This Agreement ("Agreement") sets forth the terms and conditions of any use of the services of Intellectual Property Agency (private company), I.B.C. number: 65968, 303 Aarti Chambers, Mount Fleuri, Victoria, Mahe, Republic of Seychelles here and after mentioned as IPA. By signing this document and/or by accept- ing this agreement with IPA on the Internet, either directly or through any agent, you automatically and irrevocably agree to these terms and conditions.
1. Agreement In-Force: This Agreement is between yourself and IPA, and will become effective when IPA accepts your request for services. The following terms and conditions apply to this Agreement and IPA`s acceptance of your request for services :(a) IPA may choose to accept or reject your trademark renewal application or renewal application for any reason, at its sole discretion. (b) This Agreement is published at the web address http://www.intellectualpropertyagency.org. IPA may modify it from time to time, at its sole discretion. You are obligated to all of the terms and conditions of this agreement as they may be modified, upon publication of the modifications at this web address. You are obliged to periodically review this web address and this Agreement to apprise yourself of any modifications. (c) In the event that you do not wish to be submitted any changes made by IPA in this Agreement you will remain obliged to pay IPA for all services already provided in accordance with the terms in this Agreement. After IPA have received your request for services and accepted it you are not allowed to cancel your trademark renewals or registrations without IPAs written approval. In case of a cancellation you oblige yourself to pay the full amount of the order to IPA. Orders can be made by telephone, fax, e-mail, Internet or all other possible means IPA accepts oral, written or digital orders.
2. Third Party Rights: IPA cannot and will not inquire into whether the trademark you select may infringe the legal rights of others. IPA urges you to investigate whether the name and trademark you select may infringe such rights of others, and, in this regard.
3. Failure to submit information: In the event that any additional information, signatures or authorizations are requested by IPA in order to complete a registration or a renewal you will be responsible to submit additional requirements within 10 working days. Failure or late submission may cause incompletion of the registration or the renewal. In that event you will be held responsible and IPA will make no refunds. IPA shall have no liability whatsoever in such event.
4. Fees: For trademark registrations and renewal services provided by IPA, you will pay all applicable initial registration fees and periodic renewal fees as due. In case of application for trademark renewal service you will be irrevocably responsible for all of the fees applicable during the time this Agreement is valid. All registration and renewal fees are subject to change and you submit yourself to check recent changes before using IPA services and incurring fees for those services. Upon using any service provided by IPA you become obliged to pay the specified fee for that service. You will be notified when renewal fees are due, and you will be responsible for paying such fees. In the event that a fee is unpaid by the deadline for payment, whether specified in a payment-due notice or otherwise, IPA are entitled to cancel your registration or renewal of the relevant trademark. IPA shall have no liability whatsoever with respect to any such cancellation, and or, may reassign or accept the registration of the trademark in the event of any such cancellation.
5. Authorizations: When accepting these terms and conditions in accordance with an application for trademark renewal service you automatically and irrevocably authorize IPA to conduct negotiations and act on your behalf with any party needed in order to renew or register the trademark in question.
6. Obligation: When accepting these terms and conditions in accordance with an application for trademark renewal service you automatically and irrevocably obligate yourself to provide IPA with all the information necessary for IPA to successfully perform a renewal (for instance login information or authorization codes). If you fail to do so no refund will be made and you are fully liable and fully responsible if IPA fails to successfully perform a renewal.
7. Registrant Information: (a) As part of the registration process, you are obliged to provide IPA with certain and requested information; and to maintain your registration, you must keep this information up-to-date, complete and accurate. This information includes: Your contact information, that is, your full name, postal address, e-mail address (if available), voice telephone number, and (if available) fax number; For a registrant which is a partnership, union, association, corporation, or other collective entity, the name and contact information of an authorized person for notice purposes. Providing inaccurate or incomplete information, failing to update information promptly, or failing to respond within ten (10) calendar days to inquiries by IPA regarding the accuracy of contact information supplied in the registrant's application for a trademark or renewal thereof will constitute a breach of this Agreement; and will as such constitute a legal ground for cancellation of this Agreement. (c) In the event that you choose to license or otherwise will transfer the legal rights to a trademark to a third party, whether for profit or otherwise, you will none the less remain in the register of record, and continue to be responsible for complying with all provisions of this Agreement, including the requirements concerning your own contact information.
8. Taxes and Expenses: All taxes, fees and expenses incurred in registering, renewing, or transferring a particular trademark shall be borne by you.
9. Limitation of Warranty: IPA is not liable to you, your agent, or any other person, for any losses that may occur due to: (a) the loss, lapse, or cancellation of the registration of a trademark; (b) use of your trademark, or any similar or related trademark, by yourself or any third party; (c) access delays or access interruptions to IPA`s registration system; (d) the non-delivery or incorrect delivery of data between yourself and IPA; (e) events beyond IPA 's control, including but not limited to ; (f) the processing of any changes due to force majeure, the record or contact information associated with your trademark, (g) your or your agent’s failure to pay any fees due pursuant to this . Further, IPA is not liable for direct, indirect, special, incidental, or consequential damages of any kind, including lost profits, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, even if IPA has been advised otherwise, has been informed or notified regarding the possibility of such damages, or of the possibility that such damages were reasonably or clearly foreseeable. In no event shall IPA's maximum liability exceed five hundred (500) £. In the event that applicable state law does not allow the limitation of liability for consequential or incidental damages, the liability of IPA is limited to the minimum extent permitted by law. IPA does not guarantee that the registration of your trademark can or will protect your rights from third party challenges: all trademark registration services are provided to you "as is." IPA makes no guarantees of any kind whatsoever, express or implied, in connection with the trademark you are registering or renewing, including but not limited to merchantability, fitness for a particular purpose, or legal usability under applicable intellectual property law, including trademark law. IPA does not guarantee that the trademark you register under this agreement will not be suspended, cancelled or transferred from you to a third party, as a result of legal process or the implementation of the dispute resolution policies of or IPA.
10. Indemnification: You will defend, indemnify and hold IPA harmless, as well as any other relevant trademark consultant, and their directors, officers, employ- ees and agents, for any loss, damages or costs, including attorneys' fees, resulting from any third party claim, action, or demand related to your trademark or any use thereof, whether or not authorized, approved or known by you.
11. Governing law: This Agreement shall be construed in accordance with and be governed by the laws of Sweden.
12. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The place of arbitration shall be Stockholm and the language to be used in the arbitral proceedings shall be English.
13. Completeness: This Agreement and the applicable Dispute Policies, together with all amendments or modifications to them, constitute the complete and exclusive agreement between you and IPA. You may not modify any provision of this Agreement, including the IPA Dispute Policy, regarding your individual transactions with IPA without a written acceptance signed by IPA.