Terms and conditions of the ABGclients service

The present Terms and Conditions control the access and use of the ABGclients  service accessible from the website https://clients.abg-ip.com offered by ABG Intellectual Property Law, S.L., hereinafter “ABG IP”, to its clients.

ABG IP is a company registered in the Companies Registry of Madrid (Volume 19.273, Book 0, Folio 112, Section 8, Page M-337602, Entry 1) with address in Avenida de Burgos 16, Madrid and Tax ID Code (CIF) number B-83769737.

Both the request to access the Service and the actual access of said Service imply the acceptance of the Terms and Conditions by each Client and its authorised User.

 1. Introduction

1.1 Purpose

The purpose of this agreement relates to the provision, by ABG IP, of an electronic Service for Clients to check their File(s), as well as to access additional intellectual property contents, through the ABGclients webpage (hereinafter, the “Service”).

1.2 Definitions

    • Client: Any natural or legal person under contract with ABG IP through the acceptance of the present Terms and Conditions so that its User may access the ABGclients Service. Each Client may have one assigned User.
    • User: Any natural or legal person who, within the framework of the agreement signed by the Client, has permission to access the electronic ABGclients Service through the allocation of a user code and password.
    • File(s): All the data and information relating to intellectual property.
    • Service: Service is defined in Section 1.1 relating to the purpose of the agreement.
    • Confidential Information: Any verbal information, written information, or information disclosed through any medium generated or controlled by the Disclosing Party which is made known to or communicated to the Receiving Party when entering into this Agreement, either before or after the effective date, with the exception of the following information:
        1. information belonging to the public domain at or after the time of disclosure, without it resulting from a breach of this agreement;
        2. information that the Receiving Party possesses prior to the time of disclosure which can be proven based on documentary evidence, and without said circumstance arising from a prior disclosure by, or on behalf of, the Disclosing Party;
        3. information that the Receiving Party acquires, lawfully and in good faith, from a third party without any duty of confidentiality vis-a-vis the Disclosing Party in relation to said information;
        4. information which is created by the Receiving Party independently and without reference to the Confidential Information received from the Disclosing Party, provided that this circumstance can be proven based on documentary evidence;
        5. information object of a court or administrative disclosure order, with the Receiving Party undertaking to inform the Disclosing Party of same well in advance to facilitate the Disclosing Party and to allow it to seek relevant measures for safeguarding the Confidential Information from the corresponding judicial or administrative body; or
        6. information whose disclosure to the Receiving Party is expressly authorised by the Disclosing Party. The burden of proof of the preceding exceptions shall rest on the Receiving Party.
    • Receiving Party: The party to which the Confidential Information is communicated.
    • Disclosing Party: The party communicating the Confidential Information.
    • Intellectual Property Right:
        1. All registered patents, designs and trademarks, utility models, copyright, know-how, and database rights;
        2. any other r intellectual property right and similar or equivalent rights anywhere in the world that currently exist or will be recognised in the future;
        3. applications for registration, extensions, and renewals, in relation to any of the mentioned rights; and
        4. the expression of any original work of art or creation, in any form, tangible or intangible, including, without limitation, computer programmes, source code, object code, technical documentation, instruction manuals, training materials, technical codes or references and/or parts and pieces thereof, data formats, drawings, graphics, logos, as well as the results of transformation, modification, update, adaptation, new versions, or changes of said works of art or creations.

1.3 Service duration and cost

1.3.1 This Agreement shall be valid and effective until 31 December of the year the Agreement is signed. Following the lapse of said term, the Agreement shall be automatically extended on a yearly basis unless it is expressly terminated by any of the parties at least one month before the expiration date.

1.3.2 Access to the Service is free of charge.

 

2. Access and security

2.1  Registration in the service

2.1.1 All requests to access the Service shall be made by means of the acceptance of the Terms and Conditions of the Service.

2.1.2 The Client or User shall inform ABG IP of any change or modification of their contact information by means of registered mail, fax, or e-mail. In this notification, express mention must be made to ABGclients.

The Client shall be duly notified of any change or modification in ABG IP information.

2.1.3 ABG IP may request the information it deems necessary at any time for the purpose of ensuring that the Client or User is authorised to access the Files. To that end, ABG IP may request the corresponding authorisation signed by the Client in question.

2.2 User codes

2.2.1 ABG IP will assign a unique user code and password for each Client upon the acceptance of the present Terms and Conditions.

2.2.2 ABG IP reserves the right to deny allocation of a user code for duly justified reasons.

2.2.3 The Client expressly undertakes to inform its authorised User of and to enforce the contents of the present Terms and Conditions. Similarly, the Client also expressly undertakes to inform its authorised User of all the details inherent to the access and proper use of the Service. The Client is fully responsible for any misuse of the Service by the User for whom the corresponding access has been requested.

2.3  User code maintenance

2.3.1 When it is considered necessary, the User may request ABG IP to change his/her password, with the Client being expressly informed of this circumstance. A link (the “Change Password” button) on the ABGclients access page, which will direct the User to the password changing process, shall be available to that end. The User must enter his/her username and current password in order to set a new password.

2.3.2 If the Client wishes to revoke the Service access authorisation given to the User, it shall notify ABG IP immediately so that ABG IP may adopt the pertinent technical measures to maintain confidentiality and system security. The Client shall be fully responsible for the consequences resulting from its failure to communicate this circumstance to ABG IP.

2.4 Passwords and security

2.4.1 The Client expressly acknowledges that anyone who becomes aware of the user code and password of its User in an unauthorised manner will be able to access the Service.

2.4.2 The Client expressly undertakes:

    • To keep its user code and password secret by applying the pertinent security measures;
    • To not allow third parties to access the Service through its user code; and
    • To take full responsibility for any access to the Service made through its user code.

2.4.3 In the event that any of the parties believes that the User’s security has been compromised or breached, it shall inform the other party of this circumstance immediately so that said party may proceed to change the password.

2.4.4 For security reasons, ABG IP may block the User or access to the Service from a suspicious IP address, with the Client being informed of this circumstance immediately.

2.4.5 If the User forgets his/her code and/or password and is not able to access the Service as a result, or if his/her username is automatically blocked by the system, ABG IP must be informed of this situation. If this occurs, ABG IP will inform the Client of its user code and/or access password after verifying the legitimacy of the request. The access data of the User in question shall be provided to the Client exclusively through a secure communication method that ABG IP deems appropriate taking into account the circumstances, despite the fact that the re-establishment of access to the Service may thus be delayed.

 

3. Services availability

3.1  General availability

3.1.1 The Service shall be available 24 hours a day all year round. This is not withstanding ABG IP’s authority to interrupt the Service when it deems necessary for the purpose of performing maintenance and improvement tasks.

3.1.2 ABG IP shall inform the Client of scheduled, regular periods in which the Service will not be available.

3.1.3 Service availability may be affected at any other time due to unforeseen circumstances or circumstances beyond the control of ABG IP.

3.2 Internet connection

3.2.1 Access to the Service is made through a secure Internet connection.

3.2.2 The Client is responsible for managing its own Internet connection through an Internet Service Provider (ISP). The quality of the Internet connection and of the services provided by any ISP, including problems related to Internet connection, frequent disconnections, and slow connection speeds, are beyond the control and responsibility of ABG IP.

3.2.3 Connection to Internet services depends on the connection and Internet service provided to ABG IP by third parties and it may be affected by issues beyond the control of ABG IP.

3.2.4 ABG IP shall not be held responsible for any Service interruption or disruption caused by Internet access or transmission problems.

3.3 Access memory (cookies)

To provide guaranteed and secure Service, the system uses Cookies in accordance with the Cookies Policy of this website. This function must be activated in the User’s browser because, otherwise, ABG IP will not be able to provide the Service properly.

3.4 Segurity measures against computer virus and exclusion of guarantees and liability of ABG IP

3.4.1 ABG IP has developed and adopted different technical measures in its system to ensure that its system and the Service are free of all computer viruses and to prevent any infection of the users’ computers or equipment directly derived from access to the Service.

3.4.2 Notwithstanding the foregoing, ABG IP cannot offer any guarantees. Therefore, ABG IP shall not be held responsible for any loss or damage that may arise as a result of an infection. It is the User’s responsibility to ensure that his/her computing equipment or system is not affected by any type of virus.

3.5 Service cancellation

3.5.1 ABG IP reserves the right to cancel the Client’s access to the Service, either temporarily or permanently, in case of non-fulfilment of the present Terms and Conditions, and also in case of non-payment of the professional services provided by ABG IP at the request of the Client.

3.5.2 ABG IP reserves the right to cancel the Services either temporarily or permanently at any time, with one-month prior notice.

3.5.3 The Client shall immediately inform ABG IP if it has stopped using the Service. The Client will continue to be responsible for any access to the Service performed under its user code until ABG IP informs the Client of the end of its access.

 

4. Access protocol

4.1 Access registration

ABG IP keeps an access record containing the code of the User accessing the Service, along with the connection date and time; as well as any other information about the Service considered to be of interest.

4.2 Disconnection

4.2.1 As soon as a User stops using the Service of a session, he/she must proceed to end the session by clicking the “Sign out” button and check that the session has indeed been closed.

4.2.2 In the event that a User remains inactive for longer than a reasonable time, ABG IP reserves the right to inactivate the session automatically. The User must then sign in again and start a new session if he/she wishes to continue using the Service.

 4.3 Unclosed sessions

4.3.1 If a User does not close the session by clicking the “Sign out” button, it will be impossible to detect that the session has ended (even when the User closes the Internet browser). Therefore, the session will remain open until it is automatically closed due to inactivity.

4.3.2 ABG IP shall not be held responsible for any unauthorised access or for any consequence derived from said unauthorised access, either directly or indirectly, in those cases in which the User has failed to ensure the proper closure of the session by clicking the “Sign out” button and to check that the session has indeed been closed.

 

5. Service provision characteristics

5.1 ABG IP may modify the information shown in each File at any time.

5.2 The information shown by ABG IP corresponds to that found in its system and databases.

5.3 The incorporation of new information or data in the ABG IP’s system and the ability of the Client to access said information or data may suffer natural delays as a result of the times required by the systems to perform internal data processing and recording. For these reasons, the information shown by ABG IP may not be up-to-date.

 

6. Grounds for termination of the agreement

Notwithstanding the provisions set forth in other clauses, this Agreement may be terminated for the following grounds or reasons:

  • Expiration of the agreed deadline, where one of the parties has communicated to the other party its intention to not proceed with renewal, in compliance with the provisions of clause 1.3.1.
  • Non-fulfilment of the Agreement by any of the parties; where it is understood that said non-fulfilment shall not constitute a breach of the Agreement nor a liability for the defaulting party when the non-fulfilment or delays are due to force majeure, administratively imposed restrictions, or other reasonable causes that are beyond the control of the parties.
  • The dissolution or termination of one of the parties.
  • Mutual agreement between the parties.
  • Non-payment of the professional services provided by ABG IP at the request of the Client.

 

7. Intellectual property rights

7.1 The parties expressly acknowledge and accept that all previously existing Intellectual Property Rights or any other right belonging to each of the parties, individually considered, are and shall remain at all times the exclusive property of its proprietor, whether or not they are protected under the intellectual property laws applicable in Spain or in any other country at any given time. Accordingly, none of the parties will acquire any right, title, or interest in or over previously existing Intellectual Property belonging to the other party.

7.2 ABG IP shall refrain from attempting to protect as its own or to lodge an objection for any assets or Intellectual Property Rights belonging to the Client in any part of the world, whether or not they are protected under the intellectual property laws applicable in Spain or in any other country at any given time.

7.3 All the information and contents included in the Service belong to ABG IP and are protected by the intellectual property legislation. Accordingly, the direct or indirect reproduction or public communication in any medium or support for use other than that which is strictly the object of this Agreement, without prior express written authorisation from ABG IP, is prohibited. The use of said information for business purposes, as well as the distribution, modification, or amendment thereof, is likewise prohibited.

7.4 The Client may print the data, information, and contents of the Service strictly for personal, non-commercial use. Likewise, the Client expressly undertakes not to sell, publish, or distribute or facilitate the special features and structure of the Service to third parties.

 

8. Confidentiality

8.1 The contents of this Agreement and of any information related with this Agreement disclosed by any of the parties shall be considered Confidential Information and safeguarded as such by the Receiving Party.

8.2 ABG IP, the Client, and the User undertake to keep the Confidential Information secret.

8.3 ABG IP, the Client, and the User shall not disclose the Confidential Information for the duration of the Agreement and for five (5) years following its expiration.

8.4 ABG IP, the Client, and the User shall ensure that all their staff will treat information relating to this Agreement as confidential. To that end, they shall make any employees or consultants who have access to said information sign a confidentiality agreement.

ABG IP, the Client, and the User shall be jointly and severally liable with their employees, representatives, and third parties under their responsibility for all damages that may arise as a result of the breach of this duty of confidentiality, notwithstanding the prosecution of actions that may be brought by the aggrieved party against the other party or against third parties based on the legislation applicable at any given time.

8.5 Confidential Information can only be communicated under duty of confidentiality prior communication with and attainment of written authorisation from the party proprietor of said information.

 

9. Notifications

9.1 For communications purposes, the parties indicate the following addresses for service:

    • For ABG IP:

Avenida de Burgos, 16D Edificio Euromor, 28036 Madrid, Spain

Telephone No. (34) 914 17 13 00

Fax No.: (34) 914171301

E-mail: clients@abg-ip.com

    • For the Client: the information recorded in The Client’s agreements or professional services hiring forms.

9.2 Notifications can be made, interchangeably, by means of:

    • Fax, when the source of origin and the destination thereof can be proven.
    • Registered mail.
    • E-mail.
    • Any other written form which allows the fact that the communication was made and should have been received by the recipient to be reasonably proved.

9.3 Any modification or change in the addresses and information of the parties must be notified within the terms set forth in the preceding section, with a prior notice at least seven (7) days before said modification or change enters into force.

 

10. Legal notices

10.1  Applicable law and competent jurisdiction

This Agreement shall be interpreted and governed in accordance with Spanish legislation. Both parties agree that all litigious matter, discrepancy, question, or claim arising from the execution or interpretation of this Agreement or from the relationships derived therefrom, directly or indirectly, shall be resolved in the courts and tribunals of the city of Madrid (Spain), expressly waiving any other jurisdiction that may correspond to them by law. Nevertheless, ABG IP and the Client undertake to amicably resolve any disagreement that may arise during the implementation of this Agreement before resorting to judicial means.

10.2 Invalidity

Should any clause of the present General Conditions become invalid or unenforceable as a result of a judgment or decision handed down by a tribunal of the competent jurisdiction or by an authority whose decisions have binding force on the parties, said clause will not applicable. In this case, it shall be considered that the remaining contractual conditions are not affected or altered by said decision and shall remain valid and enforceable to the extent permitted by law.

 

11. Authentic text

The present General Conditions were drafted in Spanish. In the event of a discrepancy between the Spanish text and its translation in any other language, the Spanish text shall prevail.

 

12. Modification of the general conditions

12.1  Reservation of right

ABG IP reserves the right to modify the present General Conditions at any time. In this case, the Client may request the rescission of this Agreement within a maximum time period of one month after receiving the notification sent by ABG IP concerning the changes made.

12.2 Regulatory modifications

Should the terms of the Agreement become null and void due to regulatory changes, the parties agree to introduce those amendments deemed necessary for the purpose of adapting the contractual relation to the legislation in force, provided that the result of said amendments are not in contradiction with significant conditions of the Agreement. If said modifications contradict such conditions, the Agreement can be rescinded according to the provisions of the preceding paragraph.