General Terms and Conditions of Sale

These terms and conditions govern the sale of the takedown service offered by RAISE UP AGENCY on the website legalbrandguard.com.

The service is reserved for professionals acting within the scope of their business activity and holding a registered trademark. It is not intended for consumers.

For a domain name designated by the client, the operator itself carries out the takedown process. It comprises:

• identification of the registrar, the hosting provider, and their published abuse reporting addresses;
• a timestamped technical record (DNS resolution, name servers, creation date);
• drafting and sending, on the client’s behalf, a formal notice constituting a notification within the meaning of Article 16 of Regulation (EU) 2022/2065 on a Single Market For Digital Services (Digital Services Act);
• the follow-ups and escalations provided for by the operator’s processing sequence, with the technical intermediaries, regulatory authorities, security vendors and platforms concerned;
• monitoring the actual status of the domain until the case is closed.

The service does not include any judicial proceedings, any extrajudicial proceedings of the UDRP type, or any representation before a court.

Notifications and reports are sent to third parties in the client’s name. By confirming an order, the client grants the operator an express power of attorney for this sole purpose.

This power of attorney is:

• limited to the domain name designated in the order and to the trademark selected in the register by the client;
• special: it covers only the sending of notifications and reports to registrars, hosting providers, security vendors, platforms and competent authorities;
• revocable at any time, free of charge and without notice, by simple written request sent to contact@legalbrandguard.com.

The client remains the holder of the rights invoked and is responsible for its representations. The operator acts on the basis of those representations and of the verification of the INPI register (the French National Institute of Industrial Property); it makes no legal assessment of the client’s rights.

The date of acceptance, the client’s IP address fingerprint, and the version of the text accepted are retained, in order to establish under which power of attorney the operator acted.

The price is 99 € excluding VAT per case file, VAT to be added at the rate in force. Payment is made online by credit card via Stripe. The operator never has access to the client’s payment data.

The process is initiated once payment is confirmed. The client accesses a tracking page via a unique link provided to them, showing the actual status of the domain and the actions taken.

It is the client’s responsibility to keep this link. The operator may resend it on request to the email address used when placing the order.

The operator undertakes that the designated website will become inaccessible within 30 calendar days from confirmation of payment.

Definition. The website is deemed inaccessible once the designated domain name no longer allows access to the infringing content, regardless of the cause: suspension by the registrar or the registry, deletion of the domain name, absence of DNS resolution, interruption of the service by the hosting provider, or takedown by the website operator.

Finding. Inaccessibility is established by the operator by means of an automated technical check covering the domain name’s registration, its resolution and the website’s actual accessibility. The finding is dated, retained, and communicated to the client on request. It is sufficient for the condition to be met at any point during the period; this finding ends the guarantee.

Failing that. If inaccessibility is not established by the end of the period, the client obtains a full refund of the price paid, upon simple request sent to contact@legalbrandguard.com, within fourteen days of that request.

The guarantee does not apply where:

• the information provided by the client proves inaccurate, or the trademark relied upon has expired or been cancelled;
• the client has revoked its power of attorney before the end of the period;
• the client has, in parallel, initiated a UDRP or judicial proceeding on the same domain that requires the operator to halt its process;
• the client expressly requests that processing of its case file be suspended.

The refund constitutes the sole remedy due under this guarantee, to the exclusion of any other compensation.

As the service is provided to professionals, the right of withdrawal provided for in Articles L221-18 et seq. of the French Consumer Code does not apply.

By confirming an order, the client expressly requests immediate performance of the service. Except in the case of the guarantee provided for in Section 6, the price is not refundable once the process has been initiated.

The client warrants that it:

• holds the trademark invoked, or is duly authorized to act on its behalf;
• the information provided (trademark registration, identity, address) is accurate and up to date;
• has verified that the targeted domain does in fact infringe its rights before requesting that the process be initiated.

This last point is essential. The service detects domains similar to a trademark; some belong to entirely legitimate third parties. The operator acts on the client’s designation: it is the client who identifies the domain to be targeted, and its representation that founds the process.

A notification sent on the basis of an inaccurate representation engages the client’s liability, including towards the website reported.

Outside of the guarantee provided for in Section 6, the operator is bound by an obligation of means. It does not guarantee any particular decision by a registrar, a registry, a hosting provider or a platform: those decisions belong to them alone.

Technical data comes from public sources (RDAP, WHOIS, DNS, certificate transparency logs). The operator cannot be held liable for their unavailability or inaccuracy at the source.

The operator’s liability shall not exceed the amount actually paid by the client for the case file concerned.

The processing of data is described in the privacy policy.

These terms and conditions are governed by French law. Failing an amicable resolution, any dispute shall fall within the jurisdiction of the courts having authority over the operator’s registered office.