Terms and Conditions for the NameRobot Naming Service
This site has been translated and merely serves as a supplement to the original German Terms and Conditions, which can be found here. Please note that the only legally binding version of the Terms and Coditions is the German version.
The Naming Service is the NameRobot GmbH (hereinafter " Naming Service " ) provides all deliveries and services solely on the basis of these General Terms and Conditions ( "Terms") . In case of deviating or supplementary agreements - particularly contradictory terms and conditions - is an express , written consent of the NameRobot GmbH necessary. The terms and conditions of the Naming Service are also exclusively when service benefits are provided reservation in knowledge of conflicting terms and conditions of the customer from naming .
The Naming Service provides its clients the following services:
Development of names for companies, brands , products, services, events and other offers and projects.
Domain checks for name suggestions : Here are the domain extensions to be tested ( "top- level domains " ) determined according to the contract scope in advance . The search results will be held which domain extensions are still free or already occupied with a name. Depending on the agreement proposes the naming service only such names for the particular domain extensions are still free. It should be noted here that an unregistered domain does not mean , as a result , that the name is not occupied by another name rights (eg trademarks or company names ) . It may also be that individual domains are falsely "free " is displayed as , for example, because these have not been konnektiviert . The domain checks do not constitute legal advice
Brand identity and similarity searches for the use of selected name suggestions . These are carried out either on their own or in collaboration with specialist branding research providers. The search results include only registered brands and do not use marks and other non- registered mark in databases . The brand research by the naming service or a search service does not constitute legal advice and are only for purposes that do not obviously already existing name rights are overlooked. A further review by a lawyer but can not replace .
The customer must ensure that the chosen name does not infringe any right of third parties . For this purpose , a subsequent audit or brand - registration can be commissioned in collaboration with a lawyer .
In addition, the Naming Service provides in-house or working with other service providers of voice and impact tests of names and the creation of slogans , advertising text , translations , logos , websites and other services in the field of marketing and communication.
The exact contractual services resulting from the respective offer and the order confirmation.
Upon receipt of a commission on the Naming Service order form, the customer receives an order confirmation in the payment details are stored. After receiving the order amount of the Naming Service starts with the processing of the order .
After commissioning is first effected briefing. To this end, the customer receives access to an Internet questionnaire that he has to fill in as much detail as possible. The customer has the opportunity to express specific wishes and their own proposals. However, the customer's proposals do not affect the amount of compensation . Should any questions not answered sufficiently , then the Naming Service will consult them to the customer. In a briefing insufficient , the Naming Service holds the right to cancel individual orders.
The Naming Service provides the customer within the agreed time frame laid down in the commission . If the preparation of various proposals agreed, the customer will receive a list of the agreed number of proposals . This is him as . Pdf in a common format , put into Office formats or via a link in his account available. Find the customer is not deemed appropriate name , so it provides the naming service depending on the agreement a list of other proposals.
A third suggestion list is provided only by special agreement and against additional remuneration . This also applies in the event that the customer has indeed selected a proposal , but he , for legal or other reasons, can not use this .
The Naming Service undertakes to treat as confidential all business and trade secrets or other knowledge of confidential business transactions or documents of the customers who have become known to him through his work for the customer or that he has received and also after termination of this Agreement , neither communicated to exploit yet another person. In addition, the Naming Service will inform all its employees and other agents and third parties attributable to him about this commitment and undertake to comply .
The customer may From the designations proposed in the job, select a name and , after full payment of the agreed fee , to take full advantage within the agreed use and transfer this right to third parties. Should the customer wish to use additional names for other projects , it shall notify them to the naming service and paid a digit corresponding remuneration 9.3. After full payment of the compensation , the customer is entitled , as agreed to use the or the selected name. This also applies when a name or a supply of services is paid by the client in a modified form , for example, by omitting , adding or changing individual words or letters ; through the use of synonyms , antonyms, or any other language , by the alteration of individual words or word parts such as in terms of time , assets / liabilities, parts of speech (noun , verb , adjective , etc.).
The customer agrees , neither for those names that have been suggested to him by the Naming Service , but not selected by it or their use was not shown to the Naming Service or communicated to third parties. This also applies for names written in a modified form as in § 6.1.
The Customer warrants that he is the owner of all necessary for the implementation of this Agreement copyrights, rights of use and other rights to the materials and information made available by him . Should not he be entitled to use against this insurance , the customer exempts the naming service from all third party claims including costs of legal defense.
The performance of the Naming Service is to be removed by the customer. If the decrease in performance is not within a period of 21 days after delivery, the service shall be deemed accepted . A second proposal round is then no longer possible.
Acceptance may not be refused on design-related artistic reasons . Under the contract , there is freedom .
8 Participation / appointment of third parties
If needed, the Naming Service is authorized to use specialized third parties for the execution of the order .
It is the agreed mode of payment for the order . There is a fee proposal , that is, the remuneration is in each case in advance and independent of the choice of a name candidate due.
All agreed fees shall also be fully charged if the customer does not use the naming service developed by the proposals.
Unless otherwise agreed, the scope of services covers the selection and use of a proposed by the Naming Service name. Prefer the use of another proposed name customer , for other projects , falls to an additional fee of 50% of the agreed fee.
The Naming Service is entitled to refer to the created by him and used by the customer name as a reference . This also applies when a work is done by the customer in a modified form (see 6.1).
The Naming Service is liable for damage caused intentionally or by gross negligence by him or one of its agents or legal representatives . In case of damage arising from injury to life, body or health , liability is even for a simple breach of duty Naming Service or one of its legal representatives or vicarious agents of unlimited. Similarly, the upper limit to the liability for damages that are due to serious organizational fault of the Naming Service , and for any damage caused by the lack of a guaranteed quality .
Unless engaged clause 11.1 , the Naming Service of essential contractual obligations, the height shall be liable for the injury shall be limited to the typically foreseeable damage. The maximum liability is also in other cases than those of clause 11.1 , limited to the amount payable by the customer compensation.
The naming service does not guarantee that the services provided by third parties and the information it contains accurate and up- to-date or are suitable for certain purposes intended by the customer . For damages caused by a faulty processing of the information provided , the Naming Service is not responsible. This also applies to the domain checks and trademark searches referred to in § 2.2 and 2.3.
A liability for the competition and trademark legal admissibility and eligibility for protection of the work is not accepted by the Naming Service . Furthermore, we do not guarantee that a name in a language , a dialect or in a country or a region causes unwanted associations or has other undesirable properties.
Of the customer, based on injury to life , body , health or freedom claims, statute of limitations , regardless of their origin and the knowledge or grossly negligent lack of five years from the commission of the act, breach of duty or the other , the damage -causing event to . Other claims of the customer , other than those arising out of warranty, fraudulent misrepresentation or any willful act, shall expire in six months.
12 Termination of the contract
A termination of the contract is permitted only for good cause and must be in writing .
13 Final provisions
If any provision of this Agreement prove to be invalid, the validity of the remaining provisions shall not be affected . An invalid provision shall be replaced by the contractor by a valid one which comes as close as possible to the objective pursued .
Changes and additions to these Terms and Conditions must be in writing.
German law applies . Place of jurisdiction and place of performance , to the extent permitted by law, Munich.
Information about the owner :