Terms of use

 

These Terms of Use set forth the legally binding terms for your use of our services. By accessing or using the services, you are accepting the terms of use and you represent and warrant that you have the right, authority, and capacity to enter into an agreement with us. If you do not agree with all of the provisions these terms, do not access and/or use the services. There is no option to modify or amend these terms unless expressly agreed on by our firm. You may not access or use the services if you are not at least 18 years old.

 

About us

 

The website located at www.brandific.eu is operated by My Jet Now LLC . My Jet Now LLC  provides the site and services provided through the site, including informational legal content. The services are provided in cooperation with our legal partner who is a member of the Hungarian Bar Association.

 

This website is intended to inform the public about the services offered by us and provide informational and educational content. Nothing on this site creates an attorney-client relationship with site visitors unless your order any of our services.  All information on this site is for informational and educational purposes only and is not meant to be relied upon by site visitors as legal advice or in reliance on making any decisions.  Please order our services in order to receive professional legal advice from our legal partner.

 

We offer the following services:

 

  • Business advisory and support with regards to brand building and trademark registration in the EU and other countries;
  • Advisory services with regards to obtaining, maintaining, utilizing and/or defending intellectual property rights;
  • Representation before the EUIPO, the Hungarian Intellectual Property Office and the courts of Hungary through our legal partner;
  • Other legal services provided through our legal partner;

 

Because of obligatory legal regulations and the aim to provide high-quality service, we collect and process personal data according to our privacy policy.

 

Nature of the agency contract

 

We provide services according to the rules of legal representation. This is based on the cooperation of the parties. It comes from the nature of this legal relationship that our firm is obliged to handle your case professionally and with due care. In case of an application for trademark registration the final decision is made by the authorities. We cannot guarantee a positive outcome of the registration proceedings given a number of circumstances out of our control and therefore we have no responsibility in this regard. It is our policy that we do not accept cases where there is a conflict of interest in respect of our existing clients. In such cases (e.g. at an opposition against our clients) our firm refuses the request for legal representation and refunds all effected payments. The operation of our firm is governed by the Hungarian Civil Code (Act V. of 2013) and the operation of our legal partner is governed by Act LXXVIII of 2017 on the professional activities of attorneys-at-law.

 

Please note that, given the rules stipulated in Act LXXVIII of 2017 about the client identification obligation of the lawyer, in cases where you refuse to give us proper means of identification of yourself or your company at our request (e.g. by showing during an online consultation session or  by uploading through our forms or sending to us in email  a valid identification document or a valid company registry extract) our legal partner shall not allowed to act on your behalf before the EUIPO or the Hungarian Trademark Office or the courts of Hungary in cases when legal representation is compulsory. In these cases we reimburse the official fee of the requested procedure. As provision of such information by you is for mere administrative purposes in order for us to ensure legal compliance, we consider your non-cooperation as termination of the agency contract with immediate effect on your side. In such cases we consider the service fee as forfeit money (as stipulated in section 6:213 subsection (2) in the Hungarian civil code), therefore we do not reimburse any service fees that already have been paid.

 

Application by using our forms

 

You can use three kinds of forms to order an EU trademark application. In order to be able to use our form with the discount price you’ll have to provide us with a goods list which has been made with the EUIPO goods and services builder. In case your goods list hasn’t been made with the EUIPO goods and services builder, and therefore doesn’t have the properties of a harmonized goods and services list automatically accepted by the EUIPO, you’ll be charged the normal price.

 

In order to be able to use our form with the normal price you’ll have to fill out a goods list in txt. format. If the txt. file doesn’t contain actual goods or services and/or Nice class numbers, or if otherwise the actual goods and services in the list cannot be filed under the class numbers you’ve indicated, you’ll be charged the full assistance price.

 

In case your refuse to pay the higher service fee charged because of any of the issues above we consider your lack of payment as termination of the agency contract with immediate effect on your side. In such cases we consider the service fee as forfeit money (as stipulated in section 6:213 subsection (2) in the Hungarian civil code), therefore we do not reimburse any service fees that already have been paid.

 

Liability

 

We decline all responsibility for actions or omissions resulting from the use of the site and any function or form reachable through the site. This includes damages for errors, omissions, interruptions, defects, deletions, viruses on computers, loss of benefits, loss of data, unauthorized access and alterations in the transmission of data, and any other loss that is evident or not evident. The contents and information on the site are published for informational and informative purposes only. They are not exhaustive, nor do they constitute legal advice or any other type of professional advice. Furthermore, we limit our liability for any damage caused by any of our services in the amount of the fee paid to us in connection with the service by which the damage have been caused. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the site. This limitation of liability is effective with regards to our officers, employees, agents, successors, and assigns as well.

 

You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads.

 

Termination of our contract

 

We reserve the right, at any time, to modify, suspend, or discontinue the provision of this site with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site.

 

The provision of services is regulated by the rules of legal representation and agency contracts. We accept requests for legal representation where one of the languages of the procedure is English and there is no conflict of interest in the representation. The contract may be terminated at any time, however any costs incurred up to that time shall be charged to and paid by you. Orders for services given by using our online forms are processed within a short period of time. There is no possibility for reimbursement of fees once the application is forwarded to the authorities since the service order is completed and the authorities do not reimburse the official fees. It is not possible to amend the applications unless it is allowed by the applicable law. Our office reserves the right to refuse or to suspend any service orders or terminate an accepted order with 15 days notice. Overpayments shall be refunded, if any.

 

Payment via PayPal

 

You can pay through PayPal with all your credit or debit cards attached to your PayPal account. Our firm does not receive or handle any information relating to your card, all payments go through our respective PayPal accounts. Payment information is disclosed in automated emails received by you by ordering through our forms or directly sent by us through email.

 

Payment via bank transfer

 

The fees do not include the remittance fee of your payment. All of the remittance must be paid by the order. The application or the subject matter of the service order is taken care of only after having received the total payment. We would like to ask you to please make sure that bank transfer costs are not charged to us.

 

Bank connection data:

Account name:…………… My Jet Now LLC
Account number:………. 12010611-01719810-00200005
Bank name:…………………. Raiffeisen
Bank adress:……………….. 1054, Budapest, Akadémia street 6.
IBAN:……………………………. HU69120106110171981000200005
SWIFT:………………………….. UBRTHUHB

Accomplishment of the contract for applications

 

After having received the full documentation and payment our firm processes the matter. The application is filed as soon as possible, generally within 8 days, taking into consideration the complexity of the case.

 

Costs

 

We charge our fees according to our Schedule of Charges. These fees are to be paid via PayPal or bank transfer. If due to any miscalculation discrepancy occurs between the costs displayed on the debit note generated automatically by our billing software or manually by us and the prices listed in the Schedule of Charges, the prices listed in the Schedule of Charges shall prevail. Any information on the official fees shall be considered an estimation and the actual fees apply. We charge you correspondingly for each official fee which is due before EUIPO at filing or later. All fees are net prices and do not include VAT (if applicable to the order you place).

 

Copyright

 

The site and the contents published on it are protected by copyright on the basis of the relevant national provisions and international conventions, and they are the exclusive intellectual property of us and their respective authors.

 

We grant you a non-transferable, non-exclusive, right to access and use the site and the contents for your personal use.

 

The rights granted to you are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the  site and the contents; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the  site and the contents ; (c) you will not access the site and the contents  in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the site and the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the  site and the contents will be subject to these terms. All copyright and other proprietary notices on any content must be retained on all copies.

 

 

Privacy

 

We respect the privacy of our users. Please refer to the our Privacy Policy (www.brandific.eu/privacy-policy) which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the services, you signify your agreement to this Privacy Policy.

 

Legal Disputes

 

You and My Jet Now LLC  agree that any claim or dispute that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our Terms of Use, your use of or access to the services, or any products or services sold or purchased through the services, will be resolved in accordance with the provisions set forth in this legal disputes section.

 

This Agreement is made under and will be governed by and construed in accordance with the laws of Hungary, without giving effect to any principles that provide for the application of the law of another jurisdiction. Parties agree that all legal disputes described above shall be settled before the courts of Hungary.