1. NATURE AND DEFINITIONS:

These general terms and conditions shall apply to every professional service rendered by IBIDEM ABOGADOS ESTRATEGAS SLP under Spanish law and shall be supplementary to any specific agreement signed with the Client. In this document: (i) “IBIDEM” means IBIDEM ABOGADOS ESTRATEGAS SLP, a Spanish professional limited liability company, with registered office at Elche Parque Empresarial, C/ Juan de la Cierva, 43 – 2 – 1.1, P.O. Box 5010, 03203 Elche (Alicante) Spain, and tax identification code B-54357488; (ii) “external professionals” (or “collaborators”) means the set of companies or professionals external to IBIDEM that collaborate with IBIDEM to successfully carry out the professional work it is commissioned to do; they principally but not exclusively comprise lawyers and Spanish and international industrial property agents, European patent agents, patent engineers, and translators; (iii) “Client” is the signatory of the Service Order or Power of Attorney, for whom or on account of whom the services are provided; (iv) “the Parties” are IBIDEM and the Client jointly; (v) “Services” are the professional services provided by IBIDEM; (vi) “Professional Assignment” means the specific services contracted by the Client and described in the Service Order or Power of Attorney or in any other type of document, such as an e-mail, a letter or another of an analogous nature, provided they make it possible to sufficiently identify the services to be provided and the fees and costs arising therefrom; (vii) “IPR” means industrial property rights, whether distinctive signs, inventions or designs, also including copyright, company names and domain names; (viii) “the Competent Authorities” means the public bodies (industrial property Registers or Offices) within any territorial scope that are competent to grant IPR.

  1. SCOPE:

2.1 The Parties to the legal relationship involving the provision of Services are IBIDEM and the Client. The Services shall be considered to be solely and exclusively for the Client and may not be assigned thereby to third parties or used by persons other than the Client without prior, express, written authorisation by IBIDEM.

2.2 IBIDEM accepts full responsibility for the Services rendered in its name by IBIDEM’s professionals or employees. With regard to external professionals or collaborators, IBIDEM only accepts responsibility for their actions if IBIDEM has committed wilful misconduct or negligence.

  1. SERVICES:

3.1 IBIDEM shall provide the Client with the Services specified in the Service Order or Power of Attorney drawn up for each specific assignment or matter. Any modification to it must be agreed by the parties in writing.

3.2 With regard to Services that are provided subsequently or derivatively in relation to or as a consequence of the Services specified in a Service Order or Power of Attorney, but which are not expressly envisaged therein, the same conditions shall apply to them unless otherwise expressly stated by the client.

3.3 The decision regarding acceptance, performance, putting into practice, following up or implementing the consultation, advice, professional opinion or recommendation provided by IBIDEM, within the framework of the Services, depends exclusively on the Client, which takes the decision at its own responsibility alone.

3.4 The commissioned professional work shall be carried out as service rendering regulated by articles 1,544 et seq. of the Spanish Civil Code, and depending on the kind of service provided, the ethical rules for legal counsel or of the COAPI, if an Industrial Property Agent is involved, shall apply.

3.5 IBIDEM and its professionals undertake to diligently carry out activity involved in the professional assignment but do not undertake to achieve it, as that depends on a large number of factors outside their control.

  1. INVOLVEMENT OF OTHER PROFESSIONALS EXTERNAL TO IBIDEM:

4.1 Unless otherwise agreed, the Services are exclusively limited to provision of them within Spanish jurisdiction, regardless of whether they have effect abroad.

4.2 When external professionals are involved, in particular professionals who render services outside of Spain and under the jurisdiction of another country, unless otherwise agreed in writing with the client: (i) IBIDEM’s involvement in the matter in question shall be limited to providing general advice to the client and contact and coordination between the client and the external professionals, but the external professional will be the sole person responsible for rendering the Service; (ii) the service rendering relationship shall be deemed to be established directly between the Client and each of the external professionals even if IBIDEM reports on, invoices and coordinates the work and the relationships; (iii) IBIDEM’s fees shall be independent of the external professionals’ fees, even if an itemised breakdown is not provided on the invoice or the external professional directly invoices IBIDEM; (iv) IBIDEM shall accept no liability for the advice provided to the Client by external professionals; if the law does not permit such an exemption of liability, the parties agree that it shall be limited, at the maximum, to the sums that IBIDEM actually receives from the Client.

  1. WORK TEAM:

5.1 IBIDEM may, when it so deems appropriate, or as necessary to provide for the needs of the Client or the case, replace any of the members of its work team or modify the number of professionals or employees assigned to the Client or the case in the Service Order.

5.2 Similarly, IBIDEM may, when it so deems appropriate or it is necessary for the needs of the Client or the case, replace any of the external professionals for and on behalf of the client, in particular professionals that render their services outside of Spain and under the jurisdiction of another country.

  1. INDUSTRIAL PROPERTY SERVICES:

6.1 In cases of management of IPR with the Competent Authorities, the Client grants power of attorney, as broad and sufficient as may be required by law, to “IBIDEM”, so that it may act through its employees and professionals with the authority to subdelegate its authority or delegate the professional assignment, in whole or in part, and act jointly, separately or alternatively. If it is not expressly stated in the power of attorney that it is granted for specific cases, it is presumed that the power of attorney is general for the performance of all kinds of professional assignments concerning industrial and intellectual property rights with any competent bodies or authorities for industrial property rights matters. In relation to this and unless otherwise stated, the Client grants IBIDEM the broadest authority so that, acting in its name, it may apply for and process all kinds of IPR through administrative instances until they are finally granted or denied, with any competent authority in Spain or abroad; modify, waive or withdraw applications or registered IPR; protest objections, official actions, provisional or definitive refusals, oppositions and appeals, waive, withdraw or reach settlements regarding them; pay maintenance fees and present statements of use; record assignments, licences, and changes of name or address; and, in short, perform any other actions for the defence of its interests.

6.2 Although IBIDEM devotes the greatest of effort and care to ensuring that the information provided is correct and reliable, since it is produced from data supplied by sources over which IBIDEM does not always have control and whose verification is not always possible, IBIDEM cannot provide guarantees about the accuracy, reliability, updating or suitability of the information provided to the client’s needs or be held responsible for any errors, lack of correspondence or omissions therein. These are some of the reasons that explain the technical limitations inherent to all kinds of reports or searches for trademarks, patents or designs and the corresponding expert opinions or reports based on them: a) Computer ‘search’ programs that search through millions of data are used to produce reports. It is necessary to consider the probability of error in such programs and the difficulty of keeping the vast official databases they use up to date, especially when data are used from various countries that have different traditions, levels of technological and registry development, legislation and languages. In addition, any new application for registration takes some time to be added to the Competent Authorities’ databases. Therefore, it may not appear in the report produced. Another aspect is applications for registration by third parties that are filed after the report is produced but which are entitled to a prior filing date based on the Paris Convention. b) Reports only show rights applied for or registered but not rights based on use. In order to avoid conflict with such rights, the Client is recommended to conduct research in commercial directories, phone books or the internet. c) There are categories of marks, such as famous and well-known marks that may be protected even though they are not registered. d) Reports’ validity is limited to the day, date and time they are issued. If there is a delay in taking decisions, it may be recommendable to repeat the research as it may be the case that in the interim an application has been made that makes the registration unfeasible. e) The legal assessment of whether marks may be registered or inventions may be patented is an eminently subjective task.

6.3. In view of that stated in the previous section, it is impossible to guarantee that professional opinions based on the reports produced or searches performed (such as research into whether something may be registered or patented, freedom to operate or non infringement opinions etc.) are entirely error-free or not susceptible to different interpretations, nor that they are fit for the intended purposes. The Client accepts that they are merely for guidance and must be considered one aspect, but not the only one, to be taken into account in business decisions. In the absence of express instructions, IBIDEM is under no obligation to issue reports or opinions prior to the Client taking decisions on its own initiative.

6.4 IBIDEM will only be liable for damages caused when it does not provide its services with due diligence. However, it accepts no liability for failure to obtain the IPR applied for or for opposition or claims by the holders of other conflicting IPR. The Client expressly agrees that if this exemption of liability is not permitted by law, IBIDEM’s liability for any services contracted shall be limited, as a maximum, to the amounts it has actually been paid.

6.5 The Client represents that it has legal standing to apply for the registrations or professional assignments IBIDEM is commissioned to perform and that, to the very best of its knowledge, no other person has a better right, and it expressly states that it shall hold IBIDEM harmless in this regard.

6.6 The Client must previously review the IPR specifications and descriptions prepared to carry out its assignment and otherwise shall be presumed to be in agreement with them.

6.7 The applications for registrations of IPR may suffer Official Actions by the authorities orbe opposed by third parties. This may lead to them being denied and give rise to unforeseen expenses, which must be paid by the Client. In the absence of express instructions, IBIDEM is under no obligation to defend the case on its own initiative.

6.8 Unless otherwise agreed, the professional assignment does not include monitoring for the purposes of maintenance or renewals nor watching services to the IPR and ends with the final administrative decision for the procedure in question, even if IBIDEM or a professional employed by IBIDEM is stated in the official databases as a representative. In the latter case, the relationship between the parties shall be governed by specific agreements. In the absence thereof, it shall be deemed that IBIDEM shall act as a mere courtesy and without any obligation as the “representative for notice purposes” for the sole purpose of passing notice issued by the competent authority on to the Client and it may charge fees for doing so. In any case, IBIDEM may unilaterally cease to provide this courtesy service after giving the client notice. This courtesy service shall cease to be provided without prior notice in the event of any non-payment by the Client and when its whereabouts are unknown, if the Client has changed its representative or has tacitly or expressly withdrawn IBIDEM’s status as representative.

6.9 IBIDEM shall also have no obligation to inform or provide any services when the Client has started to work with another representative or has expressly or tacitly waived IBIDEM’s representation even when the revocation of our representation or the registration of a new representative is not registered with the competent authority, when it only affects some specific cases, or IBIDEM has not been formally notified. In these circumstances, the Client undertakes to register the revocation of its mandate or the granting of power of attorney to the new representative within a maximum of seven working days and, otherwise, it accepts the damages that may be caused to IBIDEM, which in that case also reserves the right to register its withdrawal from representing the Client on its own initiative and charge it for the expenses resulting from doing so.

6.10 The Client accepts that from the very moment when it starts to work with another representative or has tacitly or expressly withdrawn IBIDEM’s status as representative, any incompatibility or conflict of interests that may limit IBIDEM’s ability to represent other clients shall cease, except in the legally stipulated cases.

6.11 From the time a Spanish registration application is made, the applicant has a priority right to international protection of the IPR, which the Client may exercise within the non-extendable term of 6 months (marks and designs) or 12 months (inventions). Certain legislations provide a “grace period” for designs and inventions during which it is possible to exploit or disclose them without registering them and after which they come into the public domain. The applicant is entirely responsible for observing these deadlines.

6.12 Commercial exploitation or use of the IPR prior to final granting is a risky decision, the responsibility of which is exclusively borne by the Client. In turn, once the registration has been granted, the right holder has an obligation to use or exploit the IPR effectively and seriously in the market and to pay fees by certain deadlines in accordance with the applicable legislation.

6.13 IBIDEM shall monitor and inform the Client of the deadlines and legislation applicable to any procedure. However, safekeeping and maintenance of the industrial property portfolio is ultimately the responsibility of the Client. In particular, reminders of the right to priority under the Paris Convention or renewals of IPR are a mere courtesy and in no way obligatory so IBIDEM may suspend or cancel performance of them at its own discretion alone. So that they may be effectively managed and due to the possibility of such reminders not being received, the Client expressly undertakes to keep its own calendar of expiry dates and to check and carefully verify the data provided and to demand and always check the receipt providing proof of payment or the assignment to avoid any possible errors. The client may contract, through IBIDEM, a specialised service for management of IPR maintenance payments.

6.14 Monitoring of third-party applications for opposition purposes (watching or surveillance services) is not part of the contents of this professional assignment. Any warnings that IBIDEM may provide free of charge are a mere courtesy and not obligatory so they may be unilaterally ceased at any time at IBIDEM’s sole discretion. If a specialised monitoring service is contracted, IBIDEM’s liability shall be limited to the amount invoiced and charged for it. Alerts provided by IBIDEM do not contain a legal assessment and do not prejudge the existence of a conflict or the chances of an opposition procedure being successful. The client may contract a specialised monitoring service for opposition purposes brokered by IBIDEM.

6.15 The Client must diligently inform IBIDEM of any modification to the ownership of the case, whether it concerns a mark, design or invention, as well as new applications, derivations, extensions or additions to the IPR, so that IBIDEM may assess and advise it on whether it would be appropriate to protect or register such changes, and otherwise accepts responsibility for any harm that may arise therefrom.

6.16 With regard to marks, unless otherwise stated, it shall be presumed that the Client wishes to apply for all of the products or services included in the alphabetical list of the Nice Classification for each of the classes in question by using the headings of the classes in the Nice Agreement. However, IBIDEM may modify the list of products and services claimed in order to adapt to changes in the International Classification or the interpretations of it by the competent bodies for IPR or the courts’ doctrine. The Client must previously review the claim for products or services proposed by IBIDEM to carry out its assignment and otherwise shall be presumed to be in agreement with it.

6.17 The client must give its instructions to IBIDEM with due diligence and sufficiently in advance, especially in urgent cases or when the circumstances so require, accepting the consequences and any errors that may otherwise arise, as well as any unbudgeted additional costs. Sufficient notice is considered to be seven days prior to expiry of the term for procedures in Spain and fifteen days for international procedures.

  1. FEES AND EXPENSES:

7.1 The fees for provision of the Services to the Client shall be those stipulated in the Service Order or equivalent document. Unless otherwise stated, the amounts of fees estimated or budgeted are net of VAT and any other indirect taxes that may be applicable, which shall be included on the invoice as separate items, and they do not include reasonable expenses or charges that IBIDEM may incur in the provision of the Services that must be reimbursed by the Client.

7.2 Any services other than the Services and supplementary services (such as court liaisons, notaries public, registries, legalisations, apostilles, handling of announcements in the press or official gazettes, among others) shall be contracted and paid for directly by the Client. Nevertheless, the services may be contracted and paid for by IBIDEM on the Client’s behalf when it so requests and provided that, at IBIDEM’s request, the Client has previously advanced sufficient funds.

7.3 Under no circumstances is IBIDEM under any obligation to make available, advance or provide the Client with funds or, on the latter’s behalf, make payments for expenses, services, fees, public prices or charges of any nature that have not been previously agreed in writing and, under the aforementioned conditions, the Client expressly accepts that failure to pay them may result in the withdrawal, suspension or rejection of the professional assignment and loss of rights.

7.4 IBIDEM shall use the funds advanced or deposits provided by the Client to pay amounts on behalf of the Client. The Client expressly authorises IBIDEM, after giving prior notice, to use the funds advanced or deposits provided thereby to pay any amount owed to IBIDEM as fees or expenses insofar as said amount is of a fixed amount, due and enforceable.

7.5 Fees and expenses must be paid even if the transaction or matter to which the Services refer is unsuccessful or a decision is issued that rejects or goes against the Client’s claims.

7.6 The Client’s obligation to pay the fees and expenses to IBIDEM is independent of any right that the Client may hold in relation to third parties based on the Services rendered. Therefore, among other possible cases, in litigious or judicial matters, the awarding of costs against the other party does not exempt or release the Client from paying IBIDEM the relevant fees and expenses. If a court decision sets legal fees in excess of those actually collected by IBIDEM, that excess shall be payable to IBIDEM, which may withhold them.

7.7 In judicial matters, if legal costs are awarded against the other party, IBIDEM shall return to the Client the amount it actually paid for this reason and the remaining amount shall be kept by the firm. The Client assigns the firm the credit right that may arise for this reason and authorises it to withhold and charge the aforementioned amounts.

  1. INVOICING AND PAYMENT:

8.1 Unless otherwise agreed, IBIDEM’s invoices shall be payable upon presentation by advancing funds prior to performance of the order, in the currency and with the other conditions stated in the invoices. IBIDEM reserves the right to claim default interest in the event of late payment of invoices after their due date.

8.2 Any objection by the Client concerning an invoice must be addressed to IBIDEM within a maximum of seven working days from receiving it. In that case, the part of the invoice not objected to must be immediately paid.

8.3 In the case of advance payments or payments on account by the Client in accordance with the Service Order, if there is a surplus owed to the Client when the Services have come to an end, IBIDEM shall immediately return it in accordance with the instructions given by the Client for that purpose or may discretionally use it to pay outstanding amounts pursuant to point 7.4 above.

8.4 In the event of failure to pay an invoice, IBIDEM may, with prior notice in writing and in accordance with the professional or ethical regulations governing its business, suspend any rendering of Services to the Client, without the latter being able to make any claim or complaint due to suspension or the damages it may suffer as a result. While the situation of non-payment continues and also subject to that set forth in the professional or ethical regulations governing its business, IBIDEM may exercise a right to withhold any original documentation belonging to the Client that is in its possession at that time.

8.5 If the Client requests the rendering of Services to companies under its control or any other third parties, or in cases in which the legal costs are borne by third parties, IBIDEM shall directly invoice the company although the Client will be liable for payment of any amount not paid when it falls due.

  1. INFORMATION, DOCUMENTATION AND NON-DISCLOSURE:

9.1 IBIDEM shall ask the Client for all information and documentation that, in its opinion, may be necessary for the appropriate and effective rendering of the Services. The information and documentation shall be sent by the Client to IBIDEM through the means it considers most ideal. The Client represents and warrants that it is duly entitled and authorised to send the documentation and information that it provides to IBIDEM and shall hold IBIDEM harmless in the event of any third-party claim due to access to the information or documentation sent by the Client or at its request.

9.2 Under no circumstances will IBIDEM be liable for the consequences that may arise for the Client due to the fact of having sent such untruthful, inaccurate or incomplete information or documentation.

9.3 IBIDEM undertakes to safeguard the confidentiality of all information and documentation received from the Client that is not in the public domain and may only disclose it with the Client’s authorisation or by order of any administrative authority, judicial authority or any other authority legally authorised to do so.

9.4 IBIDEM’s non-disclosure duty regarding the information and documentation received from the Client will not apply to the Client’s spokespeople or contact persons or the Client’s other professional advisers that may be involved in the same case, unless the Client previously gives instructions to the contrary or sets restrictions.

9.5 Once rendering of the Services has come to an end, IBIDEM shall return to the Client any original documentation in its possession concerning it or the particular case that the Services referred to, after the Client has stated the terms in which the return thereof is to be verified and notwithstanding the right of withholding established in clause 8.4 above.

9.6 The Client authorises IBIDEM to keep a copy of any information and documentation provided thereby on the occasion of performance of the Services during the period of time it deems appropriate, subject to the duty of non-disclosure. However, IBIDEM accepts no obligation whatsoever to keep said copies for a particular period of time and may destroy its files at its sole discretion. If the Client requires IBIDEM to keep its files, it must expressly request it and bear the costs arising from storage and safekeeping thereof.

9.7 The samples, tests, prototypes, products or other physical items provided by the Client for the performance of the assignment must be collected by the Client itself within fifteen days of performance of the order or termination of the case; otherwise, it accepts the destruction or return at its own cost.

9.8 Notwithstanding the protection of confidential data and unless otherwise expressly ordered, the Client authorises IBIDEM to mention its identity in its advertising and disclose its success cases for advertising, scientific or teaching purposes. In any case, the advertising must be dignified, fair and truthful, fully respect Clients’ rights, be in accordance with the relevant professional association’s ethical rules, and not directly or indirectly disclose facts, data or situations covered by professional secrecy.

9.10. IBIDEM shall be entitled to make a reasonable and proportionate charge for looking into and preparing cases that do not end up materialising, whether due to the Client dropping them or repeatedly failing to give instructions, or due to IBIDEM’s recommendation. The said reasonable charge shall consist of 15% of the fees for the action in question.

  1. NOTIFICATION:

10.1 The Client shall be informed of IBIDEM’s Products and Services and the performance of its orders or professional assignments through notifications sent to it by telephone, post or electronically. Generally speaking, the CLIENT establishes the preferred means of notification as the website www.ibidem.com and unencrypted e-mail as a smooth means for the flow and exchange of documentation, information and, in general, a channel for communication with IBIDEM for the rendering of the Services.

10.2 Unless otherwise expressly agreed in writing, and in the cases permitted by law, the Client expressly designates IBIDEM’s address as an address for notification purposes and selects e-mail communication as the preferred means.

10.3 The Client exempts IBIDEM from any liability for interception of access to the e-mails by unauthorised persons and any damages that may be caused to the Client by computer viruses, network failures or analogous situations, unless they are attributable to IBIDEM.

10.4 By mutual agreement, and for documents or information of particular relevance or sensitivity, which must be previously defined as such, the Parties may establish additional security measures and procedures for sending and exchanging information and documentation.

10.5 The Client shall report any modification to its address, e-mail address or other contact details and accepts liability for any damages that may otherwise arise.

  1. CONFLICTS OF INTEREST:

11.1 IBIDEM follows analysis procedures to try to avoid conflicts of interest. However, due to the large volume of clients and cases that IBIDEM has been involved in, if the Client becomes aware of any circumstances that may be grounds for a conflict of interest, it must immediately notify IBIDEM. Similarly, IBIDEM shall immediately inform the Client when it becomes aware of conflicts of interest that may arise due to any circumstance, whether ex post facto or not.

11.2 IBIDEM may act on behalf of any third party (even when the third party’s interests are contrary to the Client’s interests, both in and out of court) provided they are matters or questions different and unrelated to the matters that the Client has assigned to IBIDEM (even when that may imply acting against the Client itself or any other investee company thereof) without such situations creating a conflict of interest that prevents IBIDEM from accepting and performing such assignments for third parties, except those in which that is not possible in accordance with the professional or ethical rules governing IBIDEM’s business. In particular, the mere fact of IBIDEM or any of its employees or professionals being made a representative of one of the parties in the Competent Authorities’ industrial property registries shall not be considered a conflict of interest. In any case, IBIDEM may unilaterally withdraw from being a representative pursuant to that set forth in clauses 6.8 et seq., and from the time the application is made any conflict of interest there may be will cease, provided it is not against the law.

  1. TERMINATION:

12.1 The Client may terminate the rendering of the Services at any time without needing to give any reason for it.

12.2 Subject to compliance with the professional or ethical rules governing its business, IBIDEM may terminate the provision of the Services in progress (or reject the handling of one or more specific cases) at any time, giving reasonable prior notice, due to loss of confidence, ethical reasons or reasons of any other nature.

12.3 In any case, the Client must pay the fees and expenses accrued to IBIDEM up until the date of termination of the Services.

12.4 Once rendering of the Service has terminated, whether expressly or tacitly, IBIDEM will be under no obligation to provide any additional service, nor to provide the Client with information updates, opinions, recommendations, advice or consulting arising from regulatory changes or any other events subsequent to the date of the aforementioned termination.

  1. LIABILITY:

13.1 IBIDEM shall be liable to the Client for the damages that may be caused thereto for reasons attributable to IBIDEM or its professionals or employees as a consequence of wilful misconduct or negligence thereby. Under no circumstances will IBIDEM be liable for damages arising from or caused, in whole or in part, by falsehood, concealment or any other conduct by the Client that may constitute wilful misconduct or negligence, or that is not performed in accordance with the principles of good faith, or for breaches that take place for reasons that are outside of its reasonable control.

13.2 IBIDEM’s liability shall be limited to direct damages actually caused to the Client (and therefore excludes loss of profit, loss of business or reputational damage).

13.3 IBIDEM’s liability in relation to the Client concerning the Services is conditional upon the Client making a written claim determining in sufficient detail the nature of the claim and the amount claimed within a term of no more than three (3) years from termination of the rendering of the Services, except in the case of wilful misconduct when the legal statute of limitations shall apply.

13.4 IBIDEM will only be liable in relation to the Client. IBIDEM will not be liable for damages that may be caused to third parties as a consequence of the use that the Client may make of the Services outside of the purpose thereof, unless said use has been expressly authorised by IBIDEM, in which case IBIDEM’s liability shall be in accordance with the conditions agreed for that purpose.

13.5 In the event of a Client making a claim against IBIDEM for any reason, if external professionals or other persons or companies external to IBIDEM are involved in the matter the Services concern and they may be liable, in particular external professionals who render their services outside of Spain and under the jurisdiction of another country, IBIDEM’s proportional liability in relation to the Client may not be increased due to: (i) agreeing with another liable person to limit or exclude the liability; or (ii) the impossibility of obtaining indemnity from the other liable person.

  1. DATA PROTECTION:

The Client authorises the inclusion of its data in a filing system that IBIDEM ABOGADOS ESTRATEGAS SLP is the controller of for the purpose of carrying out the assignment, for which it must provide the legally-required information to the relevant bodies (authorities that are competent to deal with IPR matters, courts and other registries and public authorities) as well as information about new products or services. Pursuant to the Sapnish Act on Personal Data Protection 15/1999, you have a right to access, rectify or delete the data provided by contacting IBIDEM in writing or by fax or e-mail. Its contact details are as follows: IBIDEM ABOGADOS ESTRATEGAS SLP, Elche Parque Empresarial, Juan de la Cierva, 43 – 2 – 1.1, Aptdo. Correos 5010, 03203 Elche (Alicante), Tel. (+34) 966 675 573, Fax (+34) 966 660 003, webpage www.ibidem.com, e-mail address: info@ibidem.com.

  1. COPYRIGHT:

15.1 IBIDEM is the exclusive holder of the rights to exploit the various scientific analysis methodologies in the field of industrial property rights, legal protection of trademarks, analysis of trademark names (naming) and industrial property portfolio assessment systems, which combine legal and marketing knowledge. By contracting and/or accepting the Services, the client recognises IBIDEM’s intellectual property over said know-how, identified in works, studies, opinions, reports, memoranda, books, brochures, printed matter, documents, talks and other works of the same nature, and undertakes to respect and ensure its safekeeping through all measures available to it with the utmost diligence possible.

15.2 The intellectual property rights over the documentation generated and over the expression, in any form and format, of the original ideas conceived in the context of rendering of the Services are held by IBIDEM.

15.3 The Client may use, for its own use alone, all of the documentation generated by IBIDEM in the context of rendering of the Services, but may not distribute it or provide access to it by persons other than the Client, unless it is expressly authorised by IBIDEM in writing.

  1. ENTIRE AGREEMENT:

16.1 These General Terms and Conditions replace and cancel any prior agreement between the Client and IBIDEM. Unless otherwise agreed by the Client and IBIDEM, these conditions constitute the entirety of that agreed by both parties concerning the professional services assignment and shall be supplemented by one or more Service Orders which, among other points, shall include the specific services rendered, the team responsible for doing so and the relevant fees.

16.2 Unless otherwise agreed, these General Terms and Conditions shall apply to any assignment that the Client commissions IBIDEM with in the future.

16.3 IBIDEM will be under no obligation to begin rendering the Services until it has received a copy of the Service Order or Power of Attorney for its files, or any other document such as an e-mail, a letter or one of an analogous nature that sufficiently identifies the services to be rendered and the fees and costs accrued thereby, which refers to these General Terms and Conditions, is signed by the Client or is approved thereby or has its express or tacit approval.

16.4 Similarly, IBIDEM will be under no obligation to begin rendering the Services until payment of the fees linked to acceptance of the Service Order or Power of Attorney has been made in the terms agreed therein or in any other document such as an e-mail, a letter or one of an analogous nature that sufficiently identifies the services to be rendered and the fees and costs accrued thereby. Referral to IBIDEM’s instructions by the Client shall be construed as tacit acceptance of these General Terms and Conditions.

16.4 In the event that any of these terms and conditions is deemed null and void, that shall not affect the rest of the terms and conditions, which will remain fully in force.

  1. MODIFICATIONS:

17.1 IBIDEM may modify these General Terms and Conditions, at any time, in which case IBIDEM shall publish the new version, stating the date on which it enters into force, which shall be no less than 30 calendar days from its publication on the website www.ibidem.com if, during said term, the Client does not raise any objection thereto in writing.

17.2 If the Client does not accept the revised terms and conditions, the parties may terminate their relationship.

  1. APPLICABLE LAW AND JURISDICTION:

18.1 The relationship between the Client and IBIDEM is expressly subject to Spanish legislation.

18.2 The Client and IBIDEM voluntarily submit to the courts and tribunals of the city of Elche (Alicante), expressly waiving any other jurisdiction that may apply and notwithstanding the rules concerning the jurisdiction of courts, to hear any disagreements or claims that may arise concerning the construction or performance of the legal relationship between the Client and IBIDEM.