IBCS-Anchored | Terms & Conditions
An introductory offer from IBCS-Anchored includes the above Anchor Mark, with a Certificate for the first year Free of Charge. In the following years, the licensed partner must pay to the licensor annually a fee amount of €49,00 EUR per Anchor Mark for the right to use the acquired Anchor Mark on its website or and other material. If the owner does not receive the payment from the licensed partner, the image or images may no longer be used. The licensee will be informed about all non-renewed licensed partners on a yearly basis. The licensee must remove the image or images from view on the licensee’s website within 30 days following the information from the owner.
Rights and Obligations: The owner owns all proprietary rights and all copyrights attached to the Anchor Marks as well as any other rights, which may not be detailed in this agreement.
Credit/Acknowledgement of the owner’s name and website URL https://www.ibcs-anchored.org must be given when the symbols are published on the website of the licensee. The symbols may not be used or published beside on the website of the licensee before written authorization by the owner. Any authorization is given only subject Credit/Acknowledgement of the owner’s name and website URL https://www.ibcs-anchored.org. The owner shall not be obliged to defend the symbols against infringement, to extend them in time or to take other precautions to maintain their existence. The owner shall reserve the sole right to defend himself against infringements in connection with his symbols by any Third Party. He may, at his discretion, authorize the licensee to pursue infringements on a case-by-case basis. The licensee agrees to apply due care and diligence of a prudent businessman in order to protect the reputation of the Anchor Mark. The licensee confirms to comply with the terms and conditions of this agreement. The licensee is not permitted to sell and /or redistribute these Anchor Mark. The licensee agrees not to invent and/or apply for registration of any Anchor Mark similar to those of the owner.
Modification: The licensee may not modify or change the symbols in any manner (this includes in particular but not conclusively: to crop and/or electronically alter the images).
Payment: Payments will be demanded yearly in the agreement between the charter operator and IBCS-Anchored in cooperation with Sail Charter International GmbH.
Indemnity: The licensee indemnifies and holds harmless the owner against all losses, claims, liability, damages, penalties, injuries, costs and expenses stemming from a breach of this agreement, the use of the Anchor Marks, your failure to abide by any restriction regarding the use of the Anchor Mark, or any claim by a third party related to the use of the Anchor Mark.
Warranty and Liability: These Anchor Marks are provided and accepted by the licensee “as is” with no warranty regarding the suitability of the Anchor Mark for any purpose. The owner is not liable to the client or any person or entity for direct, indirect, special, incidental or consequential damages, costs or losses stemming from any usage of these Anchor Mark. The owner shall not provide any warranty or be liable if the Anchor Mark cease to exist at a later point in time.
Transfer of rights: The licensee shall not have the right to assign its interests in this agreement to any other party, unless the prior written consent of the owner is obtained.
Agreement on jurisdiction and applicable law: This agreement shall be governed by and construed in accordance with the Austrian laws excluding law rules to the private international law and excluding provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
IBCS-Anchored | Terms & Conditions
The owner and the licensees agree that any dispute arising out of or in connection with this agreement including disputes in respect of the valid conclusion and the advance effect and the aftermath of this agreement, shall be exclusively jurisdiction of the competence of courts in Vienna Austria.
Severability: If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. This agreement contains the entire agreement of both parties and there are no other promises or conditions in any other agreement installed in respect of exclusivity whether oral or written. This agreement supersedes any prior written or oral agreements between the owner and the licensee.
Rules of Interpretation: In case of questions in respect of interpretation of this agreement, following the will of the parties the following rules of interpretation should become applicable:
a) References within this agreement to contracts, documents, laws or norms are at all times referring to the version valid at the time of conclusion of this agreement, unless otherwise agreed in this agreement.
b) Headings serve merely the purpose of better legibility and better clarity and should not be consulted for interpretation.
This document provides Terms & Conditions and outline product specifics for:
A. The Skippers at Anchor Standards Verification self-assessment certificate.
B. The Skippers Standards Manual
C. The IBCS “Anchor Mark” (logos and icons): ownership, title and use
D. The IBCS Client Complaint Policy and Procedure