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GENERAL TERMS AND CONDITIONS
1. Term
Validity of these terms – these terms apply to the services provided by Us to You upon agreed order/request, either (I) in writing or (II) in person/by phone. Any terms agreed in Our mutual communication take precedence over these Terms.
Commencement – the agreement is effective and starts on the earlier of (I) the date of confirmation of the order of Our services or (II) the date We commence to provide Our services.
2. Terms
The following words and phrases in these Terms have the meanings given to them below:
services – the legal services specified in the service order (Your – when it is the case);
services order – any written or oral/telephone order of Our services;
agreement – (I) these terms, plus (II) any other expressly agreed terms in writing, plus (III) confirmed services order to which they apply;
We or Ours – Mgr. Jolana Svatonova, Attorney at Law, with her registered seat at: Biskupcova 37, 130 00, Prague 3, Czech Republic and her team;
You or Your – party or parties to this agreement (excluding Us).
3. Our services and responsibility
Services – We will provide services in accordance with applicable law and professional care. You acknowledge that Your specified range of required services is sufficient for Your purpose. Legal services are provided by Us solely for the purposes stated in the agreement.
Deliverables – You may not disclose the result of the service or provide the benefits of the services provided by Us, to anyone else, or to refer to Our work, except where:
(I) it is expressly permitted by the agreement,
(II) with Our prior written consent, or
(III) required by applicable law, or
(IV) this is done toward Your advisors, if You communicate to them in advance, that We do not accept any liability to them using the information in question onward.
Liability only to You – We accept no liability to anyone, other than to You. If a third party claims damages in respect of the deliverables which We have not provided to it, and at the same time the results of Our service have been provided to You, and You have provided the third party with the results of Our service without Our consent, You agree to reimburse Us for any liability (including legal costs) that We incur in connection with any claim by anyone else in relation to the services.
Oral advice and drafts – You may rely only on Our final written documents, not on oral opinions or preliminary drafts of Our documents. If You would like to use the oral advice, please let us know and We will give You a written confirmation of such advice – You may fully rely on such deliverable.
Monitoring – We shall not update Our deliverables for any changes in law or regulations, or their interpretation, that occur after the date when the services were provided, unless it is a part of the service as agreed in the services order.
Up-to-date information – in provision of Our services, We will not be deemed to have any information from previous, already completed, files we maintain for You, since such information may no longer be up to date, so its truthfulness We do not deduce or assume.
4. Refusal
The impossibility of providing the services – We will refuse to provide the services if:
(I) in the same case We are providing/have provided the services to Our client and Your interests are in a violation of its interests, or
(II) ongoing case where Your and Our interests (and Our related parties) are not mutually compatible, or
(III) Our and Your interests are not mutually compatible in general, or
(IV) due to Our currently full capacity. Once We know any of the above, We will immediately inform You in writing.
5. Your obligations and responsibility
Information obligation – in order to provide You with Our services properly, please ensure that:
(I) any information You provide to Us or provided to Us by anyone who works for You or with You is:
(a) provided on time, and
(b) accurate, and
(c) complete, further that
(II) all assumptions (presumptions) made by You are justified.
Unless otherwise agreed, We do not verify from third-party sources the truthfulness of the information You provide.
Your obligation – according to Our many years of experience, the quality of Our services depends on the proper and timely fulfilment of Your obligations under the Agreement, in particular (not exclusively) providing Your instructions. We are not responsible for any harm arising from their failure to comply.
6. Fees
Payment for the services – You are obliged a fee for the services and any relevant expenses that we incur in connection with the services. Unless otherwise stated in writing, any of our estimates of fees or amount of expenses are indicative and not binding.
Basis of fees - our fees reflect not only time spent, but also other factors such as complexity, urgency, use of foreign languages or inherent risks. Unless otherwise agreed in writing, We will charge You the time actually spent, in minutes, and the expenses actually incurred; the exception is a flat rate billing of the first 15 minutes started.
Expenses – You will pay all related expenses incurred in connection with the services: cash expenses in real amount (especially travel, postage, expert fees, witness, land registry or central execution register).
Taxes – You will pay any applicable taxes, including VAT, that are due in relation to the services we provide. If case of application any similar tax, you agree that the price of our services will increase if we receive a net post-tax amount equal to the originally agreed price without increasing it under this sentence.
Invoices and Payments – We will send you a statement of the services provided in the previous calendar month on a monthly basis. First, we will send you a time sheet with a detailed breakdown of the activities performed. If you do not comment on it within one week (7 days), the time sheet is deemed to be approved. We issue an invoice monthly after approval / fiction clearance, which will be due in fourteen (14) days. If you fail to pay your invoice by the due date, you may be charged a late payment interest of 0.05 % for each day of your delay. Any objections to issued invoices can be announced within 14 days with detailed justification, without prejudice to the due date. If you come to the seller with payment of cash obligations to us, We reserve the right to terminate the agreement.
7. Confidentiality
Confidential Information – We and You agree that confidential information provided to Us will only be used in relation to the provision of the services and will not be made available to a third party without the prior written consent of the party concerned, except (I) where applicable law requires so, or (II) to our insurance company.
We may provide confidential information to other suppliers or service providers if (I) they are bound by the obligation of confidentiality and (II) duly involved in the matter.
The mutual obligation to keep information confidential in connection with this confidentiality agreement lasts for three (3) years after its receipt.
Above said does not apply to information that (I) is publicly available, or (II) We have received from a third party who has no obligation of confidentiality to You, or (III) has been known to the receiving party.
Reference – Everyone is pleased to show off the fruits of their work. Without any affect to the obligation of confidentiality, we wish to refer to Your company in Our marketing activities. By entering into the agreement, You give Us your consent to use Your brand of your company and the law area in which the services We provided. If you do not agree on this, please, give us an explicit note.
Providing services to others – In areas where we provide the services, the world is small. So you agree that We may provide the services to Your competitors or other persons, who may include a conflict of interest or other kind of disagreement. This is subject to the condition that We do not disclose Your confidential information and adhere to ethical principles in the legal profession.
8. Protection of intellectual property
License – If We create elements within Our services that are covered by copyright protection, We provide You with a non-exclusive, non-transferable, Perpetual and locally unlimited license to use it for Your internal purposes, unless it is apparent (and by nature) a document which is to be used in relation to Your business partners or have to be communicated to the public.
9. Responsibility
Other types of injury – You agree that We are not responsible for lost profits, alleged reputation damage, lost business opportunity, expected savings or benefits, or any indirect injury.
Our Liability – You agree that We are liable for the harm associated with the service provided only if it has arisen as a result of Our act or omission. Our total liability (including interest) in respect of all claims relating to the services or the agreement (including but not limited to negligence) is limited to (I) five times the fee paid for the service or (II) the amount damages, based on the sum which is lower. It is agreed that Our fee was determined with respect to the limitations set out in this provision.
10. Termination
Immediate termination – We may terminate the Agreement immediately without any termination period if (I) the necessary trust between Us and You has been compromised, or (II) You do not provide Us with sufficient cooperation, or if (III) despite our instructions, you insist on the execution of your instruction that is contrary to legal or professional regulations, or (IV) You have not paid a reasonable advance payment for Our services, even though You have agreed to do so.
You may terminate the Agreement at any time without giving any reason and without notice.
Post-termination assistance – in the period of fourteen (14) days following the termination of the agreement, We conduct urgent steps to protect Your rights and interests, unless You tell Us that You do not insist on such protection.
11. Disagreements
Agreement – If any dispute arises between us, You and We will try to resolve it primarily with an peacefully through out-of-court agreement.
Law and Jurisdiction – the agreement is governed by Czech law. The general courts of the Czech Republic will have exclusive jurisdiction over any dispute, whether contractual or non-contractual, unless agreed otherwise. The competent court is the District court for Prague 3 or a court of higher instance in the same district.
Limitation Period – the right to compensation for the damage suffered is barred within one (1) year from the date on which it could have been applied against the other party for the first time.
12. Consumer provisions
Dispute with a consumer – if You and We do not agree on a solution of our conflict and if You are a consumer, under the Consumer Protection Act You have the possibility to resolve any disputes with Us outside the court with help of Czech Bar Association – www.cak.cz as an intermediary.
13. General provisions
Entire Agreement – the agreement includes all arrangements between Us and You in relation to the services and supersedes any prior agreements, opinions or discussions. Neither party shall be responsible to any other party (e.g. for negligence or otherwise) with respect to representation or the services not specifically covered by the agreement.
Your actions – Where You consist of more than one party, an act or omission of one party will be regarded as an act or omission of all.
Assignment – unless expressly provided otherwise by the agreement, We or You shall not assign, transfer rights or obligations under this Agreement without the prior written consent of the other party, except for the assignment of claims for debt collection purposes.
Written conduct – if the agreement states written way of conduct, it is a paper or electronic form (including email, unless there is a reasonable doubt about the sender's identity); We have agreed that there is no reasonable doubt as to the identity of the sender where the relevant e-mail message was sent, even without a signature, from the e-mail box from which the sender had previously communicated with the other part.
SPECIAL PROVISIONS
The following terms apply specifically to our EUTRADEMARK.EU service. Should there be a conflict between the General Terms and Conditions and the following terms, the following provisions shall prevail in the case of the EUTRADEMARK.EU service.
14. Trademark registration
With our initial trademark search you get: (1) free basic trademark search report, (2) notification on identical and obviously very similar earlier trademarks, registered in the EU for identical products/services, (2) recommendations for you, (3) indicative calculation of EUIPO´s official fee. (Please note, that the exact match with earlier trademark is not the only potential risk to your trademark application. Valuable service of subsequent comprehensive (final) search and analysis, which includes notification on potential broader risks and suggestion of effective solutions, is included in any of our registration service packages).
Before applying for registration of your trademark, we will provide you with a comprehensive analysis of the trademark, i.e., we will check whether a same or similar earlier trademark is not registered for the same or similar product/service, or, whether the proposed trademark is possibly non-registrable due to conflict with general rules for trademark registration. We will recommend to you changes to minimize the risk of refusal of your trademark application by the competent authority if needed due to result of such comprehensive analysis. If you insist on registering the risky trademark without making the proposed changes, the application is filed solely under your responsibility, while in such case we are not responsible for any failure to register by the competent authority for assumed reasons.
We are responsible for performing our service with professional care and in accordance with relevant laws and with practice of competent authority. However, be aware, that the competent authority has its own discretion. Thus, we cannot be responsible for any differing legal opinion of the competent authority, which may result in the refusal to register the trademark, especially, if it deviates from its own previous practice. We also cannot be liable for any error/data obsolescence in relevant trademark databases or for malfunction of trademark search tool (we are using paid licence of Markify ProSearch tool). Neither we are liable for any claims/trademark application refusals or other undesirable legal issues based on existence of any non-registered trademark.
If the relevant authority requires any performance related to your trademark, then you are obliged to provide us with the appropriate cooperation immediately. If you do not provide us with your cooperation within one (1) month (unless we communicate another period due to the circumstances), it is considered that you are not interested in further provision of services and the cooperation is therefore considered terminated. In this case, the paid remuneration is not refundable. We are not liable for damages or non-registration of the trademark as a result of your possible inactivity.
15. European Registered Design registration
Standard Package contains:
- registrability (in extent of grounds for non-registrability) of analysis of 1 submitted design ("Submitted design");
If a new version is submitted under paid package, it will be accepted only on condition it is not a fundamentally different design;
- unlimited consultation regarding registrability and steps toward register Submitted design;
- EUIPO official calculation for Submited design;
- filing and representation before EUIPO regarding Submitted design;
- receiving certificate issued by EUIPO;
("Standard package")
Premium Package contains:
- services of the Standard package;
- Novelty and individual character analysis (with official EU databases) to minimize declaration of invalidity;
- if your design is problematic (i.e. there is a collision with a prior art) then we will notify you and you can adjust your design.
- If your modified design is based on the original design, then we will keep the package. If it does not, it will be at our discretion whether we keep the package for you. There is no legal right to a positive decision.
("Premium package")
Before applying for registration of your design, we will provide you with a an analysis according to your paid package, by default, we will check whether is registrable. We will recommend to you changes to minimize the risk of refusal (or invalidation) of your design application by the competent authority if needed due to result of such comprehensive analysis provided in a respective package. If you insist on registering the risky design without making the proposed changes, the application is filed solely under your responsibility, while in such case we are not responsible for any failure to register by the competent authority for assumed reasons.
We are liable for performing our service with professionalism, in accordance with applicable laws, and in accordance with the practices of the competent authorities. Be mindful, however, that the competent authority has discretion. Hence, we cannot be held liable for any divergent legal judgment of the relevant authority, which could result in the invalidation of the registered design, particularly if it departs from its own prior practice. In addition, we are not liable for any errors or data obsolescence in relevant design databases or for any malfunctions of design search tools (even if we use various paid ones). We are not accountable for any lawsuits or other unfavorable legal concerns based on the presence of any prior art or unregistered (community) design (regardles if covered by various IP protections). We are not liable for any claims based on previous art that is not available in the databases we search or is registered under a different Locarno classification and relates to the registered design or is covered by a patent/trademark/copyright protection. We are not liable for any successful claims in invalidity actions based on legal questions not yet decided by the Board of Appeal or the Court of justice. In circumstances where we do not conduct advanced searches (such as with the Premium package), we are not liable for claims based on Intellectual rights/prior art registered in other databases. Be mindful that it cannot be ruled out with absolute certainty that there is previous art (or prior IP - trademark or copyright) or a conflicting IP right that covers a portion of the registered design.
If the appropriate government (or EUIPO, Appellate Board, or Court of Justice) wants any performance related to your design, you are required to provide us with the required cooperation as soon as possible. If you do not supply us with cooperation within two (2) weeks (unless we indicate a different time owing to the circumstances), it will be assumed that you are not interested in receiving additional services, and the collaboration will be deemed to have ended. In this instance, the compensation is non-refundable. We are not responsible for any damages, non-registration of the design, or other legal or factual consequences resulting from your potential inaction.
16. Withdrawal from the contract
If you are a consumer, you have, by default, the right to withdraw from a contract concluded remotely within fourteen (14) days from the date of its conclusion. However, due to our short deadlines, our EUTRADEMARK.EU services are provided immediately after placing the order, so they are fulfilled before the expiration of the statutory period and thus the right to withdrawal does not apply.
17. Payment Terms
The price and content of our services are listed on our website www.eutrademark.eu, and you will receive a written proof of them as part of our written confirmation of your order. The price is payable before the start of the provision of services and is binding between Us, for the scope of services, stated on the day of concluding the Agreement on our website and in the order confirmation. The VAT does not apply on the price.
We reserve the right to change the price of services at any time by publishing a new price list on our website. Such change is always effective only for orders placed from the moment of its publication.
18. Complaint
You have the right to complain about our services at any time, via our contact e-mail or chat / contact form, all listed on our website. We will handle complaints as soon as possible, but no later than thirty (30) days from delivery, and we will notify you of the result of the complaint procedure via the e-mail address provided by you. Please, remember, that we are always here for you, ready to assist you with any need of yours.
19. Money Back Guarantee
We shall 1) return to you the whole amount of the paid service fee, and 2) re-apply for you free from attorney´s fee, if:
i) you have accepted our ´SAFE SOLUTION´ (suggested to you as part of our TM search and analysis), and
ii) your trademark application failed.
In other choices of yours the point 14 (above) shall be applied. Our legal liability is not affected by this terms.
20. Best Price Guarantee
Should you find an equal condition EU trademark registration service on better price than we are advertising, kindly provide us with the link to it. In such case we will offer you immediate 50% discount on the whole purchase on our website.