Innovate Product Design Ltd (INNOVATE) – Terms

Innovate Product Design Ltd (INNOVATE) – Terms

  • 1.1 TERMS OF SERVICE: Innovate provide commercially focussed and generalised information and opinion about successfully working within the existing legal framework of intellectual property, patents and patent law; which should in no way be viewed or construed as legal advice.  Advisors at Innovate are not and will not be lawyers unless this is specifically stated, so we advise you to contact a specialised intellectual property lawyer if you feel you need specific legal information and tactical advice.  Where contracting with INNOVATE in a business to business capacity you are not subject to consumer protection and should take legal advice if you have concerns.
  • 1.2.CONSUMER PROTECTION: Please note you are contracting with INNOVATE in a business to business capacity and this is a commercial contract not subject to consumer protection.  You are advised to take legal advice if you have concerns over any of its contents.
  • 1.3 INNOVATE’S BUSINESS MODEL: INNOVATE help clients discover whether their concepts, ideas or inventions have value and could lead to commercial success. INNOVATE provide a process for helping clients reduce the amounts at risk involved in idea commercialisation.  The process is broken down into independent stages which are adapted from industry-wide practices, with bespoke design-led first-filing patent services, enabling clients to seek third-party opinion before further progression.  Pre-design patent research is often advised as a very useful first stage to inform later stages, it is not therefore exhaustive or a final answer on patentability.
  • 1.4 OWNERSHIP: All good design work is a creative process and a matter of opinion.  As all work is owned and guided by you, subject to your approval, and dependent on your interpretation of all previous stages, INNOVATE cannot guarantee the future commercial or intellectual property success of your concept, idea or invention.
  • 1.5 LIABILITY: INNOVATE’s liability for each contractual stage of the design work is limited to the fees paid for that stage.  Each contractual stage is independent, and final approval of prior stages is confirmed by your undertaking the next stage. Neither party is bound to continue to the following stage.  Carefully check all aspects of the design and functionality during and after each stage, as by paying the final instalment for each stage you assume all responsibility for technical, design and commercial feasibility.  At the end of each stage you may discontinue INNOVATE services and the appropriate CAD data will be made available.  External work in the project (i.e. work not undertaken by Innovate) thereafter is your responsibility alone.
  • 1.6 EXTENT OF ADVICE: The work INNOVATE provide to you is based on professional opinion and personal experience and is liable to include approximation or estimation.  Third party help is advised with regards to legal or safety requirements.
  • 1.7 TIMING: INNOVATE fully intend to meet all deadlines offered at all stages however if significant changes are made to the scope or details of your project, delays may be unavoidable.  INNOVATE will endeavour to meet deadlines set but where delays are unavoidable no party can be held liable for third party losses.
  • 1.8 INTELLECTUAL PROPERTY: (1) Any applicability of pre-existing intellectual property is your sole responsibility, and (2) Any pre-design research is subject to your interpretation and later design work cannot be viewed as INNOVATE’s advice regarding: (a) the likelihood of obtaining patent protection, or (b) any warranty of non-infringement from commercialization of your idea.
  • 1.9 PROTOTYPES: Prototypes may be commissioned after any stage to demonstrate the Concept’s development at that stage.  As bespoke goods the 14 day cancellation period does not apply.
  • 1.10 JURISDICTION: Any dispute is subject to the laws of England and Wales.

FURTHER TERMS PURSUANT TO The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SCHEDULE 2:

(p) the trader is under a legal duty to supply goods that are in conformity with the contract.