Smith and Wise - Online Marketing - Website Development - Online PR - Ireland
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Terms and Conditions / Privacy Policy

08 Feb 2010

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By visiting our website, www.smithandwise.ie and/or www.smithandwise.com and it's subdirectories you agree to the following terms and conditions and privacy policy.

 

 

Privacy Policy

Smith and Wise will never knowingly pass on details transmitted through this website, by phone, email, post, fax or in person to unauthorised third parties. In addition to contact you openly make with Smith and Wise, we would like you to note that we also record visitor activity on our website in the form of anonymous data collection which helps us to improve our website and identify potential problems. Under normal circumstances, it is impossible to track an IP address and other information collected to an individual or organisation unless criminal activity occurs on our website. In such a case, we must pass on details to third legal parties, policing organisations in Ireland or worldwide, or to compile our own legal claims. Within our privacy policy, we pledge to act within the Data Protection Acts (1988 onwards) under Irish law. Any breaches reported to us will be investigated appropriately and if necessary, we will contact relevant government and legal bodies. Please report all complaints and concerns in writing to:

E-mail:
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Website Terms Of Service

When you use this website you agree to abide to civil, commercial, intellectual property, communications and liable laws which apply in the Republic of Ireland, regardless of your location. Failure to do so may result in legal action in an Irish court and possible extradition for offences against the state. In addition to these laws, accessible via this link http://www.irishstatutebook.ie/, and our privacy policy we wish to reaffirm the following rights:

Terms and Conditions for accessing this website.

1. By using this site you agree to be legally bound by these terms and conditions. If you do not agree to be legally bound by all the following terms you should not access and/or use our website or communicate in any way with the server hosting this website, namely, SmithandWise.ie / SmithandWise.com

2. Henceforth in this legal declaration, you the website user, or associated parties will be known as either "you" or "the client". We, Smith and Wise will be known as "We", "Us" or "Our Company", our general or individual assets will be addressed by the prefix "Our".

3. You agree that we reserve the right to change these, or any, terms and conditions, content and/or declarations without prior notification, and changes made come into immediate effect upon being presented here. When such changes are made, you may revoke your agreement by engaging with our company online using this or any website, or continue to accept such changes.



Lawful Use

1. You may not broadcast, copy, download, frame, reproduce, republish, post, transmit or otherwise use our websites content appearing on our website, or any other media, in any way except for your own personal, non-commercial use. Any other use of such content requires permission of our company (contact details available in our privacy policy).

2. You agree only to use our website, and associated services for completely lawful purposes, in a way that does not infringe the rights of, restrict or inhibit the use or enjoyment of this site by any third party. Prohibited behaviour includes but is not limited to defamation, damaging the security of our website, harassing or causing distress or inconvenience to any person, damaging content on our website, transmitting obscene or offensive content or anything which may affect the effective operation of our website.
3. We reaffirm, hacking, damaging or otherwise compromising the security of this website is highly unlawful under Irish law, and hence will be treated as criminal damage in an Irish court of law.

Disclaimers/Limitation of Liability

1. Our websites content, is provided on a "As Is" and on an "voluntary access" basis without any representations or any kind of warranty whether express, implied or statutory of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

2. Our company will not be liable for any damages, including consequential damages, or any damages arising from the loss of use, interruption of trade, financial loss or damages, whether in contract, negligence or other tortious action, arising from or in connection with the use of our website.

3. We refuse to accept any responsibility for the failure and/or actions of third parties, and content and communication interception which may occasionally occur using our website or associated services.



Third Party Content

1. Any third party content hosted or otherwise presented on our website is copyright of it's respective owners. We do not accept liability for any loss or damage in transmission of such content and in turn do not accept any liability for how content may be misused by our websites users.

2. If you notice any third party, unauthorised content displayed on our website or otherwise communicated or transmitted by our company, please contact us (details available in our privacy policy).



Third Party Sites/Links

1. Our company not responsible for the availability or content of any third party websites or material accessed through the our website. We purposely do not monitor third party content available through third party websites and/or links as a disclaimer of liability for such content.

2. Our company does not endorse, and shall not be held responsible for any content, advertising, products, services or information on or available from third party sites. Third party sites linked through our website are not covered by our terms of service, and hence you must review their policies appropriately.



Disclaimer Of Liability For Legal Declarations

1. If any provisions of these terms and conditions are found to be illegal, outdated, less legally preferable in a legal action or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect. We refuse to accept liability for parties who do not make us openly aware of faults and later deny such observations in legal action - Access our website at your own, sole risk and liability without exception.



These terms shall be governed by and interpreted in accordance with the laws of Ireland.

 

Client Terms and Conditions Of Service

Standard Non-Disclosure Agreement (NDA’s)
In addition to the terms set down in supplied and negotiated NDA’s, the following terms and conditions apply to all clients, unless otherwise stated.

  1. All clients are afforded the rights for their online spend to remain confidential. This will be permanently kept secret unless otherwise required by law. This does not affect clients whom choose to reveal their spend.
  2. Smith and Wise will never share website traffic analytics data among clients, even after a contract has been terminated, providing 1). The client has paid all analytical / traffic reporting fees to date, 2). The client has not otherwise publicly revealed statistics and 3). The client has brought Smith and Wise into disrepute, where reparation may included stating of material facts and figures in a court of law, or in public relations.
  3. All client content, services, products and materials remain the property of Smith and Wise until the final payment for each individual item is paid for, and hence, in cases where clients terminate contracts, avoid contact or disagree with payment terms set out on application of content, services, products and/or materials, Smith and Wise may resell any and all unpaid items, regardless of value, confidentiality or moral importance, after the agreed period. The agreed period is the failure of a client to communicate for 40 days, and/or failure to pay an invoice which is 45 days overdue, and/or failure for a client to remain contracted to Smith and Wise. This does not affect clients whom their contract is terminated by Smith and Wise, and does not affect previously paid for items.
  4. All clients industry specific data is considered private and confidential until 90 days after a contract has been terminated, at which point, non-identifying knowledge and resources may be used in increasing the effectiveness of remaining, and new clients campaigns.
  5. All clients must not present confidential documents supplied by Smith and Wise to any third parties, even after a contract has been terminated, without the prior written, signed and dated permission of Smith and Wise.
  6. Clients whom wish for exemptions, changes or adaptions to these terms and conditions must state them before project / research work commences. Extensions to stated periods may be granted, subject to mutually (client - agency) agreed extension payments.


Amended 1st January 2010

 

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