemed to be in breach of duties and obligations to the Client in case that P&K is prevented, delayed or hindered to comply with such duties by circumstances beyond its reasonable control.
P&K warrants that P&K, its partners and associates are and will continue to be insured against professional liability.
P&K’s liability, on any ground whatsoever, relating to execution of an assignment, will be limited to the amount that is awarded under the professional liability insurance maintained by P&K. Information on P&K’s professional liability insurance plan is available upon request.
P&K will take reasonable care to ensure that, to the best of its knowledge and belief, there are no relevant facts or circumstances, which could give rise to a conflict of interest, with the Client and will not knowingly act for or against another Client in a matter involving an active dispute with the Client without his written approval and the written approval of the other Client. The mere fact that a Client is a competitor to another Client, will not prevent P&K in acting, unless agreed to the contrary.
If a conflict of interest exists with another Client, or arises in the course of an assignment, P&K reserves the right to ask the Client to seek advice elsewhere and provide any reasonable assistance necessary.
If a Client’s assignment is restricted solely or related to the translation and/or validation of a European patent or to patent annuity payments, that assignment will not be deemed to constitute a conflict of interests.
Each party is entitled to terminate the agreement with immediate effect. The termination of the agreement must be notified to each party in writing. The Client in any case must compensate P&K for all services rendered up to the termination of the agreement.
The competent court of Athens, Greece, shall have exclusive jurisdiction over all disputes between P&K and the Client. All disputes between P&K and the Client shall be governed by the Greek law.