Terms & Conditions
Our Contact details:
IP Lab Limited
PO Box 471, St Peter Port, Guernsey GY1 6AU United Kingdom
Phone: 01481 722 722
Fax: 01481 720 518
Email: ip [at] iplab [dot] co [dot] uk
TERMS & CONDITIONS
Last updated August 2011
Article 1 - General Provisions
1.1 These terms and conditions which include the Returns Policy, Intellectual Property Policy and Privacy Policy, are applicable to any use of iplab.co.uk, iplab.eu and iplab.net.au and mirrored websites ("Website"), any representations IP Lab makes to you and to any agreements concluded between you and IP Lab.
1.2 The services provided under the Website are supplied by IP Lab Limited ("IP Lab"). IP Lab is a Guernsey registered company, registration number 40912 whose registered office is at 3 Maryfield, Green Lanes, St Peter Port, Guernsey, GY1 1TN.
1.3 By placing orders either by telephone, email or through this Website you are offering to contract with IP Lab for the supply of intellectual property or brand management services, (also described in these terms and conditions as "services" or "products").
Article 2 - Offers and Acceptances
2.1 Any advertisement or representation made on this Website shall not be construed as an offer by IP Lab, but merely an advertisement. You will be making an offer when you complete the on-line order form, or place an order by telephone or email.
2.2 When you place an order to purchase a service from IP Lab, whether through the Website or by telephone or email, you will receive an e-mail confirming receipt of your order and the details of your order. Your order represents an offer to purchase a service which is accepted by IP Lab when you have received an e-mail confirmation from IP Lab. If there is a problem with your order IP Lab will endeavour to contact you by email or by telephone. By placing your order through the Website you acknowledge this mechanism of concluding agreements with IP Lab. You shall fully, accurately and truthfully complete the ordering system to be found on the Website.
2.3 The prices stated on the Website are ex Tax. As IP Lab is based in Guernsey in the Channel Islands, no VAT is payable by you to IP Lab for the provision of its services.
2.4 IP Lab may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by IP Lab associated with it, including, but not limited to, any pricing error on the Website.
2.5 As your order is processed you will be informed by e-mail or telephone if any of the services are unavailable or if there is any problem fulfilling any part of the service request.
Article 3 - Cooling-Off Period
3.1 Due to the bespoke nature of the services, once IP Lab has agreed with you that any services shall be provided no refund of any fees paid can be made. Until such time fees may be refunded to you subject always to IP Lab's discretion and taking in to account any reasonable expenses incurred by IP Lab up to the point of cancellation.
3.2 In the event that the service requested can not be carried out, IP Lab will refund all monies paid subject always to the discretion of IP Lab and always subject to 3.1 above. Any reasonable expenses incurred by IP Lab to date will be deducted from any refunds due. For the avoidance of doubt, in the event that an application has been made to a relevant trade mark registry, the full cost of the services will be charged, irrespective of whether the application is later withdrawn for whatever reason.
Article 4 - Payment
4.1 You shall pay for any services or products ordered by you by credit or debit card unless prior arrangements have been made and agreed with IP Lab. To protect and secure your card data in the best possible way, it will be immediately processed by SagePay (formerly Protx) with no credit card information either collected or stored by IP Lab. In the case of telephone orders which require payment by credit card, IP Lab has signed up to to the Payment Card Industry Data Security Standard (PCI DSS) with Security Metrics, ensuring its compliance when processing credit card details.
4.2 Disbursements - all trade mark applications and other forms of intellectual property application and registration require that IP Lab pays disbursements to government bodies on behalf of an applicant. In the event that cleared funds have not been received within 21 days of an order being placed, IP Lab will not proceed with the payment of any disbursements on Your behalf. This may result in Your application lapsing and may require an application to be refiled. IP Lab therefore requires that all orders are paid for within this 21 day period to ensure that disbursements can be made in a timely way and to ensure that Your order is fulfilled efficiently. In the event that an application has been filed and fees remain outstanding, IP Lab reserves the right to deal with the application and make such provisions as it sees fit to recover the outstanding fees.
4.3 As soon as we have agreed an order with you, IP Lab will procees that order and, if applicable, make the appropriate filing on your behalf. In the event that we do not receive full settlement for an order within 21 days IP Lab will, in all cases, seek payment in relation to its professional fees, irrespective of whether any relevant filing has lapsed due to non payment of official fees.
Article 5 - Liability
5.1 Any liability of IP Lab resulting from the delivery of the services or products will be limited to direct damages up to the amount of the price stipulated for the items concerned. Liability for indirect damages is excluded.
5.2 Without prejudice to the provisions set out above, IP Lab will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper request for the services or products.
5.3 IP Lab shall not be held liable for any information held on websites which may have links to or from the Website and which are not maintained and controlled by IP Lab.
Article 6 - Force Majeure
6.1 Neither IP Lab nor yourself will be obliged to fulfill any contractual obligation if either of us are prevented from so doing due to a circumstance outside our respective control including but not limited to postal strikes, electrical failure, transport interruption, etc, ("Force Majeure"). For purposes of any Agreement and in addition to the above definition and any cases implied by law, Force Majeure will be defined as any and all external causes, whether foreseen or unforeseen, which are beyond IP Lab's control, but as a consequence of which IP Lab is unable to fulfill its obligations. Such will include strikes.
6.2 While a Force Majeure continues to operate IP Lab and you may suspend their respective obligations under any Agreement. If this period of suspension lasts over 2 months, either party will be entitled to treat any order accepted by IP Lab as terminated without further obligation to the other.
6.3 If IP Lab has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, IP Lab will be entitled to charge you for that fulfilled part.
6.4 Once a Force Majeure is operating if you have paid for a service or product yet to be completed, IP Lab shall return to you the amount paid, subject to clause 3.1 above
Article 7 - Disputes
7.1 If proceedings are brought by you against IP Lab such proceedings shall be brought in an appropriate court in Guernsey. This Agreement shall be construed in accordance with Guernsey law.
Article 8 - Intellectual Property
8.1 You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any services or products advertised on the Website nor introduce any modifications to the services or products supplied by IP Lab unless the nature of the delivered service or product dictates otherwise.
8.2 Use of the Website does not constitute a licence to use in any way, any of the Trademarks owned by IP Lab, including but not limited to the words IP Lab and the IP Lab logo.
8.3 All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Website are the copyright of IP Lab, or their content providers where applicable. Permission is granted to users to download and print one copy of the Website for their own personal, non-commercial, use. Any other use of the Website including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Website without prior written consent from IP Lab is strictly prohibited.
8.4 You may not create and/or publish your own database that features substantial parts of the Website without the prior written permission of IP Lab.
Article 9 - Rules for use of content
9.1 You may not in any way commercially exploit any content obtained from the Website without the express permission of IP Lab and must abide by the trademark, copyright and other proprietary restrictions and licenses displayed on the Website.
Article 10 - No Warranty
10.1 IP Lab reserves the right to make changes to the Website, policies and these Terms and Conditions at any time. You will be subject to the Terms and Conditions in force at the time that you use the Website or that you order services from us. If any of these conditions is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
10.2 The Website is provided "as is" and IP Lab excludes all warranties of any kind to the fullest extent permissible by law and does not guarantee the accuracy or completeness of the Website or any information or content or that it is free of defects or viruses.
Article 11 - Indemnity
11.1 You agree to indemnify IP Lab and IP Lab from any proceedings brought against it to the extent that such proceedings arise in connection with your use of the Website in breach of the Terms and Conditions of use, including this Intellectual Property Policy, or with any claim for infringement of any third party intellectual property rights, or with any claim for defamation arising from your particular use of the Website, including any information which you enter on the Website.
Article 12 - Disclaimers and Limitation of Liability
12.1 You agree that the Website, including the content, is provided free of charge. IP Lab will not be liable to you or any person for any loss or damage of any kind which may arise from the unauthorised use of the Website and the use of any information contained within it.
12.2 IP Lab shall not be held liable for any information held on websites which may have links to or from the Website and which are not maintained and controlled by IP Lab.
12.3 The Website is intended for use within the EEA and the Channel Islands. IP Lab makes no representation that any services referred to on the Website is appropriate for use, or available, outside the EEA and the Channel Islands. Those who choose to access this site outside of the EEA and the Channel Islands are responsible for compliance with local laws to the extent that local laws are applicable.
12.4 By using this Website, you consent to the Terms and Conditions and disclaimers, as defined by IP Lab. IP Lab reserve the right to change these Terms and Conditions and disclaimers at any time.
12.5 IP Lab will use their reasonable endeavours to ensure that the Website is fully operational. Due to the nature of the Internet, IP Lab cannot guarantee that the Website will be free from delays, interruptions or errors. IP Lab take all reasonable efforts to ensure that information on the Website is correct, but give no representations or warranties, express or implied, in relation to the accuracy or completeness of the said information. Accordingly, IP Lab does not accept any liability for any damage or loss suffered by you (whether direct, indirect, special, incidental, punitive or consequential loss, including loss of profits) arising as a result of the Website or the information therein.
Article 13 - Waiver
13.1 If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach these Terms and Conditions.