Terms and Conditions
This Agreement (“Agreement”) sets forth the Terms and Conditions (“T&C”) of filing trademark registration or renewal on your behalf by United IP Services (Private company), Headquarter: United IP Services, company number 14779579, address: 20-22 Wenlock Road, London, England, N1 7GU, with Intellectual Property Office of Australia (IP Australia), IPO (Intellectual Property Office) UK, EUIPO (European Union Intellectual Property Office), WIPO (World Intellectual Property Organization) or any other official IP organization depending on the type of trademark you are holding. By signing this document or agreeing to these terms online, either directly or through any representative on your behalf, you automatically and irrevocably agree to these T&C and permit United IP Services to communicate with you (by email or otherwise) and to disclose any and all necessary information in connection with your renewal to any third party service provider(s) assisting United IP Services with the production and processing of paperwork and payments as necessary to prepare and to register your trademark registration or renewal with official Intellectual Property Office of Australia (IP Australia), IPO (Intellectual Property Office) UK, EUIPO (European Union Intellectual Property Office), WIPO (World Intellectual Property Organization) or any other official IP organization depending on the type of trademark you are holding. Such assistance may also include communications (by email or otherwise) with your company, the above mentioned organizations, and with United IP Services. To clarify, United IP Services is a private company and has no connection with the official Intellectual Property Office of Australia (IP Australia), IPO (Intellectual Property Office) UK, EUIPO (European Union Intellectual Property Office), WIPO (World Intellectual Property Organization) or any other official IP organization depending on the type of trademark you are holding. Agreement In-Force: The filing of your trademark registration renewal application may be declined, at the sole discretion of United IP Services. Once your order is received, you are irrevocably liable for the agreed flat fees (including any and all taxes applicable there to) arising in connection with the placement of such Order to the extent United IP Services does not cancel the Order in writing. To clarify, should you subsequently wish to cancel the Order, the flat fees shall remain fully binding and you hereby agree, therefore, to pay the full amount of the Order. The service is to be performed within 30 days from the date of confirmed payment.
1. Responsibility: United IP Services is not liable for any defects in information appearing on this form, whether or not such defects result in losses, delays, and/or prejudice to your trademark registration renewal rights. As such, it is solely your responsibility to carefully review the details contained in the order and to ensure the information is true, accurate, and reflects all goods and/or services that you would like to, in association with the renewal of the trademark in question. No reductions in goods and/or services shall be permitted after placement of the order, unless otherwise agreed in writing between the parties herein. United IP Services shall not make any warranty or representation that any filings with IP Australia, IPO (Intellectual Property Office) UK, EUIPO (European Union Intellectual Property Office), WIPO (World Intellectual Property Organization) or any other official IP organization depending on the type of trademark you are holding.
2. Failure to timely and completely submit your Order or other information: In the event that any information, signatures, authorizations, clarifications, specimens, or remedial information is requested by United IP Services in order to complete the renewal, you agree to comply therewith within 14 calendar days of any such request. Failure to timely return the Order and/or to provide the requested information or documentation may result in your trademark registration renewal not being completed and/or not being accepted by IP Australia IPO (Intellectual Property Office) UK, EUIPO (European Union Intellectual Property Office), WIPO (World Intellectual Property Organization) or any other official IP organization depending on the type of trademark you are holding. In such an event, you will be held responsible and United IP Services will make no refunds. United IP Services shall not have any liability whatsoever in such an event. Further, should your registration renewal application be submitted to IP Australia, IPO (Intellectual Property Office) UK, EUIPO (European Union Intellectual Property Office), WIPO (World Intellectual Property Organization) or any other official IP organization depending on the type of trademark you are holding after the initial deadline for the same, you will be liable for any and all late fees assessed by the above mentioned organization. By signing this document, you understand that United IP Services shall have the right, but not the obligation, to use any available public information, including, without limitation, what is available on the world wide web, your company’s website, public advertisements and/or products, etc., to comply with the IP Australia, IPO (Intellectual Property Office) UK, EUIPO (European Union Intellectual Property Office), WIPO (World Intellectual Property Organization) or any other official IP organization depending on the type of trademark you are holding, requirements in order to renew your trademark on your behalf.
3. Flat Fees: Unless stated otherwise herein, upon receipt of the signed Order or payment of the flat fees, the flat fees shall be fully binding and are nonrefundable. Thus, before placing your order, ensure the filing(s)in question have not been / will not be submitted by any other party on your behalf, as the United IP Services fees are non-refundable. Provided no payment has been made to United IP Services for your renewal, you shall be permitted to cancel your Order in writing (to United IP Services) within thirty (30) calendar days of the date of your representative’s signature on this document, for a flat fee of five hundred fifty EUR (550) which must be paid to United IP Services within ten (10) calendar days of the date of the United IP Services invoice following such cancellation. Failure to timely pay such cancellation fees shall result in the flat fees continuing to be fully binding and non-refundable. Should the official Intellectual Property Office of Australia (IP Australia), IPO (Intellectual Property Office) UK, EUIPO (European Union Intellectual Property Office), WIPO (World Intellectual Property Organization) or any other official IP organization depending on the type of trademark you are holding increase any fees contemplated herein, you shall be liable for such increases.
4. Fees: As consideration for the patent maintenance services provided by United IP Services, you will pay all applicable periodic maintenance fees as due. In case of the application of a patent maintenance service, you will be irrevocably responsible for all of the fees accepted at the time of the agreement. Maintenance fees are subject to change, it is your responsibility to check recent changes before using United IP Services services and incurring fees for those services. Upon using any service provided by United IP Services you become obliged to pay the specified fee for that service. You will be notified when maintenance fees are due, and you will be responsible for paying such fees. In the event that any fees go unpaid by the deadline for payment, whether specified in a payment-due notice or otherwise, United IP Services will have the right to cancel your maintenance of the relevant patent. United IP Services shall have no liability whatsoever with respect to any such cancellation, and or, may reassign or assume the registration of the patent in the event of any such cancellation. The annual fee to maintain a patent, payable to the IP Australia, IPO (Intellectual Property Office) UK, EUIPO (European Union Intellectual Property Office), WIPO (World Intellectual Property Organization) or any other official IP organization depending on the country of patent you are holding differs depending on the respective year of maintenance. These fees are included in United IP Services´s annual service fee.
5. Monitoring: United IP Services´s service includes that United IP Services monitors when an annual fee will be required to pay in order to maintain your patent. United IP Services will then without any further intermediate step send you an invoice regarding the respective annual fee.
6. Authorizations: When executing the Order, you are appointing, via a power-of-attorney, United IP Services to represent you or your company in submitting the trademark registration renewal in question with IP Australia, IPO (Intellectual Property Office) UK, EUIPO (European Union Intellectual Property Office), WIPO (World Intellectual Property Organization) or any other official IP organization depending on the type of trademark you are holding, and to engage (and to utilize support staff to assist) in all other necessary reviews, discussions, appointments, disclosures, and signatures as necessary to complete such submission. United IP Services shall bear no liability of any kind for any deficiency in the services performed by any third party service provider(s).
7. Duty to Cooperate: Upon executing this document (Important information regarding your trademark), you automatically and irrevocably agree to provide all information, contact details, and cooperation necessary for United IP Services to successfully perform the service, and for third-party service provider(s)to successfully perform their supportive services to United IP Services in connection with the trademark registration renewal. In the event of any failure to provide such cooperation and/or information, you shall be fully liable for all fees set forth in the signed document.
8. Taxes and Expenses: All taxes, fees, and expenses incurred in making any renewal or transferal of a particular trademark shall be borne by you. You understand and agree that the fees set forth in the Order are limited to the services expressly listed therein and herein subject to these T&C.
9. Indemnification: You will defend, indemnify and hold harmless United IP Services for any loss, damages or costs, including attorneys’ fees, resulting
from any third party claim, action, or demand related to your trademark, trademark registration, declaration(s) thereof or any use thereof, whether or not authorized, approved or known by you.
10. Governing law: This Agreement shall be construed in accordance with and be governed by the laws of Poland, giving no effect to any conflict of laws and rules. Any dispute shall be finally resolved by arbitration in the court of UK.
11.Entire Agreement: These T&C and the Order constitute the complete and entire agreement concerning the patent/ trademark registration or renewal.