The present Terms and Conditions shall apply to all services provided to the Client by MAS LEGAL, a law firm registered under the name of Severine MAS, Solicitor. The firm is regulated by the Law Society of England and Wales (number 468289). Its registered office is located 23 Austin Friars, London EC2N 2QP, England. Correspondence address in France is 8 Rue Sainte, 13001 Marseille, France.

Definitions

MAS LEGAL and the Firm shall designate Severine MAS, Solicitor, as well as partners, employees, agents, and sub-contractors.

Client, or User: shall hereafter refer to You, your company, employees, or agents.

Online Services or Services: all services available online on MAS LEGAL’s website(s) including, but not limited to, MarkLocator, BrandToBe and My©Box.

Application or Software: designates the My©Box digital fingerprint application.

MAS LEGAL Terms and Conditions: the present Terms and Conditions, in their latest version.

Day or daily means a weekday, i.e. excluding Saturdays, Sundays, and bank holidays.

1. SERVICES

A/ MARKLOCATOR

MAS LEGAL provides certain online services via the MARKLOCATOR website. MARKLOCATOR allows Clients to manage their trademark surveillance subscriptions and to monitor their online brand image. Clients can access 4 modules via the MARKLOCATOR platform, depending on their package choice:

- Audit and surveillance for Cybersquatting (domain name abuse);

- Advertising (search engine marketing abuse);

- Counterfeiting (web, social media, e-Bay, Facebook, Twitter, YouTube, etc.);

- Copyright infringement (similar webpage contents).

The Client can have access to dashboards synthesis, search reports and presentation of the results.

All data is backed-up on a daily basis. However, these services are provided “as is” and are subject to the exclusions of warranties of the present Terms and Conditions.

MARKLOCATOR's services are provided for the duration subscribed to by the Client. Services can be renewed subject to the payment of a renewal fee. When the Client decides to terminate the services for any reason, no refund, indemnity or reimbursement will be paid to the Client. The Services can be terminated at any time. The Client must inform us by email that he wishes to close his account.

At the end of the subscription period, the Client's account will be accessible for 30 days (the grace period). Upon expiration of the grace period, all data will be removed and the Client's account will be closed.

a) MARKLOCATOR description of services

The Services proposed by the Firm on the Site MARKLOCATOR consist of a system for brand monitoring and trademark searches on the Internet, allowing the Client to receive reports generated from the searches.

Assisted configuration is included in MARKLOCATOR services. The Firm will set up your campaigns and perform the first level of analysis.

The search reports present all information identified as sensitive in a clear and concise manner, with time-stamped screenshots, release dates, and identification of website publishers. The report appendixes present a thorough identification of website owners (publishers, agencies, registrars, hosters, advertisers) when they are available.

Searches are made by scanning the Internet. Searches and results are not exhaustive. Information provided to the Client results from the analysis of what is detected by the MARKLOCATOR system, on the Internet, when (date and time) the search is conducted. Information may change between the time of its detection by the MARKLOCATOR system, and its consultation by the Client.

Furthermore, this information (including status of domain names, contact identification, availability of brands) is extracted from third parties' websites and is owned by their author(s) or publisher(s). They may contain errors or omissions. MAS LEGAL does not take any responsibility for the accuracy of the information.

MARKLOCATOR packages include a limited legal analysis and legal advice when we set up your campaign(s). However, the validity or accuracy of the information and data detected is not guaranteed. The Client should ask for further legal advice when he considers it necessary.

b) Account opening

To use the Services, the Client must purchase a MARKLOCATOR package online. The information given by the Client must be accurate, complete and be kept up to date. The Client must ensure the validity of email addresses provided to the Firm. All emails sent by the Firm will be sent to the email address provided during registration. After validation of the purchase, the Firm will open the Client's Account.

It is further highlighted that the Firm reserves the right to refuse the registration of a Client, to suspend or terminate the Client's subscription, particularly if the information provided by the Client appears to be false or misleading and in general if a legitimate reason occurs. In this instance, the Firm will notify the Client via email and refund the money paid by the Client. Bank or financial establishment Terms and Conditions apply to all refunds and bank processing fees may be retained by the bank or financial establishment from the final sums paid back to the Client.

MARKLOCATOR Services are available for the duration stated when purchasing the package. The Client's subscription may be cancelled at any time by the Firm for non-compliance by the Client to the present Terms and Conditions, without any right to compensation, damages, or refund.

c) Purchase of services

Orders are placed directly by the Client on MAS LEGAL's website.

Ordering services implies the unconditional acceptance of our Terms and Conditions. It is hereby agreed that the Client manifests its acceptance of the said Terms and Conditions by clicking on the validation button for this purpose on our website. Once the order is sent, and unless otherwise expressly agreed in writing by the Firm, the order becomes final and cannot be modified or cancelled in whole or in part by the Client.

An email confirming the order will be sent by the Firm to the Client.

d) Specific provisions for subscriptions

Certain services are offered and provided as part of subscription packages. Each subscription is made for the duration specified in the product pages. Subscriptions need to be expressly renewed at the end of the subscription period by purchasing another package. If a new package is not purchased by the Client, his account will be deleted after a grace period of 30 days. All information will be lost, without any right of the Client to be indemnified. It will not be possible to recover the data after the expiry of the grace period, even in the case of the purchase of a new package.

e) Use of reports and studies

Intellectual Property of Reports and Studies carried out for and provided to the Client by the Firm remain the property of the Firm. No intellectual property right is assigned to the Client except as defined hereafter.

The customer has a right to use and reproduce the contents of the reports and studies for his own personal needs. In particular, no deliverables can be reproduced, assigned and/or exploited for commercial purposes.

The Client shall not use the Services and the MARKLOCATOR system for illegal or objectionable activities, including but not limited to those that would:

- undermine third parties' intellectual property rights (such as copyright, trademark or design rights);

- violate privacy, right to its image, or reputation of a third party;

- be contrary to public order, morality or may offend minors;

- be denigrating, defamatory or constitute abuse.

It is also strictly forbidden to use the Services for advertising, promotional, or commercial purposes (i.e. reselling to a third party).

f) Accessibility of services

The MARKLOCATOR Services are available 24/7, except in cases of force majeure, breakdowns or for any maintenance necessary to ensure the operation of the MARKLOCATOR website.

Whenever possible, the Firm will notify the Client of such maintenance works or temporary suspension of services.

The Firm will not be held responsible for any difficulties in accessing the MARKLOCATOR website due to disruptions of the telecommunications network. Despite all reasonable protections against hacker intrusion or virus, we cannot guarantee the Client against such events. MAS LEGAL shall bear no liability for inconvenience or damages that may be caused to the Client by such events.

g) Support

MARKLOCATOR is provided with its documentation and user manuals. We do not provide a hotline or free support service. A quotation will be sent upon request for training sessions or corporate support.

h) Disclaimer of warranty

All exclusions of guarantee and of responsibility stated in article 8 in these Terms and Conditions apply to MARKLOCATOR and its associated services.

B/ BRANDTOBE

a) Definition

BrandToBe are legal services comprising of trademark clearance searches and analysis. Each BrandToBe Package includes legal fees for the filing of a trademark registration request in the relevant countries. BrandToBe does not include taxes payable to the relevant Intellectual property office(s), bank transfer fees (for international trademarks), and VAT. In addition, international trademark registrations are complex and it is possible that in some circumstances, a trademark office will object to your registration. This will require additional work which is not included in the BrandToBe packages.

Trademark filing fees will be paid by the Client before MAS LEGAL files the trademark. The amounts payable to the relevant Intellectual property offices are displayed on the product pages of each BrandToBe package. These amounts are correct at the time of writing. Intellectual Property offices may however change their fees from time to time. The Client is responsible for paying the fees due at the time of filing of the trademark registration request. These fees may be different from those displayed on the MAS LEGAL website or the fees noted at the time of the purchase by the client. The Client recognises that MAS LEGAL cannot be held liable for any increased or additional trademark filing fees that the client may have to pay to seek or maintain trademark protection in any given country. In some instances, VAT may be payable in addition to the price mentioned on the website. VAT is calculated at check-out when applicable (overseas clients and EU companies registered for VAT in their country of origin do not need to pay VAT).

Trademark filing work, such as determining product classes and goods and services, is conducted by MAS LEGAL. MAS LEGAL will work in cooperation with the Client to determine the best products and services for the trademark registration request. This will depend on similar trademarks that may have been found and on the Client's existing and planned activity. The list of products and services shall be approved by the Client prior to filing.

b) Turnaround times

We will fulfill your order within 7 to 10 working days. Turnaround times specified in the order are only indicative and estimated timelines. Difficulties may arise due to the type of work ordered by the Client. In some cases, turnaround times may be increased in particular when a name is generic.

c) Payment and conditions

BrandToBe is a comprehensive trademark clearance search package. We will register your available mark as a courtesy for no additional fee in three classes.

When the chosen brand/sign is not available for registration and the Client wishes to abandon the registration after receiving his search & analysis report, the package price cannot be refunded, in whole or in part.

Trademark registration requests, unless stated otherwise, are subject to payment of a lump-sum fee. All fees shall be paid in advance. Filing of a trademark registration request is invoiced according to the quotation approved by the Client. The price quoted does not cover any additional work such as opposition procedures, negotiations with a third-party for a trademark coexistence agreement, or any other work other than filing the trademark. In some countries, if an objection to your trademark registration request is raised by a trademark office, it may be necessary to appoint an agent who is domiciled in the relevant country. These fees are not included in your package. Non-substantive Examiner's objections (i.e. for class changes or amendments to the products and services list) are covered by the fees. Substantive objections such as refusal for descriptiveness or deceptiveness are not covered by the fees. MAS LEGAL shall have final judgement on what constitutes a non-substantive or substantive objection.

d) BrandToBe international trademark extensions

International registration of trademarks via the Madrid System requires the Client to have the necessary connection through an establishment, domicile or nationality of any Contracting Party, or of a Member State of an intergovernmental organisation (for example the European Union). Depending on the nationality of the Client, it may be necessary to register a base national application in the country where the Client is a national; the said base national trademark will serve as a basis for the international extension.

e) No Liability

The Firm accepts no responsibility with regard to the success or failure of a registration request, and potential third party claims before or after registration. All exclusions of guarantee and of responsibility stated in article 8 in these Terms and Conditions apply to BrandToBe and its associated services.

C / My©Box

a) What is My©Box?

My©Box is a service of online copyright deposit and related conservation and certification of digital documents, as well as associated legal assistance in case of dispute.

b) What My©Box is not

My©Box does not intend to replace government registration bodies or international organisations for the registration of intellectual works. A deposit made through our website is not a substitute for a patent, trademark or design registration such as defined by International Treaties.

My©Box does not guarantee that the files, documents, designs or other creations are eligible for copyright protection in the country where the protection is sought, and that the Clients (you) will be able to succeed in your copyright claim or defence.

c) Definitions

My©Box provides users services of online deposit of documents and related services, designed to demonstrate in countries where the courts recognise the probative value of an official report drawn up by a French Notary, the paternity and prior rights in intellectual creations.

d) How does it work?

My©Box provides users the ability to upload a file or a digital fingerprint of their files, creations, documents and designs on our servers via the Internet.

After uploading to our servers, your files or digital fingerprint of your files are transmitted to the Notary. The Notary will timestamp them. We will send you a registration certificate as a proof of deposit.

The Notary will keep your files or digital fingerprint for thirty years. During this period, the Client will have the option to order through MAS LEGAL a Notary report, or in the event of liquidation of MAS LEGAL, request a report directly from the Notary, whose address and name will be disclosed to the Client upon request.

On request, the Client may obtain a backup copy of the file or fingerprint. However, this is an exceptional measure and is not the intended purpose of My©Box services. This service will be charged at a flat rate of £100. This service is however offered at the discretion of MAS LEGAL, and may be suspended at any time, temporarily or definitively.

Services of digital fingerprint deposit, recovery of a backup copy of the fingerprint, and obtaining a Notary report are paid services, at rates specified in the product pages, or upon quotation when applicable.

The Notary will not respond to any information request. The Client agrees to send all inquiries to MAS LEGAL via the "Contact" section on the website. In case of non-compliance with this requirement, the Client accepts the possible cancellation of its deposits and waives the right to obtain any associated service (s) in connection with the deposit (s).

e) Deposited File

The deposited file is time-stamped by the Notary. Time-stamping assigns a definite date to the upload and may constitute paternity evidence. However, this evidence cannot be constitutive of any right of the Client on its contents (it does not guarantee that they are eligible for copyright). Only a tribunal can determine if a creation is eligible for copyright protection.

The files will be kept in the strictest confidence by the Notary and will not be accessible by the Notary's staff.

Files cannot be deleted or modified after their deposit with the Notary.

A deposit is considered made upon receipt by the Client of the deposit certificate sent by us.

The deposit will be deemed valid only if the Client is able to provide the deposit reference number. In the case that the Client loses this reference number, we will be able to send it to him by fax only, upon provision of a copy of a valid official ID and a proof of address, and any additional element that we may find appropriate to check that the request and the client’s identity is genuine. Due to insufficient security of electronic mail, no confidential information can be sent by email.

In the event of a dispute regarding the ownership of the files, we will not agree to modify the deposit unless we receive a court order for such an act.

f) Software

My©Box Fingerprint software generates a digital fingerprint with the SHA-512 algorithm or any stronger SHA algorithms when they become available. The user can use any other software of his choice to generate the hash print (digital fingerprint). MAS LEGAL and its providers and employees, cannot bear any responsibility for the choice of software made by the User. My©Box Fingerprint reflects the state-of-the art in the field of cryptographic tools but unfortunately, we cannot guarantee that the digital fingerprint will not be challenged in Court, even if the user takes the digital fingerprint with My©Box Fingerprint.

MAS LEGAL, its providers and employees cannot be held responsible for any defect or failure of My©Box Fingerprint, or the inability of the Client of using it. All exclusions of guarantee and of responsibility stated in article 8 in these Terms and Conditions apply to My©Box Fingerprint and its associated services.

g) Duration of protection

Copyright is valid during the life of the author/creator plus 70 years following his/her decease. The Notary will keep your deposit for a minimum duration of 30 years. During this period, you can ask for a Notary report at any time, confirming the contents of your deposit (the characters of your digital fingerprint for deposited fingerprints).

h) How to use your package

When you purchase a package with us, it is possible to use your package for a period of three years (you can make successive deposits up to your number of deposit limit, for three years after the purchase of your package).

i) Obligations and responsibilities of the Client

In the absence of any failure of MAS LEGAL, the Client agrees to send his information requests to MAS LEGAL only. In addition, the Client understands and agrees that the Notary, in accordance with its obligations relating to professional secret, will not respond to any information request.

In compliance with advertising restrictions that forbid any Ministerial officer from benefiting from any publicity, the Client agrees not to divulge to the public the name and address of the Notary (this restriction does not apply to litigation proceedings).

In order to request an official Notary report of his/her deposit(s), the Client agrees to provide the reference number corresponding to his deposit(s).

The Client undertakes to keep securely all deposit certificates, the certificates constituting proof of deposit.

J ) Obligations and responsibilities of MAS LEGAL

Deposits are transmitted to the Notary on a daily basis. In the event of a loss of data caused by force majeure circumstances, the Notary and/or MAS LEGAL undertake to take reasonable measures to restore the deposit records.

MAS LEGAL cannot be held responsible in any way for any transmission failures between the client’s computer and the servers of MAS LEGAL and technical issues of the Internet.

In the event of termination or long interruption of the Notary's activity due to a cause other than wars, epidemics, disasters, natural disasters, fires or other major disasters, the continuity of the issuance of acts by the Notary is guaranteed by his legal successor.

In case of temporary or permanent cessation of MAS LEGAL, the Notary will continue to issue acts for deposits made before the cessation of activities of MAS LEGAL.

k) Legal assistance disputes

MAS LEGAL offers complimentary legal assistance for each of the deposits. This assistance is available a single time for each deposit. The legal assistance consists of a limited free assessment of the case merits. The assistance is not a substitute for legal advice, and is provided for informational purposes only. MAS LEGAL reserves the right, in complex intellectual property matters, to propose paid services and/or specialist legal services, especially in the case of designs and patents infringement. The legal assistance is limited to providing advice on the first steps of the dispute only.

l) EXEQUATUR

The Notary report may be considered as evidence in the same way as a simple non-adversarial expert report, without the need for an exequatur procedure. It is possible that a Tribunal in the European Union will accept this evidence without an exequatur procedure. However, MAS LEGAL does not offer any guarantee and does not make any representation that this will be the case. You agree that there may be steps and expenses incurred for the enforcement of the Notary report. You acknowledge that you shall bear all responsibilities and costs necessary to enforce your copyright defense with the use of the deposit.

Currently, there is no freedom of circulation of authentic instruments and judicial acts in the European Union. These issues are being discussed by the European Commission, but no common regulation is currently in place. Because there is no common European system, MAS LEGAL has chosen, as legal grounds for My©Box deposits, to base its protection and copyright deposit system, on an authentic instrument executed by a French Ministerial Officer. As such, it may be necessary to use some enforcement proceedings (called exequatur) if you use this authentic instrument outside of the French territory.

m) How can your digital fingerprint be used in court?

Your digital fingerprint will be time-stamped and securely kept by our Notary. This fingerprint will be compared to a second digital fingerprint taken with the original files (but identical) supplied by the Client. If the files are identical and have not been modified, the algorithm will calculate the same digital fingerprint. You are strongly advised to follow our step-by-step guide for a successful deposit. Taking the second fingerprint and bringing this evidence to court may require a Notary report or an expert report. These services are paid services and are not included in your package price.

The request for a Notary report or Notary authentication of a fingerprint or deposit (existence and date) is charged at the applicable rate at the time of ordering. The Notary report will be established by the Notary after full payment of the costs for these services.

A Notary report request in connection with any legal proceedings must be made at least 30 (thirty) days before the court hearing date. For delays shorter than 30 days, the Notary will charge an additional fee for the establishment of an urgent report.

To be valid, any request for a Notary report must be accompanied by a copy of an official identity document of the Client, and proof of residence. All report requests must be paid in full and in advance.

Only the Client or his assignees may request a Notary report relating to a deposit.

In order to avoid the misuse of our services, our free legal assistance will not be offered by the Firm if the complaint or summons has occurred less than 6 (six ) months after the filing with the Notary (of) the document (s) in dispute.

In order to benefit from our free legal assistance a proof of the claim must be sent to us (e.g. copy of the writ of summons).

The Notary report will mention the date and time of receipt by the Notary of the submitted deposits. These may present discrepancies with the time and date of transmission to MAS LEGAL due to technical constraints and delays of transmissions to the Notary. If applicable, the Notary report will contain a reproduction of the digital fingerprint.

You acknowledge that we are entitled to terminate all or part of your rights of access to your deposits or cancel your services of deposits and access to them for any legitimate reasons or if we have reason to believe that you have violated or acted inconsistently with any applicable Laws or international Treaties or the present Terms and Conditions.

n) Limited liability and exclusion of guarantee

All exclusions of guarantee and of responsibilities stated in article 8 in these Terms and Conditions apply to My©Box Fingerprint its associated services.

2. OBLIGATIONS OF THE CLIENT

For services charged on a lump-sum basis, in the case that the Client decides unilaterally or following the Firm’s advice, to stop any work/assignment during the normal execution of the said work/assignment or case, the Client will not be entitled to any refund. The Client may be entitled to a refund for services invoiced by the hour, to the extent that the completed work and all expenses were paid by the Client.

The Client shall act sincerely and shall not keep secret or withhold any information which would have prevented the Firm from accepting the work or which would have a negative effect on the case or assignment. The Client shall provide the Firm will all information and documentation relating to the assignment which is necessary for the execution of the work.

The Client shall always act in a diligent and courteous manner. Retention of information or presenting information in a misleading manner by the Client shall lead to immediate termination of the services. Late payments shall interrupt all Services without MAS LEGAL being held liable for any damage that the Client may suffer as a result.

Failure to comply with any term or condition by the Client shall lead to immediate suspension or termination of the Services.

3. OBLIGATIONS OF THE FIRM

General obligations

European Attorneys must respect the strictest confidentiality regarding all information divulged in writing or orally by their Clients. All information shall, as a consequence, be dealt with in strict confidence by MAS LEGAL. The Client should be aware of anti-money laundering regulations which can levy professional secret in the case of suspected money laundering. The Firm will make its best efforts to assure the conservation of all the documents given by the Client. The Client undertakes, as a precaution, to keep in its premises a copy of all the documents sent to the Firm. The Firm shall act in accordance with the rules and regulations of the England and Wales Law Society, the Bar regulations in France, and European Bar Regulations.

Security

Our services are encrypted with state-of-the art encryption tools and technology. In particular, our check-out and contact pages, as well as our MARKLOCATOR services are encrypted with an SSL connection. The SSL protocol is the industry standard method allowing client-server applications to communicate across the Internet in a way designed to prevent eavesdropping and tampering. Communications between your computer terminal and our servers are therefore protected from outside interceptions or modifications, as long as the browser software you use is reputable and has not been infected by spyware or viruses.

However, the Firm cannot guarantee absolute protection of our website and data against potential events such as cracking of our security systems or security breakdowns affecting the entire computer industry such as flaws found in the industry standard encryption systems we use.

Turnaround times

Turnaround times for services ordered by the Client (including date of delivery or completion dates of Searches) are specified when ordering. They vary depending on the type of work and depend on the type of name (brand or domain name) covered by the search. Generic names require longer turnaround times.

These turnaround times shall run from the date of the order confirmation by the Firm and are calculated in working days i.e. excluding Saturdays, Sundays and UK bank holidays.

Turnaround times specified in the order are only indicative and estimated timelines. Difficulties may arise due to the type of work ordered by the Client. In rare occasions, it may not be possible to search correctly due to the name being too generic. We will then refund the package price to the Client. The Client shall not have a right to be indemnified for any damages that this may cause. Bank fees may apply (bank or financial establishment Terms and Conditions shall apply to refunds).

4. INTELLECTUAL PROPERTY

Trademarks and reproduction

MARKLOCATOR, BRANDTOBE and MY©BOX are registered trademarks of MAS LEGAL. All contents on our websites, designs, graphics, images, logos, are copyright of MAS LEGAL.

Our websites, including all designs, drawings, charts, pictures and images are protected by Copyright laws and International Treaties. Reproduction of any element is strictly prohibited. Our websites and all their designs are registered with and timestamped by a Notary. Our websites contents are monitored with MARKLOCATOR.

Copyright granted

You may view, download and print pages or other contents from MAS LEGAL websites, Reports and Studies for your own personal use or records, subject to the restrictions set out below:

(a) you must not publish, sell, rent or sub-license any materials from MAS LEGAL websites, Reports or Studies even if they were specifically written for you;

(b) you must not reproduce, duplicate, copy or otherwise exploit any material on our websites, Reports or Studies, for a commercial purpose, even if they were specifically written for you.

5. REGISTRATION INFORMATION

In order to complete the sign-up process, you must provide a valid email address, and all other information requested. You are responsible for keeping your password secure and are accountable and legally liable for information that is uploaded by you. You must not transmit any worms or viruses or any code of a destructive nature. All information provided by you or gathered by MAS LEGAL Website or third parties during your visit to MAS LEGAL Website shall be subject to the Terms and Conditions stated in MAS LEGAL Terms and Conditions.

6. PRIVACY

General information

In the course of providing our services, we may store personal data including: your name, address, date of birth, gender, nationality, telephone number, email address(es).

Cookies

We use session cookies which are necessary to provide online services explicitly requested by the User. If cookies are disabled, these functionalities will not be available (for example, adding a product to your shopping cart). Session cookies are exempt from informed consent. They are not used for any other purpose. These cookies include cookies used to keep track of a User’s input when filling online forms (also known as session-id cookies). Session cookies are also used to allow Users to authenticate themselves on successive visits to the website whilst logged on.

We do not use analytics cookies to measure statistics on our website. We do not use cookies for tracking users.

By using MAS LEGAL Website and agreeing to these Terms and Conditions, you consent to our use of cookies in accordance with our Terms and Conditions.

Disclosure to third parties

European Attorneys must respect the strictest confidentiality regarding all information, divulged in writing or orally, by their Clients. All information shall, as a consequence, be dealt with in strict confidence by MAS LEGAL. Users of MARKLOCATOR should however be aware that MARKLOCATOR administrators have access rights to all client accounts. These rights are for maintenance purposes only. Except as detailed above, no information about you will be disclosed to a third party, or used for a purpose other than its original purpose.

Conservation of data

Data collected about you will be kept by MAS LEGAL for the duration required by the Law, depending on the purpose of the collection, and for a maximum of six years.

Security

MAS LEGAL takes all necessary precautions to protect personal information from loss, misuse and unauthorised access, disclosure, alteration and destruction. For details on our payment procedure, please see the section "TARIFFS" below.

Log information

When you access MAS LEGAL services via a web browser, our servers store information in server logs. These logs include information about your I.P. address, your browser and browser language, the date and time of access to our servers, session and user-ID cookies that allow us to identify you or your account.

Changes

MAS LEGAL may amend its Terms and Conditions from time to time. If you do not agree to such changes, you are entitled to terminate your services by closing your account without any right to be indemnified or reimbursed by MAS LEGAL. If you continue to use our products and services, such changes will be reputed accepted by you, without restriction.

Right to access personal information

You have a right to access personal information we hold about you and a right to correct, amend, or delete that information where it is inaccurate, except where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where the rights of persons other than you would be violated. If you wish to exercise this right, the law requires that a proof of ID be sent to MAS LEGAL. In compliance with the Law, MAS LEGAL may refuse to process repetitive or systematic requests, requests requiring disproportionate technical effort, or that would be extremely impractical, or for which access is no longer required.

If you have any queries or complaints relating to collection and/or use of information about you, please use our contact form.

7. Tariffs and taxes

Tariffs are subject to modification without notice. Tariffs, when expressed for trademark government filing fees, are indicative only and may be subject to exchange rates fluctuation. MAS LEGAL shall not be held responsible for any increase in the trademark government filing fees when payment is due.

Payment information with Worldpay

MAS LEGAL provides online payment with Worldpay. Under no circumstances will any payment information, credit/debit card number or other bank details be held, processed, or stored, by MAS LEGAL.

V.A.T.

All prices quoted are exclusive of VAT. VAT is payable by European clients according to VAT rules in force in the EU. From 1 January 2010, VAT applicable for European Business to Business provision of services is taxable at the place where the customer is established, and no longer at the place where the supplier is established. As a consequence, Business Clients registered for VAT in their home country are liable to declare or pay VAT and may need to comply with declaration obligations at their home Customs Office. More information on VAT rules in the UK (pdf).

No Value Added Tax shall be applicable to the fees payable by overseas Clients.

Intra-community VAT number GB 144 873491. VAT is not applicable on trademark government filing fees.

8. WARRANTY: WEBSITES AND ONLINE SERVICES

DISCLAIMER OF WARRANTY

SERVICES PROVIDED ON OUR WEBSITES, INCLUDING MARKLOCATOR, MY©BOX, ALL SOFTWARE AND ONLINE SERVICES ARE PROVIDED “AS IS”, FOR EXPERIMENTAL USE ONLY, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. MAS LEGAL MAKES NO WARRANTIES THAT ONLINE SERVICES WILL PERFORM WITHOUT ERRORS OR WILL BE FREE OF DEFECTS. MAS LEGAL MAKES NO WARRANTIES AS TO THE QUALITY, SUITABILITY TO A SPECIAL PURPOSE, ACCURACY, AND THAT SERVICES WILL CAUSE NO DAMAGES ARISING OUT OF THE USE OF, PERFORMANCE, OR INABILITY TO USE MAS LEGAL SERVICES, EVEN IF MAS LEGAL HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT USE OF SERVICES IS FOR THE USER'S PERSONAL USE ONLY AND NO RIGHT TO COMMERCIALISE ANY OF THE DATA OR RESULTS OF SERVICES IS GRANTED TO THE USER. MAS LEGAL DOES NOT GUARANTEE THAT THE USER WILL ENJOY UNINTERRUPTED OR ERROR-FREE USE OF THE SERVICES IN CONJUNCTION WITH OTHER COMPONENTS, INTERFACES, PRODUCTS, SYSTEMS, COMPUTER PROGRAMS, HARDWARE OR ENVIRONMENTS, AS ANY INTERACTION WITH OUR SERVERS USING SUCH MATERIALS AND EQUIPMENT IS BEYOND THE CONTROL OF MAS LEGAL.

NO OTHER WARRANTIES

MAS LEGAL DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO ONLINE SERVICES, MARKLOCATOR, WRITTEN MATERIALS OR DOCUMENTATION. IF A FINAL COURT DECISION HELDS A SOFTWARE APPLICATION/WEB SERVICE AS INFRINGING A THIRD PARTY RIGHT, MAS LEGAL SHALL HAVE THE RIGHT TO IMMEDIATELY TERMINATE THE LICENSE AGREEMENT, WITHOUT ANY RIGHT FOR THE USER TO OBTAIN ANY REIMBURSEMENT, TO BE INDEMNIFIED OR TO OBTAIN ANY DAMAGES.

NO LIABILITY FOR DAMAGES

IN NO EVENT SHALL MAS LEGAL, ITS EMPLOYEES, AGENTS, SUB-CONTRACTORS, DIRECTORS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES EITHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGE CAUSED BY THE LOSS AND DESTRUCTION OF DATA, DAMAGES FOR LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, PERFORMANCE OR INABILITY TO USE THE SERVICES, EVEN IF MAS LEGAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF A COURT DECISION SHALL DECLARE THIS TOTAL EXCLUSION OF LIABILITY AS INVALID, THE ENTIRE LIABILITY OF MAS LEGAL FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CLIENT TO MAS LEGAL FOR THE SERVICES.

9. LIMITATION OF LIABILITY: LEGAL SERVICES

THE FIRM, INCLUDING ACTIONS OR INACTIONS OF ITS EMPLOYEES, AGENTS, PROVIDERS, AND SUB-CONTRACTORS SHALL HAVE THE FOLLOWING LIMITED LIABILITY WITH RESPECT TO LEGAL SERVICES PROVIDED TO THE CLIENT (TO THE EXCLUSION OF ONLINE SERVICES WHICH ARE SUBJECT TO THE SPECIFIC PROVISIONS OF ARTICLE 8 ABOVE ).

IN ANY CASE, THE FIRM’S ENTIRE LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, OR ANY OTHER THEORY OF LIABILITY SHALL BE LIMITED TO €3,000,000 OR SUCH LESSER AMOUNT AS THE FIRM’S PROFESSIONAL INDEMNITY INSURERS SHALL ACCEPT.

THE FIRM SHALL, UNDER NO CIRCUMSTANCES, BE HELD LIABLE WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY OR ANY OTHER THEORY OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH AS, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF REVENUE, LOSS OF OPPORTUNITY, BUSINESS DISRUPTION OR OTHER PECUNIARY LOSS ARISING OUT OF THE PERFORMANCE OF A SERVICE, OR INABILITY TO PERFORM A SERVICE (INCLUDING LOSS OR DAMAGE SUFFERED BY THE CLIENT AS A RESULT OF AN ACTION BROUGHT BY A THIRD PARTY) EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE, AND EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF A NUMBER OF EVENTS OF DEFAULT GIVE RISE SUBSTANTIALLY TO THE SAME LOSS THEN THEY SHALL BE REGARDED AS GIVING RISE TO ONLY ONE CLAIM.

NOTICE OF ANY CLAIM MUST BE GIVEN TO THE FIRM IN WRITING BY REGISTERED OR RECORDED LETTER WITHIN THREE MONTHS OF THE DATE YOU BECAME AWARE OF ANY DAMAGES, EVENT OR DEFAULT, OR THE DATE WHEN YOU OUGHT TO HAVE BECOME AWARE OF ANY DAMAGES, EVENT OR DEFAULT. THIS DELAY CONSTITUTES A CONTRACTUAL LIMITATION TO OUR LIABILITY TO THE CLIENT WITH REGARD TO ALL LEGAL SERVICES PROVIDED BY THE FIRM, ITS EMPLOYEES, AGENTS, PROVIDERS, AND SUB-CONTRACTORS. FAILURE TO GIVE NOTICE WITHIN THIS TIME PERIOD AND BY REGISTERED OR RECORDER LETTER WITH PROOF OF DELIVERY FORFEITS ALL MAS LEGAL GUARANTEES AND LIABILITIES TO THE CLIENT. THE CLIENT SHALL NOT BE ENTITLED TO CLAIM ANY DAMAGES LATER ON.

10. TERMINATION

This agreement will remain in full force and effect while you use MAS LEGAL websites, the Application or any MAS LEGAL services. You may terminate your membership at any time for any reason. We may terminate your membership for any breach of the present Terms and Conditions at any time. If we terminate your membership in the Services because you have breached this agreement, or if you terminate your membership, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this agreement will remain in effect.

MAS LEGAL shall always have the right to terminate legal services without need to give a reason to the Client. In the case of late payment, MAS LEGAL shall have the right to immediately terminate the services. In the case of termination of the services, the Client is not entitled to any indemnification whatsoever. The Client shall always be liable for the work already performed by the Firm before termination of the services.

Legal services are provided on a personal basis, i.e. intuitu personae. This means that our services are not transferable to a third party, and that we reserve the right to refuse the provision of services to a client. If we chose not to provide services that were prepaid online by a client, we will reimburse the client within 5 working days. The client shall not be entitled to any compensation or damages.

11. COMPLAINTS

If you have a complaint, please contact the Firm with our contact form. It is particularly important that you give MAS LEGAL accurate contact details (e.g. a valid email address and current phone number) to help MAS LEGAL contact you in a timely manner. After contacting us, if the Client estimates that the matter has not been resolved, the Client can lodge a complaint with the legal ombudsman http://www.legalombudsman.org.uk, or the Solicitors regulation authority. Please note that these organisations will be unable to help you if you have not informed us first of your complaint.

12. MISCELLANOUS

12.1. Amendements

The present Terms and Conditions shall be amended by MAS LEGAL from time to time. The latest version is published on our website. For legal services, the updated version shall be sent to the Client and deemed to be accepted if the Client did not expressly refuse to accept the updated version within 15 days from receipt. If the Client refuses to accept the new Terms and Conditions, the Firm shall cease to act for the Client and to represent the Client after a notice period of 1 month. The Client shall not be entitled to any indemnity whatsoever. Section 10 “Termination” above shall apply in any such event.

12.2. Titles

Titles in the present Terms and Conditions are for the purpose to facilitate the reading and shall have no legal value. Only the article contents shall have some legal value to the exclusion of the titles and subtitles.

12.3. Severability

In the event of invalidity of any provisions of the present Terms and Conditions, such invalidity shall not affect the validity of the remaining provisions of the Terms and Conditions.

12.4. Waiver

Any waiver or failure to enforce any provision of the present Terms and Conditions on one or several occasions will not be deemed a waiver of any other provision or of such provision on any other occasion.

12.5. Choice of law and jurisdiction

The present Terms and Conditions are governed by the laws of England and Wales, to the exclusion of its conflict of law rules. Any dispute arising out of the use of MAS LEGAL products and services or of the interpretation or application of the Terms and Conditions shall be submitted to the exclusive jurisdiction of the competent courts of London, United Kingdom.