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Revision of contract terms
・Article 10, Paragraph 1 has been revised. Effective from October 2022, 10.
・Article 1, Paragraph 1, ① (i) B has been revised. Applicable from December 2021, 12.
・Article 1, Paragraph 1 has been revised. Effective from October 2021, 11.
Contract terms
These terms and conditions set forth the terms and conditions of the "Online Intellectual Property Department" service provided by the patent attorney corporation HARAKENZO WORLD PATENT & TRADEMARK (hereinafter referred to as "the firm") (hereinafter referred to as this agreement). The terms and conditions are referred to as the "Terms and Conditions" and include any revised or changed content.)
If you agree to these terms and conditions, the contents set forth herein will become "part of the contract".
For details of the terms and conditions of this contract, please check the latest terms and conditions in a timely manner.
Article 1 Service details, payment terms, etc.
1 Service
The scope of services provided by the "Online Intellectual Property Department" (hereinafter referred to as the "Services") is as follows, and interviews will be conducted using web systems such as ZOOM (hereinafter referred to in this article as "Web interviews"). "It's called).
① What is covered by this service?
The following (i) and (ii) that are conducted verbally during the web interview are applicable.
(i) One-time plan and subscription plan common
B. Various consultations, advice, guidance, etc. related to intellectual property (e.g. creation of intellectual property, pre-filing consultation, consultation, advice, guidance, etc. regarding disputes and negotiations).
(b) Simple lectures lasting approximately 30 minutes to 1 hour using existing materials (prepared materials from our office or materials published by public institutions such as the Patent Office), and provision of various information on intellectual property.
C.Other services posted on the "Online Intellectual Property Department" website, regardless of whether the contract is signed or not.
(ⅱ) Limited to subscription plans
B. Consideration, proposals, etc. regarding intellectual property strategies.
B Regular interviews.
② Items not covered by this service
We can provide the following services upon request. In this case, an additional fee will be charged.
(i) Work incidental to the target service outside of web interviews.
(ii) Document preparation work such as specifications, investigations, written opinions, written opinions, and contracts.
(iii) Face-to-face consultation.
(iv) Meetings regarding individual projects, such as those entrusted to our office.
(v) Other work other than ①.
2 Plan
Customers can choose from the following plans:
①One-time plan
5,000 yen (excluding tax) for up to 30 minutes.
If the time exceeds 30 minutes, an additional charge of 5,000 yen (excluding tax) will be charged for each 30 minutes (including times less than 30 minutes).
②Subscription plan
30,000 yen per month (excluding tax).
・You can use the service in 30 minute increments for up to 10 hours per month.
・Unused time cannot be carried over to the next month.
・If you work more than 10 hours a month, you can also use the one-time plan.
3 Payment terms
Unless there are special circumstances, after the provision of this service in the case of a one-time plan, and before the provision of this service in the case of a subscription plan, and every three months, by the time specified by our office. Payment will be made to the designated bank account. Any fees required for payment shall be borne by the customer.
Article 2 If this service cannot be used
You may not use this service if any of the following apply.
① If there is any falsehood, error, or omission in all or part of the customer's information (excluding cases where accurate information has been corrected).
② If the customer has been or is currently undergoing measures such as suspension of use, deletion of registered account, or forced withdrawal from other services operated by our office.
③ If our office determines, based on reasonable grounds, that it violates Article 13 (Exclusion of Anti-Social Forces, etc.).
④If the customer is a minor.
⑤ If the customer falls under any of the following categories: adult ward, assisted person, or assisted person.
⑥ If our office determines that the person has committed an act that violates or is suspected of violating the Act on Prevention of Transfer of Criminal Proceeds, or is cooperating with or participating in such act by a third party.
⑦Other cases that our office deems inappropriate.
Article 3 Contract, start date of use
1 Establishment of contract
Applications for the use of this service must be made on the website of the "Online Intellectual Property Department", and when our office notifies us of acceptance (including email, the same shall apply hereinafter), we will contact our office. A contract regarding this service according to each plan specified in Article 1, Paragraph 2 will be concluded between the parties. In this case, these terms and conditions will become part of the contract.
2 Start date and period of use of this service
The start date of use is as follows.
①One-time plan
You can use the service from the day after the contract described in the preceding paragraph is concluded. During the contract period, you may use the Service in accordance with the conditions set forth in Article 1, Paragraph 2, Item 1.
②Subscription plan
You can use the service from the month following the month in which the contract described in the preceding paragraph was concluded (hereinafter referred to as the "current month"), and one month is counted from the first day to the last day of that month. However, if you request or make a reservation for use during the current month, you may use the service from the day we confirm payment for that month, provided you comply with the following matters.
・The usage period for the current month will end at the end of the month and will be counted as one month.
- Calculated as one month from the first day of the next month to the last day of that month.
- Fees shall include those for the current month, and fees and payment conditions shall be in accordance with the provisions of Article 1, Paragraph 2, Items 2 and 3.
3 Presentation of documents
When we receive an application pursuant to the provisions of Paragraph 1, our office may request the presentation of necessary materials for the purpose of confirming that the application does not fall under any of the items in the preceding article.
Article 4 Improvement of usage environment
The Customer shall, at his or her own responsibility and expense, maintain the environment necessary to use the Service.
Article 5 Implementation of this service, etc.
1 Implementation method
This service is performed using a web system such as ZOOM. The customer makes a reservation using the method specified in advance by our office and coordinates the schedule with our office. The client and our office will each prepare their own web systems and start at the scheduled time.
2 Schedule changes, etc.
Customers can change the date and time or cancel using the following methods:
・If it is two business days before the implementation date, please make the change on the "Online Intellectual Property Department" website or the RESERVA (registered trademark of Control Technology Co., Ltd.) website.
・If it is one business day before or on the day of the event, please contact our office by phone.
3 Temporary suspension or suspension
If any of the following apply, our office may temporarily suspend or suspend the use of this service.
① If it is necessary for the operation or maintenance management of this service.
② If the telecommunications carrier's services are not provided or there is a system malfunction.
③ When the load is concentrated on the system due to excessive access or other unexpected factors.
④ If it is difficult to provide this service due to force majeure such as a natural disaster.
⑤ If the operation of this service becomes difficult or impossible due to laws and regulations or measures based thereon.
⑥ In other unavoidable circumstances.
4. Disclaimer
Our office will not be responsible for any damage caused to customers or third parties as a result of the suspension or suspension as described in the preceding paragraph.
Article 6 Obligation to maintain confidentiality
The customer and our office shall not disclose, leak, publish, or perform any similar acts to outside parties any information, data, materials, etc. held by each party regarding this service. However, this does not apply to any of the following cases.
① If the information was publicly known or published at the time of disclosure.
②When permission is obtained from the other party.
③ When receiving an order or request from a court or administrative agency.
Article 7 Attribution of copyright, etc.
The copyright and moral rights of the video or audio during the implementation of this service, materials created by our office, and other copyrighted works belong to our office. However, this excludes materials created by the customer.
Article 8 Prohibited acts
Customers shall not, themselves or a third party, engage in, induce, or encourage any of the following acts.
① Acts that violate or are likely to violate laws and regulations.
② Criminal acts or acts that are likely to be criminal acts.
③ Acts that violate or are likely to violate the terms of this contract or separately agreed upon terms.
④ Acts of providing records of the contents of this service, electromagnetic records, or copies or adaptations thereof to a third party (unless permission is obtained from our office).
⑤ Harassment, slander, damage to trust, obstruction of business, etc. towards our office or a third party.
⑥ Acts that infringe on the intellectual property rights, privacy rights, honor rights, trust, or other rights or interests of our office or a third party, or acts that are likely to do so.
⑦ Acts of impersonating or attempting to impersonate a third party.
⑧Other acts that our office deems inappropriate.
Article 9 Measures against prohibited acts, etc.
1 Measures against prohibited acts, etc.
If any of the following applies or is likely to apply, our office may demand, notify, cancel, cancel without notice, or take other measures against the customer, depending on the severity. can. In this case, our office will not disclose the reason.
① In the case of violation of the provisions of the terms of this contract or separately agreed details.
② If the payment stipulated in Article 1 cannot be confirmed despite our office's reminders.
③ If a bill or check is dishonored.
④ If there is a suspension of transactions at a clearinghouse.
⑤ If there is a petition for provisional seizure, provisional disposition, compulsory execution, or auction, or if there is a disposition for delinquent taxes and public dues.
⑥ If there is a petition for the commencement of bankruptcy proceedings, the commencement of rehabilitation proceedings, the commencement of reorganization proceedings, or the commencement of special liquidation.
⑦ If there is a business license revocation, business suspension, or other administrative disposition by a regulatory agency
⑧ If there is a significant deterioration in financial condition or a decline in creditworthiness.
⑨ If there are other reasons similar to or similar to the preceding items.
2 Effect of cancellation
In the event of cancellation (including cancellation without notice) pursuant to the provisions of the preceding paragraph, the cancellation will only take effect in the future. Termination does not preclude claims for damages.
3. Disclaimer of our office
Our office will not be responsible for any damage caused to you or a third party as a result of the measures set forth in Paragraph 1.
Article 10 Cancellation of contract
1 Cancellation of contract
The client and our office may cancel the contract under Article 3 by notifying the other party. However, if there is an unpaid amount, if the customer wishes to cancel, the condition of cancellation is that the customer promptly pays the full amount, and if our office wishes to cancel, our office shall not be responsible for the cancellation, regardless of whether before or after the cancellation. The full amount must be paid within the period specified by the Company.
2 Effect of cancellation
The provisions of paragraph 2 of the preceding article shall apply mutatis mutandis to the case of the preceding paragraph.
Article 11 Termination and continuation of the contract
1 Continuation of the contract related to the one-time plan
The contract related to the one-time plan specified in Article 1, Paragraph 2, Item 1 shall continue unless there is a notice of termination, cancellation, or other similar reason.
2 Automatic renewal of contract related to subscription plan
The contract for the subscription plan stipulated in Article 1, Paragraph 2, Item 2 shall be concluded three business days before the end of the month in which use begins (in the case of early use as stipulated in the proviso to Article 3, Paragraph 2, Item 2), the contract shall be concluded at the end of the month. Unless the customer notifies our firm of the intention to terminate the contract by 3 business days prior to the date of the contract, the contract will automatically continue for another month, and the same shall apply thereafter. However, this does not apply in the case of cancellation or other similar reasons.
3 Settlement at the end of the contract
If the contract set forth in the preceding two paragraphs is terminated, the fees stipulated in Article 1, Paragraph 2 shall be settled in accordance with the following items.
① In the event that the contract related to the one-time plan set forth in Paragraph 1 is terminated, if the customer has not paid the fee for providing this service, the customer shall promptly pay the fee to our office. .
② If the contract related to the subscription plan set forth in the preceding paragraph is terminated due to notice of termination, cancellation, or other reasons, our office will collect payment in the month in which the contract ends and in the month preceding it, unless there are special circumstances. The amount paid will not be refunded. If you have not paid these fees, you must promptly pay the fees to our office.
Article 12 Compensation for damages
If the other party suffers damage due to one party's violation of the terms of this contract or separately agreed terms, the party who suffered the damage may claim compensation for the damage from the other party. . In this case, the provisions of Article 18 shall apply mutatis mutandis.
Article 13 Elimination of anti-social forces
1. Representation/warranty that you are not an anti-social force
The customer represents and warrants the following items now and in the future.
① The customer or their business partner is not an organized crime group, a company related to an organized crime group, a corporate racketeer, or any other similar corporation or organization, or its members (hereinafter collectively referred to as "anti-social forces").
② The customer's officers, etc. (referring to directors, outside directors, accounting advisors, auditors, accounting auditors, directors, and other persons equivalent to these positions) are not anti-social forces.
③ There is no relationship in which anti-social forces are deemed to be controlling or substantially involved in management.
④ Not in a relationship where it is recognized that the person is involved in providing funds, etc. or providing benefits to anti-social forces.
⑤ There is no other relationship similar to the preceding items.
2. Commitment not to engage in dishonest behavior
The Customer undertakes not to engage in any of the following acts, either by himself or by a third party.
① Threatening or violent demands, or fraudulent acts.
② Unreasonable demands that exceed legal responsibility.
③ Acts that use threatening behavior or violence regarding transactions.
④ Spreading rumors, using fraudulent means or force to damage the credibility of our firm, or interfere with our firm's operations.
⑤Other acts similar to the preceding items.
Article 14 Non-warranty
1. Although we strive to ensure the accuracy of the content of this service, we do not guarantee this.
2. Notifications regarding the URL of the web system, etc. are automatically issued by RESERVA, and our office does not guarantee that we will be responsible for their management.
Article 15 Survival clause
The provisions of Article 6 (obligation to maintain confidentiality) and Article 7 (ownership of copyright, etc.) shall remain in effect even after the termination of the contract, and the provisions of Article 12 (compensation for damages) and Articles 17 to 19 (partly (invalidity, negotiation, governing law and agreed jurisdiction) shall remain in effect until the subject matter ceases to exist.
Article 16 Announcement, revision, change, etc. of the terms and conditions of this contract
1 Announcement, revision, and change of the terms and conditions of this contract
The terms and conditions of this agreement will be posted on the “Online Intellectual Property Department” website. Our firm may revise or change the terms and conditions of the contract by posting them on the website without obtaining the customer's consent.
2 Effective date of revisions and changes
The effective date of the revised or changed terms and conditions will be announced in advance on the "Online Intellectual Property Department" website.
3. Priority of revised/changed contract conditions
If any revision or change in the preceding paragraph contradicts or conflicts with the previous content, the revised or changed content will take precedence and apply unless otherwise specified.
Article 17 Partially invalidated
1 Complete independence
If a specific provision or part of the Terms and Conditions of this Agreement is determined to be invalid by law, etc., the following provisions or parts shall remain in full force and effect, and the provisions determined to be invalid: or portion thereof, laws and regulations such as the Civil Code shall apply.
① If a specific provision is determined to be invalid, provisions other than that provision.
② If part of a specific provision is determined to be invalid, the remaining parts other than that part and other provisions.
2 Relative effectiveness
Even if a specific provision or part of these Terms and Conditions is determined to be invalid in relation to a particular customer, it shall not affect its validity in relation to other customers. .
Article 18 Consultation
In the event that any doubt arises regarding any matter not stipulated in the Terms and Conditions of this Agreement or the provisions of the Terms and Conditions of this Agreement, both parties shall discuss in good faith and endeavor to resolve the matter amicably.
Article 19 Governing law and agreed court of jurisdiction
1 Governing law
Regarding the terms and conditions of this contract and their interpretation, Japanese law shall be the governing law.
2 Exclusive agreed jurisdiction court
For any disputes related to or arising from these terms and conditions, the Osaka District Court or Osaka Summary Court shall have exclusive jurisdiction of the first instance, depending on the amount of the claim.