The following terms of service disclose and define conditions by which IMTechnicals and it employees, contractors and or agents offer service to clients for the purpose of establishing and sustaining mutually beneficial and highly successful client relationships through professional practices, open communication and mutual respect for each other’s needs and expectations resulting in our clients receiving the best possible professional work products and service available.
Effective terms rev20220523, subject to change without notice.
The following terms of service herein detail the conditions which form the binding agreement under which IMTechnicals agrees to offer services in exchange for payment of invoiced fees/expenses for services rendered between IMTechnicals and its Clients.
ACCEPTANCE OF TERMS OF SERVICE
A Client’s emailed affirmation acknowledging approval of a verbal or written estimate of fees/expenses provided in an email response or a Client’s direct request for IMTechnicals to render services without requesting an estimate of fees/expenses shall evidence the engagement of IMTechnicals services and acceptance of the terms of service set forth herein and acceptance of responsibility for payment of resulting fees/expenses for services rendered. IMTechnicals may at its discretion require prospective Clients and or existing Clients engage services by submitting a signed terms of service agreement.
1.TIME FOR PAYMENT
Invoices for patent and TM illustration services are submitted for payment upon delivery of a completed draft set of drawings based on services requested and as disclosed and/or with subsequent drawing deliveries containing billable edits and/or as applicable, additions (see item 11). Accepted forms of payment include online ACH, Credit Card, Direct Deposit and mailed Check. Fees are in US Dollars. Client entity designation and associated payment terms are detailed as follows:
U.S.A. Law Firm/Corporation
TERMS – 5% Discount 10 Net 30-*Working Set Deliverable
Payment for services rendered to date for Clients whose account remains in good standing without a past due balance will be due Net 30. Invoices submitted for payment accompanied by access to *working set deliverable drawings.
International Law Firm/Corporation
TERMS – 5% Discount 10 Net 30-*Proof Set Deliverable
Payment for services rendered to date due Net 30. Invoices accompanied by access to proof set deliverable drawings. Upon receipt of payment, subsequent deliveries of subject applications are delivered in an unwatermarked *working set form for amendment and filing purposes.
Extended Terms Client (Subject to credit approval)
TERMS – Net 100
Payment for services rendered to date, due Net 100. Past due balances subject to 1-1/2% irrevocable monthly service charge calculated from Net 30 of invoice submission. Past due accounts are subject to rescheduling of active and pending services resulting in delayed deliveries, service interruptions and change in terms (see item 8). Invoices submitted for payment are accompanied by full access to working set deliverable drawings.
TERMS – Advance Payment
Individual inventor clients retain services by remitting advance payment upon engagement to receive upon completion of a draft, immediate full access to “working set deliverables” of drawings for an application.
(*) See Item 7, Proof Set Deliverables
TIME FOR PAYMENT – EMAIL COMMUNICATIONS:
Clients will receive email communications disclosing open balances via monthly statements, past due inquiries and assessments.
2.EARLY REMITTANCE – 5% Fee Reduction Offer (ACH or credit card payment only)
If stated on invoice, Clients may optionally reduce an invoice amount due by 5%.
Client agrees to remit payment as stated on invoice and in time to be received no later than the invoice due date. A recurring irrevocable 1-1/2% monthly service charge will be invoiced for past due balances. Past due accounts are subject to service interruptions and change in terms (see item 8).
Party responsible for payment of all invoices is identified by IMTechnicals as “CLIENT” and will be so identified on invoices/monthly statements/letters associated with the referenced “CLIENT BILLING MATTER #” and or Purchase Order number. The term “CLIENT” collectively includes and is synonymous with attorneys, agents, paralegals and or employees of Client who engage our services and may be referred to as “CLIENT CONTACT” or “C/O Rep”. RESPONSIBILITY FOR PAYMENT IS NON-TRANSFERABLE. The term “Client” for purposes of responsibility for payment of services rendered by IMTechnicals does not extend to a 3rd party or to any party for whom our Client may be working on behalf of. Client agrees to submit all invoices for services rendered to date for processing upon receipt to insure timely payment. All fees for collection of an account is the responsibility of Client. Client agrees not to withhold payment while awaiting payments from a 3rd party.
5.RATES & SCHEDULING
Rates are tiered by a project’s estimated production scheduling/delivery timeframe at the time of engagement. To assist us in prioritizing production, we ask that Clients inform us of sensitive dates upon inquiry and or request of services so projects may be scheduled accordingly. Refer to current rate card for delivery **timeframes. IMTechnical’s selection of a delivery timeframe is based on a combination of factors including client’s delivery request by date (if specified), filing deadline and our current schedule at the time of engagement.
The highest level of savings may be achieved when clients engage our services early in the process allowing time to render, review and finalize services avoiding a rush. Finalization edit requests for projects underway and the production of drawings with shorter filing timeframes receive priority over the production of pending non-urgent services. Clients should anticipate the return delivery of finalization/edits within 1-3 business days.
The rate applied to newly requested pages/services over and above the original request will be determined at the time of the new request in conjunction with the time remaining from the original engagement or based on a newly determined delivery timeframe. For example, the lowest rate will apply for pages/services requested with an estimated 4 week or greater delivery timeframe. If then, a client requests added pages/services for an ongoing active project with 2 weeks remaining; the rate applied to those added pages/services will be assessed at the 2 week delivery timeframe rate. Client are encouraged to request all or most pages/services at the time of a project’s original engagement. For new pages/services requested for an existing matter outside of the original delivery timeframe, the applied rate will be determined by a newly determined delivery timeframe.
Clients are welcome and encouraged to make status update inquiries at anytime to assess how services pertaining to a given project are progressing. If at any point, client requests delivery sooner than was scheduled, fees may increase accordingly. Our highest priority is given to projects with disclosed fixed filing and or use deadline dates and to the finalization of ongoing active projects for filing. These priority factors may impact the progression of other projects. Client acknowledges that a delivery schedule and or delivery milestone dates are estimates only and production of services may on an as needed basis be modified or extended without notice. Timely completion of services is dependent in part by the timing of Client’s review process and the extent of any changes/additions requested. Client is responsible for informing IMTechnicals concerning all sensitive dates upon request of services. Client agrees that IMTechnical’s ability to meet proposed milestone dates and or deadlines depends in part upon Client’s prompt performance of its obligations to provide payments, requested disclosures, inquiry responses and approvals and that any delays in Client’s performance and or any changes/additions in the services requested by Client may delay progression and delivery of work product. Such delays shall not constitute a breach of IMTechnical’s obligations under this agreement. Client further acknowledges that a delay as a result of circumstance(s) beyond Client’s control or beyond IMTechnicals and any of its employees control shall not constitute a breach of IMTechnical’s obligations under this agreement.
(**) Weekends/holidays excluded, timeframes estimated.
6.(‡)ACCELERATED DRAFT DELIVERY SCHEDULING
To assist clients with filing deadlines of 1 month or less to file from receipt of a formal drawing request or estimate approval, delivery of completed drafts will at our discretion be scheduled on an accelerated draft delivery **timeframe/rate basis to insure sufficient finalization time while allowing for client review, completion of changes/additions and unexpected delays before filing. Refer to current rate card for details.
(**) Weekends/holidays excluded, timeframes estimated.
7.PROOF SET DELIVERABLES
Completed drawing sets may be simultaneously output in two forms, a non-filing “Proof Set Deliverable” and a “Working Set Deliverable” suitable for review, markup and filing purposes. Clients initially receive the “Proof Set” consisting of a watermarked contact sheet demonstrating to Client that services to date are complete. Proof set deliveries are accompanied by an electronically payable emailed invoice.
Working Set Delivery:
Swift delivery of the prepared “Working Set Deliverable” is available pending receipt of online payment via ACH or credit card for services rendered to date regardless of filing/use deadline, no exceptions. Client is responsible for timely remittance. IMTechnicals receives swift automatic email notifications as soon as Client submits online remittance. Upon receipt of this notification, the unwatermarked working set of drawings will be delivered to Client via email attachment or a Client’s ImPortal account.
Editing and finalization services pending receipt of remittance. Thereafter, editing/finalization as well as applicable additional requested new services related to project receive priority. Client is responsible for timely remittance permitting the priority editing, finalization and production of added services as applicable.
Clients with past due account balances are subject to the rescheduling of active and pending services which can result in delivery delay pending receipt of payment in full including applicable late fees for services rendered to date regardless of filing/use deadline. Client assumes responsibility for missed deadlines. IMTechnicals sends emailed monthly statements to keep Clients informed of approaching remittance due dates.
Fees and expenses disclosed with quote requests are estimates only. Actual fees and expenses shown on invoices submitted for payment. A Client’s approval shall be obtained for any increases in fees or expenses that exceed an original quote request by 10% or more. Fees for new services and or additional services to existing active applications and or billable edits will be invoiced separately.
10.REVIEW AND APPROVAL
Client is responsible for review, markup and approval of all drawings for their accuracy and correctness against disclosure materials provided to IMTechnicals for the rendering of services prior to filing patent or TM applications. IMTechnicals is not responsible for errors contained in drawings due to any of the following: incomplete, inaccurate or deficient quality disclosure, misinterpretation of disclosure, insufficient review and or notification of needed changes prior to filing. IMTechnicals is responsible for implementing changes/edits/additions to drawings as requested in markups.
No additional payment shall be made for changes required to conform to the original assignment description/disclosure(s). Client shall offer IMTechnicals the first opportunity to make any changes. Client shall be responsible for making additional payments for changes requested by Client beyond the original assignment as prescribed below.
– Unlimited time allowance to affect correction of self-introduced corrections/typos.
– Utility drawing revisions are complimentary subject to “billable conditions” outlined below.
– Industrial design drawing revisions are complimentary within the scope of the original request.
– Edit/revision requests resulting in derivative works, new or additional drawings are billable.
– Edit/revision requests comprised of but not limited to: Change(s) in claim/feature(s) implementation, altered services request resulting in the addition of “new” services, altered design, variation/deviation from original disclosure appearing after IMTechnicals work has commenced, page layout, numbering and copy redesign.
Additional fees for edit/revision requests are uncommon, though, IMTechnicals reserves the right to make determination whether additional fees for drawing revisions are reasonable and warranted.
Client shall reimburse IMTechnicals for all expenses arising from this project including payment of any sales taxes due.
13.BIOTECHNOLOGY PATENT FEE REDUCTION
For biotechnology applications, IMTechnicals may at its discretion offer reduced fees for formal drawing preparation only if Client supplies acceptable original source materials that substantially aid in the formalization process. Source materials supplied for consideration of a reduced fee must be provided either at the time of the original request or at the time of approval of a quote request. Any drawing pages not assisted by supporting source disclosure materials will not be considered for fee reduction and or any pages initially quoted at a reduced rate pending receipt of acceptable source materials where for whatever reason the source materials were not adequate to substantially aid in the drawing formalization process will be invoiced an unreduced rate. If formal drawings prepared by IMTechnicals receive an office action containing drawing deficiencies where objected drawings were not adequately supported by acceptable source disclosure as basis for a reduction; the cost to prepare replacement pages for subject figures will be equal to the amount of the original reduction plus applicable fees associated with applicable emergency or high priority services. Services required to split or span single or multiple figures previously prepared on a single page amongst multiple newly prepared replacement pages are billed at page rates. Fee reductions may be offered with the provision of client supplying new or updated acceptable source disclosure.
Source Materials Defined:
At a minimum, acceptable source materials are considered to be at least the 1st generation version of an electronic file disclosure containing complete elements of a given figure requested for formalization AND which is either in a vector-based format with editable text OR in a high-resolution format of at least 600 DPI free of copy marks or image defects/artifacts. IMTechnicals will assess all source material to insure and determine if it meets these requirements and any materials that do not meet these minimum requirements will not be considered for a fee reduction.
In the event of cancellation of this assignment a cancellation fee for work completed and expenses already incurred, shall be paid by Client.
15.OWNERSHIP OF SOURCE FILES
All source files developed in the rendering of services remain the sole property of IMTechnicals and are not distributed with work product deliverables.
The Client shall indemnify IMTechnicals and its agents, employees and contractors against all claims and expenses, including reasonable attorney’s fees, due to uses for which no release was requested in writing or for uses that exceed authority granted by a release.
Modification of this agreement must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.
Any electronic alteration of artwork or graphic design comprising IMTechnical’s work products (color shift, mirroring, flopping, combination cut and paste, deletion) is prohibited without the express permission of IMTechnicals. IMTechnicals will be given first opportunity to make any alterations required. Unauthorized alterations shall constitute additional use and will be billed accordingly.
19.FAIR USE FOR PROMOTION
IMTechnicals reserves right to display IMTechnicals created work products for promotional purposes not subject to a signed non-disclosure agreement or work products containing product information which have been publicly disclosed, published and or otherwise exist in the public domain.
20.RESERVATION OF RIGHTS
All rights not expressly granted are retained by IMTechnicals, including any electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials created by IMTechnicals. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.
21.INTELLECTUAL PROPERTY OWNERSHIP
All rights to intellectual property disclosed to IMTechnicals in the course of considering and or the process of performing contracted services remain with Client, inventor, patent holder or rightful owner.
22.WARRANTY OF ORIGINALITY
IMTechnicals warrants and represents that, to the best of its knowledge, the final work products delivered here-under are original and has not been previously published, or that consent to use has been obtained consistent with the rights granted to Client herein; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained consistent with the rights granted to Client herein; that IMTechnicals has full authority to make this agreement; and that the final work products prepared by IMTechnicals and its agents, employees and contractors do not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that Client or others may make of IMTechnical’s work products that may infringe on the rights of others. Client expressly agrees that it will hold IMTechnicals and its agents, employees and contractors harmless for all liability caused by the Client’s use of IMTechnical’s work products to the extent such use infringes on the rights of others.
23.LIMITATION OF LIABILITY
As-filed applications using informal drawings or providing incomplete or deficient disclosure documents when preparing drawings for new or OA filings may place insurmountable constraints and burdens on the ability to address every potential formalization issue that may arise from a filing entity’s office action. In the rendering of services, IMTechnicals will to the best of our ability attempt to adequately address drawing informalities even those that may be perceived as insurmountable within the time allowed. Client acknowledges and agrees that a guaranteed remedy to overcome insurmountable constraints or perceived insurmountable constraints are beyond IMTechnical’s and or its agents, employees and or contractor’s ability to control. Client further acknowledges and agrees to hold harmless IMTechnicals or its agents, employees and or contractors of any fault or consequence arising from an inability to overcome every drawing informality. Client is responsible for and should take all steps necessary in the application preparation and or filing process to insure the best outcome at the outset by securing or providing IMTechnicals the best quality disclosure documents available within a timely manner. Client agrees that it shall not hold IMTechnicals or its agents, employees and or contractors liable for any incidental or consequential damages that arise from IMTechnicals and its agents, employees, contractors or 3rd party services providers failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of IMTechnicals or a third party. Furthermore, IMTechnicals disclaims all implied warranties, including the warranty of merchant-ability and fitness for a particular purpose. Client shall be responsible for all compliance with laws or government rules or regulations applicable to Client’s final product(s). Client further agrees and acknowledges that IMTechnicals or its agents, employees and or contractors do not provide engineering services. Client agrees that it shall not hold IMTechnicals or its agents, employees and or contractors liable for any incidental or consequential damages that arise from IMTechnicals and its agents, employees, contractors or 3rd party services providers failure to perform any aspect of the project in conformance with conventions and or requirements established by any engineering standard or licensing agency or body regardless of whether such failure was caused by intentional or negligent acts or omissions of IMTechnicals or a third party. To the extent the final work products include any word, symbols, logos or other content used to designate Client as the source of goods or services (“Trademarks”), Client shall have sole responsibility for ensuring that Trademarks do not infringe the rights of third parties, and Client shall indemnify, save, and hold harmless IMTechnicals or its agents, employees and or contractors from any and all damages, liabilities, costs, losses, or expenses arising out of any claim, demand, or action by a third party alleging trademark infringement, or arising out of Client’s failure to obtain trademark clearance or permissions, for use of Trademarks. The maximum liability of IMTechnicals to Client for damages for any and all causes whatsoever, and Client’s maximum remedy, regardless of the form of action, shall be limited to an amount equal to the total fees paid by Client to IMTechnicals here-under. In no event shall IMTechnicals or its agents, employees and or contractors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to the services, even if IMTechnicals has been advised of the possibility of such damages.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with the rules of Volunteer Lawyers for the Arts 1900 Belmont Blvd. Nashville, TN 37212, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Terms defined herein effective for current services only, future rates and terms subject to change without notice.
Questions must be received in writing and acknowledged by us prior to the commencement of the rendering of services. Questions may be submitted via email to Contact Us.