Terms and Conditions

MacMillan Trade Marks Pty Ltd – Terms and Conditions

We welcome your proposal to become a client of MacMillan Trade Marks Pty Ltd. We must undertake a conflict check before we accept you as a client and we will advise you if we consider there is a conflict and cannot act in your matter.

This agreement formally outlines the terms and conditions upon which we agree to act on your behalf and define aspects of the relationship between us. We look forward to a mutually beneficial relationship. If at any time you have any question or comment, please contact us.

All work undertaken under this Agreement is completed by MacMillan Trade Marks Pty Ltd.

In these terms and conditions, unless the contrary appears:

“Agreement” means the agreement formed between the Company and the Customer pursuant to these terms and conditions.

“Company” means MacMillan Trade Marks Pty Ltd ACN 123 822 140

“Conditions” means these terms and conditions and any special conditions agreed to in writing by the Company.

“Customer” means the Customer listed in this Agreement

“Services” means all or any part of the services to be provided by the Company pursuant to the Agreement.

1. Our pricing and payment

a) Our prices are listed in our schedule of charges. Most of our tasks are undertaken on a fixed fee basis or otherwise charged on an hourly rate.

b) Subject to this clause payment shall be made by the Customer within fourteen (14) days of invoice by the Company.

c) Where any monies due and payable by the Customer to the Company remain outstanding:

(i) such amount will be subject to an interest charge at the rate of 10.5% per annum; and

(ii) the charging or payment of interest shall be without prejudice to all other rights and remedies the Company may have to recover any amount due pursuant to the Agreement.

d) Where any monies due and payable by the Customer to the Company pursuant to the Agreement remain outstanding, or if the Customer is in breach of the Agreement, the Company may suspend performance of the services until those monies are paid to the Company or the breach is rectified.

e) In the event such failure to pay or the breach continues for more than thirty (30) days, the Company may at its sole discretion terminate the Agreement in which case Clause 5 will apply. The Customer agrees that the Company may recover the outstanding amount specified in the invoice together with interest, legal costs, bank fees and charges, any other expenses incurred in attempting to recover the debt and any fees and commissions or other amounts we pay to any collection agency to act on our behalf.

f) The Customer shall not be entitled to deduct or withhold from any invoice any monies by way of retention, set-off, counter claim, or otherwise.

2. Indemnity

The Customer shall indemnify and keep indemnified the Company its directors, attorney, its successors and assigns from and against all actions, suits, claim, loss, damage, expense and demands and costs, arising out of or in relation to the actions or omissions of the Customer or its servants, agents and employees.

3. No warranty as to fitness for purpose

Although the Company may offer an opinion as to possible results of the services provided, the Company issues no warranty as to the suitability of the services and no guarantee any particular result of any application filed on behalf of the Customer will result in the registration of a trade mark. The Customer is responsible for the services and any application lodged being suitable for the purpose for which they are purchased.

4. Jurisdiction

This Agreement shall be governed and construed in accordance with the laws of the state of Victoria and the parties shall submit to the jurisdiction of the Courts of Victoria.

5. Termination and cancellation

a) The Company may at its discretion end this Agreement upon notification in writing.

b) In the event the Customer purports to terminate and/or repudiate or cancel the Agreement, or if the Company terminates the Agreement pursuant to the Agreement, then, without prejudice to its other rights and remedies, the Company may recover from the Customer all costs and expenses incurred by the Company in its performance of the Agreement, and all loss and damage arising from or relating to the termination or repudiation.

6. Conflict of Interest

The Company reserves the right to withdraw from acting on behalf of the Customer in the event a conflict of interest develops between the Customer and another third party and/or the Company.

7. General Provisions

a) No consent or waiver, express or implied, of any breach by the Customer of the Agreement will be construed as a consent to, or waiver of, any breach of the Agreement or any other agreement between the Company and the Customer.

b) If any clause or provision of the Agreement is invalid, void or unenforceable, all other provisions which are capable of separate enforcement will continue to be in full force and effect in accordance with their terms.

c) These conditions constitute the entire agreement between the parties and all prior agreements, representations or warranties, save for those expressly incorporated in these conditions and all local, general or trade customs, are hereby excluded.

d) Unless otherwise agreed in writing by a director of the Company, these conditions prevail over any other conditions sought to be imposed by the Customer, to the fullest extent permitted by law.

e) A registered Trade Marks Attorney with appropriate competency, including by drawing on technical expertise to undertake proposed work and is bound by Code of Conduct for Patent and Trade Marks Attorneys 2013.