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Engagement Agreement- Full trademark search and Opinion
Parties/ Effective date: This agreement is made between Law & Technology Inc d/b/a affordabletrademarkattorney.com (“Attorney”) and You (“Client”) and is effective as of the latest date of signing by Client. Attorney will make conflict of interest determination and engagement agreement is not fully executed until written acceptance via email is communicated with the client.
Scope of services provided: The legal services provided under Full trademark search and Opinion package include attorney availability, USPTO federal trademark search, 50 state trademark databases search, common law trademark search and domain names, opinion letter based on search results. All other services beyond the scope of services just described above will incur an additional charge. Second search is available at a discounted rate of $ 99 (USD), when the first search opinion is negative.
General expectations of both parties: Even with trademark search software, common law searches results are vast and may miss a few results. Client is advised not to expend large investments on trademark marketing and product development based on mark until the grant of the trademark. Attorney is not legally or financially responsible for those investments based on trademark application. There is always a chance of denial of trademark application. If the client wants to know the status of the search and opinion package, please email the attorney for more information. Every reasonable effort will be made to reply to the clients request promptly.
4a.Client fees: Any money paid under a package or service becomes the property of the attorney. Attorney will not expend any money belonging to the client until earned by service as explained below. However, if the client terminates the agreement before rendering of complete services, then the client is entitled to partial refund after deducting the attorney fee for time spent on the matter, and further dependent on whether search of the mark completed or not. If the search of the mark is completed, then search package fee of $ 289 (USD) is earned as legal fee by the attorney.
Conflict of interest policy: Attorney makes sure that the prospective client representation is not directly adverse to the current client. The attorney will only represent the prospective client upon belief that the attorney can competently and diligently represent each affected client. The attorney will not take the prospective client representation, if there is assertion of claim by one client against another client of the attorney. By agreeing to this engagement agreement, client gives informed consent in cases such as above to the attorney.
Termination: Client or attorney may terminate the engagement based on reasonable notice via email. Once attorney receives this message via email regarding termination, he/she will make every effort to stop working on the representation upon notice of the email. Client will be entitled to partial refund of the legal fee paid for services. The partial refund will include those funds not yet earned. All the earned fees including expenses upon until the notice of termination becomes the property of the attorney.
Governing law & Jurisdiction: This agreement shall be governed by the state of Minnesota. Should any dispute arise, the action shall take place in Minneapolis, Minnesota.
Severance: In the event that one or more of the provisions of this agreement shall be found by a court of law to be unenforceable, illegal or invalid, it shall not affect any other provisions of this agreement, and this agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in this Agreement.
Complete Agreement: This agreement supersedes any prior or contemporaneous communications, representations or agreements between Attorney and Client and constitutes the complete and final agreement between the parties relating to this agreement, this website or any services rendered by Attorney to Client. This agreement contains the entire agreement of the parties. No other agreements, statements, or promises made on or before the effective date of this agreement will be binding on the parties. This agreement, and all terms herein, may only be modified by subsequent written agreement signed by both parties.
Form of signature: This agreement may be executed by the parties in electronic counterparts.