The STOUD AS organisation consists of STOUD AS (org. no. 935 801 966) and any future subsidiaries or affiliated entities. For more information about STOUD AS, please contact us directly.
These Terms of Business apply to all assignments accepted by STOUD AS, unless otherwise explicitly agreed in writing, and form an integral part of the agreement between STOUD AS and the client.
1. Conflicts of Interest
In accordance with our internal procedures and attorney guidelines, we ensure that to the best of our knowledge no conflict of interest exists before we finally accept an assignment.
Should a conflict of interest arise during the performance of an assignment we will immediately inform the client. We may be entitled or required not to disclose the specific nature or cause of the conflict.
Due to the scope and variety of our practice we may act for clients in similar sectors if no actual conflict exists. Regarding services where no counselling is involved, such as payment of renewal fees, there is no risk of conflict even if the service is performed for clients in related areas.
2. The Assignment
It is important that we are able to identify who is formally the client. Unless clearly indicated or instructed to us in writing, we assume that the person or entity providing us with instructions is our client and responsible for payment of fees and disbursements, and not the person or entity for whom they act.
We will continue an assignment until it is completed and perform the tasks which we, subject to our own discretion, deem necessary or appropriate, including tasks related to the maintenance of a trademark application or other intellectual property right until granted or finally refused or shelved, subsequent filings with priority claims, and administration of intellectual property rights where we are registered as attorney of record, unless otherwise instructed by the client.
If we are required to act within a due date set by an authority or court, and in our view explicit instructions are needed, we will notify the client and request instructions. If the client does not provide the required instructions, information or payment in time, we may choose not to meet the deadline and disclaim liability for any direct or indirect loss resulting from this.
To perform the assignment we may need to instruct foreign agents or other third parties, which is subject to our own discretion. The client accepts that such third parties might not part of STOUD AS. While we endeavour to select qualified third parties, we disclaim liability for any losses, costs or expenses caused by the acts or omissions of such third parties.
STOUD AS may collaborate with foreign agents under quality assurance procedures, involving reviews of capabilities, processes, tools and pricing. Such foreign agents may, in some cases, provide us with compensation in consideration of being subject to these reviews.
3. Fees and Disbursement
Our fees take into account several factors, including the value of the assignment, the time spent, the level of expert knowledge required, the urgency, the risks and responsibility associated with the assignment.
For certain standardised assignments we apply basic or flat fees. A list of the relevant services and the corresponding basic or flat fees is available upon request.
All actions and attention in performing the assignment are chargeable to the client, including, but not limited to telephone conversations, handling of incoming emails travelling, receiving and reporting communications from any intellectual property office, public authority or court and foreign agents, sending reminders, as well as acting for the client generally.
Disbursements, including official fees and costs to foreign agents may be charged separately with a surcharge covering administration, financing and currency fluctuations. Information on such surcharges is available upon request.
Upon request we provide an estimate of the fees and disbursements associated with an assignment. If, during the assignment, the scope changes or we expect that the total costs and disbursements will exceed our most recent estimate, we will inform the client as soon as possible and provide a revised estimate.
We reserve the right to adjust our fees, for example in relation to changes in the relevant consumer price index. For subscription services, or for an agreed project duration, any adjustment will not take effect until the end of the agreed period.
4. Invoicing and Terms of Payment
We invoice monthly, unless otherwise agreed with the client.
Terms of payment are as stated on the invoice.
5. Advance Payments
We generally request advance payment of larger disbursements, and we always request advance payment of fees and disbursements when invoices have remained unpaid after one or more reminders, when the assignment will exceed the client’s credit limit, or when the client’s credit status is negative.
6. Retention of Title
Any result created by STOUD AS in performing the assignment, including any documents and information, shall remain the property of STOUD AS until the assignment has been paid for in full.
The title in the results created by STOUD AS shall pass to the client as payment takes place.
Until the title has passed, the client shall not be entitled to dispose of the property of STOUD AS, including assigning, pledging as security, using, changing or combining it with other property.
In case of late payment, the client shall upon request immediately return the property of STOUD AS.
7. Confidentiality
All our people are under an obligation of confidentiality. Any confidential information received from or relating to a client in connection with an assignment will be kept confidential and not disclosed to a third party except as required to perform the assignment.
From time to time STOUD AS may provide clients (or potential clients) with confidential information regarding its business. Such confidential information includes, for example, prices, calculations, contracts, details on agents and other information expressly designated as confidential. Such information may not be disclosed to third parties or used outside the purpose of disclosure.
If STOUD AS or the client are under an obligation by law to disclose confidential information, they may comply, but only after giving the other party prior notice and a reasonable opportunity to obtain a protective order.
8. Communication via Email
Upon confirmation of an assignment, the client is responsible for providing STOUD AS with a valid email address as the main channel of communication. If no separate information is provided, STOUD AS may treat the email address used when concluding the assignment as the dedicated address for correspondence.
The dedicated email address will be recorded in STOUD AS’ client file and will be considered a legally binding means of communication for all information and documentation.
Should the client wish to change the dedicated address later, the client is solely responsible for informing STOUD AS in writing in advance. The change will only be effective once confirmed in writing by STOUD AS.
9. Termination of an Assignment
We reserve the right to terminate an assignment if invoices are not paid in time, the client’s credit status becomes negative, a conflict of interest arises, or if extraordinary circumstances mean we cannot take responsibility. Termination may include withdrawal as attorney of record. If we terminate, we will give reasonable notice to enable the client to avoid loss of rights.
10. Contact Information
The client shall provide STOUD AS with its full name, business registration number, VAT/EIN number, physical address, main email address and phone number, as well as a contact person with email and phone. The client must ensure that STOUD AS is kept informed of any changes.
11. Files
Original documents, such as certificates of registration and contracts, will be delivered to the client upon completion of the assignment unless otherwise agreed, provided fees have been paid in full. Files will be kept at least 5 years from the date of the last invoice.
12. Limitation of Liability and Insurance
We are responsible for services provided in accordance with applicable law and we hold professional indemnity insurance with reputable companies. Our liability for each assignment is limited to an amount corresponding to twice STOUD AS’ professional fee for the assignment, with an overall maximum aggregate liability towards the client of € 500,000 per calendar year.
The client must inform STOUD AS of any potential damage or incident for which liability is claimed immediately after becoming aware, and no later than 12 months after the relevant act or omission.
STOUD AS is entitled to remedy or repair damages at its sole discretion. The client must make reasonable efforts to limit damages.
Any claim may only be raised against the liable legal entity. The client cannot raise a claim against any individual employed or associated to STOUD AS.
We disclaim liability for indirect or consequential losses, including lost profits and goodwill. We also disclaim liability for advice or services provided by other advisers to the client, even if engaged with our assistance.
The above limitations do not apply if contrary to mandatory statutory provisions.
13. Force Majeure
Force majeure means an event beyond either party’s reasonable control, including but not limited to acts of God, war, flood, embargo, natural disaster, pandemic, mobilisation, rebellion, confiscation, new legislation, national strike or lockout, failure of telecommunications, internet or banking systems, or acts of government.
If a party is prevented from performing its obligations by force majeure, it is excused from performance for as long as the event continues.
A party may not claim force majeure unless it provides written notice without undue delay and takes reasonable steps to mitigate the effects.
If force majeure lasts more than six months, either party may terminate the assignment with immediate effect.
14. Applicable Law and Venue
Any dispute shall be governed by the substantive laws of the country where STOUD AS has its principal place of business, and the courts of the same country shall have exclusive jurisdiction.
15. Language
These Terms of Business are written in English. Translations may be made available for convenience, but in case of conflict the English version prevails.
16. Changes
These Terms of Business may be updated from time to time. The latest version will be available on stoud.com. Changes apply to assignments received after publication of the revised version.
The STOUD AS organisation consists of STOUD AS (org. no. 935 801 966) and any future subsidiaries or affiliated entities. For more information about STOUD AS, please contact us directly.
These Terms of Business apply to all assignments accepted by STOUD AS, unless otherwise explicitly agreed in writing, and form an integral part of the agreement between STOUD AS and the client.
1. Conflicts of Interest
In accordance with our internal procedures and attorney guidelines, we ensure that to the best of our knowledge no conflict of interest exists before we finally accept an assignment.
Should a conflict of interest arise during the performance of an assignment we will immediately inform the client. We may be entitled or required not to disclose the specific nature or cause of the conflict.
Due to the scope and variety of our practice we may act for clients in similar sectors if no actual conflict exists. Regarding services where no counselling is involved, such as payment of renewal fees, there is no risk of conflict even if the service is performed for clients in related areas.
2. The Assignment
It is important that we are able to identify who is formally the client. Unless clearly indicated or instructed to us in writing, we assume that the person or entity providing us with instructions is our client and responsible for payment of fees and disbursements, and not the person or entity for whom they act.
We will continue an assignment until it is completed and perform the tasks which we, subject to our own discretion, deem necessary or appropriate, including tasks related to the maintenance of a trademark application or other intellectual property right until granted or finally refused or shelved, subsequent filings with priority claims, and administration of intellectual property rights where we are registered as attorney of record, unless otherwise instructed by the client.
If we are required to act within a due date set by an authority or court, and in our view explicit instructions are needed, we will notify the client and request instructions. If the client does not provide the required instructions, information or payment in time, we may choose not to meet the deadline and disclaim liability for any direct or indirect loss resulting from this.
To perform the assignment we may need to instruct foreign agents or other third parties, which is subject to our own discretion. The client accepts that such third parties might not part of STOUD AS. While we endeavour to select qualified third parties, we disclaim liability for any losses, costs or expenses caused by the acts or omissions of such third parties.
STOUD AS may collaborate with foreign agents under quality assurance procedures, involving reviews of capabilities, processes, tools and pricing. Such foreign agents may, in some cases, provide us with compensation in consideration of being subject to these reviews.
3. Fees and Disbursement
Our fees take into account several factors, including the value of the assignment, the time spent, the level of expert knowledge required, the urgency, the risks and responsibility associated with the assignment.
For certain standardised assignments we apply basic or flat fees. A list of the relevant services and the corresponding basic or flat fees is available upon request.
All actions and attention in performing the assignment are chargeable to the client, including, but not limited to telephone conversations, handling of incoming emails travelling, receiving and reporting communications from any intellectual property office, public authority or court and foreign agents, sending reminders, as well as acting for the client generally.
Disbursements, including official fees and costs to foreign agents may be charged separately with a surcharge covering administration, financing and currency fluctuations. Information on such surcharges is available upon request.
Upon request we provide an estimate of the fees and disbursements associated with an assignment. If, during the assignment, the scope changes or we expect that the total costs and disbursements will exceed our most recent estimate, we will inform the client as soon as possible and provide a revised estimate.
We reserve the right to adjust our fees, for example in relation to changes in the relevant consumer price index. For subscription services, or for an agreed project duration, any adjustment will not take effect until the end of the agreed period.
4. Invoicing and Terms of Payment
We invoice monthly, unless otherwise agreed with the client.
Terms of payment are as stated on the invoice.
5. Advance Payments
We generally request advance payment of larger disbursements, and we always request advance payment of fees and disbursements when invoices have remained unpaid after one or more reminders, when the assignment will exceed the client’s credit limit, or when the client’s credit status is negative.
6. Retention of Title
Any result created by STOUD AS in performing the assignment, including any documents and information, shall remain the property of STOUD AS until the assignment has been paid for in full.
The title in the results created by STOUD AS shall pass to the client as payment takes place.
Until the title has passed, the client shall not be entitled to dispose of the property of STOUD AS, including assigning, pledging as security, using, changing or combining it with other property.
In case of late payment, the client shall upon request immediately return the property of STOUD AS.
7. Confidentiality
All our people are under an obligation of confidentiality. Any confidential information received from or relating to a client in connection with an assignment will be kept confidential and not disclosed to a third party except as required to perform the assignment.
From time to time STOUD AS may provide clients (or potential clients) with confidential information regarding its business. Such confidential information includes, for example, prices, calculations, contracts, details on agents and other information expressly designated as confidential. Such information may not be disclosed to third parties or used outside the purpose of disclosure.
If STOUD AS or the client are under an obligation by law to disclose confidential information, they may comply, but only after giving the other party prior notice and a reasonable opportunity to obtain a protective order.
8. Communication via Email
Upon confirmation of an assignment, the client is responsible for providing STOUD AS with a valid email address as the main channel of communication. If no separate information is provided, STOUD AS may treat the email address used when concluding the assignment as the dedicated address for correspondence.
The dedicated email address will be recorded in STOUD AS’ client file and will be considered a legally binding means of communication for all information and documentation.
Should the client wish to change the dedicated address later, the client is solely responsible for informing STOUD AS in writing in advance. The change will only be effective once confirmed in writing by STOUD AS.
9. Termination of an Assignment
We reserve the right to terminate an assignment if invoices are not paid in time, the client’s credit status becomes negative, a conflict of interest arises, or if extraordinary circumstances mean we cannot take responsibility. Termination may include withdrawal as attorney of record. If we terminate, we will give reasonable notice to enable the client to avoid loss of rights.
10. Contact Information
The client shall provide STOUD AS with its full name, business registration number, VAT/EIN number, physical address, main email address and phone number, as well as a contact person with email and phone. The client must ensure that STOUD AS is kept informed of any changes.
11. Files
Original documents, such as certificates of registration and contracts, will be delivered to the client upon completion of the assignment unless otherwise agreed, provided fees have been paid in full. Files will be kept at least 5 years from the date of the last invoice.
12. Limitation of Liability and Insurance
We are responsible for services provided in accordance with applicable law and we hold professional indemnity insurance with reputable companies. Our liability for each assignment is limited to an amount corresponding to twice STOUD AS’ professional fee for the assignment, with an overall maximum aggregate liability towards the client of € 500,000 per calendar year.
The client must inform STOUD AS of any potential damage or incident for which liability is claimed immediately after becoming aware, and no later than 12 months after the relevant act or omission.
STOUD AS is entitled to remedy or repair damages at its sole discretion. The client must make reasonable efforts to limit damages.
Any claim may only be raised against the liable legal entity. The client cannot raise a claim against any individual employed or associated to STOUD AS.
We disclaim liability for indirect or consequential losses, including lost profits and goodwill. We also disclaim liability for advice or services provided by other advisers to the client, even if engaged with our assistance.
The above limitations do not apply if contrary to mandatory statutory provisions.
13. Force Majeure
Force majeure means an event beyond either party’s reasonable control, including but not limited to acts of God, war, flood, embargo, natural disaster, pandemic, mobilisation, rebellion, confiscation, new legislation, national strike or lockout, failure of telecommunications, internet or banking systems, or acts of government.
If a party is prevented from performing its obligations by force majeure, it is excused from performance for as long as the event continues.
A party may not claim force majeure unless it provides written notice without undue delay and takes reasonable steps to mitigate the effects.
If force majeure lasts more than six months, either party may terminate the assignment with immediate effect.
14. Applicable Law and Venue
Any dispute shall be governed by the substantive laws of the country where STOUD AS has its principal place of business, and the courts of the same country shall have exclusive jurisdiction.
15. Language
These Terms of Business are written in English. Translations may be made available for convenience, but in case of conflict the English version prevails.
16. Changes
These Terms of Business may be updated from time to time. The latest version will be available on stoud.com. Changes apply to assignments received after publication of the revised version.