Terms and Conditions

Welcome to Gaelic Web Design. Please take time to read these important terms and conditions. This site is owned and operated by Gaelic Web Design, hereafter referred to as www.gaelicwebdesign.com , Gaelic Web Design, www.gaelicwebdesign.ie, we, our and us. Your use of this website and any materials available herein identifies that you agree to the following terms of use (herein after referred to "Terms of Use"). If you do not agree to these terms then you should leave this website immediately, not use any of the materials available herein, and/or not subscribe to any of our service provided by this web site. These terms and conditions apply to all products and services offered by Gaelic Web Design. By ordering services from Gaelic Web Design you are agreeing to the following terms and conditions.

Application of Terms.
1. These Website Terms and Conditions (the "Terms") govern the relationship between you and Gaelic Web Design with regard to your use of this Site and the services of Gaelic Web Design.
2. By accessing any part of the Gaelic Web Design Site, you consent to the Terms.
3. Gaelic Web Design reserves the right to change the Terms from time to time without prior notice and accordingly you should check the Terms each time you access this website.
Use of the Website.
1. You agree not to modify copy, distribute, transmit, display, reproduce, publish, license or otherwise use the content of Gaelic Web Design for resale, redistribution or for any other commercial use.
2. You shall not use the Gaelic Web Design Site for any purpose that is unlawful, abusive or threatening or for the transmission of any virus or any other computer code, files, or programmes which are designed or likely to interrupt, damage, destroy any computer hardware or software or interfere in any way with the normal operations of the Gaelic Web Design website.
3. You acknowledge that the Gaelic Web Design web site has been specifically designed for use in Ireland and agree not to use or access the Gaelic Web Design in and from jurisdictions in which it or its contents are restricted or prohibited by local law.
Gaelic Web Design Products and Services.
1. The copyright for all material provided by Gaelic Web Design, such as code, graphics, photographs, images, clipart and text, will remain the property of Gaelic Web Design until payment has been made in full where upon they will become the property of the client.
2. All material, both text and images supplied by the client and used in the construction of the client's website, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. For the use of certain images “model release” or “property releases” may be required, the client is required to confirm with the provider of their images and all the required release are available.
3. Depending on the type of project and customers requirement, Gaelic Web Design may create website drafts for the client which will be uploaded to our development server. If the client requires changes or modifications to the draft version of their website, these changes must be submitted to Gaelic Web Design by email within five working days.
4. If the client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, Gaelic Web Design reserves the right to quote separately for these alterations.
5. The client is required to supply any material necessary for their design before Gaelic Web Design starts any work. This type of content may include images, photos, text, videos, links, graphics or any other content the client wishes to include on their website.
6. If during the Web Site Development Cycle, the client does not supply the content required to complete the website within a reasonable amount of time, Gaelic Web Design will consider that the client wishes to cancel the website design project and client will be billed for all work carried out. The client will be required to settle the invoice within 10 working days.
7. Accounts not paid on time are subject to suspension / deletion from our servers without notice after the 15 day period.
8. Deposit and Payment method. Gaelic Web Design requires a 30% deposit before any work is carried out. Once the development work has started this deposit is non refundable with no exception's. On completing the website design project Gaelic Web Design require the balance to be paid before the website goes live. The deposit and method of payment way vary depending on the project, you project agreement contract will state the payment agreement payments for your project.
9. If at any point during the Website Development Cycle the client wishes to cancel the project, they may do so but, the client will be invoiced an amount that Gaelic Web Design judges to be proportional to the amount of project work completed.
10. Gaelic Web Design expects payment by cheque, credit card or cash within 15 days of the date of any invoice issue.
11. Gaelic Web Design will register domain names and setup hosting for clients if required. Domain Names registered and hosting accounts will remain the property of Gaelic Web Design until full payment has been received. Once payment has been received the registration details will be updated with the clients contact details. Hosting accounts and domain names have annual fees associated with them; the client is responsible for ensuring these fees are paid on time with the relevant hosting company. Gaelic Web Design is not a web hosting company so any hosting we setup for a client is with a 3rd party provider.
12. As part of our internet marketing service Gaelic Web Design will submit a client's website to several of the major search engines. Gaelic Web Design will make every reasonable effort to promote the website effectively but cannot guarantee high placing in search engine results.
13. Gaelic Web Design does not undertake to maintain or update a client's website as part of the design project. If a client requires maintenance or update to their web site as a separate project, Gaelic Web Design can offer the client a maintenance contract appropriate to the amount of work required; this will vary depending on the type of web site and where the web site is hosted.
14. All web sites projects completed by Gaelic Web Design are done so at the direction of and based on information provided by the client.
15. Gaelic Web Design shall not be liable in any way whatsoever for:
  1. Any damage of any kind (direct, indirect, consequential, incidental or punitive) which results from the use of, access to or inability to use the information contained in any web site which it has designed.
  2. Any errors or omissions in the contents of any web site which it has designed
  3. Any damages that may infect (virus) a site visitor’s computer equipment, software, data or other property which result from a site visitor’s access to, use of or browsing in any site designed by Gaelic Web Design.
  4. Any damages which result from the downloading of material, data, text, images, video or audio from any site designed by Gaelic Web Design.
  5. Any content in any site linked to a site designed by Gaelic Web Design and any resulting damages from a site visitor’s access to any such linked site – site visitors link to any other such sites at their own risk
  6. Each individual web site owner reserves the exclusive right to alter its site content in any way, at any time and for any reason without prior notification carrying no liability for any consequences of such changes. Should Gaelic Web Design work to any directive from a site owner to change the site content then such work is undertaken on the clear understanding that no liability whatsoever relating to such changes is assigned to Gaelic Web Design.
  7. Gaelic Web Design will not be responsible for any damages arising from or relating to the use of any web site created by or any goods or services provided by Gaelic Web Design including internet marketing services or obtained in any manner through or in connection with any web site. Gaelic Web Design makes no warranties of any kind, expressed or implied for the services it provides.
  8. Gaelic Web Design disclaims any warranty or merchantability or fitness for a particular purpose. Without limiting the foregoing, Gaelic Web Design shall not be liable for loss of data resulting from delays, non delivery, wrong delivery, or any and all service interruptions caused directly or indirectly by Gaelic Web Design.
  9. Gaelic Web Design reserves the right to use third party software packages, third party developers, third party companies, and 3rd party solutions.
  10. Gaelic Web Design shall not be liable to any business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether advice has been given of the possibility of any such loss or damage.
  11. The provisions set forth above allocate the risks under this agreement between the parties and it is agreed that such allocation and limitation are not unenforceable. By agreeing to these terms and conditions your statutory rights are not affected.
16. For all web design project please read and refer to your project agreement contract (also know as the Service Agreement). The project agreement contract will state all term and condition in relation to your web design project. If the above section 3 of this document differs from your project agreement contract, the project agreement contract supersedes this section.
Third party sites.
1. You acknowledge that the Gaelic Web Design Site may contain links to web sites operated by third parties ("Third Party Sites"). You further acknowledge that these links are for your convenience only and Gaelic Web Design does not endorse, nor claim to control, monitor or verify the contents of the Third Party Sites. Gaelic Web Design shall not be liable for the contents of the Third Party Sites or for any loss, damage or injury sustained by you arising out of use by you of a Third Party Site. .
Intellectual Property Right Notice.
1. You acknowledge and accept that all of the copyright, database rights and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of the Gaelic Web Design Site are the property of Gaelic Web Design, its information providers, advertisers and other licensors. No part of the Gaelic Web Design Site or its content may be copied or reproduced.
2. Gaelic Web Design grants you a personal, non-exclusive, non-transferable license to access the Gaelic Web Design Site and use the Gaelic Web Design Site in accordance with these Terms.
3. All other trademarks contained in the Gaelic Web Design Site belong to their respective owners. You are not authorised under these Terms to use any of Gaelic Web Design's trademarks or any other trademarks contained in the Gaelic Web Design Site.
Copyrighted Materials.
1. "Materials" on the Gaelic Web Design web site shall constitute and be defined as any text, files, images, animations, or videos available on the Gaelic Web Design site.
2. All Materials downloaded from Gaelic Web Design is licensed to you by Gaelic Web Design. Downloading these Materials does not transfer any title from these Materials to you, or any intellectual property rights therein to you.
3. You may under no circumstances redistribute or sell any content on or downloaded from this web site at any time, and it is illegal to duplicate, download, or distribute any Materials from Gaelic Web Design except with written permission from Gaelic Web Design.
4. The design and layout, as well as all Materials provided on the Site, may not be copied or imitate in whole or in part.
Disclaimer and exclusion of liability.
1. Gaelic Web Design has taken all reasonable steps to ensure that the information on the Gaelic Web Design Site is accurate, complete and up to date and that the Gaelic Web Design Site functions correctly. However, no warranty, representation or assurance (whether express or implied) of any kind is given in this respect, nor that the Gaelic Web Design Site shall be compatible with your hardware and software and bug and/or virus-free, that it shall be accessible without interruption or that it or the information contained on it will meet your requirements.
2. YOU AGREE THAT GAELIC WEB DESIGN SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHATSOEVER (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR FUTURE AND WHETHER OR NOT REASONABLY FORESEEABLE, CONTEMPLATABLE OR ACTUALLY CONTEMPLATED BY THE PARTIES) SUSTAINED BY YOU OR THIRD PARTIES ARISING OUT OF YOUR USE OF THE GAELIC WEB DESIGN SITE, WITH THE EXCEPTION THAT GAELIC WEB DESIGN DOES NOT PURPORT TO EXCLUDE LIABILITY IN RESPECT OF :
  1. DEATH OR PERSONAL INJURY AS A RESULT OF ANY NEGLIGENCE; AND
  2. FRAUD OR FRAUDULENT STATEMENTS ON THE PART OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS.
3. WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSE 6.2, YOU AGREE THAT GAELIC WEB DESIGN SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF CONTRACT OR OPPORTUNITY OR LOSS OF GOODWILL.
4. THE PARTIES AGREE THAT ALL STATUTORY WARRANTIES AND ANY OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
Indemnity.
1. YOU AGREE TO INDEMNIFY AND HOLD GAELIC WEB DESIGN HARMLESS FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE GAELIC WEB DESIGN SITE, YOUR USE OF ANY LINKS TO WEBSITES OPERATED BY THIRD PARTIES AT YOUR OWN RISK. YOU AGREE TO COOPERATE WITH GAELIC WEB DESIGN AND TO COMPLY WITH ITS REASONABLE INSTRUCTIONS TO LIMIT OR MINIMISE ANY LIABILITY OF GAELIC WEB DESIGN.
General.
1. No third party shall have any rights to bring a claim in respect of these Terms.
2. The rights and obligations created by these Terms are enforceable by and may be assigned by Gaelic Web Design. You may not assign your rights or obligations under these Terms.
3. To the extent that any of the provisions of these Terms are or become unenforceable, then it is the intention of the parties that such part be severed from the remaining part, and this shall not affect the validity or enforceability of the Terms as a whole or of any other provisions thereof.
Governing Law and Jurisdiction.
1. The parties agree that these Terms are governed by Irish Law and the Irish Courts have exclusive jurisdiction.
2. If you have any complaint or query in relation to the Gaelic Web Design Site of these Terms, please email us at info@gaelicwebdesign.com
LIMITATION OF WARRANTY
1. EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT, IF ANY THAT IS ATTACHED TO THE SITE, GAELIC WEB DESIGN MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY GAELIC WEB DESIGN WITH RESPECT TO THE SITE, CONTENT AND MATERIALS. GAELIC WEB DESIGN DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT GAELIC WEB DESIGN WILL CORRECT ANY ERRORS, OMISSIONS OR DEFECTS.
2. YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT. IN NO EVENT WILL GAELIC WEB DESIGN OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF GAELIC WEB DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF GAELIC WEB DESIGN OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

These Terms of Use contain the entire understanding of the parties hereto relating to any use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Web Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. Gaelic Web Design reserves the right to modify or terminate these Terms of Use without notice, if, in Gaelic Web Design sole discretion, you fail to comply with any term of these Terms of Use. Upon termination, you must destroy all materials obtained from this Site, copies and related documentation thereof. In addition, Gaelic Web Design reserves the right to terminate this Site without notice.

(v1.1 –28MAy2009)