Terms and Conditions

TERMS AND CONDITIONS - TRADEMARK COUNSEL

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your use of the Trademark Counsel website (trademarkcounsel.com.au) and the provision of legal services by Emma Rolley, incorporated under Alta Pty Ltd as trustee for the Rolley Family Trust trading as Trademark Counsel ("we," "us," "our," or "Trademark Counsel").

By accessing our website, engaging our services, or entering into any agreement with us, you ("you," "your," or "Client") agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

2. About Trademark Counsel

2.1 Business Details:

Trading Name: Trademark Counsel
Principal: Emma Rolley, Registered Trademark Attorney, Solicitor (NSW #L0037339)
Business Address: PO Box 461, Bangalow, NSW, Australia
Email: [email protected]

2.2 Professional Registration:

Emma Rolley is a qualified solicitor admitted to practice in Australia and is subject to the professional conduct rules and obligations applicable to NSW legal practitioners and trademark attorneys registered with the TTIPAB. Services Provided

3. Services

3.1 Trade Mark Services

We provide specialized trademark attorney services in Australian and NZ trademark law, including but not limited to:

International trademark strategy and consultation
Global trademark clearance searches
International trademark application preparation and filing
Madrid Protocol applications and management
International trademark portfolio management
Trademark prosecution and examination responses
International trademark enforcement and disputes
IP advice on international intellectual property matters

3.2 Service Limitations

We are qualified to practice Australian and NZ trade mark law. International services are provided through appropriate channels and foreign associates. We do not provide legal advice on foreign law except as it relates to international trademark strategy only.

3.3 Service Exclusions:

We do not provide services outside our area of expertise and do not guarantee specific outcomes or results. We do not provide emergency legal services outside business hours.

4. Website Use

4.1 Permitted Use

You may use our website for:

Learning about our services and expertise
Downloading free resources and guides
Booking consultations and engaging our services
Communicating with us about legal matters
Accessing client resources (if applicable)

4.2 Prohibited Use

You must not:

Use the website for any unlawful purpose
Attempt to gain unauthorized access to our systems
Interfere with the website's functionality or security
Copy, reproduce, or distribute our content without permission
Use automated systems to access or scrape our website
Transmit viruses, malware, or harmful code

4.3 Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is owned by Trademark Counsel or our licensors and is protected by copyright and other intellectual property laws. Any unauthorised use will be

5. Client Engagement and Service Terms

5.1 Engagement Process

Consultations and Online Meetings:

Consultations are available by appointment only
Consultation fees (if applicable) are payable in advance
Consultation fees may be credited toward services if you proceed

5.2 Service Engagement

Services are provided pursuant to written engagement letters
Specific terms, scope, and fees are outlined in engagement letters
These Terms supplement but do not replace engagement letters

5.3 Client Responsibilities

You agree to:

Provide complete and accurate information
Respond promptly to our requests for information or documents
Pay fees and costs as agreed
Comply with all applicable laws and regulations
Maintain confidentiality of privileged communications

5.4 Our Responsibilities

In consideration for our services, we will:

Provide services with professional skill and care
Act in your best interests within our professional obligations
Maintain confidentiality of your information
Keep you informed of material developments
Comply with professional conduct rules and legal obligations

6. Fees and Payment Terms

6.1 Fee Structure

Fixed-Fee Services:

Certain services are offered at fixed fees as specified
Fixed fees are payable in advance unless otherwise agreed
Fixed fees do not include government fees, taxes, or third-party costs

Hourly Services:

Some services are charged on an hourly basis (if applicable)
Current hourly rates are available upon request
Time is recorded in minimum increments of 6 minutes (0.1 hours)

Consultation Fees:

Strategy sessions and consultations are charged at fixed rates
Payment is required at time of booking
Cancellation and rescheduling policies apply

6.2 Additional Costs

Government Fees:

Trademark office fees are additional to our professional fees
Government fees vary by jurisdiction and are subject to change
We will provide estimates but actual fees may vary

Third-Party Costs: in addition to our Professional Fees will be charged to the Client include:

Translation services, foreign associate fees, and other third-party costs,
Search fees and official documentation costs
Travel expenses (if applicable for in-person meetings)

6.3 Payment Terms

Payment Methods: Credit card, bank transfer, or other agreed methods
Payment Timing: As specified in engagement letters or invoices
Late Payment: Interest may be charged on overdue amounts
Currency: All fees quoted in Australian Dollars (AUD) unless specified

6.4 Refund Policy

Consultation Fees:

Full refund if cancelled 48+ hours in advance
50% refund if cancelled 24-48 hours in advance
No refund for same-day cancellations or no-shows

Service Fees:

Refunds are considered on a case-by-case basis
Work completed cannot be refunded
Unused portions may be refundable at our discretion

Professional Obligations and Limitations

7.1 Legal Professional Privilege

All communications between you and us in connection with legal services are protected by legal professional privilege and client confidentiality obligations under Australian law.

7.2 Conflicts of Interest

We maintain systems to identify and manage conflicts of interest in accordance with professional conduct rules. We will notify you if any conflict arises that affects our ability to represent you.

7.3 Professional Standards

We are bound by:

Legal profession conduct rules
Professional indemnity insurance requirements
Continuing professional development obligations
Trust account and financial management rules

7.4 Limitation of Liability

Professional Indemnity:

Our liability is limited by our professional indemnity insurance coverage and applicable professional conduct rules.

Service Limitations:

We provide legal advice based on information available at the time
Trademark law and practice can change, affecting previous advice
We cannot guarantee specific outcomes or results
International matters involve foreign law and procedures outside our direct control

Exclusions:

We exclude liability for:

Consequential or indirect losses
Loss of profits or business opportunities
Delays caused by third parties (including government offices)
Changes in law or practice after advice is given

8. Confidentiality and Privacy

8.1 Client Confidentiality

We maintain strict confidentiality of all client information in accordance with:

Legal professional privilege
Professional conduct rules
Privacy legislation
Our Privacy Policy

8.2 Information Security

We implement appropriate security measures to protect your information, including:

Secure communication systems
Access controls and authentication
Regular security updates and monitoring
Staff training on confidentiality obligations

8.3 Information Sharing

We may share your information only:

With your consent
As required for service delivery (e.g., with trademark offices)
As required by law or professional obligations
With foreign associates for international matters (subject to confidentiality agreements)

International Services and Considerations

9.1 International Scope

Our international trademark services involve:

Multiple jurisdictions with different legal systems
Foreign trademark offices and procedures
International treaties and agreements (Madrid Protocol, Paris Convention)
Foreign associates and correspondent relationships

9.2 Foreign Law Limitations

We do not practice foreign law
We rely on foreign associates for local law advice
Foreign procedures and timelines are outside our direct control
Foreign government fees and requirements may change

9.3 Currency and Exchange Rates

International services may involve foreign currency transactions
Exchange rate fluctuations may affect costs
We will provide estimates but actual costs may vary
Currency conversion fees may apply

10. Technology and Communication

10.1 Electronic Communications

We may communicate with you via:

Email (encrypted where appropriate)
Video conferencing (Zoom, Teams, etc.)
Client portals or secure platforms
Phone and text messaging

10.2 Technology Limitations

Due to circumstances beyond our control:

Electronic communications may not be secure
Technology failures may cause delays
We are not responsible for third-party technology issues
You should maintain backup copies of important documents

10.3 Document Management

We maintain electronic and physical file management systems
Documents may be stored in cloud-based systems with appropriate security
File retention periods comply with professional obligations
You may request copies of your files at any time

Termination

11.1 Termination by Client

You may terminate our engagement at any time with reasonable notice of 14 days, subject to payment of fees for work completed and subject to our professional obligations to complete urgent matters.

11.2 Termination by Us

We may terminate our engagement:

(a) With reasonable notice of 14 days (except in urgent circumstances)

(b) If fees remain unpaid after reasonable notice

(d) If required by professional conduct rules

(e) If you fail to provide necessary cooperation or information

11.3 Effect of Termination

Upon termination:

(a) You remain liable for fees and costs incurred

(b) We will provide reasonable assistance with transition to new counsel

(d) We will return your documents and property.

Dispute Resolution

12.1 Initial Resolution

We encourage early resolution of any concerns:

Contact us directly to discuss any issues
We will investigate and respond promptly
Most issues can be resolved through direct communication

12.2 Formal Complaints

If direct resolution is not successful:

You may lodge a formal complaint with us
We will investigate and respond within reasonable time
You may contact the relevant law society or legal services commissioner.

12.3 Governing Law and Jurisdiction

Any legal disputes will be:

(a) Governed by the laws of New South Wales, Australia

(b) Subject to the exclusive jurisdiction of New South Wales Courts.

General Terms

13.1 Entire Agreement

These Terms, together with any engagement letters and our Privacy Policy, constitute the entire agreement between us regarding the use of our website and services.

13.2 Amendments

We may update these Terms from time to time. Material changes will be notified by:

- Email to clients and subscribers

- Notice on our website

- Updated "Last Modified" date

13.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

13.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

13.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations with reasonable notice to you.

Disclaimers and Warnings

14.1 General Disclaimer

No Legal Advice: Information on our website is general in nature and does not constitute legal advice. You should seek specific legal advice for your particular circumstances.

No Attorney-Client Relationship: No attorney-client relationship is formed by using our website or downloading our resources until a formal engagement letter is signed.

Information Accuracy: While we strive for accuracy, information on our website may become outdated or contain errors. We do not warrant the accuracy or completeness of website information.

14.2 International Trademark Filings and Warnings

Complexity: International trademark law is complex and varies by jurisdiction

Timing: Trademark rights are often based on priority of filing

Costs: International protection can be expensive and costs may vary

Outcomes: We cannot guarantee successful registration or enforcement

Changes: Laws and procedures may change affecting your rights

14.3 Third-Party Content

Our website may contain links to third-party websites or resources. We do not endorse or take responsibility for third-party content, and such links do not constitute legal advice or recommendations.

Contact Information

For questions about these Terms, Services or our Privacy Policy:

Trademark Counsel
Emma Rolley, Registered Trademark Attorney
Email: [email protected]
Address: PO Box 461, Bangalow, NSW, Australia
Business Hours: Monday - Friday: 9:00 AM - 5:00 PM AEST
Response Time: We aim to respond to inquiries within 24 hours during business hours.

Emergency Contact:

For urgent matters outside business hours, please email with "URGENT" in the subject line. Please note that we do not provide emergency legal services and urgent matters will be addressed during next business day.

Acknowledgement

By using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Professional Advice: These Terms are not a substitute for specific legal advice regarding your particular circumstances. If you have questions about these Terms or how they apply to your situation, please contact us for clarification.

Governing Law: New South Wales, Australia
These Terms and Conditions are designed to comply with Australian legal requirements and professional obligations. They should be reviewed regularly and updated as necessary to reflect changes in law, practice, or business operations.

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