TERMS AND CONDITIONS FOR PROVISION OF SERVICE
These Terms and Conditions for Provision of Service are governed by the provisions of Law 34/2002, of July 11 on Information Society Services and Electronic Commerce, and by the General Law for the Defense of Consumers and Users (RDL 1/2007), and other complementary laws.
1. SUPPLIER IDENTITY
- Identification: SINGULAR TRADEMARK S.L.U. (B88406558)
- Address: Paseo de la Castellana, 164, 28046, Madrid, Spain.
- Contact Details: [email protected]
- For more information, please refer to the Website Legal Notice.
2. PURPOSE DESCRIPTION
The purpose of these Contract Terms and Conditions is to regulate the contracting of the services that SINGULAR TRADEMARK, S.L., offers Registered Users through the Website www.singulartm.com (hereinafter, the “Website”), as well as the responsibilities, guarantees, rights and obligations derived from the provision of the service.
The services provided by SINGULAR TM through the Website consist of advice on intellectual property, such as application, processing and registration of national trademark or European Union trademark, and advice on brand feasibility, among others.
The access and use of the SINGULAR TM services by the User implies the adhesion to these Terms for Provision of Service. These may be updated or modified at any time, for which reason, the User is encouraged to read them from time to time, and prior to the requesting of the SINGULAR TM services.
The Terms for Provision of Service, as well as any communication between SINGULAR TM and the User shall be carried out in Spanish and English.
SINGULAR TM shall indicate the prices that correspond to each service requested, prior to closing the sale. However, prices may be updated, in which case SINGULAR TM shall inform of any changes through the Website.
In the Final Summary of the purchase, the total and definitive price of the services requested shall be shown, detailing the corresponding taxes and fees in each case.
5. SERVICE REQUEST PROCEDURE
5.1. User Registration
The User is held liable for the veracity and legality of the data provided for registration purposes. Additionally, the User is held liable of keeping the data updated, and of the consequences of failing to do so. SINGULAR TM may deny the User registration of those who provide false or inaccurate data, or information belonging to other users.
Once the registration is finalized, the User shall be provided with some identifying data to access the Client section in order to complete the sale of the Website services. These data are personal and non-transferable, whose safe-keeping and confidential integrity are the sole and exclusive responsibility of the User.
5.2. Hiring of the Service
The registered User shall be able to buy any of our services by selecting it and adding it to the ‘Shopping Cart‘. Previously, the User must have completed the corresponding form for each case, which is necessary to manage the service provision.
When the User ‘finalizes‘ the purchase, a list of all the services requested shall be shown on the screen, indicating the fees for each one of them, as well as the final purchase amount, including the corresponding fees and taxes When finalizing the purchase, the User irrevocably accepts these Terms and Conditions for Provision of Service, without prejudice to the exercise of its right of withdrawal in the terms established by the law.
5.3. Payment of the service
Some of our services may require documentation delivery. For this purpose, the User may choose the shipping method, bearing in mind that the price may vary depending on the shipping option that is chosen.
In the same way, the User shall be able to choose the payment method for the requested services. In this regard and in no case, shall SINGULAR TM make additional surcharges for the mere choice of the User regarding any of the payment methods available on the Website.
SINGULAR TM manages the service collection through a payment gateway that ensures the security of the payment data entered by the user.
When finalizing the purchase, SINGULAR TM shall send an acknowledgement of receipt by e-mail or by other electronic means of communication equivalent to the address the User has indicated within a maximum term of 24 hours after the acceptance reception. In addition, SINGULAR TM shall send an order summary and a copy of the contract, which must contain all the information related to the purchase legibly, written at least in Spanish, and in clear and understandable words.
SINGULAR TM undertakes to fulfill the contract, being, in any case, the maximum term of 30 calendar days from the legalization of the agreement date, unless otherwise established by mutual consent between the parties, considering the complexity of the service conferred.
The obligation of SINGULAR TM shall be understood as completed when the purpose of the agreement has been fully carried out by SINGULAR TM, without such compliance depend on third-party responsibility factors, and these being a consequence of the entrusted service (for example, the registration time).
Once the service provision has begun, SINGULAR TM reserves the right to demand the reimbursement or the payment of the expenses incurred as a result of such compliance, until the moment in which, if applicable, the User has duly notified of the request withdrawal. Additionally, SINGULAR TM reserves the right to request the corresponding provision of funds.
SINGULAR TM reserves the right to accept or reject any request provided that:
- It confirms the data provided is false or inaccurate;
- The request does not comply with the Terms and Conditions for Provision of Service;
- The request SINGULAR TM image;
- The User has previously requested services pending payment.
6. RESPONSIBILITIES AND GUARANTEES
SINGULAR TM undertakes to continuously provide services in accordance with these Terms and Conditions for Provision of Service, pursuant to the applicable laws. In the event of any interruption of requested services, SINGULAR TM shall try to restore the service as soon as possible.
SINGULAR TM undertakes to provide the services under the appropriate security conditions, and, in accordance with the technique status known at all times, to ensure the proper functioning of the Website, and to prevent the existence of viruses or computer programs that may cause damage to the users. However, computer security is not infallible, and it is exposed to certain risks arising from harmful components that are present on the Internet. Therefore, SINGULAR TM is not held liable for damages suffered by the user as a result of failures or interruptions of the Website, viruses or harmful computer programs, or for the potential vulnerability of the Website and the user virus.
7. TERM AND TERMINATION
These Terms and Conditions for Provision of Service, pursuant to each of the Services that, in each case applicable, shall be terminated for the reasons admitted in both the Civil Code and the Code of Commerce and, specifically, by mutual agreement between the parties expressly stated in writing.
However, the termination of the contractual relation does not relieve the parties from the performance of their outstanding obligations.
In addition, the parties may terminate the relationship at any time for the following specific reasons:
- Serious or repeated breach of the obligations assumed;
- Serious or repeated breach of the undertaken obligations; By voluntary or compulsory liquidation, or by default or bankruptcy;
- Participate or decides to participate in some kind of legal business or procedure by which all or part of your assets are transferred to the benefit of your creditors in general;
- A court agrees to its liquidation and/or dissolution, and a receiver or other similar position is appointed in relation to all or any part of your assets or estate;
- In case any of the reasons foreseen in the law.
8. UNEXPECTED EXCEPTIONAL CIRCUMSTANCES AND FORCE MAJEURE
Neither of the parties shall be held liable for delay in the performance of its obligations if this breach is due to unexpected exceptional circumstances or force majeure, based on the provisions of article 1105 of the Civil Code. This circumstance shall be informed the other party as soon as possible.
9. CONFIDENTIALITY AGREEMENT
The parties take over the strictest duty of confidentiality regarding the content of conversations, negotiations and actions related to its purpose, undertaking not to disclose, either fully or partially, its content to third-parties without the prior written consent of the other party.
Notwithstanding the foregoing, the Parties may disclose such information to companies in their same business line, employees and independent collaborators and consultants who need to know such information and who undertake to maintain confidentiality on terms as strict as those set forth herein.
10. APPLICABLE LAW. COMPETENT JURISDICTION
These Terms and Conditions for Provision of Service are governed by Spanish law, without prejudice to the application of any other rules issued by competent authorities.
Agreement entered into between SINGULAR TM and the User shall be presumed to have been legalized in the primary residence of the User. Therefore, the place of residence of the User shall determine the Courts that shall hear any disputes that may arise from the contractual relationship between SINGULAR TM and the User, as well as the applicable Law.
However, SINGULAR TM and the User may agree to submit to the Consumer Arbitration System voluntarily and expressly. In this way, all the User’s claims can be resolved.
For any question, or to notify of any breach of these Terms and Conditions for Provision of Service, the User can contact SINGULAR TM through the following email address [email protected]
Last version: June 2019.