CPA Direct Service terms and conditions
Please read these terms and conditions carefully before ordering any products or services from this web site. You should understand that by ordering any of the products and services available from this web site you agree to be bound by the terms and conditions of this Agreement, which shall be deemed to incorporate our Web site terms and conditions.
You should print a copy of this Agreement for your future reference.
CPA’s full details and our address are set out on our Web site terms and conditions page.
You can contact us by telephone on +44 (0) 1534 888711 or by e-mail to patents@cpaglobal.com or trademarks@cpaglobal.com
DEFINITIONS
“Agreement” means these terms and conditions;
“Associates” means any company or partnership which is wholly or partly owned by any of our partners and any holding and subsidiary companies (as defined by Article 2 of Companies (Jersey) Law 1991 of such company or partnership and any partnership of which such company is a partner, and any of their subcontractors, agents and other representatives;
“Services” means any or all of the CPA Direct services available from this Web site, as more particularly described in the
CPA Direct Service Guide.
"Web site" means the CPA Direct service pages of the web site located at www.cpaglobal.com
“we/us/our/CPA” means Computer Patent Annuities Limited, a limited partnership registered in Jersey (number LP252) whose registered office is at CPA House, 11-15 Seaton Place, Jersey JE1 1BL, Channel Islands;
“you/your” means you and any third parties or nominees for whom you may be acting.
1 ACCESS
1.1 You warrant, represent and undertake that your use of the Services and/or this Web site is in connection with your trade, business or profession or otherwise by a company, partnership, organisation or other entity for which you work or to which you provide professional services and that you are authorised to enter into this Agreement.
1.2 We reserve the right to decline any application by you to use the Services and/or this Web site, or to restrict or prevent your access to the Services and/or this Web site at our sole discretion.
1.3 You undertake to comply with the terms of the CPA Direct Service Guide in connection with your use of the Services the terms of which shall be deemed to be incorporated into this Agreement.
2 YOUR INFORMATION
2.1 You agree to promptly notify us of any changes to any of your account details and other Information relevant to the provision of the Services in accordance with the procedure set out in the CPA Direct Service Guide.
2.2 You acknowledge and agree that any personal data collected by us in the course of the provision of the Services and/or your use of this Web site shall be subject to our Privacy Policy, the terms of which shall be deemed to be incorporated into this Agreement.
3 INDEMNITY
3.1 You agree to indemnify us and our Associates against all claims, liabilities, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach by you of the terms and conditions of this Agreement or any other liabilities arising out of your use of this Web site and the Services, or the use by any other person accessing this Web site using your computer equipment or internet access account or your infringement of the intellectual property rights or other proprietary rights of any third party.
4 SERVICES
4.1 The Services shall be provided by CPA in accordance with the CPA Direct Service Guide.
4.2 We accept no responsibility for your use of any trademark, company name or domain name and we shall not be obliged to take part in any dispute or infringement proceedings between you and any other individual, entity or organisation regarding a trademark, company name or domain name.
4.3 If, when applying for Services, you provide information about a third party, you hereby warrant and represent that you have obtained that third party's express consent to the disclosure and use of that party's information subject to the terms and conditions of this Agreement.
4.4 We may refuse to provide the Services if the Information is incomplete, inaccurate, false or misleading, or conceals or omits any information that is material (in our sole discretion) to our decision to provide the Services, or if you fail to pay any fees as they fall due. You agree that we shall not be liable to you for loss or damages that may result from our refusal to provide the Services pursuant to this clause.
4.5 We may at our discretion provide email and/or telephone help desk facilities during local business hours (0900 to 1700), Monday to Friday, excluding Bank and other Public Holidays in Jersey.
4.6 Unless you request otherwise in writing, we shall assume it is in order to address written communications from us to you either by post or other delivery, by fax or e-mail to any address, fax number or e-mail address with which you provide us or which appears on communications which we receive from you.
5 FEES
5.1 The availability of the Services on this Web site are given on the basis of an offer to treat and are subject to the right of withdrawal or revision by us unless and until we have notified you of our acceptance of your request for Services. Once we have notified you of our acceptance of your offer to procure the Services, you are liable to pay our fees in force at the time we supply the Services to you.
5.2 Not withstanding that it may be agreed between us and you that our charges in respect of the Services shall be payable by any other person, if such other person shall fail to pay the same or any part thereof within a reasonable time of due demand being made on them, you shall be liable to us therefore, without prejudice to our rights against such other person. Payment may be made by credit card at the time of order or by use of a corporate account. We accept payment with MasterCard and Visa.
5.3 You agree to pay us in the currency previously selected by you from our currency menu (or, if none has been selected, Pounds Sterling), within 30 days of receipt of our invoice. Any applicable Associates’ fees which are payable in addition are noted in our quotations. Sales taxes or value added taxes are payable in addition to our fees. Please note that our fees are subject to change at any time, without prior notice.
6 TERMINATION
6.1 Your account with us to provide the Services and access this Web site may be terminated immediately (without prejudice to our other rights in respect of any breach), upon notification to you, if we reasonably believe you to be in breach of this Agreement or to be bankrupt within the meaning of the Interpretation (Jersey) Law 1954 or to have committed any act indicative of insolvency within the meaning of the Bankruptcy (Desastre) (Jersey) Law 1990 or to have suffered any analogous event in any applicable jurisdiction. Upon termination of this Agreement we will have no further obligations to provide the Services to you or to maintain, update or forward to you any other information relating to the Services or your use of the Web site.
7 LIMITATION OF LIABILITY
7.1 While we will use reasonable endeavours to verify the accuracy and completeness of any information we place on this Web site or provide to you through the Services, we make no express or implied warranties in relation to its accuracy or completeness.
7.2 To the extent permissible by law, we make no express or implied warranties of any kind in relation to this Web site and the Services, or any transaction that may be conducted on or through this Web site or arising from the Services including but not limited to, implied conditions of satisfactory quality, fitness for a particular purpose, non-infringement or any implied warranty arising from course of dealing or usage.
7.3 We make no warranty that this Web site or the Services will meet your requirements or will be uninterrupted, timely, secure or error-free, or that this Web site or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of the Information or content or material uploaded or transmitted through this Web site.
7.4 We will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising out of or in connection with this Agreement for:
7.4.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
7.4.2 any loss of goodwill or reputation; or
7.4.3 any special or indirect or consequential losses in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
7.5 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or for fraud.
7.6 Each provision of this clause 7 excluding or limiting liability shall be construed separately, applying or surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances.
8 GENERAL
8.1 If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement.
8.2 You must obtain our consent prior to the release of any announcement in relation to the subject matter of this Agreement.
8.3 No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
8.4 This Agreement constitutes the entire agreement and understanding between the parties with respect to the provision of the Services and supersedes any prior agreement and understanding between the parties whether oral or in writing. Neither party shall have any remedy in respect of any untrue statement made to it upon which it has relied in entering into this Agreement (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in this Agreement.
8.5 A party that is not a party to this Agreement shall have no rights to enforce any term of this Agreement.
8.6 In the event and to the extent only of any conflict between the terms and conditions of this Agreement, the Privacy Policy, the CPA Direct Service Guide and the Web site Terms and Conditions then the following order of precedence shall apply:
(i) the terms and conditions of this Agreement;
(ii) the CPA Direct Service Guide
(iii) the Web site Terms and Conditions; and
(iv) the Privacy Policy.
8.7 You may send notices in connection with this Agreement to Managing Director, CPA Direct, Computer Patent Annuities Limited, CPA House, 11-15 Seaton Place, Jersey JE1 1BL, Channel Islands or by email:
8.7.1 For trade mark services to trademarks@cpaglobal.com
You should print a copy of this Agreement for your future reference.
CPA’s full details and our address are set out on our Web site terms and conditions page.
You can contact us by telephone on +44 (0) 1534 888711 or by e-mail to patents@cpaglobal.com or trademarks@cpaglobal.com
DEFINITIONS
“Agreement” means these terms and conditions;
“Associates” means any company or partnership which is wholly or partly owned by any of our partners and any holding and subsidiary companies (as defined by Article 2 of Companies (Jersey) Law 1991 of such company or partnership and any partnership of which such company is a partner, and any of their subcontractors, agents and other representatives;
“Services” means any or all of the CPA Direct services available from this Web site, as more particularly described in the
CPA Direct Service Guide.
"Web site" means the CPA Direct service pages of the web site located at www.cpaglobal.com
“we/us/our/CPA” means Computer Patent Annuities Limited, a limited partnership registered in Jersey (number LP252) whose registered office is at CPA House, 11-15 Seaton Place, Jersey JE1 1BL, Channel Islands;
“you/your” means you and any third parties or nominees for whom you may be acting.
1 ACCESS
1.1 You warrant, represent and undertake that your use of the Services and/or this Web site is in connection with your trade, business or profession or otherwise by a company, partnership, organisation or other entity for which you work or to which you provide professional services and that you are authorised to enter into this Agreement.
1.2 We reserve the right to decline any application by you to use the Services and/or this Web site, or to restrict or prevent your access to the Services and/or this Web site at our sole discretion.
1.3 You undertake to comply with the terms of the CPA Direct Service Guide in connection with your use of the Services the terms of which shall be deemed to be incorporated into this Agreement.
2 YOUR INFORMATION
2.1 You agree to promptly notify us of any changes to any of your account details and other Information relevant to the provision of the Services in accordance with the procedure set out in the CPA Direct Service Guide.
2.2 You acknowledge and agree that any personal data collected by us in the course of the provision of the Services and/or your use of this Web site shall be subject to our Privacy Policy, the terms of which shall be deemed to be incorporated into this Agreement.
3 INDEMNITY
3.1 You agree to indemnify us and our Associates against all claims, liabilities, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach by you of the terms and conditions of this Agreement or any other liabilities arising out of your use of this Web site and the Services, or the use by any other person accessing this Web site using your computer equipment or internet access account or your infringement of the intellectual property rights or other proprietary rights of any third party.
4 SERVICES
4.1 The Services shall be provided by CPA in accordance with the CPA Direct Service Guide.
4.2 We accept no responsibility for your use of any trademark, company name or domain name and we shall not be obliged to take part in any dispute or infringement proceedings between you and any other individual, entity or organisation regarding a trademark, company name or domain name.
4.3 If, when applying for Services, you provide information about a third party, you hereby warrant and represent that you have obtained that third party's express consent to the disclosure and use of that party's information subject to the terms and conditions of this Agreement.
4.4 We may refuse to provide the Services if the Information is incomplete, inaccurate, false or misleading, or conceals or omits any information that is material (in our sole discretion) to our decision to provide the Services, or if you fail to pay any fees as they fall due. You agree that we shall not be liable to you for loss or damages that may result from our refusal to provide the Services pursuant to this clause.
4.5 We may at our discretion provide email and/or telephone help desk facilities during local business hours (0900 to 1700), Monday to Friday, excluding Bank and other Public Holidays in Jersey.
4.6 Unless you request otherwise in writing, we shall assume it is in order to address written communications from us to you either by post or other delivery, by fax or e-mail to any address, fax number or e-mail address with which you provide us or which appears on communications which we receive from you.
5 FEES
5.1 The availability of the Services on this Web site are given on the basis of an offer to treat and are subject to the right of withdrawal or revision by us unless and until we have notified you of our acceptance of your request for Services. Once we have notified you of our acceptance of your offer to procure the Services, you are liable to pay our fees in force at the time we supply the Services to you.
5.2 Not withstanding that it may be agreed between us and you that our charges in respect of the Services shall be payable by any other person, if such other person shall fail to pay the same or any part thereof within a reasonable time of due demand being made on them, you shall be liable to us therefore, without prejudice to our rights against such other person. Payment may be made by credit card at the time of order or by use of a corporate account. We accept payment with MasterCard and Visa.
5.3 You agree to pay us in the currency previously selected by you from our currency menu (or, if none has been selected, Pounds Sterling), within 30 days of receipt of our invoice. Any applicable Associates’ fees which are payable in addition are noted in our quotations. Sales taxes or value added taxes are payable in addition to our fees. Please note that our fees are subject to change at any time, without prior notice.
6 TERMINATION
6.1 Your account with us to provide the Services and access this Web site may be terminated immediately (without prejudice to our other rights in respect of any breach), upon notification to you, if we reasonably believe you to be in breach of this Agreement or to be bankrupt within the meaning of the Interpretation (Jersey) Law 1954 or to have committed any act indicative of insolvency within the meaning of the Bankruptcy (Desastre) (Jersey) Law 1990 or to have suffered any analogous event in any applicable jurisdiction. Upon termination of this Agreement we will have no further obligations to provide the Services to you or to maintain, update or forward to you any other information relating to the Services or your use of the Web site.
7 LIMITATION OF LIABILITY
7.1 While we will use reasonable endeavours to verify the accuracy and completeness of any information we place on this Web site or provide to you through the Services, we make no express or implied warranties in relation to its accuracy or completeness.
7.2 To the extent permissible by law, we make no express or implied warranties of any kind in relation to this Web site and the Services, or any transaction that may be conducted on or through this Web site or arising from the Services including but not limited to, implied conditions of satisfactory quality, fitness for a particular purpose, non-infringement or any implied warranty arising from course of dealing or usage.
7.3 We make no warranty that this Web site or the Services will meet your requirements or will be uninterrupted, timely, secure or error-free, or that this Web site or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of the Information or content or material uploaded or transmitted through this Web site.
7.4 We will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising out of or in connection with this Agreement for:
7.4.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
7.4.2 any loss of goodwill or reputation; or
7.4.3 any special or indirect or consequential losses in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
7.5 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or for fraud.
7.6 Each provision of this clause 7 excluding or limiting liability shall be construed separately, applying or surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances.
8 GENERAL
8.1 If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement.
8.2 You must obtain our consent prior to the release of any announcement in relation to the subject matter of this Agreement.
8.3 No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
8.4 This Agreement constitutes the entire agreement and understanding between the parties with respect to the provision of the Services and supersedes any prior agreement and understanding between the parties whether oral or in writing. Neither party shall have any remedy in respect of any untrue statement made to it upon which it has relied in entering into this Agreement (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in this Agreement.
8.5 A party that is not a party to this Agreement shall have no rights to enforce any term of this Agreement.
8.6 In the event and to the extent only of any conflict between the terms and conditions of this Agreement, the Privacy Policy, the CPA Direct Service Guide and the Web site Terms and Conditions then the following order of precedence shall apply:
(i) the terms and conditions of this Agreement;
(ii) the CPA Direct Service Guide
(iii) the Web site Terms and Conditions; and
(iv) the Privacy Policy.
8.7 You may send notices in connection with this Agreement to Managing Director, CPA Direct, Computer Patent Annuities Limited, CPA House, 11-15 Seaton Place, Jersey JE1 1BL, Channel Islands or by email:
8.7.1 For trade mark services to trademarks@cpaglobal.com
8.7.2 For patent services to patents@cpaglobal.com
8.8 This Agreement shall be governed by and construed in accordance with the laws of Jersey and you irrevocably submit to the exclusive jurisdiction of the Royal Courts of Jersey (without prejudice to our right to commence proceedings in any other jurisdiction).
8.9 Your contract with us to provide the Services to you shall be formed entirely under the terms of this Agreement upon us notifying to you, in the case of Services generally, our acceptance of your application to use this Web site and the Services.
8.10 We reserve the right at our sole discretion to assign, transfer, sub-contract, charge, deal or otherwise part with our rights and obligations under this Agreement or any part thereof to any third party. This Agreement and the provision of the Services hereunder are personal to you and may not be assigned, transferred, sub-contracted, charged, dealt or otherwiseparted by or from you.
8.9 Your contract with us to provide the Services to you shall be formed entirely under the terms of this Agreement upon us notifying to you, in the case of Services generally, our acceptance of your application to use this Web site and the Services.
8.10 We reserve the right at our sole discretion to assign, transfer, sub-contract, charge, deal or otherwise part with our rights and obligations under this Agreement or any part thereof to any third party. This Agreement and the provision of the Services hereunder are personal to you and may not be assigned, transferred, sub-contracted, charged, dealt or otherwiseparted by or from you.