Terms and Conditions of Service
"Buyer" means the company, firm, body or person purchasing the Services from Tenddeapact Solutions.
"Contract" means a contract, subject to these conditions, for the provision of the Services between Tenddeapact Solutions and the Buyer.
"Order" means a purchase order in respect of the Services completed or agreed by the Buyer and submitted to Tenddeapact Solutions, together with all documents referred to in it.
"Quotation" is an agreed piece of work (incorporating these conditions) provided by Tenddeapact Solutions to the Buyer in respect of the Services. No contract will come into existence until an order form has been completed.
"Services" means the subject matter of each Contract between the Buyer and Tenddeapact Solutions, being the work and/or services or any of them to be performed by Tenddeapact Solutions for the Buyer pursuant to the Order.
"Standard Form" means Tenddeapact Solutions's standard form of Order.
1. A Quotation shall not be binding on Tenddeapact Solutions and a Contract will only come into being upon acceptance by Tenddeapact Solutions through the completion of an order form.
2. The Contract will be subject to these conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by the Buyer shall have no effect, unless such Order is in the Standard Form. Any variation to the Contract must be confirmed in writing by Tenddeapact Solutions.
3. Quotations submitted by Tenddeapact Solutions shall remain open for acceptance by the Buyer for a period of 14 (fourteen) days from the date of the Quotation (unless in the Quotation some other period is specified) or when Tenddeapact Solutions withdraws the Quotation.
4. These conditions shall, to the extent applicable, apply to goods and products in the same way as they apply to Services.
5. The minimum length of any ongoing website services purchased will be 3 months or else otherwise stipulated by Tenddeapact Solutions.
1. The price for the Services shall be that stated on the relevant Quotation.
2. A Quotation applies only to the Buyer to whom it was issued.
3. Tenddeapact Solutions shall (if applicable) add to the price of the Services, and the Buyer shall pay, an amount equal to any VAT or other sales tax or duty applicable from time to time to sales or supply of such Services.
Terms of Payment
1. The Buyer shall, at the time of submission of an Order to Tenddeapact Solutions, pay to Tenddeapact Solutions a non-refundable deposit for the Services specified as shown on the Order ("Deposit").
2. The Buyer shall not be required to pay a Deposit in respect of Web Hosting services.
3. Tenddeapact Solutions shall invoice the Buyer for all Services (less any Deposit) immediately on completion of the web site.
4. Unless otherwise agreed in writing by Tenddeapact Solutions, invoices shall be payable by the Buyer immediately upon completion of the relevant Web Site to which the invoice relates.
5.T he Buyer shall make all payments due to Tenddeapact Solutions by credit/debit card OR Paypal via an online order form, bank transfer, or money transfer (Western Union, Money Gram etc.) as agreed by Tenddeapact Solutions (preferred form of payment is euro).
6. If the Buyer fails to pay any amount due to Tenddeapact Solutions under this Agreement on the relevant due date, default interest at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998 shall be added to such amount for the period from the day after the due date until the date of receipt (whether before or after judgment) together with any reasonable and proper amounts incurred by Tenddeapact Solutions in seeking to recover such late payment from the Buyer (including, without limitation, legal fees), or else otherwise agreed by Tenddeapact Solutions.
1. The client unconditionally guarantees that any element of text, graphics or other artwork furnished to Tenddeapact Solutions for inclusion in the web design project (or used on an existing website which is the basis for the web design project) are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Tenddeapact Solutions and it's subcontractors from any claim or suit arising from the use of such elements furnished by the client.
2. All creation files except logos remain the intellectual property of Tenddeapact Solutions on completion of a web design project.
3. Tenddeapact Solutions shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivatives works, and distribute any item from the clients web pages unless specifically agreed to do otherwise. Further, Tenddeapact Solutions shall be free to use any ideas, concepts, know-how or techniques acquired in the construction of web sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and any other items incorporating such information, unless specifically agreed otherwise.
1. Tenddeapact Solutions uses different Web Hosting companies that would better benefit a client/buyer. The registration of a domain name or hosting of a website on behalf of the client is subject to the terms and conditions of Tenddeapact Solutions Hosting which are available on Tenddeapact Solutionshosting.com
2. Tenddeapact Solutions will accept no liability for any financial loss resulting from a domain not being renewed.
3. Tenddeapact Solutions shall have no liability arising from any financial loss arising from an interuption of web hosting service out of our control.
4. Tenddeapact Solutions accepts no liability for any financial loss resulting from any action carried out by our admins through our website maintenance and management subscriptions.
1. Tenddeapact Solutions supply E-Commerce Services on client websites with the Paypal Standard Gateway. The Buyer may use other payment gateways and/or a merchant account, however the Buyer is entirely responsible for the acquisition of these services and Tenddeapact Solutions does not guarantee the operation of our E-Commerce websites with such services.
2. Tenddeapact Solutions will accept no liability for any financial loss resulting from the use of any E-Commerce website.
Warranty and Limit of Responsibility
1. Tenddeapact Solutions acknowledges and agrees that it shall perform the Services with reasonable skill and care.
2. The Buyer acknowledges and agrees that Tenddeapact Solutions shall have no liability to the Buyer in respect of the positioning of the Buyer's Web Site in search engine rankings.
3. The Buyer's remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the Services or Web Site or any workmanship in relation to them (whether or not involving negligence on the part of Tenddeapact Solutions) shall, in all cases, be limited to re-performance of the Services.
4. Tenddeapact Solutions shall not in any circumstances be liable to the Buyer for any indirect or consequential losses or any loss of profits purported to have been suffered by the Buyer.
5. Tenddeapact Solutions shall not be liable for any failure in the performance of any of its obligations under the agreement caused by factors outside its control.
Delivery & Completion Dates
1. Tenddeapact Solutions undertakes to use its reasonable endeavours to provide completed Services to the Buyer in the timeframe agreed.
2. The dates for carrying out the Services and delivery of any resultant Web Site are approximate only and, unless otherwise expressly stated, time is not of the essence for delivery or performance.
3. Tenddeapact Solutions will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform where the same is as a result of the negligence of Tenddeapact Solutions.
4. No delay (unless material) shall entitle the Buyer to reject any delivery or performance or any other Order or to repudiate the Contract or the Order.
Responsibility for approving the website
1. The Buyer acknowledges and agrees that Tenddeapact Solutions shall produce the Web Site based on information provided to it by the Buyer.
2. It shall be the responsibility of the Buyer (and not Tenddeapact Solutions) to review and approve the content of the Web Site (including, without limitation, the spelling of names and addresses and the accuracy of telephone numbers) at the time of the completion of such Web Site by Tenddeapact Solutions to the Buyer for approval by the Buyer.
3. Tenddeapact Solutions shall have no liability to the Buyer for any inaccuracies in the Web Site if the Buyer has failed to review and/or approve (or require amendment as the case may be) the website provided to the Buyer by Tenddeapact Solutions pursuant to this Agreement.
1. Tenddeapact Solutions may terminate the Contract immediately in the event that the Buyer is in breach of its obligations under the Contract and/or the Buyer suffers any event of insolvency or is or becomes unable to pay its debts as they fall due.
2. Tenddeapact Solutions may at its discretion suspend or terminate the supply of any goods and services if the buyer fails to make any payment when due or otherwise defaults in any of its obligations under the contract or any other agreement with Tenddeapact Solutions or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or Tenddeapact Solutions bona fide believes that any of those events may occur and in any case of termination may forfeit any monies paid.
3. Tenddeapact Solutions may by written notice terminate the Agreement immediately and without liability for compensation or damages except as mentioned in this agreement if the Buyer fails to make payment as specified above.
4. Any ongoing contract (going as planned or specified in the order) cancelled by the Buyer during the first three (3) months will incur a penalty charge of €50.
Third Party Claims
The Buyer shall indemnify Tenddeapact Solutions and keep Tenddeapact Solutions indemnified from and against any and all actions, costs (including, without limitation, the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement by a third party of any patent, registered design, unregistered design, design right, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by Tenddeapact Solutions with the Buyer's instructions, whether express or implied.
Assignment & Sub-Contracting
1. None of the rights or obligations of the Buyer under the Contract may be assigned or transferred in whole or in part without the prior written consent of Tenddeapact Solutions.
2. The Web Site shall be for the sole use of the Buyer and shall not be capable of assignment to a third party by the Buyer.
3. Tenddeapact Solutions shall be entitled to sub-contract any work relating to the Contract without obtaining the consent of, or giving notice to, the Buyer.
1. Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by email or post.
2. Any notice or document shall be deemed served: if delivered, at the time of delivery, if posted, or received via email, subject to confirmation email.
The invalidity, illegality or un-enforceability of any provision of these conditions should not affect the other conditions.
Third Party Rights
A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
Law & Jurisdiction
The Contract shall be governed by and construed in all respects in accordance with Irish law and the parties hereby submit to the exclusive jurisdiction of the Irish courts.
The above is aproved by management of Tenddeapact Solutions.