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Terms of Service

These terms of service for PCT national phase entry and patent filing services provided by Dennemeyer & Associates (hereinafter “DA”) will determine the relationship between DA and its clients. By using the DA interface and/or DA services you agree to be bound by the terms of service set herein.

Scope of services

DA service offerings include administrative and coordination services with respect to worldwide patent filings as well as nationalizations and regionalizations of PCT applications, through DA’s innovative and easy-to-use, web-interface available on DA’s web-site or through docketing software provided by Dennemeyer S.A.

Website Registration

You agree to provide true, complete and accurate information upon creating your account and to update your account details in a timely manner should they change.

You agree not to disclose your account details and keep them in strict secrecy and confidentiality. You agree that DA shall not be responsible for any losses caused due to unauthorized use of your account.

By creating an account you grant DA and/or its associates and agents the authority to contact you using your account details.

DA reserves the right to block your account or to limit your access to all or some of the services if DA finds that your account is being misused.

You are responsible for use of the services provided by DA and declare that you have the authority to form a binding engagement with DA. By using the services, you declare that you agree with the terms of service and any changes made to the terms of service. You must notify DA immediately if you become aware of any security breach of your account.

Quotations and Orders

Quotations for services will be provided in writing upon your request directly via the web interface and/or via e-mail and will be valid for 14 business days.

Our fees are subject to change at any time without prior notice.

Whilst we take extreme efforts to provide you with the most accurate costs for the services, we cannot guarantee the accuracy of the costs. The quotes provided automatically by our web interface are calculated based on your PCT application “as filed” together with the inputs added and or revised by you. It is your responsibility to verify these inputs before placing an order. DA bears no responsibility for any losses arising from the use of any incorrect input provided by you.

It is understood that some aspects of the fees involved cannot be automatically calculated due to lack of information at the time of calculation such as the need to file sequence listings, the number of claims and word count, if claims are amended etc. Hence, some assumptions are applied while calculating the costs. You may choose to change these inputs via the web interface or to contact us and we will provide you with an accurate cost estimate which will include these special elements.

DA reserves the right to further charge you if our calculations were based on any wrong input provided by you and/or due to fluctuations in foreign currency and official fees occur between the time the order is placed and the time of providing the respective service.

It is agreed that a quotation received from DA shall not constitute an offer to provide you with any services unless confirmed in writing by DA.

The Intellectual Property Laws provide strict and clear deadlines with respect to each and every action to be taken on your behalf. You agree that we will not be responsible where your instructions were not provided by the dates prescribed by us or where your instructions were incomplete or unclear. We will do our best to assist you in case of late or urgent instructions and you agree that late filing fees may apply in such cases. In case late filing fees are applied it will be indicated clearly on our invoices to you.

You agree to provide DA with all the relevant documents required for the services and send them to DA within the deadline prescribed in our communications. Late filing of any such document will result in additional fees and/or could cause loss of rights.

You may cancel your order at any time by a written notice to DA. DA will approve your request unless the service has already been provided or in case DA sent irrevocable instructions to the respective agents or associates regarding your order. DA reserves the right to charge you for any irrevocable costs incurred following your cancellation notice.

You agree that your payments will be made in the currency stated on DA's invoice and that payments will be made according to the terms provided in DA’s confirmation of acceptance notice of your order.

Default

In the event that you do not comply with any or all of your commitments and obligations, including but not limited to, fail to make payments according to the terms agreed upon and/or in the event that you become insolvent or bankrupt and/or if you do not respond to our communication, DA may, without prejudice:

i) stop providing any further services to you
ii) apply any credit you may have with DA to cover any unpaid invoices or services taken on your behalf.

DA will not be liable for any loss of rights or damages caused to you by exercising its rights under this section and will not exempt you to pay DA costs for exercising its right and/or outstanding invoices.

Responsibilities

In countries where DA does not act through its own offices, we will act as an agent establishing the relationship between you and a local representative. DA will not be responsible for any errors, lapse or loss of rights which may be caused to you or to a third party, directly or indirectly, as a result of actions taken by these representatives on your behalf. Therefore, DA will not be responsible and/or liable for errors, negligence, malpractice and/or loss of rights which may occur during the prosecution and or filings handled by another party.

You agree that all your instructions will be provided to DA in writing. Only in urgent cases and at DA's sole discretion, will DA accept verbal instructions from you, which DA will perform and simultaneously confirm to you in writing. DA’s confirmation of your instructions in writing will constitute your confirmation as to the substance of such instructions by you.

To the fullest extent permitted by applicable law, the total aggregate stipulated damages liability of DA to you (and to any affiliate thereof for, or in respect of which, the services may be performed), regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranty, failure of essential purpose or otherwise, in connection with the performance of the services, shall be limited to three times the fees actually paid to DA in respect of such services.

Force Majeure

DA further clarifies that it will not be responsible and/or liable for any damage, including special, consequential or indirect damage, which occurred due to or which may have been caused by fire, earthquake, war, terror attack, serious commotion of the public order, closure of or prevention of registration offices in any jurisdictions, shortage of reasonable resources or the supply of vital equipment for the system, action or negligence by a supplier or restrictions imposed due to rules or government regulations or orders, instructions by a legislative or regulatory authority, military or security restrictions, means for the prevention of fraud, or other causes which are not under its control.

Links

DA web interface and/or services may include links to third party websites. DA shall not be liable for the accuracy of the content provided in such websites. DA shall have no liability for the content or services offered by these third party websites.

Please note that the DA website is undergoing continuous improvements. The website, its software and all its contents are provided on an “as is” and “as available” basis. DA does not give any warranties, whether express or implied, as to the suitability or usability of the website, its software or any of its contents. Should you encounter any bugs, glitches, lack of functionality or other problems on the website, please let us know immediately so we can rectify these accordingly. Your help in this regard is greatly appreciated.

Although we believe the information provided on the DA website is correct, DA is not responsible for its accuracy.

The web pages are for the public use as general information only and are not provided as legal advice whatsoever.

Links to other websites are provided as of possible interest, but DA is not responsible for the accuracy of their contents.

We take no responsibility for any losses or inconveniences caused as a direct or indirect result of reliance upon any of the information contained in this website.

General provisions

We will be able to communicate with you in any of the following manners: mail, facsimile, e-mail, at the addresses and/or telephone and facsimile numbers provided by you and as appearing on our website or communications. We accept no responsibility for e-mails lost, not communicated, destroyed, blocked, returned or in any manner obstructed by a SPAM FIREWALL or such device or software. We also take no responsibility for any losses or inconvenience caused as a direct or indirect result of such blocking of any communications. In case you are not interested in receiving messages or documents via one of the means of communication mentioned above, you must specifically inform us thereof and instruct us accordingly in writing.

In the event you no longer wish to receive services by DA you must inform DA of your decision thereof immediately and in writing. Failure to inform DA thereof in writing may result in DA's continuing to handle your matters and incurring expenses on your behalf, which expenses you will be responsible to reimburse DA.

Governing Law

Your engagement with DA and this document shall be governed by and interpreted in accordance with the laws of Luxembourg. The ordinary Courts of Luxembourg shall have exclusive jurisdiction to adjudicate on any allegation and/or dispute which might arise during your engagement with DA or based on these terms of service.

We welcome you as part of DA’s clientele; look forward to providing you with our services with respect to your Intellectual Property requirements and hope for a fruitful and long-lasting relationship.