THINKSCAPE LTD. LEGAL TERMS & CONDITIONSThe following Terms and Conditions apply to web site design and Internet services provided by Thinkscape Ltd. (herein referred to as “Thinkscape” of 13 Upper Baggot Street, Second Floor, Dublin 4, Ireland provided to the Client. WHEREAS, Thinkscape is an information and service provider connected to the Internet. Thinkscape offers web site design, development and related services over the Internet; WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Thinkscape can make no guarantee that any given reader shall be able to access the services provided by Thinkscape nor the web sites designed by Thinkscape at any given time. Thinkscape represents that it shall make every good faith effort to ensure that the services it provides and web sites it has created and placed onto the Internet are available as widely as possible and with as little service interruption as possible. WHEREAS, Thinkscape's web site design and related Internet services are subject to our legal terms and conditions and to legal agreements and usage policies for services provided by third party service providers, resellers and agents which Thinkscape may resell, distribute and provide to the Client. To provide such services, Thinkscape may enter into an agreement on behalf of the Client with such service providers or agents and by accepting these Terms & Conditions the Client agrees to be subject to the terms and conditions as outlined by such providers. Such providers include the following and links to their terms are listed below in no particular order. IEDR - Registrations Terms and Conditions for .ie Domain Names Register 365 - Legal Terms and Conditions Namecheap - NameCheap SSL Certificates™ Service Agreement GNU General Public License, version 2 (GPLv2) Perch / Edgeofmyseat.com Terms & Conditions Constant Contact - Terms & Conditions - E-mail Marketing PayPal - Legal Agreements for PayPal Services Realex Payments - Terms & Conditions Facebook - Terms & Conditions LinkedIn - User Agreement Google - Terms of Usage Google Analytics - Terms of Usage Google Ireland Limited ("Google") Advertising Terms and Conditions Addthis.com - TOS BigCommerce iStockPhoto.com Dreamstime.com
(1) FINANCIAL ARRANGEMENTS:. 1.2 Renewable services such has web site and e-mail hosting, domain name renewal and other online software services must be paid for in advance to ensure continuity of supply of the service concerned. Thinkscape reserves the right to suspend or terminate unpaid services without notice. 1.3 If not already accepted beforehand by means of a verbal and/or signed contract, the Client agrees that upon making payment for services provided by Thinkscape, they accept Thinkscape’s terms and conditions. 1.4 In accordance with European Communities (Late Payment in Commercial Transactions) Regulations 2002, Thinkscape Ltd. reserves the right to charge a late penalty interest charge for overdue invoices. In accordance with the legal regulations, the rate charged will be based on the current ECB rate plus 7%. Unless agreed in advance with the client, a payment is classified as delayed when it is 31 days and over from the date of issue of the invoice to the client. Thinkscape reserves the right to charge this penalty interest unless agreed with the client in advance of issuing the invoice.
(2) MATERIALS AND PRODUCTS: 2.2 Client warrants that it has the right to use the content it supplies to Thinkscape including photographs, images, video, audio, multimedia, text copy, applicable trademarks, if any, and grants Thinkscape the right to use such content and trademarks in connection with Thinkscape’s web site design service. 2.3 Unless otherwise stated, where Thinkscape supplies content including photographs, images, video, audio, multimedia, we will supply content from the Dreamstime.com and/or iStockphoto.com web sites. We will supply licenced content for use on a web site.
(3) TERMINATION: 3.2 Failure to pay in full monies owed for products or services provided by Thinkscape to the client will result in services being terminated without notice. 3.3 Thinkscape retains ownership of graphics, design, and coding including but not limited to HTML and CSS coding used on any web site until the web site and/or services related to web site projects are paid for in full by the client.
(4) LIMITED LIABILITY: 4.2 Under no circumstances, including negligence, shall Thinkscape, its offices, agents or any one else involved in creating, producing or distributing Thinkscape’s web site design service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of the Thinkscape’s Internet service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction orunauthorised access to Thinkscape’s records, programs, or services. Client hereby acknowledges that this paragraph shall apply to all content in web sites designed by Thinkscape and placed onto Thinkscape’s virtual servers or third party servers supplied by the client or by Thinkscape. 4.3 Thinkscape shall not be liable to the Client for any loss of profits or any consequential loss, damage or expenses whatsoever or howsoever caused. 4.5 Thinkscape shall not be liable to the Applicant in respect of any failure to carry out or delay in carrying out any of Thinkscape’s obligations hereunder which is attributable to any cause of whatsoever nature which is outside Thinkscape’s reasonable control. 4.6 Where applicable, for the provision of an e-commerce web site service, Thinkscape will make every effort possible to ensure the security of the clients’ personal details and those of third parties using the service. The Client expressly agrees that use of such services to store and/or process personal and financial details is subject to risk and that no guarantee can be afforded to the Client that details are 100% secure while they reside on a server hosting service provided by Thinkscape and/or it’s agents and suppliers. Under no circumstances, including negligence, shall Thinkscape, its offices, agents or any one else involved in creating, producing or distributing Thinkscape’s web site design and Internet service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of Thinkscape’s web site design, e-commerce, Internet and/or hosting services.
(5) LAWFUL PURPOSE:
(6) INDEMNIFICATION:
(7) GENERAL: 7.2 Unless otherwise agreed in writing, this Agreement cancels and supersedes all or any previous agreements between Thinkscape and Client. 7.3 Client agrees that Thinkscape cannot guarantee that Internet Search Engines or any third party web site which is not owned, under the control or management of Thinkscape is obliged to register the client’s web site address, contact details or other details relating to the client. Client agrees not to hold Thinkscape responsible should a third party web site including Internet Search Engine's, decide not to add their web site to the third party web site in question. 7.4 Client agrees that Thinkscape cannot give a guarantee of any kind whatsoever as to the position of the client’s web site in any search results transmitted from an Internet Search Engine or third party web site. 7.5 Client agrees that Thinkscape cannot guarantee that a web site is completely secure from attack or violation by a third party. Thinkscape will endeavour to secure a web site to best practice but is unable to guarantee a web site is 100% secure against all types of attacks or attempted hacks. Where a Service Level Agreement (SLA) expressing terms for restoring a hacked or damaged web site exists between the Client and Thinkscape, Thinkscape will work as quickly as possible to restore the client's web site and data to a working condition. Client agrees that it shall defend, indemnify, save and hold Thinkscape harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees, (“Liabilities”) asserted against Thinkscape, its agents, its customers, servants officers and employees, that may arise or result from such attacks or disruption caused to a web site in the event of such attack attempts. 7.6 Thinkscape produces code for a project on a case by case basis. Thinkscape attempts to ensure that coding such as HTML, CSS or other coding involved will work using the market leading browsers for desktop based computers. We do not typically code for browser software that is over three years old including but not restricted to Microsoft Internet Explorer 7 or older, Mozilla Firefox 4 or older, Apple Safari 4 or older and other similar software products. Unless the briefing document supplied by the client to Thinkscape specifically requests that coding should operate in particular browser versions, Thinkscape will code for standards compliant browsers no older than three years old. 7.7 These terms are subject to change without notice and such changes are posted to the web site address http://www.thinkscape.ie/legal
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