General terms and conditions for NERDERIKET AS
The following terms and conditions apply from July 24, 2023 in addition to the terms and conditions stated in the assignment agreement and/or e-mail correspondence for the individual assignment.
1. Introduction
These general terms and conditions apply to all assignments that Nerderiket AS undertakes in accordance with the confirmation of assignment/order. Unless otherwise agreed, the provisions will apply to repeated assignments for the same customer.
2. Customers
In these business terms and conditions, "Customer" means the "legal body" whom Nerderiket AS assists regarding the assignment. In the case of enquiries on behalf of a legal entity (company), it is the person who contacts Nerderiket AS who is responsible for having the necessary authority to order the assignment on behalf of the company. It is the company, i.e. the legal entity, that is to be regarded as the customer.
Nerderiket AS corresponds with the person who has contacted Nerderiket, unless otherwise agreed. If the customer is a legal entity, Nerderiket AS reserves the right to contact the customer's management regarding the assignment.
3. When did Nerderiket AS take on the assignment?
Nerderiket AS has assumed responsability of the assignment when the customer has accepted in writing the terms of an assignment agreement from Nerderiket AS. Acceptance of the terms of the assignment agreement includes acceptance of these terms of business.
Such an assignment agreement can be:
- A written agreement that is sent to the customer for signing. In this case, Nerderiket AS has undertaken the assignment when the signed agreement is received.
- An e-mail in which it is clearly stated that an agreement is being entered into. In this case, Nerderiket AS has accepted the assignment when the customer responds in the affirmative to the e-mail.
Nerderiket AS may require prepayment/account payment as a condition for accepting the assignment. Advance payment may apply to fees and/or direct costs. If such payment is required, Nerderiket AS has not undertaken the assignment until the customer has paid.
4. The assignment
The assignment includes and is limited to what is described in the assignment agreement, supplemented by the agreements that follow from other written correspondence. In the event of significant changes to the assignment, the customer will receive an updated assignment agreement, or an additional agreement for confirmation/signature.
In cases where the assignment involves the preparation of a patent application, opposition, administrative review, response to official communications and/or inquiries from counterparties, this requires the customer to provide Nerderiket AS with all necessary information in connection with the assignment as soon as possible upon request from Nerderiket AS.
Nerderiket AS may demand prepayment/account payment for fees, official fees and other direct costs during the performance of the assignment as a condition for following this up. If such payment is requested, the follow-up of the assignment may be stopped until the customer has paid.
Annual fees for patents must always be paid in advance.
5. Responsible attorney. Use of external suppliers.
Who the responsible attorney from Nerderiket is, will be stated in the assignment agreement and/or e-mail correspondence. As of today, Nerderiket AS has only one responsible attorney: Gro Katarina Andorsen.
In connection with the assignment, it may be necessary to get assistance from other suppliers. This may be a collaborating lawyer, patent attorney, provider of patent drawings, translator or others. Nerderiket AS will discuss this with the customer in advance, and the customer themselves will be the client in relation to external advisors outside Nerderiket AS. The external advisors are directly responsible to the customer.
If the assignment involves prosecution and/or litigation abroad, Nerderiket AS may use collaborating partners from other countries. Nerderiket AS strives to have reliable partners where the attorney responsible for the case has always had at least one online meeting with the partner in question, and where the partner has good references from other parties that Nerderiket AS knows well. As mentioned, such cooperation will always be discussed with the customer in advance.
6. Communication
Nerderiket AS uses e-mail for correspondence with the customer and for sending drafts (of letters, arguments, applications, etc.) and other documents, unless otherwise agreed. Unless otherwise agreed, e-mails will be addressed to the person who has contacted Nerderiket AS.
Once an assignment agreement has been entered into, the customer will receive a link from Nerderiket AS to upload case-related documents directly to Nerderiket's OneDrive®.
Nerderiket AS does not have a telephone. If the customer is provided with the private telephone number of the attorney responsible for the case, this should only be used for pre-arranged telephone meetings. Online meetings on Teams/Zoom can be arranged by e-mail.
7. Processing of personal data
To the extent necessary for the fulfillment of the assignment, the customer consents to voluntarily provided personal data being processed by Nerderiket AS in accordance with the Personal Data Act. The information will only be disclosed to other parties, such as counterparties and public bodies, to the extent that this is in accordance with the fulfillment of the assignment (for example, information about inventors in a patent application).
The customer has the right to access and receive information about the processed data, as well as the right to demand correction of inadequate data.
In connection with new customer relationships, Nerderiket AS will send one e-mail with information about Nerderiket's news channels, courses/lectures, newsletters and other services that may be relevant to the customer. If the customer wishes to receive information on a regular basis, they must sign up for the newsletter on the website.
For more information about Nerderiket's processing of personal data, see the privacy policy.
8. Confidentiality
As a member of FICPI (the International Federation of Intellectual Property Attorneys) and EPI (the European Patent Institute), Gro Katarina Andorsen is subject to these organizations' Code of Conduct. This includes a duty of confidentiality.
All information Nerderiket AS receives about the customer, including about the customer's intellectual property, business strategy, finances and personal data, is handled as secret/confidential information.
The duty of confidentiality does not apply to information that is publicly available, such as the content of a published patent application. Information that is not subject to confidentiality is treated with discretion.
If external assistance is used, cf. section. 5, the customer releases Nerderiket AS and the responsible attorney from the duty of confidentiality and discretion to the extent necessary for the performance of the assignment, unless the customer expressly gives notice to the contrary. The customer releases Nerderiket AS and the responsible advisor from the duty of confidentiality and discretion to the extent that inquiries to public authorities or other outsiders are necessary for the performance of the assignment.
The duty of confidentiality and discretion is not limited in time.
All other employees of Nerderiket AS who may not personally be members of FICPI and/or EPI are bound by a duty of confidentiality through an employment contract. All employees will have access to Nerderiket's case files and can freely discuss the customer's cases internally in Nerderiket AS. This also applies to employees who join after the assignment agreement has been entered into between Nerderiket AS and the customer.
9. Special duty of disclosure for the customer in the event of payment problems
If the customer has payment problems or is in danger of having payment problems, the customer is obliged to notify Nerderiket AS immediately so that Nerderiket AS can decide whether, and if so on what terms, the assignment can continue. The notification must be sent by e-mail to info@nerderiket.no.
10. Conflict of interest
Nerderiket AS will investigate whether there is a conflict of interest before drawing up an assignment agreement.
If a conflict of interest arises in relation to Nerderiket's other clients or connections due to information that comes to light in the case after Nerderiket AS has accepted the assignment, Nerderiket may withdraw from the assignment for no other reason than that a conflict of interest has arisen.
11. Fees, costs, VAT and invoicing. Decisions on costs.
Nerderiket AS will determine the fee on the basis of the nature of the assignment, including its size, complexity, need for specialist expertise, the values to which the assignment relates and possibly on the basis of time spent on the assignment.
To the extent possible, Nerderiket will state a fixed price in advance for assignments. If, exceptionally, an hourly rate is agreed, the hourly rate shall be stated together with the estimated time spent. The hourly rate for ongoing assignments may be changed in connection with Nerderiket's semi-annual price adjustments in January and July.
Direct costs incurred in connection with the assignment, such as expenses in connection with official fees and travel expences, are charged to the customer in addition to the fee.
Value added tax (VAT) will be added in accordance with applicable rules. All prices quoted are exclusive of VAT.
Invoices are issued monthly, or in accordance with a written agreement, for fees and direct costs incurred in connection with the assignment during the relevant period. In large assignments and/or special situations, invoicing may take place more frequently. Direct costs can be invoiced when they are incurred. Direct costs greater than NOK 2,000 can be invoiced in advance. All invoices are due within 14 days unless otherwise agreed in writing.
The invoice must describe which direct costs have been charged. The specification can be included in an attachment, e-mail or in the invoice itself.
Non-payment of invoices entitles Nerderiket AS to discontinue all further performance of the assignment, both in the assignment in question and in other assignments for the customer.
Late payment interest will be charged if invoices are not paid by the due date. The provisions in the section above also apply to non-payment of late payment interest.
Nerderiket AS may transfer invoices to third parties.
12. Prepayment/part payment on account
Prepayment/part payment on account shall not exceed what is assumed to be sufficient to cover the fee and direct costs associated with the assignment. Upon invoicing, the customer's deposit will be offset against the total invoice amount. When the assignment has been completed and the fees and all direct costs incurred have been covered, any excess amount must be paid to the customer immediately.
13. Liability for the result. Limitation of liability.
Nerderiket AS does not guarantee that the performance of the assignment will lead to the result expected by the customer. Nerderiket AS is liable to the customer for the performance of the assignment in accordance with general rules.
Nerderiket AS's liability for damages to the assignment is limited to directly documented financial losses, and the total liability for damages is limited to Nerderiket's liability insurance coverage. Under no circumstances shall Nerderiket AS or the responsible advisor be liable for indirect losses or consequential losses, including lost profits, operating losses, loss of goodwill, etc.
Nerderiket is not responsible for errors committed by external advisors to whom the responsible attorney has referred the customer, or for subcontractors to whom Nerderiket, by agreement with the customer, has entrusted parts of the execution of the assignment.
14. Right to written material - copyrights
Nerderiket AS retains all rights, including copyrights, to all written material prepared by Nerderiket AS, unless otherwise agreed in writing. The customer may only use the material in connection with the assignment.
Both parties, Nerderiket AS and the customer, retain the property rights, copyrights and other relevant tangible and intangible rights they have acquired. This includes methods, analyses, assessments and agreements. The customer may only use this for the agreed purpose, and it may not be handed over to others without agreement.
The customer naturally retains all rights to inventions described in patent applications prepared by Nerderiket AS. This also applies in cases where the attorney responsible for the case has actively contributed with suggestions for the invention described.
15. Complaint
If the customer believes that the performance of the assignment does not satisfy professional or ethical requirements, or the customer does not agree with the calculation of the fee or the charging of direct costs or is dissatisfied with the way in which the assignment is followed up or the treatment the customer has received from Nerderiket AS in general, the customer is encouraged to take this up with the responsible attorney.
16. Choice of law, jurisdiction and dispute resolution.
Nerderiket AS and the customer shall endeavor to resolve any conflicts or disagreements through negotiations.
Disputes that may arise and that are not resolved through negotiations within a reasonable time (no more than 60 days) shall be settled by Norwegian law with Sør-Rogaland District Court as venue.
17. Amendment of business terms
Nerderiket AS may at any time amend these terms and conditions with effect for the future. Changes to the disadvantage of the customer, which are not due to changes in binding regulations, can only be made effective after one - 1 - month's notice.