Protection of intellectual property rights
QS Avantiq AG is a company registered in Switzerland. The name “Avantiq” is used as company name worldwide and protected as a registered trademark. “INSPIRO,” “Global 40+,” “Top 5 EU,” and “Euro27” are also registered trademarks of Avantiq®.
The intellectual property rights in the Avantiq databases and in all other data compilations, documents and other derivatives provided by Avantiq either belong to Avantiq or its partners and licensors.
Avantiq expects all customers, companies or persons using the Avantiq service, either directly or indirectly, to respect the intellectual property rights of Avantiq, its partners and its licensors and to include the names of the holders of the respective intellectual property rights (may this be Avantiq, one of its partners or licensors) on all documents (no matter whether as a hard copy or in electronic form) according to the instructions of Avantiq and to the indications contained in the respective data, so that the ownership of the respective rights—concerning the databases and data made available as well as the execution of searches and distribution of data are always clearly discernable. Copyright notations or other information relating to existing rights of third parties or those of Avantiq may not in any case be removed or modified.
All information and search reports provided by Avantiq are for the exclusive use of the designated Avantiq customer, companies or persons using the Avantiq service. Such data may only be copied as far as necessary in the normal course of business. Except otherwise provided in a written contract with Avantiq, customers are neither allowed to resell any data delivered by Avantiq nor to compile their own database from the data received from the results of Avantiq’s online and offline searches conducted through Avantiq and in the Avantiq databases.
In its price list Avantiq offers normal and express delivery times. Faster processing times are possible upon request and will be charged accordingly. In any case Avantiq will confirm the agreed price and delivery time to the client before carrying out the search.
The first day of the delivery time is considered to begin on the business day following receipt of the order.
Avantiq undertakes every effort to provide its customers with the search results by the deadline indicated in the price list. However, these delivery times are only estimations, therefore Avantiq cannot accept any responsibility for late delivery.
Avantiq delivers its search reports in electronic form via e-mail or directly into INSPIRO®, Avantiq’s web-based search system. If the client wishes to have the report delivered by post or special courier, Avantiq must be informed. Avantiq retains the right to raise fees if the client chooses to have its report delivered by special courier. Fax delivery is possible upon request and will be charged if the report exceeds 15 pages.
Avantiq accepts no responsibility for any communication failures and delays due to postal, telecommunication or technological services or courier companies entrusted with the delivery of the search results.
Payments are due within 30 days after receipt of the invoice, unless prior arrangements have been made with Avantiq. Penalty interest at 1.25% per month will be automatically charged for all late payments.
The official currency of Avantiq is the Euro; payments in other currencies are possible upon request.
All searches conducted using Avantiq’s own databases show the goods and services in both the original language and in automatically-translated English. All searches conducted using PTO-hosted data show the goods and services in the language provided by the original source.
All searches conducted by Avantiq’s local associates show the goods and services translated into English by that associate. Avantiq offers goods and services translations of its reports into other languages conducted by professional human translators with experience in the IP field. Avantiq cannot be made liable for the quality of the work of its external translators, but only for due care in selection and instruction of the respective translators.
Avantiq’s online databases are compiled with the utmost precision and are generally accurate and comprehensive. However, all information contained in these databases is originally taken from official records which are themselves compiled by third parties. Avantiq therefore cannot accept any liability for the quality of this information.
Each offline search is handled by Avantiq with the greatest care. However, Avantiq cannot guarantee the completeness and accuracy of its search reports produced, which are subject to a number of uncertainties of legal, technical and personal nature. Avantiq must therefore deny all liability for the results of the searches.
The order of presentation of the online and offline search results is based on certain technical preconditions and/or personal experience.
This order is, however, of no legal relevance and requires the client’s own judgement.
Avantiq provides search services only, and does not provide any legal opinions or legal advice. Legal opinions, as part of the comprehensive and legal searches, are provided by external law firms and are based on the experience and knowledge of the respective authors. By ordering a comprehensive and legal search, the customer authorizes Avantiq to liaise with independent law firms in order to obtain the legal opinions sought. Avantiq only forwards such opinions to the client and can only be held liable for due care in selection and instruction of the respective law firm. For the legal opinions provided, General Conditions and Disclaimers of each local associate apply.
Avantiq accepts no responsibility for delays or errors caused by force majeure, including but not limited to acts of public authorities, storms, political unrest, social disorder, computer or technological breakdowns or failures and/or any negligent acts of third parties.
Governing law and jurisdictions
The General Conditions and all contracts or orders, to which they are applicable, shall be interpreted and construed according to and governed by the laws of Switzerland. The courts of Zurich shall have exclusive jurisdiction.