Revision 21.09.2014
Terms & Conditions of Purchase
1 DEFINITIONS
1.1 “You” or “Buyer” means the individual or organisation who buys or agrees to buy the Services from the Us;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between You and Us for the provision of Services incorporating these Terms and Conditions;
1.4 “Services” means the services that You agree to buy from Us, as presented on this website, including but not limited to trade mark registration, trade mark renewals or trademark search, as the case may be;
1.5 “We”, “Us” or “Supplier” means Intelliquest IP Services Limited of xxx that owns and operates WWW.INTELLIQUEST.CO.UK;
1.6 “Terms and Conditions” means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by Us;
1.7 “Website” means WWW.INTELLIQUEST.CO.UK.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions will affect Your statutory rights as a Consumer.
2.2 These Terms and Conditions will apply to all contracts for the provision of Services by the Us to You and shall prevail over any other documentation or communication from You.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) will be inapplicable unless agreed in writing by the Us.
2.4 Any complaints should be addressed to Our address stated in clause 1.5.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
3 ORDERING
3.1 All orders for Services shall be deemed to be an offer by You to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by Us. We may choose not to accept an order for any reason, even if the payment is done. Should We decide not to accept an order, the payment done by You shall be refunded immediately. Any refund in full will be deemed as a rejection to provide the Services.
3.2 When You make an order through the Website, the technical steps You need to take to complete the order process are described in the relevant application form.
4 PRICE AND PAYMENT
4.1 The price of the Services shall be that stipulated on the Website. The price is exclusive of VAT.
4.2 The total purchase price, including VAT, if any, will be displayed in the shopping cart prior to confirming the order.
4.3 After the order is received We shall confirm by email the details, description and price for the Services together with information on the right to cancel if You a Consumer.
4.4 Payment of the price plus VAT, if applicable, must be made on receipt of Your instructions.. Payment must be made without deduction or set-off.
4.5 Where applicable, if any payment is not done on time or any payment is rejected or refused, the amount owing will be treated as overdue and We will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received. We reserve the right to register any amounts paid to us first against our own fees and subsequently, within existing remaining funds, against official fees. However, we may choose to refund in full the payment should the order be rejected or deemed as such.
5 MONEY BACK GUARANTEE
5.1 We will offer a guarantee only on ‘Our fees’ but not the Statutory Fee payable to the Intellectual Property Office or other Trademark Offices as the case may be and only if the application meets Our criteria for doing so. We will always advise You of this. If there is any reduction in the guarantee You are free to instruct Us not to proceed with the application in which case the order will be cancelled and no fees payable. Alternatively, You may proceed with the application without it being guaranteed but, should the application be refused, You will not be entitled to any refund.
5.2 Should the application that We file on Your behalf as part of Our service to You be rejected by the registry concerned then, if we have guaranteed the application, we will refund “Our Fee” to you following refusal by the registry provided that you have complied in full with these Terms and Conditions .
5.3 Where we have guaranteed an application, the guarantee shall only stand if you continue to pursue and defend your application in the event of an objection from the Examiner or an opposition by another mark owner up to the point that the application is withdrawn other than by your request. Further costs may be incurred by you in order to pursue or defend an application.
5.4 Where, following an objection from the Examiner or an opposition by another mark owner, your mark is permitted to proceed with a more limited specification than that applied for and you have consented to the application proceeding in this way, the application will be deemed to have succeeded and our guarantee will not be payable.
6 PERFORMANCE
6.1 We will begin to perform the Services on receipt of the relevant payment.
6.2 We will perform the Services with reasonable skill and care. However, where applicable, We do not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. We may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
7 OUR RIGHTS
7.1 We reserve the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. We will make every effort to ensure prices are correct at the point at which You place an order.
7.2 We reserve the right to withdraw the Services from the Website at any time.
7.3 We will not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
8 AGE OF CONSENT
8.1 By placing the order You declare that You are of at least 18 years of age when you pay for the Services.
8.2 If We discover that You are not legally entitled to order certain Services, We will be entitled to cancel the order immediately, without notice.
9 CANCELLATION
If You are a Consumer, You have the right to cancel the Contract, by notice in writing, at any time before seven working days have passed from the day after the Contract was made. If, however, We start to perform our side of the Contract before You exercise this right to cancel, the right to cancel is lost.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where You are dealing as a Consumer, in the event of any breach of these Terms and Conditions by Us, Your remedies will be limited to damages which shall in no circumstances exceed the price of the Services and We will under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
11 WAIVER
No waiver by Us (whether express or implied) in enforcing any of its rights under this agreement shall prejudice our rights to do so in the future.
12 FORCE MAJEURE
We will not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and We will be entitled to a reasonable extension of our obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
14.1 We will be entitled to alter these Terms and Conditions at any time but this right will not affect the existing Terms and Conditions accepted by You upon making a purchase.
14.2 Any renewal of the Services will be subject to the then current Terms and Conditions.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
SCHEDULE
Special Conditions
The service applied for can only be carried out on payment of the relevant fee (if applicable).