Terms and conditions as revised May 2009
All and any business entered into by Bonsai.ie and its servants or agents (hereinafter called “Company”) with any other party (hereinafter called the “Customer”) is transacted subject to the general terms and conditions hereinafter set out (“Conditions”).
The Conditions shall apply to all contracts for the sale or supply of Goods/Services (as hereinafter defined) by the Company to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
All orders for Goods/Services shall be deemed to be an offer by the Customer to purchase Goods/Services pursuant to these Conditions.
Commissioning, ordering, delivery and or acceptance of the Goods/Services shall be deemed conclusive evidence of the Customers acceptance of these Conditions.
Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company.
In these conditions, unless the context requires otherwise:-
“Customer/you” means the person who offers to buy or engage Goods/Services from the Company;
“Conditions” means the current version for the time being of the general terms and Conditions and any special terms and conditions of the Company as same or either may be amended updated and or replaced from time to time and the current version of which shall be notified on the website of the Company located at www.sitestogo.biz .
“Goods/Services” means the services which the Customer agrees to commission from the Company and which the Company agrees to supply and/or develop and/or host for the Customer
“Price”means the price for the Goods/Services exclusive of Irish VAT (if applicable) and any and all other costs and expenses.
3. Customer’s Obligations
The Customer shall make available to the Company, free of charge, and in a timely manner, such facilities and services as are necessary to enable the Company to carry out its obligations under this Agreement; ensure that its employees and other independent contractors co-operate reasonably with the Company and its employees in carrying out the project; promptly furnish the Company with such information and documents as it may reasonably request for the proper performance of its obligations under this Agreement; be available as reasonably required by the Company.
4. Payment and PricingThe Price of the Goods/Services shall be the price or rates stipulated and quoted by the Company. The Price is exclusive of VAT which shall be due at the rate ruling on the date of VAT invoice. All quotes are only valid for the period stated thereon. Upon placing your order you are deemed to have entered into a contract with us and to have accepted our terms and conditions and the rates and fees as set out on the relevant quote and/or invoice.
The quote and associate terms and conditions shall be deemed accepted upon timely payment of half the total cost quoted. Delivery shall constitute the live website as per agreed specification operating from a Company subdomain. After delivery you shall have ten (10) working days to request changes and subject to these changes being in accord with the original brief and carried out you will be asked to then accept the work. Deemed acceptance shall occur at the end of this ten (10) day period unless valid changes are requested, upon which the delivery period is extended until delivery and or implementation of those changes. 8.
5. Warranties and Liability
The Company warrants that the Services supplied will at the time of delivery substantially correspond to the description given by the Company. All other warranties, conditions or terms relating to fitness for purpose, interoperability, ability to use, quality or condition of the Goods/Services, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
The Company hereby excludes all liability for any loss or damage from the use of the Services supplied by the Company and for any consequential loss or damage arising directly or indirectly out of such use or any failure in the performance of, use of or any defect in any Goods/Services supplied by the Company or for any loss or damage whatsoever.
The Company shall not be liable for any loss or damage whatsoever due to failure by the Company or its agent to deliver the Services promptly or at all. The Company shall be under no liability whatever to the Customer for any indirect loss and/or expense, consequential or otherwise, (including loss of profit) suffered by the Customer arising out of a breach by the Company of the contract.
In the event of any breach of this contract by the Company the remedies of the Customer shall be limited to refund. Under no circumstances shall the liability of the Company exceed the Price of the Goods/Services.
6. Third Party Rights
The provisions of the Contracts (Rights of Third Parties) Acts or equivalent (if any) shall not apply to this contract and a person who is not a party to this contract shall have no right under that Act or equivalent to enforce any term of the contract.
Any provision of this contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of this contract.
The Company may licence or sub-contract all or any part of its rights and obligations under this contract without the Customers consent.
8. Force Majeure
Save for obligations of payment neither party shall be liable for any default due to any act of God, telecommunications delays, shortages or outages, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation direction or other circumstance beyond the reasonable control of either party (“Force Majeure Event”).
Each party shall give notice forthwith to the other upon becoming aware of a Force Majeure Event, the notice to specify details of the circumstances giving rise to the Force Majeure Event.
The contract between the Company and the Customer of which these Conditions form part shall be governed by the laws of the Republic of Ireland and the parties submit to the non-exclusive jurisdiction of the Irish Courts.