AGREEMENT SETTING OUT THE TERMS AND CONDITIONS OF USAGE REGARDING THE WEBSITES. PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THE WEBSITES.
Reference to the term ‘Websites’ in this agreement means ‘Inducis Consultancy, Trademarkcopia, Paritypatents’
Reference to the term ‘Firm’ in this agreement means ‘Inducis Consultancy’ which is inclusive of its Partners, Associates, and such firms/companies engaged during the course of services.
The term ‘User’ refers to persons browsing our websites for their personal knowledge and benefit, or persons intending to engage our services as mentioned on the websites. However, users may engage our services only by way of express agreement or contract as mere accessing of the websites does not result in a relationship between the Client and the Firm.
The term ‘Clients’ refers to the principal for whom the websites undertake to act for. Mere usage or accessing of the websites does not constitute a relationship between the Client and the Firm. Relationship between the client and the firm is formed only pursuant to an express order placed by way of advance payment to the Firm, as set out in the fee schedule.
‘Power of Attorney’ is a written authorization issued according to the corresponding legal requirements of each ‘Jurisdiction’ that the ‘client’ undertakes to deliver to the Firm based on which, the ‘Attorney’ is authorised to perform all the necessary actions required to represent, prosecute, execute, litigate, designate the intellectual property rights of the client before the concerned authorities, statutory bodies, legal fora, courts and quasi-judicial bodies.
The terms and conditions set out in this agreement will apply to all the offers, activities and services as mentioned on our websites that will be provided by us to our clients. The only exception to these terms and conditions will be any express written agreement specifically arrived at on a case to case basis between our clients and us over and above these terms and conditions.
The terms and conditions set out here are subject to timely review and changes as pertinent and relevant. We therefore request our clients to periodically check this agreement, as in the event we are unable to specifically inform our clients about these changes, we shall not be liable to any confusion or inconvenience caused to our clients, since inability to inform is not willful or intentional.
Users accessing the websites are understood to have given their implied and express consent to the usage of these websites. It is agreed by all the parties concerned, that the terms and conditions have been read and understood by the users. In the event of confusion regarding any aspect of the agreement the same has to be clarified by the users through e-mail or in writing prior to usage of the websites.
Once the websites are accessed and the contents put to use, objections regarding clarity of the terms and conditions will not be entertained. Users not in agreement with the terms and conditions may quit the website. Users proceeding to access the website, web pages and the content therein will be understood to have acknowledged and consented to the terms and conditions herein.
1. INTELLECTUAL PROPERTY CONCERNING THE WEBSITES:
1.1 The material in these websites is owned by INDUCIS CONSULTANCY and the intellectual property in the websites vests with INDUCIS CONSULTANCY.
1.2 This material includes, but IS not limited to, the DESIGN, LAYOUT, LOOK, APPEARANCE, LOGO, COLOURS, ARTISTIC MATERIAL, INFORMATION inclusive of VIDEOS, WRITE UP AND GRAPHICS and BLOGS, SOCIAL MEDIA SITES AND NEWSLETTERS.
1.3 The material herein or any part thereof shall not be reprinted, reproduced, reprinted, published, distributed, relayed or transferred in any way whatsoever without prior authorization. Further, unauthorised use of the website and the material of the website shall give rise to claims by way of damages and may result in criminal actions. Distortion and Mis-use of the material and the content will not be tolerated and will be dealt with severely.
1.4 This website may contain and/or include links to other websites. These links are provided for your convenience and are helpful in gaining further information along with ease of understanding. They do not imply that we endorse these website(s). It is to be borne in mind that we are not responsible for the veracity of the content on the linked website(s).
1.5 Unless otherwise stated, the Information on this website is of a general nature only and not intended to address the specific circumstances of any particular case, legal matter, individual or entity. The Firm cannot guarantee that the Information is always comprehensive, complete, accurate and up-to-date. Consequently, the Firm accepts no responsibility for any loss or damage that may arise from reliance on the Information.
1.6 The Information in no case constitutes professional or legal advice.
2. OFFER OF SERVICES:
2.1 Oral communication and Verbal commitment regarding services shall not be binding on either party. Express and Written confirmation regarding our services is essential to form a binding and valid contract agreement between the client and the Firm.
2.2 Our offers of services shall be through the websites and shall be based on the data furnished by the clients.
2.3 Acceptance of Offers shall be deemed effective only by way of written confirmation to proceed with the service.
2.4 Acceptance of the offer made signifies client’s agreement regarding prices as indicated on the website.
2.5 All payments for professional services shall be rendered in full that is 100 % in advance and are indicated in American Dollars – USD. In exceptional cases, Euros & Pounds shall be the accepted currency. These payments are inclusive of Service Tax / VAT.
2.6 All payments towards official fees shall be rendered in full that is 100 % in advance which are indicated in USD.
2.7 All payments should reach Firm’s Account 20 days prior to the impending deadlines concerning priority applications, official objections, oppositions etc.
2.8 The client must provide, cooperate and engage in a, complete and transparent manner, during the processing of the ‘Service Request’ by delivering precise and trustworthy information, and responding to the requirements for information requested by the Firm in a timely manner so as to ensure smooth and efficient delivery of services.
3. DUTIES AND OBLIGATIONS OF THE USER:
3.1 Communication between parties shall be via e-mail, fax, regular post and courier services.
3.2 Text messages will not be entertained nor will any social media updates be considered as affirmative communication by the client, hence we will not be obliged to proceed with the service offered.
3.3 Change in clients’ contact information shall be communicated and intimated forthwith so as to facilitate timely action, failing which we shall not be held liable for loss of communication.
3.4 Similarly, change in contact information shall be provided and communicated by us so as to mitigate inconvenience.
3.5 Updates and Notifications by way of newsletters shall be periodically communicated. Clients may wish to stop such communication by a specific request in writing.
3.6 Clients undertake to indemnify INDUCIS CONSULTANCY and its Partners, Associates, and such firms/companies engaged during the course of services.
3.7 Users of this Website must comply with all applicable laws and regulations. They must refrain from violating or attempting to violate the website’s network security, and, in particular, from uploading or attaching virus-infected, corrupted files, files containing malicious content or any software or programs that might damage the operation of another user's computer. Users must furthermore refrain from restricting, or attempting to restrict in any way access to or use of the Website
3.8 The Website is not intended to be a source for bulk downloads of data.Users who wish to download large amounts of data should contact email@example.com
3.9 Some of the Services available on this Website require prior registration. Users must provide correct and complete information when registering, and update it if and when necessary. They must not misuse any access authorisation granted to them such as by transferring data to unauthorised third persons or soliciting information by way of such authorisation. By registering, users agree to being contacted by the website by e-mail, regular mail, phone and such.
3.10 Registered users are responsible for maintaining the confidentiality of their accounts and passwords to prevent unauthorized access to that account. Users must take all necessary steps to keep their password secure and must inform the Firm without delay at firstname.lastname@example.org , if the password is found being used without prior consent and authorisation.
3.11 In the event of any violation of the above user obligations, the Firm is entitled to revoke the user's access rights without prior notice.
4. ERRORS AND MALFUNCTIONS:
4.1 Despite best efforts by the Firm, unintended errors, technical or otherwise, may creep in and may cause malfunction to the users’ systems. The Firm is therefore not liable and cannot guarantee that the website is error – free. Any such errors and / or malfunctions noticed by the users are to be immediately brought to the Firm attention at email@example.com.
4.2 Despite best efforts by the Firm to ensure constant access to and availability of the website, the Firm cannot guarantee uninterrupted, smooth and error free transmissions and transactions. Users may come across temporary suspension, restriction and rejection of access to the website and its services owing to repairs, maintenance or upgradation. The website will not be liable for any inconvenience or loss faced by users in this regard.
5. SECURITY AND CONFIDENTIALITY:
The website is secured through SSL (Secure Socket Layer) Technology. However, certain aspects of the website would be accessible through usernames and passwords generated and shared mutually by the website owners and such users.
5.1.1 The Firm does not guarantee that the data received and transmitted is absolutely secure at all times from attack by third parties nor can it guarantee the absolute security of the data transmission process.
5.2.1 Clients and the Firm shall observe confidentiality in respect of confidential and sensitive information that comes to their attention by way of an order placed for services as mentioned on the websites or any agreement entered into between the firm and the clients. Without prior written notice and approval by either the firm or clients, none of the parties shall proceed and will not permit the disclosure, publication or distribution of the confidential and / or sensitive information.
5.2.2 The duty to observe secrecy shall cease to apply to such information that has become public or has become accessible by public.
6. INTERACTIVE MEDIUMS:
6.1 This website contains facilities for the online exchange of information and communication with the users, through bulletin boards, chat rooms, wiki sites, access
to mailing lists, social media such as facebook, twitter, linked in, google plus, interactive systems or other message or document posting facilities hereinafter collectively known as "INTERACTIVE MEDIUMS"
6.2 Users and clients agree to use these " INTERACTIVE MEDIUMS" only to send and receive messages and materials that relate to the subject, matter and content of the website.
6.3 Users and clients agree to respect generally accepted standards of
politeness and correctness in communications and maintain dignity, decorum and decency at all times via these "INTERACTIVE MEDIUMS".
6.4 While using these "INTERACTIVE MEDIUMS", users shall in particular, not:
6.4.1 defame, abuse, harass, stalk, threaten or otherwise violate the personal rights of other users and public at large by way of publishing, posting, distribution, sharing or disseminating any defamatory, injurious, obscene, indecent, unlawful, seditious, vexatious, malafide material or information;
6.4.2 share, upload, download, attach sensitive and confidential matter and material containing or pertaining to intellectual property matters shall not be undertaken without prior permission, consent and authorization by the owners of such intellectual property materials also shall not indulge in uploading or attaching virus-containing or corrupt files or any other software or programs that might damage the operation of another's computer, also, indulging in hacking, illegal mining of information and any sort of cyber attack that may pose threats to the website’s smooth and uninterrupted functioning will not be tolerated and shall be dealt with severely.
6.4.3 indulge in plagiarism and passing off actions by claiming others’ work as their own, as well as indulge in publicity by way of offer for sale of any goods or services, or conduct or forward surveys, contests or chain letters without the Firm’s authorization.
6.4.4 copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, create a derivative work or otherwise use content of the "MEDIUMS" in any way other than for their own personal, non-commercial use and by sending messages and material to the "MEDIUMS", the user accepts full liability in relation to the website for any claim made against the website in connection with such posting, including, but not limited to, claims for infringement of copyright or other intellectual property rights.
6.4.5 the Firm does not endorse any Forum content, and disclaims all liability arising from such content. However, the Firm reserves the right, at any time and at its sole discretion, to remove content of a personal character or posted contrary to
the spirit of the website and, to edit any posting or topic title, to merge, split, or move any thread or sub-thread. By uploading content to the "MEDIUMS" or submitting material for use therein, the user grants the website a transferable right to use, reproduce or modify such content or material.
7. PAYMENTS & CANCELLATIONS:
7.1 The Firm may conclude contracts regarding services as mentioned on the websites when orders are placed for such services and acceptance is conveyed via confirmation e-mails containing details concerning payments and methods of making payments for servicing such orders, letters, or by commencement of services. Receipt of payment by the Firm culminates the contract between the client and the Firm. A mere confirmation of receipt of the order via an e-mail or a letter does not indicate acceptance of the client’s order by the Firm
7.2 The Firm reserves the right to request advance payments either in part or in full depending on the matter at hand and the circumstances pertaining to the matter. The client undertakes to make timely payments so as to ensure that the Firm is not put to any inconvenience or liability for want of payments. These payments are non-refundable and are not to be understood or construed as a ‘set-offs’ and / or as ‘adjustments’ against any service or opinion rendered, under any circumstances.
7.3 The fee schedule is put up on the website for the convenience of both users as well as clients. The Firm however reserves the right to correct the fee schedule based on international price variations and fluctuations. The Firm may revise the quote dispatched to the client based on these variations and fluctuations to which the client may comment or disagree with, within 7 working days from the date of intimation. If there is no such feedback from the client within 7 working days, the Firm shall proceed as per the revised rates.
8. ACTS OF GOD AND FORCE MAJEURE:
8.1 Delays and errors resulting from ‘Acts of God’ will not be considered a breach by the Firm in rendering its services which is inclusive of but not limited to, problems arising from elements of nature, fires, acts of war, national security attacks, coups d’etat, or interruptions in the Websites derived from major technical problems as determined by the Firm.
8.2 Delays and errors resulting from ‘Force Majeure’ is taken to mean all circumstances in consequence whereof according to standards of reasonableness and fairness, fulfilment of an order or part thereof cannot be demanded owing to but not limited to, illnesses, natural disasters, wars, riots, fires, disturbances and industrial actions including postal strikes.
8.3 In the event of an occurrence of either a force majeure or an act of God, the Firm is entitled, without intervention of the court, to suspend the execution of the order as long as the situation of either the force majeure or the act of God exists, or to consider the agreement dissolved in full or in part, without any compensation or penalty being payable by the Firm to the client, although that dissolution cannot be effected with retroactive effect.
8.4 The Firm is entitled to demand payment of the activities that have been carried out in the execution of the relevant order before the situation causing the force majeure and / or act of God has become manifest.
9. DISSOLUTION OF AGREEMENT FOR PROVIDING SERVICES:
9.1 If the Client fails to meet any obligation imposed upon the client by the order for services mentioned on the websites or as arrived at through a specific agreement, or the client fails to carry out or perform or execute such obligation as aforementioned in a proper or timely manner, as also in the event of cessation of activities, liquidation, moratorium of payments and/or bankruptcy of the clients’ company, the client shall be deemed to be in default by operation of law and the Firm is entitled to cancel the order or terminate the agreement in full or in part without warning, notice of default or judicial intervention, and to demand payment from the client for the activities already carried out, and costs incurred, caused by any default on the part of the client in which case the client shall indemnify the Firm completely, which damage shall also include the profits and gains accrued to the Firm.
9.2 The Firm retains the right to suspend the execution of the order/agreement and promptly demand payment in full of all the sums the client owes or would owe by reason of the order/agreement.
9.3 If the client is a natural person, the order shall not be cancelled by the death of the client. The rights and obligations of the client shall devolve upon and be transferred to the clients’ legal successors and heirs.
INTELLECTUAL PROPERTY WATCH AND MAINTENANCE SERVICES:
Clients interested in intellectual property watch and maintenance services may subscribe to firstname.lastname@example.org which will be effective for a period of one calendar year. This subscription will be renewed for a further period of one calendar year unless the client expressly un- subscribes from the service three months prior to the lapse of the calendar year.
Upon expiry of the subscription services, the client / subscriber will themselves be responsible for maintenance and watch of their registered intellectual property and the Firm will not be responsible for any loss of rights arising from lack of watch or maintenance of the registered intellectual property rights.
Subscriptions relating to the maintenance of intellectual property and relating to watching services of intellectual property for the Principal are effective for a period of one calendar year, whereupon the subscription shall be renewed automatically by periods of one calendar year, unless the Principal has stated no later than three months prior to the lapse of the current calendar year, via registered letter that he does not wish to renew the subscription concerned for the next calendar year.
If the Principal orders to register an intellectual property item, the subscription for the maintenance of such a registration shall take effect automatically as from 1 January of the calendar year following the calendar year in which we accepted the order.
However, a subscription for the purpose of watching an intellectual property item is offered by us for each intellectual property item and shall take effect only after the Principal has accepted the offer.
As soon as a subscription as referred to in article 6.1 or 6.2. expires, the Principal itself shall promptly be fully responsible for the management and protection of the intellectual property rights concerned.
Our activities relating to the maintenance of intellectual property shall be invoiced by us each year in advance, on 1 January of the new calendar year, in conformity with our price list
Our activities relating to the watching of intellectual property are invoiced by us each year in advance, at the renewal date of the subscription concerned, in conformity with our price list.