Terms and Conditions – WIPO Wallet (formerly WIPO Wallet)

1. How to open a WIPO Wallet - requirements to be met

A WIPO Wallet can only be opened once all required documentation and the initial deposit have been received by WIPO. In order to open a WIPO Wallet you must first open a WIPO Account (by accessing the following link: Create WIPO Account), then you must:

• use the Webform Request to open a WIPO Wallet and attach a copy of a proof of identification (that is, a copy of an official document attesting the existence of the company/organization in its country of domicile or a copy of a passport for individuals) (please see Annex I for the list of documents accepted). Documents must be submitted in English or French. WIPO reserves the right to require any further documentation in order to combat money-laundering, fraud and other prohibited acts.
• deposit an initial amount of at least 200 CHF with the reference: "To open a WIPO Wallet". WIPO's bank account details are shown in section 5 below.

2. Administration of WIPO Wallet

2.1 WIPO Wallet will be maintained in Swiss francs (CHF) only, at WIPO headquarters in Geneva, Switzerland. Except if otherwise authorized by WIPO, only one WIPO Wallet may be opened per customer.

2.2 No administration or management fees will be incurred in relation to the management for WIPO Wallet in good standing.

2.3 WIPO reserves the right to charge fees for expenses incurred should WIPO Wallet become overdrawn, or where the wallet holder becomes involved in litigation, or requires printing of statements and/or postal services.

2.4 WIPO Wallet does not earn interest.

2.5 WIPO Wallet credentials will be provided once the wallet is opened in order to consult WIPO Wallet and to authorize payments. WIPO Wallet credentials may subsequently be synchronized ("linked") by the customer to a WIPO Account for simplification of online payments.

2.6 WIPO Wallet holder may authorize others (representatives, subsidiaries etc.) to use their WIPO Wallet.

Two distinct roles may be authorized to pay, access, or manage the WIPO Wallet:

• Focal Point: authorized to administer the WIPO Wallet on behalf of the holder, including paying fees, managing account settings, notifications, contact details, and authorizing or revoking Focal Point and/or Viewer access, closing WIPO Wallet.
• Viewer: authorized to pay fees, consult WIPO Wallet information and activity, with rights allocated at the discretion of the Focal Point.

It is the responsibility of the WIPO Wallet holder to monitor these authorizations and any resulting transactions. The WIPO Wallet holder shall be responsible for any damages arising out of, or in connection with, the disclosure of their credentials to any other person. The WIPO Wallet holder will notify WIPO immediately of any unauthorized use of their credentials as soon as they are aware thereof.

2.7 All transactions, reports and statements will be delivered and processed electronically. The holder is therefore required to maintain a valid email address for correspondence, important notifications and wallet statements.

2.8 WIPO will provide WIPO Wallet holders with the option to enable automatic wallet top-up notifications. WIPO Wallet holders will be able to choose the minimum balance of their wallet below which they will receive an automated email notification of their balance. This notification is for informational purposes and is intended to help WIPO Wallet holders ensure that their wallet balance does not fall below the minimum balance required to carry out transactions and to keep their WIPO Wallet active.

3. Conditions of operation of WIPO Wallet

3.1 WIPO Wallet will be opened only after receipt of the initial deposit and of any documents required (see Section 1). Upon opening, the WIPO Wallet number will be communicated by email. The WIPO Wallet number must be referenced in all future payments, bank transfers and requests for services.

3.2 A minimum balance of at least CHF 200.00 must be maintained at all times in WIPO Wallet.

3.3 Debits will be reflected in the WIPO Wallet at the time the request is processed within WIPO, provided sufficient funds are available in the WIPO Wallet.

3.4 WIPO Wallet holders may download their monthly statements online. The WIPO Wallet balance and transaction history can be viewed online using the wallet credentials provided at the time of opening the WIPO Wallet or a valid linked WIPO Account.

3.5 The WIPO Wallet holder must inform WIPO of any error noted as soon as possible, and, in any event, no later than 6 months after the date on which the corresponding monthly statement became available online.

3.6 For funds deposited into the WIPO Wallet, WIPO will send an email receipt within 10 days of the processing date.

3.7 Dormant wallets with balances of less than CHF 200.00 in value and/or which have not been used for 2 years or more are subject to closing at the discretion of WIPO (see section 8 for refunds).

3.8 WIPO reserves the right to refuse any payment into, or from, a WIPO Wallet which does not comply with any terms and conditions of this document.

4. Payments into the WIPO Wallet

4.1 Payment of the initial deposit and all subsequent payments replenishing the WIPO Wallet should be made in Swiss francs. If payment is made in a currency other than Swiss francs, it may be accepted provided that the payment is made to WIPO's CHF bank or postal account and the currency in question is freely convertible into Swiss francs. The amount of the payment will be converted into Swiss francs at the bank's exchange rate and credited to the WIPO Wallet. WIPO does not accept any responsibility for any funds shortfall arising from such a bank conversion. Any payment made into a bank account maintained by WIPO in a currency other than Swiss francs will be returned.

4.2 Payments into the WIPO Wallet are to be made by bank or postal transfer to WIPO's designated CHF accounts as detailed in Section 5. Bank or postal transfer is the preferred and recommended method for replenishing the WIPO Wallet.

4.3 The WIPO Wallet holder must ensure that the WIPO Wallet is sufficiently funded at all times. Funding must be made by means of single lump sum payments, on the basis of the level of activity forecast for the wallet by the WIPO Wallet holder. The WIPO Wallet should not be replenished by multiple payments where each amount corresponds to an individual transaction debited to the wallet.

4.4 ll payments (except for the initial payment to open the WIPO Wallet) must state as purpose/reference of payment the WIPO Wallet NUMBER.
Example Ref. CA 123456.

4.5 Any payment received in Swiss Francs by WIPO following the opening of a WIPO Wallet will automatically be credited to the holder's WIPO Wallet. Such a payment is considered as replenishment of the WIPO Wallet. Any payment by a customer holding a WIPO Wallet which lacks the wallet number may be subject to delays (or return) before it can be credited to the WIPO Wallet. WIPO invoices or requests for payment, cannot be paid by separate transfers; a transfer to WIPO will be credited to the WIPO Wallet and transactions will be subsequently debited from the wallet.

4.6 Online WIPO services should be paid using the WIPO Wallet credentials provided at the time of opening the WIPO Wallet. Depending on the service, WIPO Wallet transactions may also be approved through the use of WIPO Account credentials which are linked to the WIPO Wallet, as made available by WIPO. A holder of a WIPO Wallet should avoid making payments online with a credit card to reduce the possibility of duplicate payments, except where this is explicitly permitted.

5. Bank details for fund transfers to WIPO Wallet

Payments are accepted:

(i) by transfer to WIPO CHF bank account:

Preferred CHF Bank Details (Recommended for most payments)

Account name: WIPO
Bank: UBS SWITZERLAND AG, ZURICH, SWITZERLAND
IBAN: CH77 0024 0240 FP10 1035 6
Swift: UBSWCHZH80A

(ii) by transfer to WIPO CHF postal account:

Alternative CHF Bank Details (For postal transfers and other)

Account name: WIPO / OMPI
Bank: SWISS POST/Postfinance, Engelhaldenstrasse 37, CH-3030 Bern
IBAN: CH03 0900 0000 1200 5000 8
Swift: POFICHBE

6. Services and products paid for by means of the WIPO Wallet

6.1 The WIPO Wallet may only be debited for payment of WIPO fees or costs. It can be used for payments related to Trademark services, Industrial designs, PCT applications, Domain names disputes, participation in training seminars, publications and other services and products provided by WIPO.

6.2 Services and products that may be paid in currencies other than Swiss francs will be converted at the UN exchange rates (see rates applicable on UN Operational Rates of Exchange - Home Page), unless a specific legal framework exists (e.g PCT).

6.3 A WIPO Wallet will be debited based on an authorization given by the WIPO Wallet holder in writing or online, using the wallet credentials or by means of a valid linked WIPO Account credential. Any written debit order must indicate the number of the WIPO Wallet which is to be debited; either online, directly in the form concerned (MM forms for trademark for example) or if sent by email or other means, in the documentation submitted.

6.4 WIPO Wallet holders are solely responsible for ensuring that sufficient funds are available in their WIPO Wallet at all times, including making adequate allowance for the processing time required for wallet credits and top-ups to be reflected therein. An authorization to charge a fee to a WIPO Wallet shall not constitute payment of the relevant fee unless sufficient funds are present in the WIPO Wallet to cover such fee, as provided under Article 3.3. WIPO shall bear no liability for any failed or delayed transactions arising from insufficient funds.

6.5 WIPO reserves the right to refuse the processing of any transaction which would cause the WIPO Wallet to become overdrawn. Should WIPO authorize, on an exceptional basis, a WIPO Wallet to become overdrawn the deficit balance must be corrected by means of a top-up transaction in a timely manner to be determined at the discretion of WIPO. Failure to correct the overdrawn balance within the time limit prescribed by WIPO may result in the cancellation of any transaction which was made upon the overdrawn wallet.

6.6 Written, paper based or manual transactions which are to be paid by indication of the required WIPO Wallet credentials are subject to examination and verification by WIPO.

6.7 Care should be taken to avoid the possibility of duplicate payments as noted at paragraph 4.6.

7. Premium WIPO Wallet

7.1 WIPO may, at its sole discretion, grant a Premium Status to selected WIPO Wallet holders based on their filing activity with WIPO. The criteria for eligibility shall be determined by WIPO and may be revised from time to time.

7.2 WIPO Wallet holders who qualify for Premium Status may be entitled to certain exclusive benefits, which may include, but are not limited to:

• Access to a dedicated priority support channel;
• Access to exclusive WIPO events, seminars and other activities.

7.3 Premium Status and its associated benefits are granted at WIPO's sole discretion and do not constitute an acquired right of the WIPO Wallet holder. WIPO reserves the right to modify, suspend or discontinue the Premium program, or any benefits associated therewith, at any time.

7.4 Premium Status is subject to ongoing review. Should the filing activity of a WIPO Wallet holder no longer meet the eligibility criteria determined by WIPO, WIPO reserves the right to withdraw the Premium Status and any associated benefits.

7.5 The granting, modification or withdrawal of Premium Status shall not give rise to any claim or liability against WIPO.

8. Closure of the WIPO Wallet

8.1 The WIPO Wallet may be closed, at any time, upon written request by the holder or, if appropriate, by the successor in title of the holder.

8.2 The WIPO Wallet holder must ensure that all transactions are paid and completed before requesting the closing of the wallet.

8.3 The credit balance will be refunded by bank transfer made out to the holder of the wallet or the successor in title.

8.4 A refund form must be submitted (available online or upon request). The refund form must be filled in with complete bank details. The funds cannot be refunded to a bank account in a different name than that of the WIPO Wallet holder, except in specific cases (litigation). WIPO reserves the right to request further documentation at its sole discretion to support any refund or wallet closure request.

8.5 Once the payment instructions have been received, WIPO will start the closing procedure which includes several steps:

- new debit instructions are blocked

- on-going transactions are reviewed, processed to their final stage and closed

- balance is then refunded

Upon initiation of the closing procedure, any Premium Status associated with the WIPO Wallet shall be automatically terminated.

8.6 WIPO reserves the right to close, on its own initiative, any WIPO Wallet for which the terms and conditions set out in this document are not fulfilled, or which fails to comply with the above regulations. The same shall apply in cases of any WIPO Wallet in which there has not been any transaction for more than two years or when the wallet balance is below the minimum of CHF 200.00. Failure to respond to communications may lead to the write-off of the WIPO Wallet balance.

9. Disclaimers

9.1 The use of WIPO Wallet is at the sole responsibility of the WIPO Wallet holder and WIPO shall not be liable for any consequences of its use. WIPO shall not be liable for any direct, indirect, incidental, consequential, liquidated, special, punitive or exemplary damages or penalties to the WIPO Wallet holder, including, but not limited to, losses of business, revenue or profits, as a consequence of using the WIPO Wallet.

9.2 WIPO shall not be liable or deemed to be in default for any delays or failure in performance or interruption of the WIPO Wallet system resulting directly or indirectly from any cause or circumstance beyond its reasonable control.

9.3 The names and the designations used by WIPO on its website and online services do not imply the expression of any opinion whatsoever on the part of WIPO concerning the legal status of any country, territory, city or area.

10. Personal Data and Privacy

WIPO processes personal data according to WIPO's Privacy Policy, which is incorporated herein by this reference.

11. Privileges and Immunities

Nothing in or relating to these terms and conditions shall be deemed or interpreted as a waiver of any privileges and immunities accorded to WIPO as an international organization and a specialized agency of the United Nations.

12. Settlement of Disputes

Any dispute between WIPO and the WIPO Wallet holder arising out of or relating to these terms and conditions that cannot be resolved amicably shall be referred to arbitration in accordance with the UNCITRAL Arbitration Rules then in force. The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of such a dispute.

Annex I - List of official documents accepted

• Company's registration certificate,
• Registration extract,
• Incorporation certificate,
• Extract of registry of registered associates/partners,
• Lawyers registry extract,
• VAT registration or,
• Copy of passport for individuals

Annex II - List of transaction codes