By engaging the services of Remote Docket LLC (“Remote Docket”), you, your company and/or your firm (“Client”) agrees to the following:
1. Client: The Client receiving services—and the only party with which Remote Docket is establishing a relationship—is the specific entity identified in the your engagement letter.
2. Scope of Services: The subject matter and scope of the services offered is limited to the specific matters described in the your engagement letter. Any further work will require our mutual agreement reflected in writing.
3. Term of Engagement: The term of all engagements (the “Term”) will begin on the date of execution of the engagement letter and will remain in full force and effect until ONE calendar YEAR (e.g., 365 days) (referred to herein as "last date") after execution, subject to earlier termination as provided herein. The Term may be further extended by mutual written agreement of the Parties; however, in the event that the engagement is not terminated 30 days prior to end of the last date, the engagement will automatically renew for an additional year. Either Remote Docket or the Client may terminate this engagement at any time for any reason, provided that at least a 160-day notice is provided to the other party. Remote Docket reserves the right to suspend or terminate work on behalf of a client that does not pay our statements within 45 days after they are rendered. However, in the event of an early termination or withdrawal initiated by the Client before the expiration of the Term of the engagement, Remote Docket will be entitled to receive (1) the remaining term of the annual contract, as an early termination fee, and (2) any unpaid fees and expenses through the date of termination/withdrawal. The relationship created by this letter terminates when the services sought by the Client have been completed, and shall in any event, terminate upon Remote Docket sending you a disengagement letter and its final statement for services, which date shall not be extended because of subsequent statements sent with respect to unpaid balances or because of activities associated with the collection of unpaid balances. Termination initiated by the Client of all services, except docketing services, will be effective immediately after a written notice of cancelation is received by e-mail sent to ip@remotedocket.com. Termination initiated by the Client of docketing services incurring a monthly fee requires a 160-day written notice of cancelation. You are responsible for any payments that fall within the 160-day period from the date Remote Docket receives the written notice of cancelation by e-mail. In the event this agreement terminates for any reason, Remote Docket shall assist Client in providing a spreadsheet of docketed cases for transferring over to another carrier, to the extent possible
4. Hourly Fees: Remote Docket will charge paraprofessional/paralegal hourly rates for all IP paralegal services rendered, except for IP docketing services which will be billed on a recurring monthly basis (and may vary depending on the size of the portfolio). Rates are reviewed annually, typically in January, and may be revised based on that review. If rates are adjusted, the new rates will be reflected in the first billing statement we provide after the date of the change.
5. Taxes: Some jurisdictions impose charges denominated as sales, use, excise, business, value added or other taxes, tariffs or duties on amounts billed to clients. The amount of any such charges (excluding taxes based on Remote Docket’s net income or on the wages, salaries or benefits paid to its personnel) will be included in our statements and will be the Client’s responsibility. Our fees are net of any withholding or similar tax imposed by the jurisdiction in which the Client resides. If any amount is withheld for such taxes in such jurisdiction, the Client must gross up the amount to be paid to Remote Docket so that the net amount paid to Remote Docket is the amount due on our statement.
6. Billing : For all IP services rendered, Remote Docket will send statements to the Client on a monthly basis (on the first of the month) invoicing the Client for fees incurred during the previous month (inclusive of paralegal costs and docketing costs, unless docketing costs are invoiced on an annual basis, as indicated in Client’s engagement letter). We expect the Client to pay our statements promptly and in any event within 30 days after they are received. We do not charge a processing fee for electronic bank-to-bank, ZELLE, ACH payments or payments made via check.
7. Conflicts and Waiver: Remote Docket offers services to firms, companies, and individuals throughout the United States and internationally, who may have matters in conflict with the Client or one or more of its affiliates. We are undertaking to provide services to the Client on the basis of the Client’s agreement that Remote Docket will not be precluded from working with other clients, including, but not limited to, any current or future clients who are adverse to the Client or any related entities. Remote Docket will not share confidential information it obtains from any client with any other client for any reason. By engaging Remote Docket, the Client agrees that it waives any such conflict in the event of such adverse matters.
8. Confidentiality: We agree to protect the confidentiality of client information, including not only privileged material but other material we obtain during provision of services to the Client that is of a confidential nature or that the Client would not want to see disclosed other than with its approval. The conflicts waiver discussed above in no way relieves us of our obligation to protect such information. However, the fact that Client has engaged Remote Docket shall not be confidential, so long as the Client approves any such disclosure of the engagement in writing, and, if such approval has been provided by the Client, Remote Docket reserves the right to publicize this engagement, including the use of Client’s trademarks as well as the trademarks of its subsidiaries, affiliates, members, owners or other affiliates or associates.
9. Electronic Communications: Notwithstanding our efforts, modern modes of business communication, including email, mobile telephones and telecopiers, cannot be secured completely to prevent unauthorized access, and therefore involve some risk of disclosure and potential loss of counsel-client privilege. Unless the Client specifically objects to use of those modes of communication, it agrees to accept those risks.
10. Counterparts: Client’s engagement letter may be executed in two or more counterparts or by facsimile/digital and/or PDF signature (or both), each of which will be deemed to be an original, but all of which will constitute one and the same agreement.
11. Choice of Law/Jurisdiction: These Terms and Conditions, and with Client’s engagement letter shall be governed by, construed in accordance with, and enforced pursuant to the laws of New York without regard to principles of conflict of laws. The Client hereby consents to the jurisdiction of New York in connection with any suit, action, or other legal proceeding arising out of this Agreement.
12. Arbitration: All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of New York, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in New York City, New York before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law New York. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.