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Agreement relating to the order of trademark registration and other services through Formir Services LTD.

1. This agreement relates to trademark registration, annual services or other related services (jointly and severally referred to as the “Service”).

2. Parties to the agreement are Formir Services LTD, a limited liability company registered in Malta with company number C55143 and offering its services under its own name and the tradename Trademack and Trademack.com (“Formir”), and the person or the company placing the order (the “Client”).

3. The Client accepts electronic communication of documents and information.

4. The Service shall be paid in advance according to prices set by Formir. If a Service is not paid, or if a service paid by card, cheque or in any other manner, is withheld or cancelled, or for any other reason not properly paid to Formir, the order is still binding, and a proper payment shall be made immediately. In case of late payment, penalty interest and penalty fees shall apply according to law and common practice.

5. Neither Formir, nor Formir’s employees, agents or representatives, can give binding assurances regarding the processing time of forms or registrations, as such processing times rely heavily on the performance of services of government bodies or third party agencies. Similarly, no such person can provide binding assurances that certain trademarks are available for registration. If a registration of a trademark is refused, Formir will notify the Client, who will amend or alter the registration request.

6. The fixed legal fees for trademark registration and related services quoted on this website (or provided separately by us) apply only when the registration process proceeds without complication. They do not apply to legal work which may be required beyond the usual unopposed registration process such as, inter alia, dealing with objections from the Registry or other third parties. For fixed fee registrations, Formir is solely responsible for conducting a simple pre-registration verification, assessing whether there are obvious impediments to a registration. This evaluation is solely at the discretion of Formir and Formir accepts no responsibility or liability for the successful registration of the mark.

7. The Client warrants that, to the best of his knowledge, that he has the right to the trademark he is attempting to register through the use of the Service, and that the registration of the said trademark does not represent a violation or attempted violation of any existing trademark or intellectual property.

8. Formir’s liability for any fault or defect in the performance of the Service, is limited to the remuneration received under this contract. Formir has no liability for indirect or consequential loss, or loss related to changes in law or public regulation. The Client shall hold harmless against and indemnify Formir, Formir‘s employees or agents, for any loss caused to any third party relating to the performance of the Service, or the fact that the Service could, for any reason, not be performed.

9. Formir rely on the Client giving us timely written instructions. Patent and Trade Mark offices often impose time limits. Formir accept no liability if the Client does not provide clear and complete instructions early enough for Formir to act within those time limits. Formir will advise the Client of time limits and actions or instructions that are required, If Formir receive late instructions, Formir may not be able to implement them in time. In the event of late instructions or late payment to Formir, urgency charges may be incurred, these will be passed on to the Client.

10. The Client undertakes promptly to provide Formir with all information, assistance and materials that Formir may request from time to time to facilitate our proper and timely performance of the services. The Client warrants that all information provided to Formir will be complete and accurate and that it is entitled to provide the same to Formir for use in providing the services without recourse to any third party. The Client also authorises Formir to complete and sign in the name of the Client such documentation as is necessary or desirable to carry out the lawful instructions of the Client, and will on request, provide in a timely manner, any requisite signed form(s) of authorisation. Furthermore, the Client will indemnify Formir in respect of all costs, claims, demands and expenses that may result from exercise of the authority given by this clause.

11. Unless notified by the Client at the time of entering into this agreement, Formir may use the Client’s name and/or trademark as part of our marketing (normally as a reference client). The Client accepts such use of his name and trademark without compensation. The Client may at any time request that the use of his name and trademark for advertisement purposes is stopped, but understands and accepts that the request may not affect usage in material already printed or produced or committed for such printing and production.

12. The Client accepts that Formir may file forms electronically, including forms that have been sent to Formir in paper format.

13. The Client undertakes to inform Formir promptly of any change of address, email address, telephone and fax numbers and of any change in ownership of the Client’s trademark or other relevant IP rights. Many such changes have to be officially recorded. Please remember that the obtaining of patents, trademarks and design rights can take many years. Furthermore trademarks only have to be renewed every 10 years. No responsibility can be accepted by Formir for any loss of rights in any case where the Client has failed to inform us of such changes as Formir may not be able to contact you.

14. Where the Service is, in part or full, an annual or recurring service, this agreement will be automatically renewed for another term, provided a notice of termination has not reached Formir more than 60 days before the renewal date. The Client shall pay such service by debit- or credit card, and the Client accepts that an automatic charge is made to the credit card at the time of renewal continuously until a timely termination by either part under this agreement.

15. Should the application Formir files on the Client’s behalf as part of the Service be rejected by the registry concerned then Formir will not refund any fees (neither Formir's own remuneration nor government fees) but will advise the client to the best of their abilities as to what further steps should be taken (if any).

16. Where, following an objection from the registry or an opposition by a third party, the Client’s mark is permitted to proceed with a more limited specification than that applied for, the application process shall automatically proceed with the aim to complete the registration with the aforementioned limitation unless Formir receives instructions from the Client to halt the process entirely. In either event no refund of fees or remuneration is due to the client.

17. If the Client's payment is stopped for any reason or in any manner (including but not limited to bouncing cheques and chargebacks), Formir may in its own sole discretion proceed with the registration. In such events the trademark(s) shall belong to Formir until the Client has paid Formir in full, including the original service fee, all government fees and all costs and expenses incurred by Formir.

18. Subject to injunctions or any court or binding government order, Formir shall observe client confidentiality relating to all sensitive Client details, provided such details are not already publicly available. This confidentiality shall be observed both during and after the service period.

19. The invalidity or unenforceability of any term or right arising pursuant to this Agreement will not adversely affect the validity or enforceability of the remaining terms and rights.

20. No changes made to this Agreement will be valid unless agreed in writing.

21. Either party may terminate this Agreement immediately upon written notice to the other in the event of:

  1. any material breach of this Agreement by the other party, which breach is not remedied (if remediable) within 30 days after the receipt by the party in default of a written notice specifying the nature of the breach and requiring the same to be remedied;
  2. the other party becoming insolvent, entering into liquidation, whether voluntary or compulsory, passing a resolution for its winding up, having a receiver or administrator appointed over the whole or any part of its assets, making any composition or arrangement with its creditors or taking or suffering any similar action in consequence of debt.
  3. The termination of this Agreement will be without prejudice to the rights of either party in respect of any antecedent breach and in particular the client will remain liable to us for all fees, expenses and disbursements due in respect of Services performed up to the effective date of termination.

22. Formir may, for any reason, at any time, and without stating any reasons to the Client, refuse any order given by any means, including but not limited to prepaid orders online and on the phone. If the Client has paid for the Service, the payment shall be refunded by Formir without undue delay. Formir is not liable for any damage or loss caused by such refusal to process the order, including where such refusal has led to the loss of trademark priority.

23. This Agreement is subject to Maltese law, and the parties irrevocably submit to the Maltese Courts, with Malta as the agreed forum.

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