General Terms & Conditions

Article 1 – General

1. Jump Trademarks is part of JUMP Legal B.V. JUMP Legal is a limited liability company (Besloten vennootschap, BV) which aims to provide services by trademark and design attorneys in the broadest sense of the word. All instructions are deemed to be given by, and exclusively accepted by, or on behalf of Jump Trademarks.
2. Applicability of articles 7:404 and 7:407 of the Dutch Civil Code (Burgerlijk Wetboek, BW) are hereby excluded.
3. All quotations from Jump Trademarks are non-bonding and should be considered as an invitation to grant an assignment, unless otherwise agreed in writing or described in these general terms and conditions.
4. Applicability of the general terms and conditions of the Customer is hereby explicitly rejected.
5. Any deviation from these general terms and conditions must be explicitly agreed in writing. Deviation from one or several provisions of these general terms and conditions does not affect the validity and applicability of the other provisions.
6. In case there is a clash between a provision in these general terms and conditions and a provision in an agreement with Jump Trademarks, the content of the agreement with Jump Trademarks prevails.
7. If and insofar as one or more of the provisions in these general delivery and payment conditions appears to be void or voidable, this will not affect the validity of the other provisions.

Article 2 – Execution of the assignment

1. Jump Trademarks will execute the received order to the best of its abilities and with due diligence, in a manner befitting to a good contractor. During this process, Jump Trademarks may be assisted by third parties that are contracted by Jump Trademarks during the execution of the order.
2. Performance of the contract will be executed based on the information that the Customer has provided to Jump Trademarks. The customer should provide Jump Trademarks with all relevant instructions and information in a timely manner prior to the performance of the contract. In the event that the Customer does not provide Jump Trademarks with instructions or information in a timely manner and the agreed upon term is due to expire, Jump Trademarks will, if possible, request an extension of the term. Fees and costs for these activities will be charged to the Customer. If the term expires nonetheless, Jump Trademarks is not liable for the consequences of such expiration. Jump Trademarks also is not liable for non-performance of activities that were not explicitly instructed.
3. Jump Trademarks has the right to employ third parties for performance of the contract. If these third parties wish to limit their liability, the Customer gives permission to Jump Trademarks to accept his limitation of liability. Although Jump Trademarks will act with due care when selecting and employing third parties, it is not liable for shortcomings of parties that have been employed to perform (parts of) the contract. The Customer grants indemnity for liability of third parties related to claims by the Customer against these third parties.
4. Every filing carried out by Jump Trademarks is automatically included in the trademark monitoring service of Jump Trademarks.
5. The trademark monitoring service is an annual subscription, with a notice period of one month before the end of the subscription term. If notice of termination is not given in time, the subscription will be automatically renewed for a period of one year.
6. Once a trademark is fully registered, Jump Trademarks obtains the right to display this trademark on its website, in its newsletters, and in other possible communications.

Article 3 – Confidentiality

1. Jump Trademarks will treat in confidence any communication of a confidential nature that has been provided to Jump Trademarks by or on behalf of the Customer.
2. Jump Trademarks communicates electronically. In the event that errors in communication arise due to this type of communication or in the event that third parties gain access to the content of the provided information, Jump Trademarks is not liable for any damage that is a consequence of this method of communication.

Article 4 – Liability

1. Jump Trademarks is not liable for damage incurred by the Customer, except if and in so far as the Customer can prove intent or gross negligence on the side of Jump Trademarks.
2. Jump Trademarks is never liable for indirect damage and/or consequential damage to the Customer, such as trading loss, losses due to delays, loss due to business stagnations or loss of profit.
3. Jump Trademarks is insured for liability. Liability for damage is not greater than the amount Jump Trademarks’s insurance covers add the deductible excess coupled with this insurance. If the insurance does not pay out any amount, Jump Trademarks’s liability will never exceed €3,500. Any additional liability is explicitly excluded.

Article 5 – Declarations, Fees, Payments, Costs

1. As a general rule the Customer is expected to fulfil an advanced payment. Jump Trademarks has the right to only start the performance of the contract when the advance payment has been fulfilled. The completed advanced payment will be deducted from the fees and costs that will later be invoiced by Jump Trademarks.
2. Jump Trademarks’s fees are calculated according to Jump Trademarks’s usual fees, not taking into account work performed. In addition to the time spent by Jump Trademarks on behalf of the client, the fee includes a sum for general fixed office expenses. An additional fee will be added for variable office costs, which will be passed on as a percentage of the fees.
3. In addition to the variable fees that Jump Trademarks passes on, on the basis of the established hourly rate, multiplied by the number of hours spent on the performance of the contract, Jump Trademarks also charges fixed fees.
4. Any costs incurred in performing a contract will be charged to the Customer. These costs can include tax, travel and accommodation costs, costs for representatives or other experts, costs of courier services, and costs of translations.
5. Any cost estimates or quotations that Jump Trademarks provides to the Customer are purely indicative and non-binding, unless Jump Trademarks explicitly agrees otherwise in writing.
6. All invoices must be paid in full, without discounts or settlements to Jump Trademarks within the payment term indicated on the invoice. In the event where no payment term is indicated, the invoice must be settled within 14 days of the invoice date. Jump Trademarks has the right to send invoices in the interim.
7. In the event of a dispute between the Customer and Jump Trademarks, the Customer does not have the right to refuse or suspend payment to Jump Trademarks on this basis.
8. If the Customer fails to complete the payment within the set payment term, the Customer will, by operation of law, without any (additional) notice of default, be in default and interest will be payable according to article 6:119a of the Dutch Civil Code (Burgerlijk Wetboek, BW).
9. Any costs incurred by Jump Trademarks in or out of court in relation to the untimely fulfilment of the invoices by the Customer, will be charged to the Customer.

Article 6 – Termination, Force Majeure

1. The customer will be in default by operation of law if:
2. the Customer violates an obligation from this agreement and/or general terms and conditions; or
3. the Customer is declared bankrupt, has been granted a suspension of payment, the statutory debt rescheduling rules are declared applicable, is placed under guardianship or their assets are put under administration in part or in full, or when a request to this effect is submitted; or
4. the Customer transfers business operations or control of their business or part of their business in part or in full, loses its legal personality, is dissolved or put into liquidation or the business operations are otherwise ceased; or
5. if any goods of the Customer are seized before judgement or seized under a warrant charged to the Customer.
6. Any of the situations described in paragraph 1 give Jump Trademarks the right to immediately and unilaterally terminate the agreement, in writing, without any notice of default, in part or in full. In the event of partial or full termination by Jump Trademarks, Jump Trademarks will not be liable for any damages to the Customer. The termination shall not affect Jump Trademarks’s other rights, including but not limited to the right to full compensation.
7. Amounts that Jump Trademarks has invoiced in connection with what it has already properly performed to execute the agreement, will remain payable and will become immediately payable at the time of dissolution.
8. In addition to the other rights that may be accrued, Jump Trademarks has the right to suspend the fulfilment and execution of an order in the case of force majeure, and to terminate with or without judicial intervention, without Jump Trademarks being liable for any damages in this case.
9. In these general terms and conditions, force majeure is taken to mean any shortcoming in the fulfilment of an obligation that is not attributable to Jump Trademarks. This includes but is not limited to the non-fulfilment of an obligation due to illness, death or other hindrance of one of Jump Trademarks’s employees.

Article 7 – Applicable Law and Jurisdiction

1. The legal relationship between the Customer and Jump Trademarks is exclusively subject to Dutch law.
2. Any disputes between the Customer and Jump Trademarks will exclusively be submitted to a competent court in the district of Central Netherlands (“Midden-Nederland”).
3. Jump Trademarks has the right – in case it so wishes – to derogate from article 7.1 in order to file a lawsuit to the competent court according to the law.

Article 8 – Translations of General Terms and Conditions

1. These general terms and conditions have been drafted in Dutch and English. In the event that there is a discrepancy between the explanation of these general terms and conditions in the Dutch and the English text, the Dutch text will be binding.