1. Terms used in the Agreement
| SITE |
Internet web site http://regimark.eu |
| AGREEMENT |
Terms and Conditions of the Agreement |
| SERVICE PROVIDER |
Regimark, Company Registration No. 40203147115, established and existing pursuant to the laws of the Republic of Latvia, the operator of the Site and service provide through the Site |
| USER |
Legal or natural person having registration on the Site and/or using the Services provided by the Site |
2. General conditions
2.1. The terms of this Agreement apply to any use of regimark.eu web site. By accessing this web site, the pages contained on it, and the products, services, information, tools and material contained or described herein and / or using the information provided on or via this site, you acknowledge your Agreement with and understanding of the following terms of use, and you agree to be bound by this Agreement.2.2. The information published on the Site shall be considered a commercial communication. By registering on the Site, all Users accept in advance any communication of commercial nature that they may receive from Service Provider or its related partners via the Site or electronic mail. The User is entitled to abandon electronic mailing.
2.3. The trademarks and logos used in the Site are the property of the Service Provider and /or respective owners and are protected by the standing rules and regulations on intellectual property and may not be used in any way whatsoever by third parties without the authorisation of their owner. The Site contains materials, designs, graphics and images that are owned by the Service Provider and that are protected by copyright rules and regulations. These materials or any part thereof shall not be reprinted, published, distributed, relayed, or transferred in any way whatsoever without the prior authorization of the Service Provider.
2.4. The information available on this Site was prepared on the basis of publicly available information, internally developed data and other sources believed to be reliable. This information is subject to change without notice. Reasonable care has been taken to ensure that the materials are accurate and that the opinions stated are fair and reasonable. All opinions and estimates do not constitute general or specific legal advice or substitute for consultation with professional legal advisers. Products and services may not be available to or suitable for you. You may wish to consult us to obtain a specific information or proposal concerning your situation, legal obligations and risks before making any decision.
2.5. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, Service Provider does not guarantee or warrant that the Site will be uninterrupted without delay, error-free, omission-free, or free of viruses.
2.6. Service Provider reserves itself the right to change the Agreement anytime and the use of the Site will be submitted to the most recent Agreement, available on the Site at the moment of the use.
3. Services rendered through the Site
Service Provider on the conditions of this Agreement provides the following Services through the Site: .3.1. Trademark search:
3.1.1. Conducting trademark search amongst EU trademarks and international trademarks valid in the territory of the European Union in EUIPO (European Union Intellectual Property Office) and WIPO (World Intellectual Property Organisation) databases; analysis of search results, recommendations of the patent attorney;
3.1.2. Conducting searches amongst EU trademarks, international trademarks extended to the European Union and national trademarks of 28 countries of the European Union in EUIPO, WIPO and national databases (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden); analysis of the search results, recommendations of the patent attorney;
3.1.3. Full search of identical or similar trademarks, valid in the territory of the European Union; analysis of the search results, recommendations of the patent attorney.
3.2. Preparing and electronic filing of an application for EU trademark (EUTM) registration, processing of trademark images, preparing and sending the User via e-mail the filing report, checking and forwarding via e-mail EUTM Registration Certificate.
3.3. Preparing and electronic filing of an application for Registered Community Design (RCD) registration, processing of design images, preparing and sending the User via e-mail the filing report, checking and forwarding via e-mail RCD Registration Certificate.
4. Costs and services
4.1. To order the Services the User shall fill in the corresponding order form, placed on the Site. For filling in the form and obtaining the Services registration on the Site is not obligatory. Registration allows tracing the order status and the order history of the certain registered User.4.2. User is responsible for the correctness of completion of all positions of the order form. In case of errors or providing incomplete information, the Service Provider has no responsibility for timely and qualitative execution of the order.
4.3. In the order form the User mentions full requested information. The Service Provider provides Services in full conformity with the information mentioned by the User in the order form. .
4.4. Service Costs include official fees and patent attorney fees according to the current schedule of charges of the Service Provider.
4.5. Service Provider renders services (excluding p.3.1.3) within three working days of the receipt of the payment for the services.
4.6. Service Provider is entitled to refuse the User in offering the Services at any time before receipt of the payment without assigning any reasons.
4.7. Service Provider is entitled to refuse the User in ordering the Services after receipt of the payment in case the Service Provider has doubts regarding information credibility provided by the User when filling in the order form including but not limited to the name and e-mail address of the User.
4.8. In case of refusal in rendering Services to the User, the Service Provider refunds all the money assigned by the User, excluding intermediary fees, used for money transactions. Refund to the User is done the same way and using the same payment details, which have been used for paying the services of the Service Provider.
5. Liabilities of the Parties
5.1. Service Provider undertakes.5.1.1. to provide the User with the Services and follow the request of the User related to the Services according to the description of Services, if the User’s request does not contradict with the Service rules and limitations listed therein and provided by the law of the Republic of Latvia;
5.1.2. to keep full confidentiality in respect of commercial, service and financial information received from the User or other sources in the course of providing Services. Also the Service Provider undertakes to keep confidentiality in respect of the terms and conditions, the status and results of the provided Services as long as it is necessary for the interests of the User. Termination of the present Agreement on any grounds does not remove the said liabilities from the Service Provider. User’s or order information can be revealed only in cases stipulated by the law of the Republic of Latvia. Information on confidentiality and private information policy is placed on the Site.
5.1.3. to provide the User with a possibility to obtain information on the status of the order.
5.2. Information mentioned by the User in the Service order form is not private in the frames of p. 5.1.2 and can be used for providing the Services in accordance with the set procedure.
5.3. User undertakes:
5.3.1. to independently get acquainted with the text of the Agreement, to check for any amendments and Enclosures thereto;
5.3.2. to timely provide the Service Provider with all information necessary for the ordered Service. In case of lacking the necessary information the Service Provider is entitled to refuse the User in providing the Services.
5.3.3. to timely settle the invoices and cover expenses in respect of the Services provided by the Service Provider. The Service Provider does not render services for the User in case the amount paid by the User is not sufficient for ordering the Services.
6. Liability Limitation
6.1. Service Provider is not liable for any expenses of the User or for any direct or indirect damages of the User resulting from using the Services of the Service Provider, caused to the User and resulting from the use or inability to use the Services, and caused because of the errors, absence, interruption of work, deletion of files, amendment of functions, deficiencies, delays in work when transmitting the data, etc., for which the Service Provider is not liable.6.2. Service Provider is not liable for the work of the intermediate duties or services used for providing the Services to the User, but not owned by the Service Provider, such as: banks, postal service, Internet providers, electronic mail service, payment systems, etc.
6.3. Service Provider covers in part or in full the damages of the User, on request of the latter, only in case the claimed damages result from the errors of the Service Provider; at that the amount of damage compensation cannot exceed the amount of the services for processing the order, which is an object of the request.
6.4. Parties are not liable for full or partial non-fulfilment of their liabilities according to the Agreement, if such non-fulfilment results from force majeure circumstances, i.e. extreme and unavoidable in the given conditions circumstances of the Parties including also mass disorders, prohibitive measure of the authorities, acts of nature, fires, catastrophes, and other force majeure circumstances, as well as electricity shortfalls, global shortfalls in the work of Latvian and international segments of Internet network, routing system failures, failure of the domains distributed system, failures resulting from hacker or DOS-attacks. User is entitled to request the Service Provider to solve the problems of rendering the Services excluding the cases of force majeure circumstances.
6.5. Service Provider is entitled to amend or delete without noticing the User any information displayed on the Site.
7. Dispute Settlement
7.1. Service Provider is acting pursuant to the laws of the Republic of Latvia. Any dispute in connection with the use of the Site or the Services rendered through the Site according to any Service Agreement is governed by the laws of Republic of Latvia. All litigation with respect to the Site and use of the Site, as well as with respect of any Service Agreement shall be submitted to the exclusive jurisdiction of Republic of Latvia and in accordance of the relevant laws of the Republic of Latvia.7.2. Any access to this Site shall be considered to have taken place at the operating office of Service Provider at the date and time shown on the Service Provider’s server, with the log of connections serving as proof of this.
7.3. User’s claims are accepted in writing not later than within 3 (three) working days since the dispute arose. The claims are considered within 10 (ten) working days.
7.4. In case there arise disputes or misunderstandings in respect of execution of the Agreement, the Parties try their best to solve them by negotiations between the Parties. If the disputes are not solved by the means of negotiations, they shall be solved as stipulated by the law of the Republic of Latvia. In case non-settled disputes between the parties appear, each party can protect its infringed rights as stipulated by the law of the Republic of Latvia.
7.5. In case any point of the Agreement cannot be literally fulfilled, it shall be interpreted as stipulated by the law of the Republic of Latvia taking into account the initial interests of the Parties, at that the remaining part of the Agreement continues its existence in full. Common practice of the behavior of the Parties or practice of rendering common Services cannot be a reason for amendment of the provisions of the Agreement.
8. Agreement validity,amendments to and termination of the Agreement
8.1. Agreement is valid since it is accepted by the Service Provider and until the liabilities of the Parties are completed in full.8.2. Service Provider is entitled to terminate providing all Services, if the User infringes the Agreement.
8.3. If the User provides incorrect information or the Service Provider has serious reasons to suggest that the information provided by the User is incorrect, incomplete or imprecise, the Service Provider has a right to stop or cancel the order of the User and refuse the User in providing Services or parts thereof.
8.4. Service Provider is entitled to terminate providing Services in case the User has caused damage to the Service Provider or third persons by indirect or direct infringement of the terms and conditions of the Agreement.
8.5. On termination of the Services, the Service Provider is not liable for noticing or failure to notice the third parties on depriving the User of the access and for possible further consequences resulting from such notice or failure to notice.
8.6. Continuation of using the Services within 10 days after noticing on the amendment of the existing Terms and Conditions of the Agreement will be considered as consent to the amendments and additions made. If the User disagrees with the Terms and Conditions of the amended Agreement, the User shall within the mentioned time forward a written notification on non-consent to the e-mail mentioned on the Site.
8.7. Service Provider is not liable for noticing or failure to notice the third parties on the possible further consequences resulted from such noticing or failure to notice.