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.
General
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.
Prices
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.
Website Design
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.
Website Services
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.
E-commerce Websites
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.
Photography and Videography
1. Tenddeapact Solutions shall undertake photography and videography order as stipulated in such order.
2. Tenddeapact Solutions shall make all necessary equipment for a particular photo or video service available as it sees fit.
3. Tenddeapact Solutions will not be liable for any accidental damage or mal-function of equipment at the cite of the event beyond its control.
4. Tenddeapact Solutions will not be liable for any damage or poor quality arising from photo or video production sub-contracted to complete any photo or video service.
5.Tenddeapact Solutions reserves the right to sub-contract a photo or video order to a third party as it sees fit.
6. Tenddeapact Solutions shall at all times try to perform its duties optimumly regarding the coverage of any event but will not be held liable for any normal human error or ommission in the course of the event due to the fact that it cannot be repeated.
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.
Termination
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.
Notices
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.
Invalidity
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 – email: info@tenddeapact.com
PRIVACY POLICY for www.tenddeapact.com
At Tenddeapact Solutions we are dedicated to safeguarding and preserving your privacy when visiting our site or communicating electronically with us. Our Privacy Policy has been provided and approved by our Legal agent.
This Privacy Policy, together with our terms of service, provides an explanation as to what happens to any personal data that you provide to us, or that we collect from you.
We do update this Policy from time to time so please do review this Policy regularly.
[For the purpose of the Data Protection Act 1998]
In operating our website we may collect and process the following data about you:
I. Details of your visits to our website and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data.
II. Information that you provide by filling in forms on our website, such as when you registered for information, make an inquiry or make a purchase.
III. Information provided to us when you communicate with us for any reason.
Use of Cookies
On occasion, we may gather information about your computer for our services and to provide statistical information regarding the use of our website to our advertisers.
Such information will not identify you personally it is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever.
Similarly to the above, we may gather information about your general internet use by using a cookie file. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer, as cookies contain
information that is transferred to your computer's hard drive.
They help us to improve our website and the service that we provide to you.
All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our website.
Our advertisers may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our website.
Use of Your Information
The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, we may use the information for the following purposes:
I. To provide you with information requested from us, relating to our products or services. To provide information on other products which we feel may be of interest to you, where you have consented to receive such information.
II. To meet our contractual commitments to you.
III. To notify you about any changes to our website, such as improvements or service/product changes, that may affect our service.
If you are an existing customer, we may contact you with information about goods and services similar to those which were the subject of a previous sale to you.
Further, we may use your data, or permit selected third parties to use your data, so that you can be provided with information about unrelated goods and services which we consider may be of interest to you. We or they may contact you about these goods and services by any of the methods that you consented at the time your information was collected.
If you are a new customer, we will only contact you or allow third parties to contact you only when you have provided consent and only by those means you provided consent for.
If you do not want us to use your data for our or third parties you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data.
Please be advised that we do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors.
Storing Your Personal Data
We may transfer data that we collect from you to locations outside of the European Economic Area for processing and storing. Also, it may be processed by staff operating outside the European Economic Area who work for us or for one of our suppliers. For example, such staff maybe engaged in the processing and concluding of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all reasonable steps to make sure that your data is treated securely and in agreement with this Privacy Policy.
Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into on our site will be encrypted to ensure its safety.
The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential.
Disclosing Your Information
Where applicable, we may disclose your personal information to any member of our group. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any).
We may also disclose your personal information to third parties:
I. Where we sell any or all of our business and/or our assets to a third party.
II. Where we are legally required to disclose your information.
III. To assist fraud protection and minimise credit risk.
Third Party Links
You may find links to third party websites on our website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
Access To Information
The Data Protection Act 1998 gives you the right to access the information that we hold about you. Please note that any demand for access may be subject to payment of a fee of €10 which covers our costs in providing you with the information requested. Should you wish to receive details that we hold about you please contact us using the contact details below.
Contacting Us
We welcome any queries, comments or requests you may have regarding this Privacy Policy. Please do not hesitate to contact us at info@tenddeapact.com
