NOTICE: Please read the following carefully. You are offered all of Conspect's Services based on the terms and conditions set out below.
By using any of the services you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions you cannot use the service.
Should you have any other questions regarding our terms & conditions you can contact us at:
questions@conspect.ie
1.DEFINITIONS
“You, the Customer?a person or company buying Products from us.
“Consumer?a private person buying Products for private use.
“Conspect (us, our)?the Product vendor as identified on your invoice and, where relevant, Service Provider.
“Order Confirmation?formal acknowledgement of Service ordered by you, sent by Conspect.
“Price?stated in Order Confirmation.
"website" our website www.conspect.ie
“Service?as described in Order Confirmation.
“Service Offering?as described in Order Confirmation.
“Service Provider?Conspect or its authorised Service experts or trade professionals.
?rd Party Products?all goods that are not .
2. APPLICATION
This Agreement applies to all Service contracts and all statements made by 'Conspect' in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this Agreement must be confirmed by 'Conspect' in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement.
3. QUOTATIONS/ORDERS/CONTRACT
Quotations are only valid in writing and during the period that they state. If not stated, the period is 10 days. Orders may be received by writing, internet, telephone or fax and are only binding when accepted by 'Conspect' in a written Order Confirmation by reply email. Please check the Order Confirmation and notify 'Conspect' of any mistake in writing immediately or the details stated in the Order Confirmation will apply to this Agreement. 'Conspect' reserves the right to change Products at any time but 'Conspect' guarantees you at least equivalent functionality and performance.
4. PRICE & PAYMENT TERMS
Products and Service Offering prices, tax, insurance are as shown on your invoice. Changes to exchange rates, duties, insurance, may cause 'Conspect' to adjust prices accordingly. Payment will be made before supply or Service or, if agreed, within 30 days of the invoice date without further notice from 'Conspect'. Payment timing is of the essence. If payment is late, interest will be at 2% above the minimum lending rate on the late amount and the costs of recovery shall be payable by you. Cheques may only be accepted conditionally.
Credit card payments(not currently available) made for a service are subject to the terms and conditions of our card payment co..
5. WARRANTY
Unless otherwise stated, You warrant and undertake that all information supplied by You shall be true and accurate and fairly obtained and shall not contain any defamatory material nor prejudice or infringe any copyright, right of privacy or publicity or similar right of any third party and that 'Conspect' may enjoy quiet possession of such information free from any disturbance, charge or encumbrance.
6. INDEMNITY
You agree to indemnify and hold 'Conspect' and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of reports, snag lists, records and other services made on your behalf by us. We are retained by you to offer a professional opinion, record and report on a given issue. Submission of said record to or against another party in legal proceedings on your behalf or your violation of any rights of another is a civil matter and 'Conspect' shall not bare any costs to be made part of said proceedings.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the website, logo or name/ URL 'Conspect.ie'. (unless by prior arrangement by conspect).
8. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: (a) 'Conspect' shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the website, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the website are subject to confirmation by, and the terms and conditions of business of, the relevant Merchant.
9. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Conspect has no control over such sites and resources, you acknowledge and agree that Conspect is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Conspect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. YOUR DATA
You agree to provide true, accurate, current and complete information when providing details to 'Conspect'
You also agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.
By signing up to a service you are agreeing to allow us to automatically allocate you a response e-mail and or a email specific to the issue or service you require. We also will periodically send you our newsletter and offers by email (you can un-subscribe from this service).
Registration Data and certain other information about you is subject to our Privacy Policy which is bound by the data and information act IRL.
11. GENERAL DISCLAIMER
You acknowledge that it is Your responsibility to select a Trade Professional and to negotiate the terms of any work to be performed by the Trade Professional you have selected and that 'Conspect' makes no warranty regarding, or offers any goods or services from third parties that may be purchased or obtained through our Website links or the Services or any transactions entered into through our Website.(See 11a.)
11a. 'Conspect' relies on data provided by third parties to determine which Trade Professionals are included in the Database and does not recommend or endorse any specific Trade Professional prior to you forwarding us your estimates or contracts. We will only recommend which contractor or company you have chosen to estimate your works based on price of that individual contract/ estimate price, detail and the company or individual trades persons membership of their trades professional organizations. We will also reject or write off an individual or company that you have asked us to asses based on prior entries to the database and small claims or trading standard complaints of poor workmanship etc.
'Conspect' cannot accept any liability in respect of any contract or other agreement entered into between You and the Trade Professional and, in particular, but without limitation, 'Conspect' can accept no liability relating to the quality or fitness of any work performed or omitted to be performed by any Trade Professional. Conspect can not be liable for any companies that intentionally mislead our customers or ourselves during the process of 'vetting'.
Should the instance arise where 2 or more estimates or quotes sent to us for review are red flagged(rejected) we will allow for either another 3 estimates to be review for you at a reduction of 30% or 1 more quote or estimate will be reviewed for the initial fee. This is at our discretion.
12. TESTING & INSPECTIONS
All testing for services (including 'loss assessor' & 'inspect and report' ) that can and are preformed by us and our staff are included in the listed or quoted pricing structure.
Any other type of tests that must be performed by outside contractors or companies will not be included in the price quoted by us.
13. LIMITATION OF LIABILITY
13.1 Conspect's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
13.2 Conspect and the customer agree that Conspect will not be liable for Products or Services not being available for use. Conspect shall not be liable to the customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if Conspect has been advised of their possibility.
13.3 Any service response times stated by Conspect in the service contracts and on the site are approximate only and Conspect shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.
13.4 Any typographical, clerical or other error or omission in sales literature, quote, price list, or page on the site shall be subject to correction without any liability on the part of Conspect.
Updated on ... March 29, 2008
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