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Terms of ServiceThe following Terms of Service (hereinafter referred to as the “Terms”) are effective between IP Online Ltd of 60-62 Kings Road Reading RG1 3AA United Kingdom (hereinafter called the “Provider”) and [company name and address] (the Account Holder
as hereinafter defined) as of
the date hereof. The Terms govern the use by
the Account Holder of the Provider’s web site and related forms, Wizards,
processes and tools and other software as currently existing and subsequently
enhanced or modified. Definitions"The
Service" is the provision of an on-line Trademark Management System and
related services as available through the Provider’s web site from time to
time "Account Holder" is the company, firm, individual or other entity registered to use the Service, and includes each individual with a User ID and password for the use of the Service "Core trademark data" consists of the details of trademark applications and registrations typically available from public records of national Patent and Trademark Offices "The
Provider’s web site" means the web pages at the URL provided by the
Provider to access the Service "The System" means the trademark management software system provided hereunder Limited
License Subject to
the terms and conditions herein, Provider grants to Account Holder a
non-exclusive, non-transferable right to access and use the Service through the
Provider’s web site. Provision of Service and
Continuity of Service
The Provider will make the Service available on-line 24 hours per day, seven days a week, for the term of the agreement, subject to the following qualifications.
Registration Process and RequirementsAccount
Holder undertakes that the information entered in to the Registration Form is
complete, correct and current. Account Holder further undertakes to keep the
registration information up-to-date by notifying
Provider of any changes. Account Holder is responsible for all
activities, acts or omissions that occur under the Account Holders’ passwords
set up to access the Service. Confidentiality
of Data
Both
parties acknowledge that all information disclosed or made available by one
party to the other which is marked by the disclosing party as
"confidential" and which is by its nature confidential shall be
treated by the other party as confidential. Information entered in to the system by Account Holders of the Service will be considered to be confidential information, apart from core trademark data. Data Backups and Downloads
The Provider
undertakes to back up all data in the system on a daily basis. The Account
Holder acknowledges that it has the ability at any time
to download data entered into the system, and the ability to print
reports containing such data and undertakes to establish its own back up
procedures for such data. Training & Support
The Provider agrees to provide telephone training to the Account Holder and to
provide a telephone help-line service during
normal business hours (PCT) (excluding public holidays) for assistance in
operating the system. Warranties,
Liabilities & Remedies The
Service is provided on an “as is” and “as available” basis and no
warranty, express or implied, as to condition, quality, performance,
merchantability or fitness for purpose of the System is given and all such
warranties are hereby excluded. Provider
warrants that services provided to the Account Holder by Provider under this
Agreement shall be provided with reasonable care and skill. In
no event shall Provider be liable for indirect, special, incidental or
consequential loss or damage arising from the supply or use of the System. Provider’s
entire liability and the Account Holder’s sole and exclusive remedies for any
damage or loss in any way connected with the System, or services provided by
Provider, whether by Provider’s breach
of warranty or any breach of any other duty, shall be, at Provider’s option,
re-performance of services or return or credit of an appropriate and mutually
agreed portion of any payment made or to be made by the Account Holder with
respect to such services. The
Account Holder acknowledges that Provider does not practice law, and that any
documents produced by, or dates calculated or reported by the System, are
intended as suggestions only for experienced and qualified trademark
practitioners; and it is the Account Holder’s sole responsibility to review
any documents produced by the System to ensure that such documents are suitable
for the Account Holder’s intended purposes; and to review any date rules
included in, and dates calculated
or reported by the System to ensure that such dates and rules are correct.
Indemnity Account
Holder agrees to indemnify and hold harmless Provider and its directors,
officers and employees from any claim, demand or damage arising out of the
Account Holder’s use of the Service or the Provider’s web site. IP Ownership
This
agreement does not transfer any intellectual property rights in the System to
the Account Holder, and all right title and interest thereto remains with the
Provider Modification of ServiceProvider
retains the right to modify the Service at any time Term and
Termination of the Service Provider
will provide the Service for an initial period of three months counting from the
end of the month in which the Account Holder accepts the terms hereof, and
subsequently for three month periods for as long as the Service is offered and
Account Holder pays all sums due to provider for the Service. Provider may, in
its sole discretion, terminate the Service to Account Holder at the end of any
three month period upon giving Account Holder 30 day’s notice of such
termination. Entire
Agreement These Terms of Service constitute the entire agreement between Provider and Account Holder and supersedes all prior communications and proposals whether written or oral. Fees and Payment
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