Celebrating Empowerment & Style
This Agreement for design services is between THE CROWN™ COMPANY in the "Jurisdiction of the Cook Islands, New Zealand, Australia, Global," and Crown ("Client") at PO Box 7310 Wilberforce NSW [2756], for the performance of the services described in the proposal sent to Client on ("Proposal"). The parties therefore agree as follows:
TERMS AND CONDITIONS
1. DEFINITIONS
As used herein and throughout this Agreement:
1.1 Agreement means the entire content of this Basic Terms and Conditions document, the Proposal document(s), Schedule A, together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.
1.2 Client Content means all materials, information, photography, writings and other creative content provided by Client for use in the preparation of and/or incorporation in the Deliverables.
1.3 Copyrights means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under the laws of the Jurisdictional Locale.
1.4 Deliverables means the services and work product specified in the Proposal to be delivered by Provider to the Client, in the form and media specified in the Proposal.
1.5 Design Tools means all design tools developed and/or utilised by Provider in performing the Services, including without limitation preexisting and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, navigational and functional elements.
1.6 Final Art means all creative content developed or created by Provider, or commissioned by Provider, exclusively for the Project
and incorporated into and delivered as part of the Final Deliverables, including and by way of example, not limitation, any and all visual designs, visual elements, graphic design, illustration, photography, animation, sounds, typographic treatments and text, modifications to Client Content, and Provider’s selection, arrangement and coordination of such elements together with Client Content and/or Third Party Materials.
1.7 Final Deliverables means the final versions of Deliverables provided by Provider and accepted by Client.
1.8 Preliminary Works means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by Provider and which may or may not be shown and or delivered to Client for consideration but do not form part of the Final Art.
1.9 Project means the scope and purpose of the Client’s identified usage of the work product as described in the Proposal.
TRADEMARK REGISTERED
The CROWN TRADEMARK is a brand, product and services business establishment which offers high quality clothing to prospective consumers located in New Zealand, Australia and Globally. The trademark was registered with New Zealand Intellectual Property Office on 3rd May 2022 incorporated and the mark has been used throughout the New Zealand, Australia and Globally as its brand name since that time. Since date of trademark inception 2nd November2021, our client has used the trademark name throughout the advertising of the brand products and services in the global community including through its website THE CROWN COMPANY at http://www.tecrownco.com/#/ which the trademark registered its domain name on 21st December 2021. This has resulted for the general public to recognise the CROWN TRADEMARK brand name through delivering and presenting high quality clothing and services to customers. CROWN TRADEMARK received an infringement notice which was a breach of intellectual property in the past month of April which was a breach of the trademark and intellectual property.The use of the trademark without approval on any documents, bills, invoices, collections, statements and/or enforcement systems has resulted in this written cease and desist letter that is causing confusion for the CROWN IRREVOCABLE TRUST & TRUSTEES.
VIOLATION OF THE CROWN TRADEMARK
In the event that the CROWN TRADEMARK IS USED, our terms and conditions invoke intellectual property law resulting in damages 15 U.S. Code § 1117 - Recovery for violation of rights, (1) not less than $1,000 or more than $200,000 per counterfeit trademark per type of goods or services usage, as the court considers; or (2) if the court finds that the use of the counterfeit trademark was wilful, not more than $2,000,000 per counterfeit trademark per type of goods or services usage, per infringement, as the court considers just.
This Agreement for design services is between THE CROWN™ COMPANY in the "Jurisdiction of the Cook Islands, New Zealand, Australia, Global," and Crown ("Client") at PO Box 7310 Wilberforce NSW [2756], for the performance of the services described in the proposal sent to Client on ("Proposal"). The parties therefore agree as follows:
TERMS AND CONDITIONS
1. DEFINITIONS
As used herein and throughout this Agreement:
1.1 Agreement means the entire content of this Basic Terms and Conditions document, the Proposal document(s), Schedule A, together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.
1.2 Client Content means all materials, information, photography, writings and other creative content provided by Client for use in the preparation of and/or incorporation in the Deliverables.
1.3 Copyrights means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under the laws of the Jurisdictional Locale.
1.4 Deliverables means the services and work product specified in the Proposal to be delivered by Provider to the Client, in the form and media specified in the Proposal.
1.5 Design Tools means all design tools developed and/or utilised by Provider in performing the Services, including without limitation preexisting and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, navigational and functional elements.
1.6 Final Art means all creative content developed or created by Provider, or commissioned by Provider, exclusively for the Project
and incorporated into and delivered as part of the Final Deliverables, including and by way of example, not limitation, any and all visual designs, visual elements, graphic design, illustration, photography, animation, sounds, typographic treatments and text, modifications to Client Content, and Provider’s selection, arrangement and coordination of such elements together with Client Content and/or Third Party Materials.
1.7 Final Deliverables means the final versions of Deliverables provided by Provider and accepted by Client.
1.8 Preliminary Works means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by Provider and which may or may not be shown and or delivered to Client for consideration but do not form part of the Final Art.
1.9 Project means the scope and purpose of the Client’s identified usage of the work product as described in the Proposal.
TRADEMARK REGISTERED
The CROWN TRADEMARK is a brand, product and services business establishment which offers high quality clothing to prospective consumers located in New Zealand, Australia and Globally. The trademark was registered with New Zealand Intellectual Property Office on 3rd May 2022 incorporated and the mark has been used throughout the New Zealand, Australia and Globally as its brand name since that time. Since date of trademark inception 2nd November2021, our client has used the trademark name throughout the advertising of the brand products and services in the global community including through its website THE CROWN COMPANY at http://www.tecrownco.com/#/ which the trademark registered its domain name on 21st December 2021. This has resulted for the general public to recognise the CROWN TRADEMARK brand name through delivering and presenting high quality clothing and services to customers. CROWN TRADEMARK received an infringement notice which was a breach of intellectual property in the past month of April which was a breach of the trademark and intellectual property.The use of the trademark without approval on any documents, bills, invoices, collections, statements and/or enforcement systems has resulted in this written cease and desist letter that is causing confusion for the CROWN IRREVOCABLE TRUST & TRUSTEES.
VIOLATION OF THE CROWN TRADEMARK
In the event that the CROWN TRADEMARK IS USED, our terms and conditions invoke intellectual property law resulting in damages 15 U.S. Code § 1117 - Recovery for violation of rights, (1) not less than $1,000 or more than $200,000 per counterfeit trademark per type of goods or services usage, as the court considers; or (2) if the court finds that the use of the counterfeit trademark was wilful, not more than $2,000,000 per counterfeit trademark per type of goods or services usage, per infringement, as the court considers just.