Terms and Conditions [Back]


Terms & Conditions

Access to and use of this website and the products and services available through this website are subject to the following terms, conditions and notices. By using these services you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

 

1.1 At no time do we obtain or store your credit / debit card details. All payment processes are done through our secure electronic payment processing providers Sage Pay Ireland, Elavon Merchant Services and Bank of Ireland. We will not be liable for any failure or breach of security by these service providers.

 

1.2 Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire website.

 

1.3 This website also contains links to other websites, which are not operated by us and has no control over the linked sites and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.

 

2. PRIVACY POLICY

 

2.1 We are dedicated to protecting the privacy of each and every one of our customers. We will not disclose any information regarding our customers or visitors to the site to any third parties apart from where it is part of providing a service to you – this includes arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research or when you have given us your permission to do so.

 

2.2 CONSENT - we will not provide or sell any of your personal details or any credit card information to third parties (excluding partners from whom you may have linked to our site) without your permission.

 

2.3 COMMUNICATION & MARKETING - If you have made a purchase from the website we may occasionally update you on our latest products and offers via email. You will also be given the opportunity to receive such communications from selected third parties and us when you register with us.

 

All members have the option to unsubscribe from marketing communications from us. If you do not wish to continue to receive e-mails from us and/or selected third parties you should opt-out clicking on the \\\"unsubscribe\\\" link in any emails which we might send you this will then suspend your email notifications however you can sign up again if you wish to do so.

 

2.4 COOKIES - If you have registered with us then your computer will store an identifying cookie which will save you time each time you re-visit the website, by remembering your email address for you. Cookies are small files that are stored on a user\\\'s computer. They are designed to hold a small amount of data specific to a particular client and website, and can be accessed either by the web server or the client computer. You can change the settings on your browser to prevent cookies being stored on your computer without your explicit consent.

 

2.5 PROTECTING YOUR SECURITY - We may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. This is done only to confirm your identity - a credit check is not performed and your credit rating is unaffected.

 

2.6 TRANSFERS OF YOUR INFORMATION - Your order may be processed by staff operating for one of our suppliers. Such processing may, for example, be required in order to fulfill your order, process your payment details or provide support services.

 

Unfortunately, the transmission of information via the Internet is not completely secure. We will do our best to protect your personal data, but cannot guarantee the security of data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

 

2.7 CHECKING YOUR DETAILS - If you wish to verify the details you have submitted to us – please contact us via the email address or address given below.

 

Our security procedures mean that we may request proof of identity before we reveal information. This proof of identity will take the form of your email address and password submitted upon registration. You must therefore keep this information safe as you will be responsible for any action, which we take in response to a request from someone using your email and password. We recommend that you do not use your browser\\\'s password memory function as this may result in someone accessing your personal information.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service (DDoS) attack, viruses, malware or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

 

5. TERMS OF SALE

 

5.1 By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

 

5.2 Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to express orders and subject to any delays resulting from postal delays or for uncontrollable forces which we will not be responsible. Any failure on our part to deliver within the agreed time for an express delivery will be remedied by a refund of the difference between express and standard delivery.

 

6. DISCLAIMER OF LIABILITY

 

The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law. All parties to this site, including but not limited to: 1) MyShowroom (Ireland) Ltd, 2) Ourselves, 3) Content providers, 4) Advertisers, hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from its negligence, or for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability, which cannot be excluded or limited under applicable law.

 

7. LINKING TO THIS WEBSITE

 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.

 

8. DISCLAIMER  

 

Except where expressly stated to the contrary all persons (including their names and images), third-party trade marks and images of third party products, services and/or locations featured on this website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation.

 

9. INDEMNITY

 

You agree to indemnify, defend and hold harmless its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or a breach of the Terms of Service.

 

10. VARIATION  

 

We shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of this website.

 

11. INVALIDITY

 

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

12. COMPLAINTS

 

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

 

13. WAIVER

 

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

14. GOVERNING LAW AND JURISDICTION

 

These terms and conditions are to be construed in accordance with the laws of Ireland and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Irish courts.

 

15. ENTIRE AGREEMENT

 

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and this business.

Web Hosting Agreement

This Web Hosting Agreement (this “Agreement”) is between FreshHost, a sole traderformed under the laws of the Republic of Ireland with its principal office at Unit 3, The Green, Main Street, Dunboyne, Co. Meath and the person (individual or legal person) whose signs FreshHost’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”).   This Agreement governs Customer’s use of Dunboyneit’s Web hosting service.

Table of Contents
1. Services 
2. Term 
3. Payments 
4. Law/AUP 
5. Customer Information 
6. Indemnification 
7. Warranties Disclaimer 
8. Liability (Limitation of Damages) 
9. Suspension of Services/Termination 
10. Request for Customer Information 
11. Back Up Copy 
12. Changes to Network 
13. Notices

  1. Force Majeure

Miscellaneous

Whereas:

(1) Dunboyneit offers website hosting services to clients using all appropriate hardware providers connected to the World Wide Web via the internet.

(2) Customer wishes to use Dunboyneit’s Service to host the Customer’s Website and/or selected internet services under the terms and conditions of this Agreement.

Customer’s access to and use of the Service constitutes the Customer’s acceptance and agreement to be bound by these terms and conditions.

It is agreed as follows:

 

1.         Services

Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of Dunboyneit’s credit approval requirements, Dunboyneit agrees to provide the web hosting services described in the Order for the fees stated in the Order.

2.         Term. 

The initial service term of the Agreement shall begin on the date that Dunboyneit generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”).  Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a “Renewal Term”) unless Duboyneit or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable.  The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

3.         Payments.

            (a)        Fees

Fees are payable in advance on the first day of each billing cycle.  Customer’s billing cycle shall be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. Dunboyneit may require payment for the first billing cycle before beginning service.  If the Order provides for credit/debit card billing, Customer authorizes FreshHost to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise FreshHost will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order.  Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 14th day following invoice date, but in no event earlier than the first day of each billing cycle. 

Payments must be made in Euro. The customer is responsible for providing Dunboyneit with changes to billing information (such as credit card expiration, change in billing address)   At its option, FreshHost may accrue charges to be made to a credit/debit card until such charges exceed €10.00.  Dunboyneit may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law.  Dunboyneit may suspend the service without notice if payment for the service is overdue.  Fees not disputed within sixty (60) days of due date are conclusively deemed accurate.  Customer agrees to pay Dunboyneit reasonable reinstatement fee following a suspension of service for non-payment, and to pay Dunboneit reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs. 

            (b)        Fee Increases. Dunboyneit may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

             (c)       Taxes.  At Dunboyneit request Customer shall remit to Dunbouneit all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on FreshHost), regardless of whether FreshHost fails to collect the tax at the time the related services are provided. 

            (d)        Early Termination.  Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable.  In the event FreshHost terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9(Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Dunboyneit’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. 

4.         Law/AUP.  Customer agrees to use the service in compliance with applicable law and Dunboyneit’s Acceptable Use Policy posted at http://www.dunboyneit.com/terms-and-conditions/ which is hereby incorporated by reference in this Agreement.  Customer agrees that Dunboyneit may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services.  Amendments to the AUP are effective on the earlier of FreshHost’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment.  Customer agrees to cooperate with Dunboyneit’s reasonable investigation of any suspected violation of the AUP.  In the event of a dispute between Dunboyneit and Customer regarding the interpretation of the AUP, Dunboyneit’s commercially reasonable interpretation of the AUP shall govern.

5.         Customer Information. The customer represents and warrants to Dunboyneit that the information he, she or it has provided and will provide to Dunboyneit for purposes of establishing and maintaining the service is accurate.  If Customer is an individual, Customer represents and warrants to Dunboyneit that he or she is at least 18 years of age. Dunboyneit may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

6          Indemnification. Customer will fully indemnify Dunboyneit against all costs, expenses, liabilities, losses, damages and judgments that Dunboyneit may incur or be subject to as a result of any of the following:
Customer’s misuse of the Service;
Customer’s breach of this Agreement;
Customer’s negligence or other act of default;
The Activities of third parties conducted on Customer’s website using facilities such as blogs, forums and chat.

7.         Warranty Disclaimer

Subject to the provisions of this Agreement, Dunboyneit gives no warranty, express or implied, in connection with the Service as to fitness for purpose, quality, non-infringement or merchantability.

8.         Liability

Dunboyneit shall not be liable to Customer or to third parties for:
Any losses resulting from interruptions or downtime to the Service;
Any inability, on the part of Customer, to use the Service;
Any damage or loss resulting from the loss of confidentiality caused by the storage of information on the internet.
Nothing in this Clause shall exclude the liability of FreshHost for death or personal injury resulting from Dunboyneit’s negligence or that of its employees or agents.
Nothing in this Clause or in this Agreement shall exclude the liability of Dunboyneit for fraudulent misrepresentation.

9.         Suspension/Termination

(a)        Suspension of Service.  Customer agrees that Dunboyneit may suspend services to Customer without notice and without liability if: (i) DUnboyneitt reasonably believes that the services are being used in violation of the AUP;  (ii)  Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Dunboyneit reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency.  Customer shall pay FreshHost’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection. 

(b)        Termination.  The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if FreshHost fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail.  The Agreement may be terminated by Dunboyneit prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows:  (i)  upon ten (10) day’s notice if Customer is overdue on the payment of any amount due under the Agreement;  (ii)  Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from FreshHost describing the violation in reasonable detail; (iii) upon one (1) day’s notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) day’s notice if Customer violates Section 5 (Customer Information) of this Agreement.  Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

10.       Requests for Customer Information.  Customer agrees that Dunboyneit may, without notice to Customer, (i)  report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that FreshHost believes violates applicable law, and (ii)  provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

11.       Back Up Copy.  Customer agrees to maintain a current copy of all content hosted by Duboyneit not with standing any agreement by Dunboyneit to provide backup services.

12.       Changes to Dunboyneit’s Network.  Upgrades and other changes in Dunboyneits network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications.  Dunboyneit reserves the right to change its network in its commercially reasonable discretion, and FreshHost shall not be liable for any resulting harm to Customer.

13.       Notices.  Notices to Dunboyneit under the Agreement shall be given via electronic mail to the e-mail address posted  for customer support on http://www.dunboyneit.com/helpdesk/.  Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order.  Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered.  Customer may change his, her or its notice address by a notice given in accordance with this Section.