Introduction
These General Terms and Conditions (hereinafter referred to as “Terms”) govern the contractual relationship between 360° iProtect an Egency s.à.r.l project (Registration Number: B266205) , located at 14, rue Robert Stümper L-2557 Luxembourg (hereinafter referred to as the “Service Provider”) and the client (hereinafter referred to as the “Client”). By engaging in any services provided by 360° iProtect, the Client acknowledges and agrees to be bound by these Terms.
Services
Trademark Monitoring
360° iProtect offers trademark monitoring services to the Client. This includes continuous monitoring and tracking of trademarks registered with relevant intellectual property offices. The Service Provider will notify the Client of any potential infringement or unauthorized use of their trademarks.
Copyright Protection
360° iProtect provides copyright protection services to the Client. This includes, filing, witnessing, monitoring and tracking of copyrighted material, issuing takedown notices for unauthorized use, and providing legal support in copyright infringement cases.
Idea Filing
360° iProtect offers idea filing services to the Client. This includes filing ideas to official i-Depot, mainly to the i-Depot offered by the BeNeLux trademark office BOIP.
Client Obligations
Accuracy of Information
The Client agrees to provide accurate and up-to-date information regarding their trademarks, copyrighted material, brands, ideas and any other intellectual property needed by The Service Provider to fulfil the requested services. The Service Provider will rely on the information provided by the Client and shall not be held responsible for any inaccuracies or omissions.
Legal Compliance
The Client acknowledges that they are solely responsible for ensuring the legality of their trademarks, copyright material, brands and ideas. Legal matters will be handled by The Providers legal partners. Clients can also use own legal advisors or lawyers. In this case, The Service Provider will file all documentation to the Client.
Fees and Payments
Pricing
The Client agrees to pay the Service Provider the fees as stated in the agreed-upon pricing schedule or as otherwise communicated in writing. Prices are subject to change without prior notice.
Prices shown in the website are the actual prices and are not negociable. 360° iprotect may, from time to time, offer special prices.
Prices can be changed at any time. Clients using submission services will be informed about price modification including a date on which these modification will be effective.
Payment Terms
All fees and charges are payable by the Client within the specified timeframe indicated on the invoice. All new orders have to be prepaid, means the service will only be executed after reception of the full amount indicated on the invoice. Late payments may result in the suspension or termination of services.
Taxes
The Client is responsible for any applicable taxes, duties, or other governmental charges related to the services provided by 360° iProtect.
Confidentiality
Confidential Information
During the course of providing the brand protection services, trademark monitoring, copyright and brand protection, and idea filing services, both the Service Provider and the Client may have access to confidential information of the other party. Both parties agree to maintain strict confidentiality and shall not disclose, distribute, or use any confidential information for any purpose other than the performance of the services outlined in these General Terms and Conditions, unless required by law.
Exceptions
The obligations of confidentiality do not apply to information that is publicly available or becomes publicly available without a breach of these Terms, or if the information are needed to full fill the service, or if disclosure is required by law or court order.
Limitation of Liability
Exclusion of Liability
The Service Provider, it’s partners, worker, lawyers or any other person in relation with the Service Provider, shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the services provided, including but not limited to damages for loss of profits, business interruption, or loss of information.
Termination
Termination by the Client
The Client may terminate the services provided by 360° iProtect at any time by providing written notice. Any fees paid in advance for unused services shall be refunded to the Client, subject to any applicable deductions. If the service has already been executed, no refund for the service will be made.
Termination by the Service Provider
The Service Provider reserves the right to terminate the services provided to the Client with written notice in the event of a breach of these Terms by the Client. The Service Provider may also terminate the services for any other valid reason, upon providing reasonable notice to the Client.
Effect of Termination
Upon termination, the Client’s access to and use of the services provided by 360° iProtect will cease immediately. The Client remains responsible for any outstanding fees or charges incurred prior to termination. Access to any customer account will also be closed immediately.
Intellectual Property
Ownership
All intellectual property rights, including but not limited to trademarks, copyrights, and trade secrets, relating to the services provided by 360° iProtect shall remain the exclusive property of the Service Provider.
Client’s Intellectual Property
The Client retains all rights to their trademarks, copyrighted material, brands and any other intellectual property. The Service Provider does not claim any ownership rights over such intellectual property.
Amendments
These Terms may be amended or modified by the Service Provider at any time without notification. All modification will be added to the respective page on the website- Continued use of the services following the amendment constitutes acceptance of the revised Terms.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Luxembourg. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Luxembourg. All terms that are not defined by this agreement will be covered by European laws.
Entire Agreement
These Terms constitute the entire agreement between the Service Provider and the Client concerning the subject matter herein and supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written.
Severability
If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
By engaging in the services provided by 360° iProtect, the Client acknowledges that they have read, understood, and agreed to these General Terms and Conditions.
Force Majeure
Neither party shall be held liable for any failure or delay in the performance of their obligations under these Terms to the extent such failure or delay is caused by events beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or governmental actions.
Assignment
The Client may not assign, transfer, or delegate any of their rights or obligations under these Terms without the prior written consent of the Service Provider. The Service Provider may freely assign, transfer, or delegate these Terms or any rights or obligations herein.
Waiver
The failure of either party to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision. Any waiver of any provision of these Terms must be in writing and signed by the party waiving the right.
Language
These Terms are drafted in the English language. In case of any discrepancy or conflict in interpretation between the English version and any translated version, the English version shall prevail.
Contact Information
For any inquiries, notices, or communications regarding these Terms or the services provided by 360° iProtect, the Client may contact the Service Provider at the following address:
360° iProtect 14, rue Robert Stümper L-2557 Luxembourg
Or by Email : [email protected]
Please note, that 360° iprotect does not accept any visits without appointment.
Headings
The headings used in these Terms are for convenience purposes only and shall not affect the interpretation or construction of these Terms.
By engaging in the services provided by 360° iProtect, the Client acknowledges that they have read, understood, and agreed to these General Terms and Conditions.
Independent Relationship
The relationship between the Service Provider and the Client is that of independent contractors. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between the parties.
Electronic Communication
The Client agrees that communication between the Service Provider and the Client may be conducted electronically. The Client consents to receive notices, invoices, and other communications electronically, either via email or through the Service Provider’s online platform.
Data Protection and Privacy
The Service Provider acknowledges and agrees to comply with all applicable data protection and privacy laws and regulations in relation to the collection, storage, processing, and protection of personal data obtained from the Client. The Service Provider shall implement reasonable security measures to safeguard the personal data provided by the Client.
