Terms Of Service
Term & Conditions
General Terms & Conditions
Development & Delivery of Deliverable's
Development Future Business shall use its commercially reasonable efforts to develop the Web Site in accordance with the specification Documentation. Future Business shall first prepare a design for the Web Site. This design may include drawings of the user interface, a schematic of how to navigate the Web Site, a list of hyperlinks and other components. All development work will be performed by Future Business or its employees at Future Business offices, or by Future Business independent contractors. At regular and agreed intervals following execution of this Agreement the parties shall discuss progress in Web Site delivery, including all tasks completed and problems encountered relating to development and testing of the Web Site. During such discussion or meeting, Future Business shall advise the Client of any recommended changes with respect to remaining phases of development in view of Future Business's experience with the completed development.
Delivery: Future Business shall use its reasonable endeavors to deliver the components of the Web Site within the times specified in the Timetable and in accordance with the Specification Documentation. However, time shall not be of the essence in this matter.
Manner of Delivery: Future Business agrees to comply with reasonable requests of Client as to the manner of delivery of components of the Web Site, which may include delivery by electronic means.
Delivery of Source Materials: Where agreed between the parties in writing, but in no event earlier than delivery of the final version of the Web Site and payment of Development Services Charges due and payable, Future Business shall deliver to the Client the agreed Source Materials.
Client Supplied Content: Future Business is not responsible for any errors displayed in content supplied by client. Once site has launched all content has been deemed approved by client and fit for public consumption.
Web Site Support. Future Business agrees to provide Client with the Support Services stated to maintain and update the Web Site on the World Wide Web during the Warranty Period at no cost to Client. Such assistance shall not exceed sixteen (16) hours per calendar month. The Support Services shall not include the provision of Enhancements to the Web Site.
Maintenance Period: After the expiration of the Warranty Period, Future Business agrees to provide the Client with the Services stated in Invoice and Order document, where indicated on the front page of this Agreement, for the term set out ("the Maintenance Period" available online) in consideration of the applicable Charges set out. Maintenance shall not include the development of Enhancements to the Web Site.
Enhancements: During the Maintenance Period, if the Client wishes to revise or modify the Web Site, it may request that Future Business provides such Enhancements. Such services shall be provided on a time and materials basis at Future Business's then current list price.
Intellectual Property Rights
Future Business acknowledges and agrees that except as stated in Clause 4.1(b), the Web Site Content and Documentation, including but not limited to images, graphic user interface, source and object code, of the Web Site are and shall be the property of the Client. Except as provided in Part B, Clause 4.1(b), Future Business hereby assigns, conveys and otherwise transfers to the Client, all Intellectual Property Rights in and to the Web Site Content and Documentation. The Client shall be responsible for payment of any stamp duty arising on the transfer of Intellectual Property Rights set out in this Part B, Clause 4.1(a).
4.1(b)All Intellectual Property Rights, of whatever nature, in Future Business proprietary and third party materials, software and documentation, including, but not limited to, the Documentation, used in the provision of the Services, shall vest in and remain vested in Future Business and/or its third party suppliers, as appropriate.
License to use Web Site Content and Client Content: The Client grants to Future Business a nonexclusive, worldwide license to reproduce and modify Client Content as necessary for the purpose of use, development and maintenance of the Web Site.
Internet Access Where Future Business is not hosting the Web Site, as part of contract; the Client shall be responsible for obtaining access to the Internet through an ISP. Future Business shall not be responsible for such access and shall not be considered a party to the agreement between ISP and Client. The ISP will not be a party to this Agreement nor will it be a third party beneficiary of this Agreement.
Licenses to Third-Party Content: The Client shall be responsible for obtaining and paying for any necessary licenses and authorisations to use third-party content in the Web Site.
Licenses to Development Tools: Future Business shall be responsible for obtaining licenses for and paying license fees for any Development Tools used in this project that are not proprietary to the Future Business.
Future Business shall provide the Client with the Hosting Services, for hosting of the Web Site, and/or such other Web Sites agreed between the parties in writing, on the World Wide Web portion of the Internet.
Future Business shall provide the Hosting Services so that the Web Site, and/or such other web sites agreed between the parties in writing, is accessible to third parties via the World Wide Web portion of the Internet. Future Business shall provide only the Hosting Services pursuant to this Part C and any tasks not expressly set forth herein shall constitute additional services. Additional services shall require the agreement of both parties in writing and shall attract additional charges.
Term, Suspension & Termination
The Hosting Services shall commence on the date set out in invoice and shall continue in effect for the term set out therein, unless earlier terminated as provided for. In the event that this does not set out a fixed term, the Hosting Services shall be provided for recurring periods of twelve months each, subject to the right of either party to terminate the Hosting Services upon not less than sixty (60) days prior notice, to take effect at the expiry of the twelve monthly period then in effect. In the event of such termination Future Business shall not be obliged to repay or reimburse the Client for any advance payment of Charges.
Breach by the Client of its obligations set out, shall entitle Future Business to terminate the Hosting Services forthwith upon service of written notice.
Upon receipt of Invoice client is obliged to respond with any corrections within 15 days otherwise the Invoice is deemed correct where services have been delivered.
If Future Business withhold services for payment reasons then there will be a reconnection Fee of €25 per service reconnected.
Where an account has not been paid for over 90 days after renewal term, then there may be an application of Google Adwords on the website or domain.
Return/Refund/ Cancellation Policy
As with our Terms above terms there are services that are not entitled to refund even if cancelled:
- Domain and Certificates - registration or renewal - these are licences issued for the term of application (1,2 3 years etc) and once bought are not entitled to a refund, even issued in error by client
- Hosting - according with term of purchase, from month through to year there is refund eligible except if purchased in error and this MUST be brought to our attention within 14 days of the order been placed. There is no refund on set up charges if applicable, only on the term of service for that month. This ONLY applies to the FIRST one and along as within the 14 days cooling off period. With regard to any other hosting period from quarterly through to yearly in advance, the only refunds given for the remaining periods within the contract are for the subsequent months and not current. These MUST be requested (for refund) 7 days prior to the renewal for the subsequent month. All requests for refunds MUST be made by email to email@example.com before they can be issued. These refunds can take up to 30 days to be returned to you.
- Design and Development of site, systems and applications. As these services are paid in stages of development there is no eligibility for refunds. With regard to cancellation of remaining development there could be a cancellation charge of a minimum of 25% of the remaining contract balance.
- Third Party Software and Development Purchases - Where we purchase on your behalf any software, services or products once upon approval there is no refunds available (except in certain cases where the third part vendor may allow). Upon request we can approach these vendors to seek a refund on your behalf, but there will be a time charge in this case that you will be charged. These purchases will also be in accordance with there indiviudal terms of service.
- Cancellation - No Order (including Backorders) which has been accepted by Future Business may be cancelled by the Buyer except with the agreement in writing of Future Business and on terms that the Buyer shall indemnify Future Business in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Future Business as a result of cancellation. Without limiting its rights under this condition in any way, Future Business reserves the right to charge the Buyer a lost profit charge of up to 25% of the price of the Goods or Services should the Buyer cancel the Order without prior written agreement of Future Business.
- Returns - This is only applicable to hardware product returns and in ALL cases these products must be returned to us in a saleable condition and client will bear any shipping and or restocking fee which is a minimim of 15% of purchase price or €30 which ever is greater. If in the event that the product is faulty, then the client can either request manufactuer, or Future Business to arange a replacement if this fault is covered within the manufactureres warrentee.
Future Business offer in certain case's payment terms to facilitate the development and payment for systems over an agreed period of time. Where payment of such an agreement falls down due to non honor of an agreement, it is within the right for Future Business to demand full payment of the complete balance and failure to do so within 7 working days can incur penalty interest of 1.75% per month.
Once an invoice has been issued by Future Business the client has then a full 30 day period from date of invoice to dispute the invoice or raise query. After this event the invoice is deemed valid and no further dispute will be entertained. There is a further 30 days period (total of 60 days from date of invoice then it must be paid in full or an arrangement entered into that is agreeable to both parties.
All invoices not paid within a 90 day period will then be charged interest (from that date on) of 2% above the standard overdraft rate of Bank of Ireland at the time of issue.
Outstanding invoices and statements are issued via email every week to the designated account by the client, if clients wish to receive an invoice or statement by post then there will be a €1 paper handling charge per transaction.
Future Business reserve the right where services have not been paid for website development and or maintenance for over 6 months to retain ownership of said domain and site until this has been paid. After 12 months of non payment and we continue the services the said website and domain if we continue to pay for the renewal of them will be deemed to be the ownership of Future Business unless otherwise stipulated. This will be in lieu of payment and go towards the reduction of the debt.
General Web Development - Normal terms are where we take a deposit of 50% upon commission, then on launch of beta there is 25% and final payment of 25% of agreed upon launch of the site. Any edits or changes on the web development process that is changed from the original agreed specification may encur additional charges, and again these must be paid prior to the site going live.