Close window Terms and Conditions SitesToGo InternetLAB Terms & Conditions 1. Introduction All and any business entered into by 2020 Strategies Limited t/a SitesToGo and/or Internet LAB, 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. 2. Definitions 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. “Training” means the training provided to Customers of new websites. This training opportunity must be availed of within 3 months of the Customer’s site going live. Additional training can be provided by telephone at an additional cost as outlined in your quotation. “Support” means support provided to Customers of new websites, post-training, via telephone and/or email, given to nominated individual(s) in the Customer’s company to facilitate the Customer’s application of training in updating and maintaining their website. Support does not include any additional work to the website, such as development or design work or a request for the Company to do any updates or maintenance on the Customer’s website. Any such requests can be facilitated by the Company but at an additional cost to the Customer. “Annual Support” means a support package, which provides telephone and/or email support as per our quotation. “Price” means the price for the Goods/Services exclusive of Irish VAT (if applicable) and any and all other costs and expenses. “Domain Name” means the unique name which identifies a website. “Hosting” means the process of physically locating a website on a physical server at a secure location. “Development Services” means services provided in line with specific requirements of customer (e.g. on design, coding, etc.) which is agreed and billed at a separate cost. “Delivery”, in the case of new web builds, shall constitute the live website as per agreed specification. 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. Login Conditions, Registration and Password When the Company builds a website with a Content Management System, you will be allocated a secure area into which you login using your user name and the password you selected and for which you are responsible. Your login facility enables you to return to your website area and update the website, and also to access online resources for customers. Do not divulge the password to any other person and take reasonable precautions to ensure that it is not disclosed to other people. If you believe that others know your password you should login and change it. The Company reserves the right to periodically change issued passwords. Passwords remain the sole responsibility of the Customer. No responsibility whatsoever is accepted by the Company in relation to any losses as a result of any improper or inappropriate use or management of passwords by the Customer. 5. Domain Names All websites will be initially published to a sub-domain URL of the Company in the format www.yoursitename.SitesToGo.biz until payment in full is received and the Company is instructed by you to use your own domain name. We recommend that you transfer registration to us as registrars. Should you choose to point your domain name from another registrar to your website, you are responsible for contacting the registration body and for paying any fees due to them for this service, and for any issues / delays resulting. Fees for Domain Names are payable yearly in advance. Renewals are payable prior to the date of expiry. We reserve the right to increase our fees and charges on a year on year basis. All charges and fees are non refundable. Please note that Domain name fees are often incurred at commencement of the site build, prior to the site going live and therefore the renewal of domain names may not occur at the 12 month anniversary of the website going live. 6. Data Whereas we have a regular offsite backup mechanism, data stored on our servers is not guaranteed to be backed up, up to date or complete. It is recommended that you keep an independent backup of important data. No responsibility whatsoever is accepted in relation to data, information, records, backups, forward compatibility or otherwise and same is expressly and fully disclaimed and shall remain the sole responsibility of the Customer. When your account is closed, all files (including web pages, etc.) will be deleted. 7. Payment and Pricing The 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 the first invoice. 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. Upon acceptance or deemed acceptance of the work and payment of the balance your own domain name shall be pointed as per your instructions and the website shall be deemed live. Following payment of the deposit, where the programme is delayed beyond a 6 month period for reasons outside the control of the Company, e.g. where the Customer delays in approving design or providing content or in giving the necessary approvals, the original agreed and contracted price will be made null and void and the project will be subject to a re-quote before it is revived. During this time the Company will endeavour to contact the Customer on a regular basis, usually weekly, to progress the project to a conclusion. The Company reserves the right to charge extra for editorial corrections or other work that involves changes to work already done according to the instructions originally given to the Company by the Customer. If services, development services, hosting services or any other form of work or activity undertaken or agreed to be undertaken by the Company are not paid for within thirty (30) days from the date of invoice we reserve the right at our sole and absolute discretion to delete, disable and/or discontinue such services, development services, hosting services or any other form of work or activity and also to delete all related content, data and information that may be held. If the Customer fails to make any payment on the due date then without prejudice to any of the Company’s other rights, the Company may suspend or cancel any and all development work; appropriate any payment made by the Customer to such of the Services (or Services supplied under any other contract with the Customer) as the Company may in its sole discretion think fit. We reserve the right to increase our fees and charges on a year on year basis. All charges and fees are non refundable. 8. Hosting Hosting services are payable yearly in advance. Renewals are payable prior to the date of expiry. For avoidance of doubt the commencement of a hosting period shall be deemed, unless agreed otherwise, to be the day that the website becomes visible under your chosen domain name or three (3) months after acceptance, whichever is the shorter. Websites built within the SitesToGo Content Management System cannot be transferred to any other hosting company as they will only operate when hosted within our database environment. You are however at liberty to capture design elements, visible source code and text from a website that we have created for you, and you have full ownership and copyright of this content material, once any outstanding fees are paid in full (save such software, coding and or tools which the Company requires and uses as part of its business and or which it requires to re-use as part of its business). 9. 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. 10. 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. 11. General 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 license or sub-contract all or any part of its rights and obligations under this contract without the Customer’s consent. 12. 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. 13. Law 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.