Terms and Conditions of Service

1.                  Application

1.1                          These Terms and Conditions shall apply to the provision of Services provided by us, the Supplier, to the Client.

1.2              In the event of conflict between these Terms and Conditions and any earlier Terms and Conditions, the latest shall prevail unless expressly or otherwise agreed by the Supplier in writing.

2.                  Definitions

2.1              In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

 “The Client” / “You” means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which purchases services from the Supplier;

“The Commencement Date” the commencement date for this agreement is the time when payment received from the Client or otherwise agreed in writing;

“Letter of Acceptance” means the information has been sent to you by email after payment made and include the details of services agreed;

“Services" means the services to be provided by the Supplier to the Clients, namely Search services relating to Trade Marks and Design, Trade Mark and Design registration; and

“The Supplier” / “We” / “Us” means MIGU Trade Mark as the trading name of MIGU Limited.

2.2              Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

2.3              The headings in these Conditions are for convenience only and shall not affect their interpretation.

3.                  The Service

3.1              With effect from the Commencement Date the Supplier shall, in consideration of the Fees being paid in accordance with the terms of Payment will provide the services expressly identified in the Letter of Acceptance by us or otherwise agreed under this Agreement.

3.2              The Supplier will use reasonable care and skill to perform the services identified in the Letter of Acceptance or otherwise agreed under this Agreement.

3.3              The Supplier shall use all reasonable endeavours to complete its obligations under this Agreement, but time will not be of the essence in the performance of these obligations.

4.                  Price

4.1              The Client agrees to pay the Fees in accordance with the terms of Payment.

4.2              We guarantee the prices of services indicated and sent to you in the Letter of Acceptance.

4.3              In addition the Supplier shall be entitled to recover from the Client his reasonable incidental expenses for third party services supplied in connection with the provision of the Services, which discussed and agreed with the Client in advance.

4.4              The Client will pay the Supplier for any additional services provided by the Supplier that are not specified in the Letter of Acceptance in accordance with the Supplier's then current, applicable rate in effect at the time of the performance or such other rate as may be agreed. Any charge for additional services will be supplemental to the amounts that may be due for the expenses.

5.                  Payment

5.1              All payments required to be made pursuant to this Agreement by the Client before any services provided by us shall begin. Payment made to us by the Client shall constitute full acceptance of these terms and conditions.

5.2              The time of payment shall be of the essence of these terms and conditions.  If the Client fails to make any payment on the due date in respect of the price or any other sum due under these terms and conditions or the payment has not been received in full by the Supplier then the Supplier shall not provide any of its services to the Client.

6.                  Refunds Policy

6.1              In the unlikely event when the Client terminates this Agreement in accordance with Clause 8.3.2 shall be entitled to a refund.

6.2              If the Client’s application for Trade Mark and Design registration proved to be unsuccessful, we shall refund our fees to you pursuant to your payment detailed in our Letter of Acceptance. This excludes Government fees, and applications where false or incorrect information has been provided or we made a different agreement with you.

6.3              In cases where search services are not performed by us or our sub-contractors, or we inform you that we are not able to guarantee our work prior to application, you shall not be entitled to the refund of any fees paid in conjunction with your application.

7.                  Variation and amendments

7.1              If the Client wishes to vary any details of the Letter of Acceptance upon receipt it must notify the Supplier in writing immediately or within five (5) working days.  The Supplier shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Client.

7.2              If, due to circumstances beyond the Supplier’s control, it has to make any change in the arrangements relating to the provision of the Services it shall notify the Client forthwith. The Supplier shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.

8.                  Termination

8.1              The Supplier may terminate the Agreement forthwith if:

8.1.1        the Client is in breach of any of its obligations hereunder; or

8.1.2        the Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with its creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets; or

8.1.3        the Client has become bankrupt or shall be deemed unable to pay its debts by virtue of Section 123 of the Insolvency Act 1986; or

8.1.4        any circumstances whatsoever beyond the reasonable control of the Supplier (including but not limited to the termination of the service through no fault of the Supplier) arise that necessitate for whatever reason the termination of the provision of services.

8.2              In the event of termination under clause 8.1 the Supplier shall retain any sums already paid to it by the Client without prejudice to any other rights the Supplier may have whether at law or otherwise.

8.3              The Client may terminate this Agreement if:

8.3.1        the Supplier is in breach of any of its obligations under this Agreement; or

8.3.2        within seven (7) days of the payment made in accordance with the Consumer Protection (Distance Selling) Regulations 2000, except when the performance of Services already has begun. The Client will be informed in writing of the beginning of services by the Supplier.

8.4       The termination period under Clause 8.3.2 does not apply to a person who is acting in the course of a business.

9.                  Sub-Contracting

We may sub-contract the performance of any of our obligations under this Agreement without the prior written notice or consent of the Client and we are shall not be responsible for the act or omission of the sub-contractor.

10.              Liability

10.1          Except in respect of death or personal injury caused by the Supplier’s negligence, the Supplier will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express or implied terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Supplier’s servants or agents or otherwise) in connection with the performance of this contract or with the use by the Client of the Services supplied.

10.2          The Client agrees to indemnify and save harmless the Supplier and its successors and assigns, from and against any claims and expenses, action, liability, loss, damage or suit (including that of third parties) howsoever caused by either the Client or Supplier or their agents or employees.

10.3          The Supplier shall not be liable to the Client or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Supplier's obligations if the delay or failure was due to any cause beyond the Supplier's reasonable control.

10.4          Where the Client consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them.  All obligations on the part of such a Client shall be joint and several obligations of such persons.

11.              Force Majeure

11.1          Neither the Supplier nor the Client shall be liable to the other or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Services, if the delay or failure was due to any cause beyond that party’s reasonable control.  Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party’s reasonable control:-

11.2          act of God, explosion, flood, tempest, fire or accident;

11.3          war or threat of war, sabotage, insurrection, civil disturbance or requisition;

11.4          acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

11.5          strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of either the Supplier or the Client or of a third party);

11.6          power failure or breakdown in equipment or unavailability of necessary sources to the performance of services .

12.              Waiver

12.1          No waiver by the Supplier of any breach of these terms and conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of this agreement shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which the waiver is given. 

12.2          No failure or delay on the part of any party in exercising any right, power or privilege under this agreement shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of or the exercise of any other right, power or privilege. 

13.              Severance

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.

14.              Intellectual Property

The Supplier reserves all copyright and any other rights (if any) which may subsist, or in connection with, in the provision of the Supplier's services or facilities.  The Supplier reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright and any other rights.

15.              Notices and Service

15.1          Any notice or other information required or authorised by this Agreement to be given by either party to the other shall be given by sending via electronic communication (email) or pre-paid registered post, facsimile transmission or other comparable means of communication.

15.2          Any notice or information given by post in the manner provided by Clause 15.1 which is not returned to the sender as undelivered shall be deemed to have been given on the day after the envelope was so posted; and proof that the envelope containing any such notice or information was properly addressed, pre-paid, registered and posted, and that it has not been so returned to the sender, shall be sufficient evidence that the notice or information has been duly given.

15.3          Any notice or information sent by email, facsimile transmission or comparable means of communication shall be deemed to have been duly given on the date of transmission.

15.4          Service of any document for the purposes of any legal proceedings concerning or arising out of this Agreement shall be effected by either party by causing such document to be delivered to the other party at its registered or principal office, or to such other address as may be notified to one party by the other party in writing from time to time.

16.              Applicable Law and Jurisdiction

These terms and conditions shall be governed and construed in accordance with the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Terms and Conditions of Service | Privacy Policy | Terms of Use

MIGU Trade Mark is the trading name of MIGU Limited.
Registered Office: 2nd Floor,