About us

Terms and conditions

This agreement regulates the conditions of use for the website www.ipwit.com

PLEASE READ AND REVIEW THIS “AGREEMENT” BEFORE USING THE “WEBSITE”. ANY USE OF THE “WEBSITE” BY THE “USER” INDICATES THAT HE/SHE/IT HAS READ ITS CONTENT AND EXPRESSLY ACCEPTS IT. IF YOU DO NOT ACCEPT THIS “AGREEMENT,” PLEASE DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF

I. PRIOR DEFINITIONS
The IPWIT web site (“Site”) contains content that is provided as a service to users under the following acceptable conduct terms. Your right to use the Site is governed by these Terms of Use and our Privacy Policy (collectively, “Terms”) and you should take the time to review both carefully before you use the Site. By using the Site in any way, you are agreeing to comply with these Terms.

The Site reserves the right to change the Terms at any time and for any reason. Updated versions of the Terms will be posted to the Site at IPWIT and you should visit this page periodically to keep apprised of any changes. By continuing to use the Site after any such change, you accept and agree to the modified Terms. The Site reserves the right to modify or discontinue, temporarily or permanently, the Site, any site features, benefits (including without limitation blocking or terminating your Account), rules or conditions, all without notice, even though such changes may affect the way you use the Site. You agree that the Site will not be liable to you or any third-party for any modification or discontinuance of the Site.

These Terms constitute the entire agreement between you and the Site and govern your use of the Site, superseding any prior agreements between you and the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Site. The section titles in these Terms are for convenience only and have no legal or contractual effect.

You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Site.

For all the intents and purposes of this “Agreement”, the following definitions will apply:

“Attorney” is the lawyer, law firm, trademark and/or design attorney in charge of the services requested by the “User” within the “Territory” and acting in the ordinary course of its business

“User” is the “Titleholder” or his/her/its representative, identified as such by registration through the “Website”. He/she/it is responsible for delivering all the information in each of the “Website” Service Application Forms. It is understood when the “User” is a representative that he/she/it is expressly authorized by the “Titleholder” to deliver this information to the “Company”. All communications will be exclusively held between the “Company” and the “User”.

“Agreement” is the AGREEMENT ON THE TERMS AND CONDITIONS OF USE and the Privacy Policy.

“Company” is IPWIT ApS, a company registered under the laws of Denmark, the corporation that has the mission of promoting and rendering the services of trademark registration, design registration and other related services.

“Contracting Parties” are the “User” and the “Company.” The “Company” is responsible for all services requested by the “User”.

“Charge” is the amount of money in the specified currency for each case, that the “User” must pay to the “Company” in order to receive the contracted service.

“Design Office” is the Governmental Authority of the country where the “Attorney” requests and files the design registration

“Power of Attorney” is a written authorization issued according to the corresponding legal requirements of each “Territory” that the “User” delivers to the “Company” and the “Attorney” in order for them to perform all the necessary actions required to apply for a Trademark or Design or any other service on behalf of the “Titleholder.”

“Service Request“ is the form that the “User” must fill out through the “Website” with the data therein required by the “Company” and by the “Attorney” to render a specified service.

“Specific Contract“is the agreement whereby the “Company” pledges to perform the services requested by the “User” through the “Website” for a specific “Service Request”. The”User” in turn commits to deliver all the information therein required together with the payment of the “Charge” for the requested service.

“Titleholder” is the owner of the Trademark, Design or any other IP-right that wishes to register and that identifies him-/her-/itself as such in the Registration Request for Trademark, Design or related services. The “Titleholder” may be a natural or legal person and act by him-/her-/itself or through his/her/its representative.

“Trademarks Office” is the Governmental Authority of the country where the “Attorney” requests and files the trademark registration

“Website” is the internet site www.ipwit.com, in which services related to the Registration of Trademarks, Designs and other related Legal Services are offered.

“Territory”, refers to a country jurisdiction or other territorial organizations in which the “Attorney” will exclusively render the services requested by the “User”.

II. GENERAL RULES
1. The trademarks and logos used in the “Website” are protected by the standing rules and regulations on Industrial and Intellectual Property and may not be used in any way whatsoever by third parties without the authorization of their owner.

2. All materials on the Site, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Site or owned by other parties who have posted on the Site. Materials from the Site and from any other web site owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, and IPWIT reserves all rights not expressly granted hereunder. IPWIT expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

IPWIT is a registered trademark of IP Wit ApS. The use of any IPWIT trademark or service mark without express written consent from IP Wit ApS is strictly prohibited.

3. The “Company“ is only liable for rendering the services for which it has been contracted for through the “Website” which includes by definition telephone and fax orders.

4. It is understood that the “User,” by virtue of accessing the “Website,” or using its services, expressly waives any indemnification, claim or right that he/she/it may have against the “Company” and its representatives.

5. Under no circumstance will the “Company,” its “Attorneys” and/or employees be responsible for any damages that the “User” may incur while using the “Website” or any link to the site, except when expressly provided to the contrary. The extent of this liability clause is applicable to damages of any nature, including, but not limited to, the loss of data and programs, losses in results, losses or interruptions of businesses, and third party claims.

THE “COMPANY” SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE “COMPANY” EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE “COMPANY” SERVICES WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE “COMPANY” ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY THE “USER” RELY ON ANY SUCH INFORMATION OR ADVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE “USER”.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE “COMPANY” OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE “COMPANY” SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE “COMPANY” SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO “COMPANY” RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT THE “COMPANY” IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE.

IF THE “USER” ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, THE “USER”’s ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.

As consideration for the services requested, the “User” agrees to pay the “Company,” applicable service(s) fees. All fees payable hereunder are non-refundable.

Requested services with pending documentation or information from the client, have a refund deadline of 90 days. After this period only official expenses of the Trademark Office shall be returned.

The information, services and products available to the “User” on this Site may contain errors and are subject to periods of interruption. While the Site does its best to maintain the information, services and products it offers on the Site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site.

6. In spite of the efforts made by the “Company” the information delivered through the “Website may contain typographical or data errors which will be rectified immediately upon detection. The “User” takes upon all responsibilities and risks for the use of the “Website” and for the information obtained therein.

7. The “Company” and the “Attorney” take upon no responsibility in the event that a Trademark, Design or other applied for right is not granted. The “User” accepts ab initio that any objection, opposition, or rejection, or any other situation that prevents the further processing of the registration request, is not the responsibility of the “Company its directors, employees, and “Attorneys” and hereby waives any indemnification.

8. All the actions taken by the “Company” and the “Attorney” will be performed according to the information delivered by the “User.” To such effect, the “Company” and the “Attorney” will not accept any responsibility if such information infringes any third party rights or contains errors and/or omissions. The “User” is absolutely responsible for the data delivered in any “Service Request” available on the “Website,” whether recommended or not by the “Company.”

9. The “Company” neither represents nor controls other web sites that can be accessed through the “Website”, and consequently, has no responsibility for the content, use, products, and services that may be available in those other web sites.

10. The surveillance service and the search service for Trademarks may contain errors and/or omissions derived from the information available in the data banks, whether proprietary or not, of the “Trademarks Offices” or the “Registration Administration” which may themselves contain errors and/or omissions. The “User” releases the “Company” and its “Attorneys” of any such responsibility, waiving any claim for indemnification due to error, incomplete information, or in respect of recommendations and propositions made by the “Company” according to this information.

11. Under no circumstance the “Company” and the “Attorneys” will be responsible for any damage, loss of data or their inputs incurred by the “User” as a consequence of his/her/its connection with the “Website” or due to the interruption of a communication, or malfunctioning of the “Company” servers.

12. The parties agree that the “Company” may change this “Website” “Agreement” without notification to the “User,” in order to improve the service or due to changes in the rules and regulations of the country in which the application is being filed. It is understood that the unmodified Terms and Conditions remain in full force and must be complied with by the parties.

13. The “Company” will provide a password to the “User,” or a personal access keyword, to access the web pages of “My Account.” The “User” will be responsible for the custody and nondisclosure of this password as well as of its use. Certain services offered on or through this Site require the “User” to first open an Account. The “User” is responsible for maintaining the confidentiality of the “User”’s information, including their password, and for all activity that occurs under their account. The “User” agree to notify IP Wit ApS immediately of any unauthorized use of their account or password, or any other breach of security. The “User” may be held liable for losses incurred by IP Wit ApS or any other user of the Site due to someone else using their password or customer account. The “User” may not use anyone else’s password or customer account at any time. The “User” may not attempt to gain unauthorized access to the Site. Should the “User” attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then their customer My Account will be terminated. The “User” agree to provide us with accurate, current and complete information about the “User” and their billing information as prompted by the registration process. The “User” may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. The “User” agree that the “User” will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.

The “User” also agree that IP Wit ApS may, in its sole discretion and without prior notice to the “User”, terminate their access to the Site and their Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. The “User” agrees that IP Wit ApS will not be liable to the “User” or to any third party for termination of their access to the Site.

14. The delays and errors resulting from force majeure will not be considered a breach of the “Company” or the “Attorney” services, including but not limited to, problems arising from elements of nature, fires, acts of war, national security attacks, coups d’état, or interruptions in the “Website” derived from major technical problems as determined by the “Company.”

15. Upon submittal of the Service Request, the non-“Titleholder” “User” certifies that he/she/it is authorized by the “Titleholder” “User” to request the services and bind him/her/it according to the terms of this Contract.

16. The “Company” will not return the “Charge” paid, in case of errors and/or omissions made by the “User,” including, but not limited to, a breach in the terms of this “Agreement”, delivery of incorrect information when submitting any “Service Request” and/or the incorrect modification of necessary information for the processing thereof.

17. The “User” is responsible to contract through the “Website”, within the deadlines established by the “Company,” the legal services in case of objections, oppositions, and refusals in the processing of the “Service Request”. The “User” must be aware that the deadlines are binding, meaning that if the required action is not complied with within the prescribed term, the right for a cause of action is relinquished, what normally leads to the loss of the registration request and/or other rights.

18. The “User” accepts and declares that, if he/she/it does not contract certain services within the term required by the “Company,” it will be assumed ipso jure that he/she/it relinquishes his/her/its interest in pursuing the processing of the respective “Service Request” terminating the “Specific Contract,” without any refund of money whatsoever by the “Company.”

19. The “Charges” for the different services offered on the “Website” are those in force at the time of payment by the “User.”

IPWIT RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO the “User”.

20. The “User” declares that by virtue of filling out the form of any “Service Request” he/she/it guarantees to the “Company” that all the information supplied in them is true and based on the principles of mercantile bona fide and further guarantees that he/she/it knows this “Agreement” in its entirety as well as the remaining contracts associated with it.

21. The “User,” by means of this “Agreement,” declares that he/she/it is entirely responsible for any claim, procedure, damage, injury, loss, or cost that may arise from, or that is related to, his/her/its deeds.

The “company” is not responsible for the publication and/or the content of the web site. It is not responsible either for complaints, law suits, trials, damages, costs or expenses related to the violation of third person rights claimed by them inside or outside a tribunal. The “user” declares that he or she is fully responsible of any complaint, procedure, damage, slander.

The “User” agrees to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by the “User”, or the infringement by the “User”, or other users of the Site using their computer, of any intellectual property or other right of any person or entity. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter that is subject to indemnification by the “User”

22. The “Company” and the “Attorney” are obliged to render the requested service after it has received from the “User”: (i) the information required in the respective “Service Request” contained on the “Website”, (ii) payment of the respective charge, and (iii) additional information, in such cases where this is necessary.

23. The “User” must provide and cooperate, during the processing of the “Service Request” in an integral, complete and opportune manner, delivering precise and trustworthy information, and responding to the requirements for information requested by the “Company” within the terms indicated.

24. The Trademark and/or Design Registry grants the “Titleholder” the right to use the Trademark in the way it is conferred and for the products, services, and industrial or commercial establishments included in such rights as set and earned by the local laws and rules.

25. The Site has created a Privacy Policy setting forth how information collected about the “User” is collected, used and stored. The “Users” use of the Site constitutes acknowledgment and agreement with our privacy policy. The “User” further acknowledge and agree that The Site may use your personal information in the manner described in our Privacy Policy .

26. The “Company” may terminate this “Agreement,” the “Contract” and the authorization to the “User” to use this “Website” from the moment he/she/it ceases to comply with his/her/its obligations with the “Company.”

It will be a cause for termination of this “Agreement”: (i) the delivery of any inaccurate information by the “User”; (ii) the “User” refusal to update or deliver the requested information; and (iii) the “User” failure to provide instructions within the terms required by the “Company” to continue processing the contracted services.

27. All communications between the parties will be via e-mail or fax and directed to the “Contracting Parties” addresses.

28. These Terms, the use of the site and IPWIT’s collection and use of customer information shall be governed by, construed and enforced in accordance with the laws of the Country that the services are ordered for without regard to its choice of law provisions. Any action the “User” or any third party may bring to enforce these Terms in the United States, shall be brought only in either the state or Federal courts located in Miami, Florida, and the “User” expressly consent to the jurisdiction of said courts.

29. The “User” also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

30. The “Company” reserves the right, without expression of cause, to reject any request for service.

31. All new Services requests ordered directly to the managers without using this web site will be subject to these Terms of Use.

32. The “User” acknowledges that they have read, understand and agree to be bound by IPWIT’s Anti-Spam Policy available here.

The “User” agrees that IPWIT may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then the “User” agrees to pay IPWIT liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with their Account.

33. The Site has the right terminate your access for any reason if we believe you have violated these Terms in any manner. You agree not to hold the Site liable for such termination, and further agree not to attempt to use the Site after termination.

34. You agree that, except as otherwise provided in this Terms of Use, there shall be no third party beneficiaries to these Terms.

35. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Intellectual Property Agent:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.;
b. Identification of Intellectual Property Rights claimed to have been infringed, or, if multiple Intellectual Property covered by a single notification, a representative list of such infringement;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit IPWIT to locate the material on the Site;
d. Your name, address, telephone number and e-mail address and Information reasonably sufficient to permit IPWIT to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
e. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the Intellectual Property Rights owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on

the copyright or intellectual property owner’s behalf. Our Intellectual Property agent can be reached as follows:

Intellectual Property Agent IPWIT
Email: contact@ipwit.com (Please put Intellectual Property Infringement in the subject line)

The Site may, under appropriate circumstances and at our own discretion, disable and/or terminate the accounts of users who may be repeat infringers.

36. Any translation of this Policy is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License Agreement shall govern.

37. Please report any violations of these Terms to: contact@ipwit.com.

38. You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. The Site’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.

39. You acknowledge, consent and agree that the Site may access, preserve and disclose your account information and Content you upload, post, or otherwise make available on the Site if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Federal, State or Local law or authorities (iii) enforce these Terms; (ivii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (vi) protect the rights, property or personal safety of the Site, its users and the public.

40. The Site has no control over and is not responsible for the content of or claims made on websites that may be linked to or from the Site, whether or not they may be affiliated with the Site. IPWIT is not responsible for the privacy practices or the content of any other websites to which the Site links or to which link to the Site.

Below, the specific SERVICES CONDITIONS are described:

TRADEMARK REGISTRATION REQUEST
1. Once the “User” has filled in the “Registration Request” form on the “Web Site”, and payment has been received, the “Company” must render the following services:

a) Process the request according to the model “with advice” or “without advice” chosen by the User.
b) Information: The “User” will be informed, when requested or when circumstances so require, regarding the progress of the registration process.
The “Company” must notify the “User” when his/her/its trademark application has been objected, opposed or accepted.
c) Advice in case of objections: If the trademark application has been objected by the Trademark Office, or opposed by a previous right holder, the “Company” shall notify the “User” this situation, together with a recommendation on the actions to follow and their cost. In this communication the “Company” shall require a response from the “User,” within an indicated period of time, on the actions he/she/it has decided to pursue.
If the “User” fails to respond in the established period of time, the “Company” will not be liable for any ulterior refusal or obstacles the registration process might encounter due to the lack of response. Hence, refunds on the amount paid for the service will not be made.
Therefore, if the “User” wishes to pursue with the trademark registration process once the terms have expired, he/she/it must submit a new request for service on the “Web Site”.
The “Owner” will have the full right to use, earn incomes from and transfer the trademark once it has been duly registered. As soon as the registration number is available, the “Company” will inform the “Owner”.

2. The Contract will enter into force once the “User” submits the Trademark Registration Request through the “Web Site” and pays the corresponding “Fee” for the service.

The Contract will terminate when the “Company” informs the “User” the Trademark Office final resolution which grants the trademark registration or rejects it, based on an objection or opposition.

When a trademark application is rejected, based on an objection or opposition, the “User” has the right to defense. For this it will be necessary to request the corresponding service within the timeframe indicated by the “Company” when notifying the rejection.

In this case, if the defense action is successful, the contract will be extended until a new resolution from the Trademark Office accepting or rejecting the trademark application.

DESIGN REGISTRATION REQUEST
1. Once the “User” has filled in the “Registration Request” form on the “Web Site”, and payment has been received, the “Company” must render the following services:

a) Process the request: The “Attorney” must (i) prepare and submit the Design Application for Registration to the corresponding Design Office, according to the “User” instructions received through the “Web Site” form, and (ii) pay the initial official fees on behalf of the “Owner,” in order for the Design registration process to continue its due course.
b) Information: The “User” will be informed, when requested or when circumstances so require, regarding the progress of the registration process.
The “Company” must notify the “User” when his/her/its trademark application has been objected, opposed or accepted.
c) Advice in case of objections: If the design application has been objected by the Design Office, or opposed by a previous right holder, the “Company” shall notify the “User” this situation, together with a recommendation on the actions to follow and their cost. In this communication the “Company” shall require a response from the “User,” within an indicated period of time, on the actions he/she/it has decided to pursue.

If the “User” fails to respond in the established period of time, the “Company” will not be liable for any ulterior refusal or obstacles the registration process might encounter due to the lack of response. Hence, refunds on the amount paid for the service will not be made.

Therefore, if the “User” wishes to pursue with the design registration process once the terms have expired, he/she/it must submit a new request for service on the “Web Site”.
The “Owner” will have the full right to use, earn incomes from and transfer the design once it has been duly registered. As soon as the registration number is available, the “Company” will inform the “Owner”.

2. The Contract will enter into force once the “User” submits the Design Registration Request through the “Web Site” and pays the corresponding “Fee” for the service.
The Contract will terminate when the “Company” informs the “User” the Design Office final resolution which grants the design registration or rejects it, based on an objection or opposition.
When a design application is rejected, based on an objection or opposition, the “User” has the right to defense. For this it will be necessary to request the corresponding service within the timeframe indicated by the “Company” when notifying the rejection.
In this case, if the defense action is successful, the contract will be extended until a new resolution from the Design Office accepting or rejecting the design application.

REQUEST FOR OTHER LEGAL SERVICES AND LEGAL SERVICES IN GENERAL.
1. Unless otherwise agreed in writing between IPWIT and the “User”, the following terms of business apply for each case which IPWIT shall undertake to carry out at the request of the “User”.

2. Receipt of the case/Entry of case. On receipt of the case, IPWIT examine through their internal procedures whether a conflict of interest exists. If this is the case, IPWIT assist the “User” in finding another lawyer or patent/trade mark attorney. IPWIT expect to receive all relevant and necessary material from the “User” in order to optimize the IPWIT service. In many cases, IPWIT require a signed power of attorney from the “User” which is attached to the order confirmation before the work is initiated. By signature of the power of attorney, the “User” confirms to be informed of IPWIT terms of payment.

3. Confidentiality. IPWIT is under the obligation to treat all information received from the “User” or about the “User” strictly confidential. Furthermore, all work carried out on behalf of the “Usser” is strictly confidential. The duty of confidentiality applies without any time limit.

3. Handling and closing/completion of the case, etc. All assistance is provided in accordance with good business practices. The nature and the extent of the service provided by IPWIT are partly agreed initially with the “User” and partly on a regular basis. IPWIT enters all deadlines received from national and international authorities (in their surveillance system) in all pending cases. If deemed necessary, IPWIT will apply for an extension of terms as far as possible. It is, however, often required that the “User” provide IPWIT with the information necessary in order for IPWIT to observe the time limits given. Therefore, IPWIT ask the “User” for the necessary information in reasonable time. In the event this information fails to appear, IPWIT shall undertake no liability for loss of rights. The “User” is obliged to inform IPWIT of changes in the “User”’s conditions including changes of address, changes of company law or changes relating to IPWIT’s contact person at the company in question. If these requirements are not complied with, IPWIT shall not be held liable in case necessary and important information does not appear from IPWIT to the “User” in due course and which may result in loss of rights. IPWIT shall keep all documents of a case for at least six years from the date of completion of the case. Original documents shall be returned upon completion of the case at the latest.

4. Fees. IPWIT fixes the fee taking into account the extent of the work to be carried out. Furthermore, the responsibility required in connection with the work in question is taken into consideration, the complexity of the case and the degree of specialist knowledge which the work requires. Disbursements are paid by the “User” as a part of the fee. As examples of such fees, public registration and annuity fees can be mentioned. Entering into agreement with the “User” about the service rendered, IPWIT shall at the request of the “User”, provide the “User” with information about the most important elements in the service rendered and the size of the estimated fee. Very often it will not be possible to inform the “User” about a fixed fee and in such cases, we shall inform the “User” about in which way the fee has been calculated or provide the “User” with a well-founded estimate. Furthermore, upon request the “User” will be informed about which disbursements IPWIT expect to pay in connection with the case. In the event objections from the authority or a third party shall appear in connection with an application, IPWIT carries out the work necessary in order to ensure the “User”’s right. The “User” is obliged to pay IPWIT for this work. The fee payable is according to the service rendered.

5. Settlement of accounts etc. IPWIT can forward an on account invoice which is payable within two days before the work is carried out. The on account invoice will usually be 70 per cent of the estimated costs in connection with the handling of the application, official fees included. Hereafter, on account settlements are made each quarter. In individual cases, e.g. in cases which “have been shelved” for a longer period of time, this condition can be deviated from thus a settlement is made after a longer period of time, e.g. six months. In cases which have a shorter sequence of time, settlement is normally made by the completion of the case. As a rule, costs related to a case and disbursement shall be settled in connection with on account invoices and final invoice, respectively. The terms of payment of ordinary invoices are net 20 days from date of invoice. In case of late payment, interest of 1.5 per month shall be payable on the amount overdue. In case the “User” does not settle the account, IPWIT reserve the right to suspend work for the “User”. IPWIT will inform the “User” accordingly in writing.

6. Liability, limitation of liability and insurance. IPWIT is held liable for the service rendered in accordance with rules governed by Danish law and has taken out a professional liability insurance with an acknowledged insurance company. The insurance policy can be presented upon request. IPWIT, its shareholders or employees shall not be held liable for indirect loss or consequential damages, including loss of profits, loss of data, loss of profits, goodwill, image, etc. IPWIT cooperates with a number of colleagues in international cases; colleagues which represent the “User” before the authority in the country in question. IPWIT consider all their colleagues as professional partners. IPWIT, its shareholders or employees shall not be held liable for any faults committed by advisers, to which IPWIT has referred the “User”. IPWIT, its shareholders, employees shall not be held liable to any faults committed by other advisers to whom IPWIT has handed over part of the task solution according to prior agreement with the “User”.

7. Governing law and jurisdiction. All disputes arising out of IPWIT’s consultancy including disputes relation to the interpretation of these business terms shall be governed and construed in accordance with the laws of the Kingdom of Denmark. Any disputes shall be brought before a Danish court only.

Effective Date: 05/05/2014

Last Updated on: 05/05/2014

Do you have any Questions

Please don’t hesitate to contact us

contact@ipwit.com