TERMS AND CONDITIONS FOR PLUMB.IE

1. Description of Services.

In accordance with these Plumb.ie Terms and Conditions (referred to as The Terms and Conditions) Plumb.ie shall display on the Plumb.ie website one or more of the following on the applicable listing of the Customers Business  the phone number and a link to the Plumbers email address from the effective date until terminated by either party in accordance with these terms and conditions.  Plumb.ie makes no guarantees as to the effectiveness of creating a business listing.  Plumb.ie business listing is a subscription product that helps customers in need of plumbing services to reach your service by providing localised contact details including phone numbers, website and email addresses.  It is a powerful tool to help plumbers market to consumer.

 

2. Definitions

 

“Business Listing” shall be defined as a listing which includes one or more of the following listed on the Plumb.ie a phone number website and email address for the Plumbing Service.

 

“Business Listings Orders” means the record generated by Plumb.ie sent to the plumber setting out the terms of the Business Listing.

 

“Customer” or “You”  means the contracting entity (together with any affiliates or subsidiaries, if applicable) as listed in the Business Listing Order.

 

“Effective Date” means the date that the Business Listing is initially displayed on the Plumb.ie and as recorded in the Business Listings Order (unless otherwise agreed between the parties).

 

“Site User” means any person accessing the site or the information thereon.

 

“Subscription Term” means the period of a Business Listing subscription (regardless of payment frequency) which may be renewed in accordance with these terms.

 

“Plumb.ie Site” means www.plumb.ie.

 

 

3. Sales Order Rules

 

All requests by a Customer to create a Business Listing on the Plumb.ie Site are governed by this Agreement and the Business Listing Order.  No other conditions. Provisions, or terms of any sort appearing in any writing or other communications made in connection with this Agreement, including without limitation those contained on any forms of payment, will be binding on Plumb.ie whether in conflict with or in addition to this Agreement.  This Agreement is binding on the Customer and not subject to cancellation, except as provided below under Section 4 & 7 Customer will use Plumb.ie services in accordance with Plumb.ie Site terms of use https://www.plumb.ie pages/terms.html (as amended from time to time) any applicable law and in a manner which does not interfere with, disturb, or disrupt other network users, services, or equipment, as determined by Plumb.ie in its sole discretion.

 

4. Business Listings

Plumb.ie reserves the right, without liability to reject, remove and/or cancel any information in the Business Listings that contain content or links which do not meet Plumb.ie’s specification at sole discretion.  Plumb.ie sole liability under this Agreement shall be to refund the pro rate a portion of amounts paid for the unfulfilled term to the extent that the content or links do not meet Plumb.ie specifications.  However, in cases which involve fraudulent  activity of any type, or inappropriate or malicious content, no refunds will be provided.  Plumb.ie may redesign the Plumb.ie Site at its sole discretion at any time. Customer agrees to the following:-

 

• Customer hereby grants Plumb.ie and its affiliates the right to display Business Listing information on the Plumb.ie Site and any other Plumb.ie media sites, partner web sites, and emails that are related to Plumb.ie as defined above.

Failure by Plumb.ie to publish any Business Listing information does

not constitute a breach of contract or otherwise entitle Customer to any legal remedy.

 

• Customer’s failure to comply with all applicable requirements of this Agreement may delay or prevent the display of the Business Listing and shall give Plumb.ie the right to immediately terminate the Applicable Agreement.

 

• Customer shall be solely responsible for the content provided to Plumb.ie for the Business Listing and any web site linked to and from such information and Customer shall indemnify Plumb.ie for all loss, costs and damages in connection with any claims of infringement of any third party rights and any claims arising from the content (including but not limited to unfair or deceptive acts and practices and consumer protection claims). Customer represents, warrants and covenants to Plumb.ie that at all times

 

(i) it is fully authorised to publish the entire contents and subject matter of all requested information (including, without limitation, all text, URLs, and internet sites to which URLs are linked);

(ii) all such materials and internet sites comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party,

(iii) it has the full corporate rights, power and authority to enter in to this Agreement and to perform the acts required of it hereunder, and its execution of this Agreement does not and will not violate any agreement to which it is a party or by which it is otherwise bound, or any applicable law, rule or regulation and

(iv) each such internet site is controlled by Customer and operated by Customer or its independent contractors, is functional and accessible at all times and is suitable in all respects to be linked to and from the applicable site.

 

• It is the Customer’s obligation to submit Business Listing information in accordance with Plumb.ie then existing criteria or specifications (including content limitations, technical specifications, terms of use, privacy policies, user experience policies, policies regarding consistency with Plumb.ie’s public image, and any other Plumb.ie Policy (collectively “Policies”).

 

• Public Announcements. Customer hereby grants Plumb.ie permission to publicise the fact that it is a Business Listing customer of Plumb.ie in a press release, Customer shall not use, display or modify Plumb.ie’s trademarks in any manner without the prior written consent of Plumb.ie.

 

5. Privacy and Compliance

From the date that the Business listing information begins to be displayed, through the expiration or termination of this Agreement or applicable Agreement Customer shall have a privacy policy in place governing Customer’s use of end users’ personal information that meets GDPR or exceeds any applicable laws, rules and regulations governing the use of such information.  Both parties shall ensure that any collection, use and disclosure of information obtained pursuant to the related Agreement comply with all applicable laws, regulations and privacy policies,  Customer agrees not to send any unsolicited, commercial email or other online communication (e.g. “spam”) through to Plumb.ie users and shall comply with all applicable Plumb.ie policies regarding bulk mail.  This section shall survive the completion, expiration, termination or cancellation of this Agreement for a period of five (5) years.

 

6. Payment Terms and Calculations.

Where customer purchases a Business Listing subscription, Customer acknowledges and agrees that this is on the basis of a recurring payment, and that payments shall be made to Plumb.ie by the method selected by Customer at the recurring intervals until the subscription for Business Listings is terminated by Customer or in accordance with this agreement.  Customer agrees that the same method of payment must be used for all business services purchased by Customer under the same account, unless otherwise notified by Plumb.ie.  Accordingly, if Customer makes a change to its selected  payment method for Business Listings, this will effect a change to the payment method for all other services.  Customer’s authorisation to debit its Bank account, charge its credit card or make any other valid form of payment for Business Listing subscription fees will create an authorisation for the same method of payment for all other services ordered under the same account. Customer shall be charged for the Business Listing from the Effective Date. Customer shall pay Plumb.ie upfront or in regular instalments (as applicable) for display of Business Listing information.  If Plumb.ie agrees to receive payment by monthly or quarterly instalments, Customer must pay Plumb.ie every month or quarter, as applicable, in advance.  In addition to any other rights Plumb.ie may immediately remove Customer’s Business Listing information in the event that it detects some form of misuse within such time period. All sums payable by Customer to Plumb.ie under this Agreement are exclusive of any sales tax, indirect or other taxes chargeable on any supply to which those sums relate (except for VAT, which may be billed in Customer’s invoice. Business Listings will be renewed automatically at the end of a Subscription Term for a subsequent Subscripton Term of equal length at the then current standard rates.  The applicable fees will be charged to the payment method on file unless otherwise notified of a cancellation in writing. Although Plumb.ie may choose to send a reminder email prior to charge a Customer for a renewal fee.  Plumb.ie is not responsible for notifying a customer of this automated renewal.  If you miss any payment owed to Plumb.ie or if a credit card is expired or otherwise fails to authorise, the Business Listings service may be discontinued without notice.

 

7. Effective Date, Cancellation, Switching and Add-Ons
   • Effective Date: Unless Plumb.ie notifies the Customer otherwise, this Agreement is effective upon the Effective Date.
   • Cancellation: A Customer may cancel its Business Listing subscription, thereby terminating this Agreement, solely in accordance with the following cancellation policies

• Subscription Terms: The minimum subscription term is one year.  If a Customer requests the cancellation of this type of Business Listing subscription at any time during the first 14 days of the first Subscription Term (or of any subsequent Subscription Term, if the subscription is renewed) the cancellation will take effect immediately and the customer will be entitled to a prorated refund for that  Subscription Term, in respect of the unused portion of the subscription, unless Customer pays in monthly instalments, in which case Customer shall not be entitled to a prorates refund in respect of the monthly billing period during which cancellation is requested.  If a Customer requests cancellation at any time after the first 14 days of the first Subscription Term

( or of any subsequent Subscription Term, if the subscription is renewed), the cancellation will take effect on the first day after the end of the current Subscription Term and the Customer will be liable for payment of  Business Listing fee for that Subscription Term.

UPON TERMINATION OF THIS AGREEMENT, CUSTOMER’S SOLE REMEDY WILL BE A REFUND OF PRE-PAID FEES (IF APPLICABLE) UNDER THE TERMS OF THE ABOVE CANCELLATION POLICIES.  NEITHER PLUMB.IE NOR ANY OF ITS AFFILIATES WILL HAVE ANYOTHER LIABILITY OF ANY NATURE TO THE CUSTOMER, OR ANY OTHER THIRD PARTIES, IN RESPECT OF TERMINATION.

• Add-ons. If Customer purchases an Add-on, it shall expire, renew and be cancellable on the same terms as the Business Listing subscription to which it relates.

 

8. Liability, Warranty & Indemnity

• IE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES AS TO THE NUMBER OF VISITORS TO OR PAGES DISPLAYED ON THE PLUMB.IE SITE OR THE FUNCTIONALITY, PERFORMANCE, OR RESPONSE TIMES OF THE SITE PLUMB.IE DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY OTHER LOSS, INJURY, COST OR DAMAGE SUFFERED BY CUSTOMER OR ANY THIRD PARTY OR SITE USER AND SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS. THISPROVISION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT.  IN NO EVENT SHALL PLUMB.IE OR ANY OF ITS AFFILIATES BE LIABLE TO CUSTOMER FOR AN AMOUNT IN EXCESS OF THE TOTAL EURO AMOUNT ACTUALLY RECEIVED BY PLUMB.IE FROM CUSTOMER FOR THE SPECIFIC BUSINESS LISTING INFORMATION AT ISSUE.
• Customer agrees to defend, indemnity and hold harmless Plumb.ie and each of Plumb.ie’s agents, customers, subcontractors and affiliates, and the officers, directors and employees of any of the foregoing, from, against and in respect of any and all losses, costs, (including reasonable Solicitors fees) expenses, damages, assessments, or judgments (collectively “liabilities”) resulting from any claim against any such parties in connection with Customer’s advertisement, except to the extent that such claims directly resulted from the gross negligence or wilful misconduct of Plumb.ie. The Customer agrees that Plumb.ie has no legal liability to the site users arising out of any contractual or other arrangement or agreement entered into by the Customer or any site user.