A2 Asesoramiento Legal e Innovación (hereinafter, A2) with tax identification number (C.I.F) B
83037713, is filed at the Companies Register of Madrid, in tome 16840,
book 0, folio 114, section 8, sheet M-287831, entry 1, with address
at C/ General Perón nº 19, bajo, 28020 Madrid, Spain.
1. – DEFINITIONS:
Website: domain www.a2estudiolegal.com
User/client: natural or legal person using or browsing the aforementioned
website.
2.- PURPOSE AND SCOPE OF APPLICATION:
1. This section deals with the General Terms and Conditions that
regulate the access, browsing and use of the website www.a2estudiolegal.com
(hereinafter, the “Website”), and the liabilities arising from the
use of its content, where the “Content” is understood to be the pages that
make up all the domain of www.a2estudiolegal.com, which
constitute the information and services that A2 makes available to the
Internet Users.
2. Likewise, A2 establishes the Specific Terms and Conditions that regulate
the hiring of each service provided to the Users through
the Website. Therefore, Users must thoroughly read the
corresponding Specific Terms and Conditions before hiring
such services. Hiring such services implies that Users accept
both Terms and Conditions (the General and Specific ones) regulated in the
version published by A2 at the time that such services are
hired.
3. By simply using the “website”, it is assumed that “users” have
read and expressly accepted its content. If “users” do not accept
this agreement, they MUST NOT ACCESS THE “WEBSITE” OR ANY OF ITS
RELATED SITES.
3.- WEBSITE USE:
1. The Content included on the Website shall only be provided to
consumers or end users. Any unauthorised commercial use or resale of such Content
is forbidden, unless there is prior authorisation
from A2. 2. If Users must provide personal or legal information and data to use
and/or hire a service on the Website, Users/Clients are solely responsible
for making sure that such information is truthful and
conforms to Spanish law.
3. All the formalities carried out by A2 shall be in accordance with the
information delivered by the Users/Clients. For such purpose, A2 shall not be
liable in the event that such information contravenes third parties’ rights or
contains errors or omissions. The Users/Clients are fully liable
for the data stated in any “Service Request” available
on the “Website”, whether or not they have been recommended by A2.
4. If Users are allocated a password as a result of registering on the Website,
it must be used solely by the User. Consequently,
Users are responsible for the appropriate custody and
confidentiality of the password provided by A2, and undertake
not to assign its use to third parties or allow access to external parties.
Users shall be liable for the unlawful use of the
services by an unlawful third party that uses their password for such purpose
as a result of their negligent custody or loss.
5. If the password is lost or stolen,
Users must notify A2 as soon as possible so that it can
immediately cancel it and grant a new one. Until such notification is made,
A2 shall not be liable for any actions resulting from
the unlawful use of the password by third parties that have not
been authorised by the User.
6. Users are obligated and undertake to use the Website and the
Content in accordance with the legislation in force, the Legal Notice, and
any other notices or instructions made available to them, whether
through this legal notice or any other ones within the
Content constituting the Website, and with the generally accepted rules of
coexistence, morality and good practice.
For such purpose, Users are obligated and undertake not to use
any of the Content for unlawful purposes or effects, which are forbidden in the
Legal Notice or by the legislation in force, which harm the rights and interests
of third parties, or which may, in any way, harm, disable, overburden,
deteriorate or prevent the normal use of the Content, the computer equipment
or the documents, files and all types of content stored
in any of the in-house computer equipment systems or those hired by A2,
of other Users or of any other Internet users.
4.- INDUSTRIAL AND INTELLECTUAL PROPERTY:
All the Industrial Property rights and, speficially, the A2
ESTUDIO LEGAL brand, trade names or distinctive signs of any type
that appear on the Website are owned by A2 or, where applicable, by
third parties that have expressly authorised the use to A2 for such purpose;
the use of, or access to, the Website and/or the Content does not
grant the Users the right over any of the aforementioned distinctive signs,
and the Users are not authorised by such parties in any case.
Likewise, the Industrial Property of the Content is owned by A2 or,
where applicable, by third parties that have expressly authorised A2 for such purpose;
therefore, any operating rights and, specifically, the reproduction, distribution,
communication, publication and transformation rights are restricted solely to them.
Raquel Lorente Bergeshe is the author of the photographs shown on the website of A2 Estudio
Legal and, therefore, their use by third parties is expressly forbiden without the corresponding authorisation.
The unauthorised use of the information included on this Website, and any harm
of the Intellectual or Industrial property rights of A2 or of the third
parties included in the Website that have assigned the content shall lead to the
legally established liabilities.
The Users who access or browse A2′s Website shall not have any rights as a result
of this and this shall not imply that A2 has partially or fully waived,
transferred, licensed or assigned such rights.
5.- ELECTRONIC COMMUNICATIONS:
A2 shall notify Users by electronic means of the services, information
and/or events that may of their interest when they expressly request this.
The Users can revoke such consent at any time and through any means
suitable for such purposes.
6.- COOKIES & IPs: A2 can use and monitor the Users’ cookies and IPs with the
sole purpose of establishing the following types of statistics: date of the
first page view, number of page views, date of the last page view, the URL and
its domain, the search engine used and the screen resolution.
Despite this, if the Users want to disable and/or delete such cookies, they
must follow their Internet browser instructions.
7.- NOTIFICATIONS:
The Users state and guarantee that all the information sent to the Website
does not contravene any intellectual or industrial property rights or any other
third-party rights and that they can legitimately send the information freely.
If such statement is proven to be unlawful or inaccurate subsequently, the User
is solely liable for this and A2 is exonerated from this.
8.- LIABILITIES AND GUARANTEES:
Even if A2 adopts the necessary measures to guaranteee the correct use of the
Website and prevent viruses or other items that harm
the Users, it shall not be liable for the damages caused.
Likewise, it shall also not be liable for the damages arising from the
actions of any person who contravenes the regulations, terms and conditions,
and instructions that A2 establishes on its Website. Therefore, A2 does not
guarantee that there are no errors in the content, vulnerabilities on
its Website, or viruses or other harmful items on its Website or
on the server that provides it.
9.- LINKS:
A2 shall not assume any type of liabilities for any aspects related to the
external links found on the Website; the existence of such links
shall not imply any type of relationship between A2 and the party
responsible for the external website.
If any Users or companies wish to establish a link to the
Website, they must conform to the following clauses:
1) The link must take Users, in a single click, to the Website’s Home Page
and only this page, unless there is express authorisation from A2.
2) The inclusion of any type of element that identifies A2 in the
website that establishes the link must have A2′s prior written
express authorisation.
3) A2 forbids others to establish a link to its Website from
websites whose content contravenes the law, morality or public policy.
4) In any case, A2 shall not be liable for any aspects related to
the website that establishes the link to its Website.
10.- MEANS OF COMMUNICATION AND UPDATING OF CONTACT DETAILS:
In general, the means of communication between A2 and the “Users” shall be
via email. In this respect, the “Users” undertake to immediately inform
A2 of any changes or modifications in their contact details and, in
particular, in the email address established as the notification address
for the services hired through the Website.
If the “Users” do not update their information, A2 shall be exonerated from
any liabilities in the event that the notifications do not
reach the final addressee.
11.- CONTENT AVAILABILITY
The provision of the services of the Website and its Content shall
have an indefinite duration in principle.
Nevertheless, A2 is authorised to terminate or suspend the provision
of the services of the Website and/or any of the Content at any time.
When this is reasonably possible, A2 shall previously warn that the
Website will be terminated or suspended.
A2 reserves the right to partially or fully publish on, or withdraw from,
its Website any Content at its sole discretion.
A2 can withdraw or suspend, at any time and without the need for prior
warning, the Content or services to the Users who fail to comply with
the provisions of these General Terms and Conditions, and it can take
any type of actions that are applicable.
12.-AMENDMENTS:
A2 reserves the right to amend these terms and conditions,
provided that such changes are published on the Website or are notified
directly to the Users.
13.- PERSONAL DATA PROTECTION:
A2 complies with the personal data protection legislation in force and
respects the privacy of the users and the secrecy and security of the
personal data, adopting the necessary technical and organisational measures
to prevent the loss, misuse, alteration, unauthorised access and
theft of the Personal Data provided, taking into account the state of the
technology, the nature of the data and the risks to which they are exposed.
Therefore, the personal data shall only be obtained for treatment when
they are appropriate, pertinent and not excessive in relation to the specific
explicit and lawful scope and purposes for which they were obtained, and shall
be cancelled when they cease to be necessary or pertinent for such purpose,
or when the holder requests this while exercising its right to cancel this.
When personal data are collected through the website, the users shall be
the only parties liable for completing the forms with false, inaccurate,
incommplete or outdated data, and they shall be previously informed in a
clear and unequivocal way that the Personal Data provided shall be
included or treated in a personal data file, which is owned by A2 and for
which it is responsible, filed appropriately at the Spanish Data Protection
Agency with the name of “CLIENTS”.
Likewise, the Users shall be liable for, and undertake to notify A2 of,
any changes in the data which affect them and which they have previously
supplied with the aim of complying with the principle of accuracy of
the personal data stored in the files.
The forms which include the personal data clearly state which questions
are mandatory and optional, and the consequences of obtaining the data
or the refusal to supply them.
The purpose of the data file and/or treatment is to appropriately manage the
relationship between the data assignee and A2.
The data shall only be assigned to third parties if this is necessary for
correctly meeting and managing the obligations established in the
relationship between the data assignee and A2. No other data shall be assigned
without the express consent from the personal data assignee. A2 is authorised
to send information about A2′s activities, provided that the assignee does not
expressly oppose this. The Users and the personal data assignees can exercise
their right to access, rectify, cancel and challenge this by writing to:
A2 ASESORAMIENTO LEGAL E INNOVACIÓN S.L.L
info@a2estudiolegal.com
The document must contain reliable proof of the applicant’s identity.
If you have any doubts or wish to make a comment about A2′s use of users’ data,
please write to the following email address:
info@a2estudiolegal.com
14.- JURISDICTION:
The relationship between A2 and the Users is governed by the provisions of the
rules in force that regulate the competent jurisdiction and by the applicable
legislation. Nevertheless, when a specific jurisdiction is envisaged,
A2 and the Users state that they waive any other venues and submit
themselves to the jurisdiction of the legal bodies of Madrid.
Specific terms and conditions of service
When hiring the services, the General Terms and Conditions shall be
applicable when the provisions are not affected by the SPECIFIC TERMS
AND CONDITIONS OF SERVICE contained herein in each case.
A2 ESTUDIO LEGAL’S Website, its content and its services are
available to any natural or legal person that is legally able to sign
contracts (binding agreements). As proof of such consent, they may be
requested to provide certain identification details or contract information
before accessing all (or some) of the services and/or products.
These Terms and Conditions of Service are established between A2 and the
Users/clients. No other person can benefit from this.
If any court or regulator decides that some of these Terms and Conditions
of Service are not valid or cannot be executed in any way, such provision
shall be removed and deleted from these Specific Terms and Conditions of
Service while the other terms shall continue to have full force and effect.
1. Available services
1.1 VIABILITY STUDIES
Hiring viability studies for names and/or logos.-
This consists of issuing a report that includes the prior requests or
registrations with identical or similar names or with identical or similar
logos stated in the databases of the national industrial property offices
of the country or countries of the arranged service which, according to the
professional opinion of A2′s team, are understood to enter into conflict
for the same type of international nomenclature to be protected.
The reports shall estimate how successful the registration will be
based on the results obtained.
Our recommendations are based on brand searches and our experience.
This does not mean that the Trademark Office or the third parties will
not submit their objections. The Viability Studies are drafted by lawyers
with expertise in brand registration and their recommendations are based on
researching identical or similar brands that have been officially published
and on their own experience.
Based on the subjective nature of the brand searches and any
inaccuracies in the databases of the Official Trademark Offices, A2
does not guarantee that the Viability Study will be free of errors and/or
that it will be fully complete.
Likewise, the Viability Study does not guarantee that the Trademark Office
of the country where the service is hired will grant the brand registration.
In accordance with this, the Users/Clients accept the aforementioned terms,
conditions and limits and exonerates A2 from any liabilities.
The Contract shall enter into force when the Users/Clients request the Viability
Study through the Website and A2 receives the corresponding payment for the
service and the corresponding invoice is issued.
The Contract shall cease its effects when A2 sends the Users/Clients its
Viability Study.
The Users/Clients are fully liable for the data provided in any Service
Requests available on the “Website”.
1.2 REGISTRATION APPLICATION:
Hiring the registration application services.- This consists of submitting the
brand application at the Industrial Property Office by the lawywer in charge in
the country of interest for the protection, and monitoring the formalities
of the application until a resolution is drafted which either grants or
rejects the aforementioned brand.
The registration application contract does not include the costs arising
from the formalities for converting the necessary documents into a public
instrument or legalising them in order to comply with the brand application
formalities in the corresponding country.
A2 undertakes to maintain the Users/Clients informed of the progress of the
brand registration process. Additionally, the Users/Clients shall have access
to the status of the brand registration process through A2′s Website Client Area.
A2 shall inform the Users/Clients when their Registration Application has been
accepted, challenged or opposed by a third party.
This service contract shall not include the costs arising from any
incidents that take place during the processing of the brands, whether they
are provisionally rejected in form or substance or for similarities or
opposition.
If the “Registration Application” is challenged or opposed, A2, at the same
time that it notifies this situation to the Users/Clients, must make a
recommendation about the steps and costs associated with them.
If the brand is accepted, the Users/Clients shall be informed of the final
cost for sending the title or paying the registration rights if they exist
in any of the countries where this was hired.
If the Users/Clients do not meet the final formalities of sending the title,
this shall remain pending and it shall not be delivered.
If the Users/Clients do not hire the service for paying the grant rights
if this is required in the country of protection, the brand shall be
considered to have been abandoned.
This service contract does not include monitoring the brand during its ten years;
such a service must be hired separately if the Users/Clients are interested
in this.
2.2 BRAND RENEWAL APPLICATION:
Hiring the brand renewal services.- This consists of submitting the
brand renewal application at the Industrial Property Office by the lawyer
in charge in the country of interest for the protection, and monitoring the
formalities for the application until a resolution of the proposed
renwal is drafted.
A2 undertakes to maintain the Users/Clients informed of the progress of the
brand renewal process. Additionally, the Users/Clients shall have access
to the status of the brand renewal process through A2′s Website Client Area.
This service contract shall not include the costs arising from any
incidents that take place during the processing of the brand renewal.
Also, this service contract does not include the costs arising
from the formalities for converting the necessary documents into a public
instrument or legalising them in order to comply with the brand renewal
formalities.
In the case of a brand renewal, the service is hired and, therefore,
the full amount is paid to A2, and the required documentation is delivered,
by the Clients/Users at least 8 business days before the deadline for
the renewal in the country where it will be processed.
This service contract does not include monitoring the brand during its ten years;
such a service must be hired separately if the Users/Clients are interested
in this.
2.3 BRAND MONITORING:
Hiring the monitoring services in a country.- This consists of A2
providing information to the Clients/Users regarding the applications
submitted at the industrial property offices of the country where this service
was arranged and which have a similar or identical name in the same class where the
prior one has been registered, so that the Clients/Users can decide whether or
not they want to hire the service to challenge this.
Based on its professional experience, A2′s staff shall take into account
the degree of similarity between the brands and inform the Clients/Users
of their resemblance.
This monitoring service contract does not include the cost arising from the
service to challenge this if the Client is interested; where applicable, this shall be
budgeted in a personal way.
The brand monitoring service is provided on an annual basis; therefore, if the
client is interested in renewing this, it must notify A2 so that the latter provides
information about the renewal process or arranges a new service contract
through the Website.
3. CLIENT AREA: We make the “CLIENT AREA” service available to the clients
that desire this. This service, which will include a username and password, will
enable our clients/users to check the status of the files managed by A2
24 hours a day and 365 days of the year.
This service shall be provided through the servers which are integrated in several
security systems such as a firewall or specific data encryptions,
together with the HTTPS security system.
4. PAYMENT SERVICES
4.1 Prices
All the services have a fixed price or a price range established
in accordance with the characteristics of the required service. Such prices
shall not vary unless there is a change in the official price rates
associated with it.
The prices for the services which are subject to adjustments for possible changes in the
market (non-euro currencies) or which are temporarily replaced by special or
promotional prices can be varied; the clients/users shall always be informed
either through the website itself or, where applicable, through
the email of the A2 staff.
The price values are established in euros or US dollars (USD).
4.2 Payment methods
The services that can be hired through the website can be paid through
PayPal, with a credit card, by bank transfer (normal or electronic), and
other specific methods of each country (including direct deposit into A2′s
bank account).
Regarding the bank transfers, all the necessary information shall be
available in the services’ payment order. Moreover, please remember that any
charges resulting from the transfer shall always be paid by the user/client.
4.3 Payment date and service arrangement date
The payment date is established upon confirmation by the intermediary and the
successful receipt of the amount paid into A2′s bank or Paypal account.
Regarding the credit card or PayPal payments, the amount shall be immediately
taken from the client’s/user’s account. Therefore, the payment date and the
date of the payment consideration are the same, unless it is detected that
the payment must be made manually. In this case, the payment consideration may
be delayed by several days.
4.4 Payment security
We use third parties to provide the credit card payment option on our website.
Specifically, this service shall be provided through La Caixa’s payment gateway.
When you pay with a credit card, we shall send information about your credit card,
where necessary, to La Caixa so that it can carry out this service.
Such third parties are forbidden to use your identifiable personal information
for any other purpose.
Such third parties have top security measures to protect the loss,
misuse or alteration of the information. The websites have secure servers, and
all the personal information is completely encrypted during the transaction.
A2 uses the sector’s generally accepted standards to protect the personal information
that is provided to us, both during the transmission and once it is received.
Nevertheless, we would like warn A2 users/clients that no Internet transmission
method or electronic storing method is completely secure. Therefore, we cannot
guarantee their complete security. If you have any questions about our Website
security, please email us at info@a2estudiolegal.com.
5. CONTRACT AND WITHDRAWAL OF CONTRACT
5.1 Contract
A service contract shall be binding between the client/user and A2 when the
service is ordered and the payment has been completed satisfactorily and the
amount has been paid into A2′s bank or PayPal accounts.
A payment is considered to be “completed satisfactorily” when the amount
has been fully paid and an invoice has been issued and sent by A2′s Administration
Department.
5.2 Contract duration. The service contract paid for shall have the duration
corresponding to its nature and which is expressly stated in section (1.
Available services) in each case.
5.3 Withdrawal of contract
Because of the nature of the hired services provided through A2′s website,
the contract cannot be withdrawn; therefore, it is impossible to request the
corresponding reimbursement of the amount paid, all of this by virtue of
article 103 of the General Law for the Protection of Consumers and Users.
Article 103 – Exceptions to the right of withdrawal
The right of withdrawal shall not be applicable to the contracts which refer to:
• a) The provision of services, once the service has been completely executed,
when the execution has already started, with the express prior consent from
the consumer or user, and with its acknowledgement that it is aware that, once
the contract has been completely executed by the entrepreneur, it has lost the
right of withdrawal.
6. Breach of our terms and conditions
If users/clients fail to comply with the terms and conditions established and/or
participate in activities that contravene or breach the Terms and Conditions
of Service, they shall be liable for the consequent legal actions and processes.
The decision to initiate disciplinary action (including interrupting all the
services) is up to the discretion of A2.
7. Service interruption/termination
A2 reserves the right to immediately terminate or indefinitely suspend our services
if a breach is committed or if we find reasonable arguments to think that our Terms
and Conditions are being breached. Moreover, we reserve the right to terminate
our services at our sole discretion if the clients/users adopt a position which
we consider to be unacceptable.
