Terms of Request for Services
Terms of Request for Services
This document (the “Terms of Request”) sets out the terms upon which you, as a user of this Web Site, request legal and other services from Magnum IP Legal Services (ABN 71 569 375 610). It incorporates the following document by reference:
You signify your consent to these Terms of Request by ticking the “check box” that appears next to any link to this page on our web site, and submitting a request.
3. Our legal relationship with you
This Web Site is merely an invitation to do business and is not an offer to contract. Submission of a request for services does not create a solicitor/client relationship between you and us. Such a relationship does not arise until we confirm our acceptance of your request for services.
We will contact you as soon as possible if we are not prepared or able to accept instructions from you for any reason. Such reasons may include the presence of a conflict of interest with an existing client, or being too busy to complete your work in a timely fashion.
4. Further terms of our relationship
If we agree to act on your behalf, we will normally seek to introduce further terms that will govern our relationship with you. These terms will usually be contained in the following documents:
- A formal “Costs Agreement” pursuant to Division 5, Part 2.2 of the Legal Profession Act 2004 (Vic)
- A “Disclosure Statement” pursuant to section 3.4.9 of the Legal Profession Act 2004 (Vic)
Should we seek to provide you with such documents, you will have the right to negotiate with us before proceeding further.
All prices shown on our Web site are subject to Goods and Services Tax (GST). Unless otherwise agreed to in writing beforehand, you must pay all invoices within 14 days of the date of issue..
We reserve the right to refuse to accept or action further instructions where previous invoices remain outstanding for 60 days or more.
6. Warranties by you
You promise to provide accurate, complete and truthful information to us on all matters relevant to your intellectual property protection, including any matter relating to your business or product name(s) that may affect registrability.
7. Warranties by us
We will exercise our professional skill and judgment when acting on your behalf.
If we conduct a trade mark search on your behalf which does not identify similar or identical marks, we are representing that, after conducting reasonable searches, we have not been able to find similar or identical marks.
8. Warranties not made by us
In providing trade mark search reports, we make statements about similar or identical trade marks found while conducting our searches. Trade mark seaches are subject to error for a number of reasons:
- there is a subjective element in choosing search terms;
- errors do occur from time to time in the databases that we search;
- it is inherently difficult to search for certain types of marks (e.g. devices or logos)
When we deliver a trade mark search report to you, where we:
- identify similar or identical marks in a particular database or in the market, we do not make any representation that there are in fact no other similar or identical marks within that database or market; and
- do not identify any similar or identical marks within a particular database or in the market, we do not make any representation that there are in fact no similar or identical marks within that database or market.
When we state that a trade mark is registrable, or is likely to be registrable, we do not warrant that the trade mark will in fact be registered upon submission of an application by you. Further, we do not warrant that the relevant trade mark examiners will not raise any objections to your trade mark application.
All notices from you to us must be in writing and sent to us either by email to “firstname.lastname@example.org”, by post to “Level 2, 222 Latrobe Street, Melbourne, Victoria, 3000″ or by fax to (03) 9013 0033.
10. Governing law
These Terms are governed by the laws of the State of Victoria, and you submit to the jursidiction of the courts in that State.
In this document and the documents incorporated by reference, the following terms have the following meanings unless the context clearly requires otherwise:
“Terms of Request” means the terms as set out in this document and the documents incorporated by reference; and
“Web Site” means the web site located at the domain “chipin.com.au” and on all sub-domains, folders and sub-folders on that domain.
In this document, unless the context clearly requires otherwise:
- The terms “we”, “us” and “our” are references to Magnum IP Legal Services (ABN 71 569 375 610), our successors and assignees.
- Words defined in the singular have the corresponding meaning in the plural.
- Reference to a “person” includes a reference to a corporation, association or other entity.