General Terms & Conditions
General Terms and Conditions
“We” or “MVIP” refers to Macao Victory Group International /Macao Victory Intellectual Property Agent Co.Ltd“You”/“your client”/“clients agent” refers to the the law/IP firm seeking services or the law/IP firms client, as the case may be which is stipulated on this invoice.
Fixed fee /hourly rates
We provide fixed fees and where required time based fee options. This will be based on the information you give us about what you need. Before we begin the work, we can also give you an estimate of other costs you will have to pay (such as official fees etc). We will let you know promptly if it becomes apparent that the actual fees are likely to be more than the amount we have estimated.
How we set our fees.
We charge fixed fees for carrying out specific actions, such as filing applications, and hourly rate fees for time spent on non-standard advice and services. When setting our fees, we may take into consideration any or all of the following: •our fixed fees for carrying out certain actions•the time and work involved•the project’s importance, complexity, and the outcome•how quickly you need us to carry out the work•the possibility that acting for you may prevent us acting for other matters.
Our fees may change.
Generally speaking, we do not change or adjust prices unless due to an error or related issues. Periodically, our fixed fees or hourly rates may change. If we are working on a matter for you, we will tell you about any changes that affect you. You don’t need to do anything to accept the change. If an invoice is not paid when due, we may elect:
•to deduct any amount outstanding from any money we are holding on your behalf
•not to do any further work,
•to charge interest at up to 12% p.a. on any amount outstanding one month after the date of this invoice.
How we deal with other costs.
While providing services to you, we may have to pay other costs such as official fees, translation/notorization fees , foreign agents’ charges, barristers’ fees, courier costs and travel costs. These 'other costs' are called ‘disbursements’, and we pass them on to you. Depending on your project, disbursements may be the largest part of fees. If we need to instruct a foreign agent to do your work in their country, we act on your behalf and will charge you separately for our work. We will convert the agent’s fees to USD and add a foreign currency fee to cover exchange rate changes and bank and credit card fees (currently 3.5%). We pass on bank charges and we may charge a separate office expense recoveries fee to cover the costs for printing, photocopying, and communication charges. For the latter, we may pass on the actual costs to you if we deem them significant.
Our services
Our advice is opinion only, based on the facts we know and our judgement, and is subject to any changes in the law/regulations/procedures/service times after the date on which advice is given. We are not liable for errors in, or omissions from, any information provided by third parties or due to any changes in laws, regulations, procedures and services times that may change from time to time. Our advice relates only to each particular matter in respect of which you engage us.
If our invoice of services are not paid on time or at our request, we reserve the right to cease our services until such time as the relevant fees are paid in full. This is regardless of the urgency of the request tasks and any deadlines.
Unless otherwise agreed, we may communicate with you and with others by electronic means. We cannot guarantee that these communications will not be lost or affected for some reason beyond our reasonable control, and we will not be liable for any damage or loss caused thereby due to non-receipt of information or delay in receiving any critical information or messages..
Payment of deposits & other ancillaries
By default, we either ask for upfront payment of services or the payment of a deposit based on our estimate of the fees and disbursements. This is our standard procedure unless we come to an agreement otherwise. We may choose not to begin work until we receive your deposit or your clients where you are the agent , even if deadlines for filing patent, design or trade mark applications/ renewals etc or other deadlines are due. Deposits are paid into the account details provided by us to you in our invoices with reference numbers/proof of payment to be advised so as to reconcile payments and expedite services offered and requested. Hardcopy certificates issued for services such as registrations and renewals as the case may be are posted out upon confirmation of invoice payment for the services rendered and the relevant postage fees being paid. Postage fees for documents are not included in our service fees.
Provisions of all relevant information before we start work.
So we can give you effective advice, you agree to tell us all relevant information about your matter at the start of our discussions and continually throughout the period of engagement. Instruct us well before deadlines to avoid loss of rights and to save money—you will avoid paying expensive urgency costs. Engagement can begin with or without an engagement letter (unless otherwise agreed to in advance) and is deemed to begin once instructions have been given to commence via email or as can be reasonably inferred from all relevant communications/interactions. You also agree to advise upfront whether any special procedures or arrangements are required to be undertaken in order to receive execute payments, including but not limited to the setting up various client vendor payment profiles in certain jurisdictions that require such vetting in order to receive payments. For such arrangements, there are setup fees associated in addition to any services requested which shall be advised at the time of engagement, and these begin at USD 250USD in case we are required to enter into any administrative actions to submit additional forms, or if we have to provide any notorized or legalized documents, the cost of obtaining and legalization/Authentication/Apostille and any other associated fees will be bourne by your side, and we are at liberty to refrain from any further action on your matter until we have received such payments or assurances of payment as we deem necessary. If this information is delayed or not disclosed, additional professional costs may be incurred in order for us to administer the same. It is incumbent on the firm engaging our services to disclose any such or similar requirements , or the potential for such requests , especially where payment of our invoices are dependent on completion of such type of procedure. Delays caused by waiting for such procedures to be fulfilled and or our decision not to file applications due to want of payment shall be the responsibility of the agent/firm engaging our services, and MVIP shall hereby not be responsible or held liable for any loss or damage caused by the non disclosure or delay in providing or disclosing such or similar information. In such case, the entrusting party ie the law firm/agent entrusting us must provide a bond payment on behalf of their client directly to MVIP. If such a disclosure is not made at the outset, we may choose to cease working on the matter, as the case may be, regardless of how far the matter has progressed.
An agent or law firm providing us with instructions on behalf of their client is deemed to know of any preliminary requirements of administration to facilitate payment of invoices or other procedures as the case may be, even if they are only aware after engaging our services of any additional requirements. Therefore, it is incumbent on any agent or firm entrusting us to ensure that all due diligence and client requirements are discovered and also disclosed to us from the outset. Should additional procedures and administration be required to be undertaken in addition to the services we have quoted for, additional fees shall be added to our invoice of services to account for additional work undertaken by our our firm (MVIP).
Your instructions to us
We usually don’t start working for you until we receive your instructions. However, if your rights or interests are at risk, we may in some cases need to act without waiting for your instructions. We will invoice for our services and disbursements if this happens. However, we reserve the right to not act if we are not in funds , or if we believe that prompt payment of pending invoices are not fourth coming (within 7 working days of the due date of the invoice).
Disclaimers
We endeavor to prepare and submit any applications for a range of IP related services in Macao SAR. However, the Macao IP office retains full discretion and to accept, refuse or request further information according to its own requirements and due diligence. We will do our best based on our knowledge and experiences at the time together with the information you have provided and disclosed to us at all relevant times to submit applications under the Industrial Property Code of Macao SAR, however we are unable to guarantee the success of any applications, or any other procedure for dealings with the Macao IP Office under the Industrial Property Code. The Macao IP Office may refuse, grant, grant in part, request further information or documentation as the case may be and MVIP will update on the outcome and progress of any applications or procedures entrusted to it.
Let us know when your contact details change.
Some intellectual property processes span many years, and it’s important that we know how to contact you over that period. All communication will be sent to the last known address we have on our records, so make sure you tell us when your contact details change.
Ensure Prompt payment of Fees
Our invoices are to be paid in full prior to the lodgment of any applications or if relevant, the due date shown on the invoice. Please discuss any questions you have about an invoice with us before your payment is due. In some circumstances (for example, if you have not paid our invoices), we may be forced to stop acting for you, even if important deadlines are due. We are entitled to keep your files or documents until you have paid the invoices. We may charge you interest of 12% each month, worked out daily, on invoices you or your client have not paid by the due date. We may also charge you for the costs of collection and legal fees.
Where it is requested( and agreed by us/MVIP) that agents clients will pay our invoices directly, the clients agents have 30 days (including weekends and public holidays)from the date of invoice to ensure payment reaches our nominated bank account. Thereafter, we/MVIP reserve the right to seek payment for our services directly from the agent/law firm,
Where are law firm/agent need their clients to settle invoices directly, this is to be requested specifically prior to engaging services. In circumstances where clients/agents customers will pay us directly, and we agree to this arrangement, the agent agrees to assist in ensuring the invoice is paid on time. For these purposes, providing a copy of the invoice to you is deemed to have been received by your client. Correspondence shall not be entertained directly from the agent/law firms client, unless agreed to at the beginning of engagement.
Where an agent/law firms request that their clients are to pay the invoice directly into our nominated bank account, the agent/law firm shall always ensure that invoices are sent promptly such as to facilitate timely and prompt settlement of invoices. The agent/law firm entrusting us/MVIP shall be liable to make payment to us directly should an invoice not be paid within 30 days of the date of the invoice provided and the agent/law firm agrees to pay any outstanding invoices of their clients in the event the same is not settled by the due date, notwithstanding any delays that may occur. In engaging our services, should an agent/law firm request that their client settle invoices directly, they warrant that their client is in good financial standing and that invoices in this manner shall be paid on the due date of the invoice. If there is no due date specified, then it is assumed to be 30 days from the date of the invoice provided, including weekends and public holidays
Should there be any outstanding invoices by an agent, law firm or their clients, we/MVIP reserve the right to request settlement of prior invoices before acting for further matters. Any rights lost due to this shall be the responsibility of the law firm/agent engaging our services.
The law firm/agent agrees not to hold us liable for any lose or damage caused by delay in payment and our decision not to act due to invoices not being settled. In the event we/MVIP have claims brought against us due to the loss of rights of due to ur decision not to act in relation to invoices not being settled on time, the agent /law firm entrusting us hereby agrees to indemnify and compensate MVIP to the full extent of any losses claimed.
Where documents, deeds , power of attorneys, or any other document need to be localized, translated and or notorized to comply with Macao SAR’s application requirements, MVIP reserves the right to halt the procedures until payment for services have been paid in full, even if deadlines for filing patent, design or trade mark applications, assignments, licenses etc as the case may be or other deadlines are due. Our standard procedure is to receive payment in full prior to formal submission unless otherwise agreed to in advance.
MVIP cannot guarantee that laws , rules , regulations, procedures, service standard times may not change over the course of any procedures requested by clients. As such, advice provided at the outset or during the course of an application or procedure is subject to change and cannot be guaranteed to remain the same. In the event of any changes, MVIP will advise the client accordingly. The client agrees to provide an estimate of the length , size duration an any other relevant factor of any procedures to ensure MVIP can provide best quality services.
General
The above applies to any current instruction, and to any future instruction, whether or not we send you another copy of it. There is no need for you to sign this agreement in order to accept it; you will accept this agreement by continuing to instruct us to work for you. We can change the terms in this agreement at any time , in which case we will notify you of any amendments.
Disputes
Any disputes are governed by laws of Macao SAR and shall be resolved in Macao SAR. All parties agree to resolve any disputes or conflicts in the most efficient and amicable way in good faith. Should a dispute not be resolved, all parties agree to submit to mediation (online or offline) in the jurisdiction of Macao SAR. Failing that, if the issues are not resolved to the satisfaction of either parties, both parties agree to submit to Arbitration in MacaoSAR, namely under the jurisdiction of the WTC Macao Arbitration Centre.