ACCEPTANCE OF THESE TERMS AND CONDITIONS
Walnut Rock Technologies has the right to revise these Terms and Conditions at any time without providing notice to its users. Your continued use of Walnut Rock Technologies Products and Services and/or your Account shall be deemed irrevocable acceptance of those revisions.
INFORMATION ON THIS WEBSITE
Information on this website is provided “as is” and we disclaim all representations, warranties and conditions, express or implied, of any kind including, to the extent permitted by law, as to satisfactory quality or fitness for purpose. While we make every effort to ensure that the information contained within the web site is complete, accurate and current, we expressly do not guarantee that the information is complete, accurate or current and assume no responsibility for any errors or omissions of any kind in the content of the website. We reserve the right to amend or supplement the information supplied on this website without prior notice.
USE OF THIS WEBSITE
We shall not be liable to any party for any direct, indirect, special, or consequential damages or any damages whatsoever resulting from loss of use, data, profits or expense whether in an action of contract, negligence, or other action arising out of any use of our services or in connection with the use or performance of this website or the content of this website or referred to on this website or any other website you may access through this website.
COMMENCEMENT OF THE AGREEMENT
This agreement commences on the date Walnut Rock Technologies accepts the customer’s order for Services. No Contract shall come into existence until the Customer’s order has been accepted by Walnut Rock Technologies. The contract shall be deemed concluded at the time and place when the final service is completed and accepted by the Customer.
Walnut Rock Technologies resells domain names through accredited registrars, including but not limited to GoDaddy. Walnut Rock Technologies does not warrant or guarantee that the domain name applied for will be registered in the customer’s name or is capable of being registered by the customer.
The registration, transfer and/or renewal of a domain name and it’s ongoing use is subject to the registrar’s Terms and Conditions. The customer is responsible for ensuring that they are aware of these terms and conditions and that they comply with them. The customer irrevocably waives any claims they may have against Walnut Rock Technologies in respect of the decision of the registrar to refuse to register a domain name and, without limitation, agree that the administration charge paid by the customer to Walnut Rock Technologies shall be non-refundable in any event.
Walnut Rock Technologies accepts no responsibility in respect of the use of a domain name by the customer. Any dispute between the customer and any other individual or organisation regarding a domain name must be resolved between the parties concerned. Walnut Rock Technologies reserves the right, on becoming aware of such a dispute, to either suspend or cancel the account, and/or to make appropriate representations to the relevant authority.
Walnut Rock Technologies uses third party web hosting providers, including but not limited to PythonAnywhere. Walnut Rock Technologies does not warrant or guarantee that the web hosting account will be registered in the customer’s name or is capable of being registered by the customer.
The registration, transfer and/or renewal of a web hosting account and it’s ongoing use is subject to the third party’s Terms and Conditions. The customer is responsible for ensuring that they are aware of these terms and conditions and that they comply with them. The customer irrevocably waives any claims they may have against Walnut Rock Technologies in respect of the decision of the third party provider to refuse to register a web hosting account and, without limitation, agree that the administration charge paid by the customer to Walnut Rock Technologies shall be non-refundable in any event.
Walnut Rock Technologies accepts no responsibility in respect of the use of a web hosting account by the customer. Any dispute between the customer and any other individual or organisation regarding a web hosting account must be resolved between the parties concerned. Walnut Rock Technologies reserves the right, on becoming aware of such a dispute, to either suspend or cancel the account, and/or to make appropriate representations to the relevant authority.
CUSTOMERS WARRANTIES, LIABILITIES AND UNDERTAKINGS
The customer agrees to indemnify and keep indemnified and hold Walnut Rock Technologies harmless from and against any claim brought against us by a third party resulting from the provision of services by Walnut Rock Technologies to the customer and/or the customer’s use of services on-sold to the customer whereby Walnut Rock Technologies acts as a reseller, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by Walnut Rock Technologies in consequence of the customer’s breach or non-observance of these terms.
The customer warrants that they will keep secure any passwords used with the services provided by Walnut Rock Technologies.
The customer further warrants that at the time of entering into this agreement they are not relying on any representation made by Walnut Rock Technologies which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced.
The customer agrees that they are solely responsible for dealing with persons who access their service accounts and that they will not refer complaints or inquiries in relation to such access to us.
SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract or agreement will be deemed to have been completed and the balance of the project price will become due.
The Client understands that any and all revision requests, updates, corrections, additions or variations will incur an hourly billable or project charge. Design work is not done free of charge unless otherwise arranged with Walnut Rock Technologies explicitly and clearly in writing.
Unless otherwise agreed, Walnut Rock Technologies will complete ONE large revision stage, and TWO minor revision stages. Revision requests are to be made within SEVEN days of receiving the proofs. If no revisions are requested within this time, it is assumed that the submitted proof is the accepted final. Any revisions made after this point are subject to additional fees at the hourly rate.
The total project quote or rate provided by Walnut Rock Technologies is based on a reasonable average or specified number of revisions per design item, and associated number of billable hours. On the occasion the Client requests drafts or revisions that go beyond the scope of the original quote or rate, Walnut Rock Technologies reserves the right to charge an additional hourly rate upon informing the Client that the request will incur an additional cost. Data / Content/ Product uploading job is not included in the quote and the same needs to be made by the client.
WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
DISPLAYING OUR WORK
We reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books or any other promotional materials.
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice. We cannot guarantee any improvement to a search engine ranking, nor can we promise to get a site higher up or to the 'top of Google', but we build every site in a way that is accessible to search engines in an effort to increase its chances.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
WARRANTIES AND LIABILITIES
Walnut Rock Technologies does not warrant that:
Except as expressly provided to the contrary in this agreement, Walnut Rock Technologies excludes all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
Walnut Rock Technologies gives no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement. No oral or written information, including the information included in this website (www.walnutrocktechnologies.com) or advice given by Walnut Rock Technologies, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and the customer may not rely on any such information or advice.
Walnut Rock Technologies’ total aggregate liability to the customer for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services will be limited to the charges paid by the customer in respect of the services which are the subject of any such claim and provided that the customer notifies Walnut Rock Technologies of any such claim within one year of it arising.
Walnut Rock Technologies specifically exclude any warranty as to the accuracy or quality of information received by any person via the customer’s service product account and in no event will Walnut Rock Technologies be liable for any loss or damage to any data stored on the customer’s account. The customer is responsible for maintaining insurance cover in respect of any loss or damage to their data stored on the servers of our third party web hosting providers.
SUSPENSION, TERMINATION OF SERVICE
Walnut Rock Technologies may suspend or terminate the customer’s account if they breach any of these terms and conditions, or if they become insolvent or they are declared bankrupt.
From time to time Walnut Rock Technologies may have to pause or disconnect the service without notice or deny the customer’s access to the Service during any technical failure, modification or maintenance involved in the Service. Walnut Rock Technologies will use reasonable endeavours to procure the resumption of the services as soon as reasonably practicable and will not be liable if this interruption was caused by any of ours third party providers. In these circumstances the customer will remain liable for all charges due throughout the period of suspension.
If an account has been suspended or terminated due to the customer’s breach of these Terms and Conditions, reactivation of the account will be completely at the discretion of Walnut Rock Technologies. If Walnut Rock Technologies agree to reactivate the customer’s account, payment in full of all outstanding amounts and payment of a reactivation fee will be required by the customer.
If the customer should wish to terminate an account with Walnut Rock Technologies for any reason they may do so by providing 30 days notice in writing. All fees and charges paid to Walnut Rock Technologies by the customer for any products, service or Domain Name registration are non-refundable.
If Walnut Rock Technologies should decide to terminate a customer’s account for reasons other than a breach of these conditions, Walnut Rock Technologies can do so by providing the customer 30 days written notice. In this circumstance, Walnut Rock Technologies will refund any remaining unused credit on the account. Walnut Rock Technologies shall have no liability to you or any third party because of such termination or action.
No refunds will be given (including payment of yearly contracts) if the account has been terminated due to a breach of these Terms and Conditions.
FEES, CHARGES, PAYMENTS AND REFUND POLICY
All charges payable by the customer to Walnut Rock Technologies for the Services will be in accordance with the relevant scale of charges and rates given in our quotes and will be payable in advance of service use. The customer’s account with the third party domain register and web hosting provider will only be created and setup for use once the payment has been received in full by Walnut Rock Technologies.
Upon ordering a service through the Walnut Rock Technologies website and accepting these General Terms and Conditions, the customer will be charged for the first month’s service in advance. The payment will be done after the client accepts the final version of website as presented, even if the Service provided by Walnut Rock Technologies does not become fully operational at that time.
If Walnut Rock Technologies tries to process a payment and is unsuccessful for any reason, the customer will be informed via Email and Walnut Rock Technologies will attempt to re-debit the account seven (7) days later. Should the debit be unsuccessful in the second attempt and no alternative payment method is agreed to between Walnut Rock Technologies and the customer, Walnut Rock Technologies will suspend the account until payment for the next billing month is received. Accounts which have been suspended for a period of three (3) months or more may be terminated by Walnut Rock Technologies. Terminated accounts will be removed, with all associated customer data deleted. The customer acknowledges that Walnut Rock Technologies will not be held liable for any loss on behalf of the customer due to a terminated account. Reactivation of a customer’s account after termination has occurred is subject to the General Terms and Conditions and fees associated with all new accounts.
All prices quoted on the Walnut Rock Technologies website are in Euro and do not include government taxes (VAT) unless otherwise noted. All charges paid for Walnut Rock Technologies products and services are non-refundable.
The provision of services is contingent upon Walnut Rock Technologies receiving payment in full from the customer in respect of the Services provided. Without prejudice to other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, Walnut Rock Technologies reserves the right, to suspend the provision of all Services provided to the customer.
If a customer’s account is closed for any reason, the customer must pay all outstanding charges immediately. Failure to pay all outstanding charges may result in the account being passed to a third party collection agency. If a customer’s outstanding account is passed onto a third party collection agency the customer will be charged the full outstanding amount of the Walnut Rock Technologies accounts plus any fees, charges and/or commissions associated with the costs of the collections agency.
ARCHIVING AND BACKUP YOUR DATA
While Walnut Rock Technologies will archive the customer’s data on a regular basis for the purposes of disaster recovery, these backups may or may not be current and Walnut Rock Technologies will not be liable for incomplete, out-of-date, corrupt or otherwise deficient data recovered from the backups.
The customer may transfer this agreement provided that they give Walnut Rock Technologies notice in the form required (setting out the details of the assignee) accompanied by payment of any transfer fee specified by Walnut Rock Technologies. No other method of transfer by the customer is permitted.
These terms and conditions constitute the entire agreement between Walnut Rock Technologies and the customer. It supersedes all prior agreements, understandings and representations whether oral or written.
NOTIFICATIONS & COMMUNICATIONS
By entering into this agreement the customer agrees to receive other email communications of a marketing and promotional nature from Walnut Rock Technologies or Walnut Rock Technologies partners unless the customer chooses to opt out of the Walnut Rock Technologies mailing list. Any communications deemed to be an essential part of the Walnut Rock Technologies service to the customer (E.G. Billing statements or renewal notices) will still be sent regardless of whether the customer has chosen to opt out of the Walnut Rock Technologies mailing list.
LINKS TO THIRD-PARTY WEB SITES
This website may contain links to non-Walnut Rock Technologies websites. These links are provided to you as a convenience, and Walnut Rock Technologies is not responsible for the content of any linked website. Any non-Walnut Rock Technologies web site accessed from this website is independent from Walnut Rock Technologies, and Walnut Rock Technologies has no control over the content of that website. In addition, a link to any non-Walnut Rock Technologies web site does not imply that Walnut Rock Technologies endorses or accepts any responsibility for the content or use of such web site.
These terms and conditions are governed by the laws in force in the Republic of Ireland. Both parties agree to submit to the exclusive jurisdiction of the Courts of that State.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Walnut Rock Technologies of that third party or of any product or service provided by a third party.