TRADEMARK CENTRAL

Terms of our Service

1. The Agreement between us

1.1 We must receive payment of the whole of the price for the services quoted before your order can be accepted and processed. Once we have received payment for our quote, work will start immediately.

1.2 We will endeavour to complete applications as soon as possible from the day of payment. Generally, 3-5 working days are the norm for services to be delivered. During this time, drafting, researching, liaising and planning is intenstively undertaken. You do not have to do anything, as we will lead you through the process and protect your interests to the extent possible. Any issues will be highlighted to you along the way.

1.3 All drafted applications will be sent by email to you for checking and approval.

1.4 You promise to provide accurate and truthful information on issues pertaining to your trademark application.

1.5 Our services are quoted on a job basis, and our fees for applications do not cover all items of work at all times for the life of the trade mark application. You will be informed of work required and quoted accordingly.

2. Quotes

2.1 The prices payable for the goods and services that you order are set out in our quote sent to you.

2.2 Our quotes are valid for seven (7) days.

3. Delivery of services to you

3.1 You understand that all our services are delivered to you on an AS IS basis. You understand that Trademark Central™ cannot and does not take any resposibility for its services where not all of the issues affecting a trademark application or other service were known at the time of delivering the services in question, or where delay or confusion caused by you affected our ability to deliver our services to you in a timely professional manner.

3.2 We will deliver any services ordered by you to the email address you give us for delivery at the time you request a free quote.

3.3 Delivery will be made as soon as possible after your order is accepted.

3.4 Trademarks require a substantial amount of work, research and planning to be performed upfront. In the event that you do not wish to proceed with a particular trademark application after work has been ordered, we will apply our wait and no refund policy. Depending on the circumstances and at our discretion, we will replace the existing trademark application with a preferred name at substantially reduced cost.

3.5 Copyright in the materials sent to you are the property of Trademark Central™. Once the services have been delivered to you they will be held at your risk and we will not be liable for any loss or damages caused as a result of delays or any other circumstances.

4. Liability

4.1 If the services we deliver are not what you ordered or is incorrect, or for the wrong goods or services to be applied for in the trademark application, we shall have no liability to you unless you notify us in writing within 7 days of delivery of the service.

4.2 If you notify a problem to us under this condition, our only obligation will be, at your option:

4.2.1 to make good any shortage in services required; or

4.2.3 to refund to you the amount paid by you for the services in question.

4.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem that you notify us of, and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the services in question under clause 5.2 above.

4.4 By entering into the Agreement with us, you irrevocably authorise us to draft the documents required to manage your trademark application(s) with the Australian Trade Mark Office.

4.5 After enlisting our services, should you contact IP Australia about your trade mark application, or other relevant government office in another country, and attempt to undertake work on your trade mark without our permission or knowledge, then we will cease to act on your behalf. No refunds will be given for work undertaken.

4.6 You are required to tell the truth about matters pertaining to your business for the purposes of us to deliver our services to you, including any existing issues there may be concerning your business or other name that may be relevant to your application.

4.7 This Web Site is for informational purposes only. Trademark Central™ cannot and will not be responsible for any loss or damage caused as a result of the information contained on thie Web Site.

5. About Success Rate

Based on 1000 trademark applications, Trademark Central™ was unable to secure acceptance for 9 separate application groups, providing an overall success rate of trademark acceptance of 99.1%. This is by NO MEANS a guarantee that your trademark will be accepted, and this success rate also requires the client to be open to a range of strategies for securing trademark acceptance.

6. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and faxed to 1300 723 313 and all notices from us to you will be conducted through one of our email addresses, fax or post.

7. Events beyond our control

We shall have no liability to you for any failure to results or provide services you have ordered or any delay in doing so or for any damage or defect to services delivered that is caused by any event or circumstances beyond our reasonable control including, without limitation, strike, lock-outs, and other industrial disputes and breakdown of systems or network access.

8. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these conditions will not be affected.

9. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

10. Third party rights

Except for our affiliates, directors, employees, or representatives, a person who is not a party to this Agreement has no right to enforce any term of this Agreement.

11. Governing law

The contract between us shall be governed by and interpreted in accordance with the law of Queensland, Australia, and the Queensland courts shall have jurisdiction to resolve any disputes between us.

12. Entire agreement

These terms and conditions, together with our quoted prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of goods and services to you by us. Nothing said by any employee on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods or services offered by us. Save for fraud, we shall have no liability for any such representation.

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