Terms of Service
1. Service Fees: For the performance of the Services, you will pay the
Law Firm at the rates identified on this form.
Should additional legal services be required, the rate will be
$300/hour (attorney) and $195/hour (assistant). We account for our time in
tenth of an hour increments.
2. Reimbursable Expenses: In addition to the payments set forth in
Paragraph 1 above, you will reimburse the Law Firm for expenses which are
incurred in connection with the Services (including but not limited to
reproduction and delivery of documents, long distance telephone charges,
facsimile costs, postage, electronic database charges and filing fees.
3. Deposit/Invoices/Payment: The Law Firm reserves the right to
require a deposit prior to beginning work on any particular matter, and to
require the replenishment of that deposit during the course of the Law Firm's
work. The Law Firm will apply the
deposit to Service Fees and Reimbursable Expenses owed by you.
Each month, the Law Firm will send you an invoice for Service Fees and
Reimbursable Expenses that are covered by the deposit.
Upon termination of this Agreement, the Law Firm will return any unused
deposit to you. You agree to pay
each invoice that you receive from the Law Firm within fifteen (15) days after
receipt of the invoice. In the
unlikely event that it becomes necessary for the Law Firm to file a lawsuit or
take other legal action against you for the recovery of fees and/or reimbursable
expenses or for the enforcement of any other rights, you agree to pay the Law
Firm's costs and reasonable attorneys' fees in connection with any such action
4. Termination: The Law Firm will continue to represent you pursuant
to this Agreement until (a) you notify the Law Firm in writing that you no
longer wish for the Law Firm to represent you; or (b) the need for the services
no longer exists; or (c) you fail to fulfill your obligations under this
Agreement, the Law Firm notifies you in writing of such failure, but the failure
is not rectified within ten (10) days after receiving the Law Firm's
notification. It is customary for a
court or government agency to require that counsel who represents a client seek
permission to withdraw from such representation.
If this Agreement is terminated and withdrawal of counsel is necessary,
you will be responsible for fees and costs associated with obtaining permission
to withdraw from the court or other government agency.
Upon termination of this Agreement, the Law Firm will return any
documents or materials which you have provided to the Law Firm, although the Law
Firm reserves the right to make and retain copies of such material for its
5. Consultants: If the Law Firm needs to engage the services of one or
more attorney(s) or other profession(s) to assist in the performance of the
Services, the Law Firm will obtain your consent before entering into an
agreement with such other attorney(s) or professional(s).
You agree that you are responsible for the cost of such other attorney(s)
6. Of Counsel: The Law Firm serves as of counsel for other attorneys
and may use other law firms to serve as of counsel.
The other lawyers who serve as of counsel for this Law Firm provide legal
services that may exceed the scope of the Intellectual Property and related
services provided by this Law Firm. You
agree that such of counsel attorneys may be used to provide legal services
beyond those available by this Law Firm and that you will be responsible for the
cost of such of counsel attorneys. The
Client acknowledges that of counsel attorneys may receive compensation from the
Firm in addition to their hourly rate in the form of referral fees or other
incentives. This Client specifically consents to such fee sharing.
Notices will be deemed delivered; (1) when received by facsimile, hand-delivery
or certified mail to the address set forth hereinabove.
8. Document Retention:
If the Client does
not pick up any material within three (3) months of the end of representation,
the Client's file may be destroyed by the Firm pursuant to its document
retention policy. While the Client's
records may be destroyed sooner, in any event, the Firm will not keep any
physical record of the Client's case longer than three (3) years.
Additionally, the Client hereby consent to the Firm's preservation of any
and all of its records in an electronic only format pursuant to Virginia Ethics
The Client hereby declares, agrees and understands that by signing this
Agreement with an electronic signature governed by The Electronic Signatures in
Global and National Commerce Act, and VA Code §§59.1-467-469, that this is a
true and correct signature and shall bind me to all of the obligations as if
such signature were made on a paper version of this document in my own
10. Other Provisions:
Throughout this Agreement, the “Client”
includes any guarantor or signatory to this Agreement (provided,
however, that a guarantor may not enjoy the attorney-client privilege).
This Agreement is governed by the law of Virginia, without reference to
conflicts of laws. Venue for any dispute hereunder shall lie exclusively in
Fairfax County, Virginia. Failure of the
Firm to enforce any provision hereunder shall not be deemed a waiver of any
right. If any provision of this
Agreement is deemed invalid by any court, then that provision shall be severed
and shall not affect the enforceability of the remaining provisions.
By signing this Agreement Client asserts all information provided to the
Firm is true and correct to the best of its knowledge.
By executing this letter the Client
also grants the Firm permission to use any individual or corporate name and/or
logo (if applicable) in Firm promotional materials with respect to transactions
or other work completed in connection with this matter.
At the sole election of the Firm, any legal plan discount or other
incentive offered by the Firm is null and void if the Client fails to make any
payment in a timely manner as described herein.
Client agrees that should it dispute any amount billed hereunder the
Client may only bring such dispute through binding arbitration via the American
Arbitration Association or the State Bar Fee Arbitration Program, without other
remedy, unless such claim shall be asserted as a counterclaim to a suit for fees
by the Firm against the Client. The Client has the right to obtain most of the
material in the Firm's file. These Terms include and incorporate by reference
the online Terms and Conditions.
Client may seek
independent legal counsel before signing this Agreement.
Client has read and fully understands the Agreement and agrees to its
terms and conditions.
Price: $ 400.00
Deposit of $400.00 is required in advance. We will review the status of the trademark application, prepare and file a Request for Extension of Time to file a Statement of Use for your allowed US Trademark Application and docket your trademark application. The deposit is non-refundable.
* Note: a total of four (4) Requests for Extension my be filed.