Initial Consultation Terms and Conditions

1. Purpose of Free Initial Consultation
This service provides a free 15 minute free preliminary consultation with a specialist Trade Mark Attorney.
The consultation service can provide advice on how to apply for a trade mark, the process of applying for a trademark and how to engage Us to represent you to apply for a Trademark in Australia and other international global territories only.
At the conclusion of this initial consultation, we can provide you cost estimates to complete a Brand Clearance Report or to apply for a trade mark.
This level of consultation is usually sufficient for You to gain an initial overview of how the trade mark system can best be used to support Your business objectives including a range of suitable options, timelines and indicative costs.

2. Scope of these Terms
It is our goal to provide excellent service to you and your business. The purpose of this agreement is to set out the standard terms of the initial consultation. If you have any queries about these terms, you should clarify them with us before proceeding and this initial consultation accepted on the basis that you have read, understood and accepted these Terms.

3. Initial Consultation Terms
This document sets out the terms upon which we consult with our You. We means Untapped Agency ABN 77149929199 and You means the Recipient of this agreement.
Upon acceptance, you agree to discuss your brand and business operations on these terms.

4. Confidentiality
It is understood that the below identified discloser of confidential information may provide certain information that is and must be kept confidential. To preserve any confidentiality necessary, it is agreed that:
– The Confidential Information to be disclosed can be described as and includes all, brands and business information relating to proprietary ideas, customers, clients and marketing.
– The Recipient, Us, shall limit disclosure of Confidential Information within its own organisation to its directors, officers, partners, members, employees and/or independent contractors (collectively referred to as “affiliates”) having a need to know. The Recipient and affiliates will not disclose the confidential information obtained from the discloser unless required to do so by law.
– This Agreement imposes no obligation upon Recipient with respect to any Confidential Information (a) that was in Recipient’s possession before receipt from Discloser; (b) is or becomes a matter of public knowledge through no fault of Recipient; (c) is rightfully received by Recipient from a third party not owing a duty of confidentiality to the Discloser; (d) is disclosed without a duty of confidentiality to a third party by, or with the authorisation of, Discloser; or (e) is independently derived by Recipient.
– This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information. Any addition or modification to this Agreement must be made in writing and signed by the parties.
– Unless otherwise agreed in writing, this agreement terminates in 60 days, should you not engage our services. On termination, the Recipient will have no rights whatsoever to use the confidential information for any purpose. As requested by the Owner, the Recipient will return, destroy or delete all materials provided under this agreement.
– The parties also acknowledge that they have read and understand this Agreement and voluntarily accept the duties and obligations.

5. No Engagement
This is a consultation only. You may engage us after this consultation to perform Trade Mark Attorney services. A new contract to engage Us will be presented to You which you may execute.

6. Limit of Liability
We do not accept liability for any loss or damage caused by negligence, non-performance, advice or breach of duty in our initial consultation.

7. Privacy
We are required and committed to protecting your personal information in accordance with the Australian Privacy Principles (APPs), which are contained in schedule 1 of the Privacy Act 1988.
At all times we will seek to maintain the confidentiality of your information. However, we may be permitted or required by law to disclose confidential information. We may also, on a confidential basis, provide your information to third parties where we consider it is appropriate for the proper conduct of your matter.
We may send you and other staff newsletters, updates and other information in relation to intellectual property matters and our services. You may opt out at any time.

8. Documents
We may retain copies of any documents or materials that you provide to us. You authorise us to destroy your documents and our files relating to your matters that are no longer current.

9. Governing Law
These terms are governed by the laws of Queensland.

10. No Variations
Any variation to these terms must be agreed in writing.