Terms & Conditions

Our address is:

These are the agreed terms

1. Definitions

   “Intellectual Property”

   means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.

   “Our Website”

   means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.

   “Services”

   means all of the services available from Our Website, whether free or charged.

2. Interpretation

   In this agreement unless the context otherwise requires:
   1. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
   2. a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that person.
   3. in the context of permission, “may not” in connection with an action of yours, means “must not”.
   4. the headings to the paragraphs are inserted for convenience only and do not affect the interpretation.
   5. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
   6. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
   7. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
   8. these terms and conditions apply to all supplies of Services by us. They prevail over any terms proposed by you.
   9. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. Basis of Contract

   1. On entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
   2. Subject to these terms and conditions, we agree to provide to you some or all of the Services and products described on Our Website at the prices we charge from time to time.
   3. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements.
   4. So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
   5. Our contract with you and licence to you last for the subscription period you have used. Any continuation by us or by you after the expiry of that period is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
   6. The contract between us comes into existence when we receive payment from you for a Service.
   7. We may change this agreement and / or the way we provide the Services, at any time. If we do:
      1. the change will take effect when we post it on Our Website.
      2. we will give you notice of the change. If you do not accept the change, we will refund the money you have paid for the Service to date.
      3. if you make any payment for Services or goods in the future, you will do so under the terms posted on Our Website at that time.

4. Your account and personal information

   1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
   2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
   3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

5. Powform.com subscription terms

   1. Details of the cost and benefits of Powform.com subscriptions are as set out here Pricing and accordingly updated from time to time.
   2. Monthly and Annual subscriptions are available on our paid plans and payment for a Powform.com subscription is for the period you choose at the time of purchase.
   3. We reserve the right to modify the Powform.com subscription rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Powform.com Service after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on Our Website on the day you subscribe to Our Website.

6. Renewal payments

   1. At any time before expiry of your subscription, you may use the “My Account” tab on Our Website to access your personal information and cancel renewal.
   2. At expiry of your Powform.com subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your Powform.com subscription for a further period by sending you an email message.

7. Security of your credit card

   We take care to make Our Website safe for you to use.
   1. Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
   2. If you have asked us to remember your credit card details for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

8. Restrictions on what you may include in your app

   You agree that you will not undertake any activity which is or may:
   1. be unlawful, or tend to incite another person to commit a crime;
   2. consist in commercial audio, video or music files;
   3. be obscene, offensive, threatening, violent, malicious or defamatory;
   4. be sexually explicit or pornographic;
   5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
   6. request or collect passwords or other personal information from another user without his permission;
   7. facilitate the provision of unauthorised copies of another person's copyright work;
   8. link to any of the material specified in this paragraph;
   9. sending age-inappropriate communications or content to anyone under the age of 18
   10. In addition to the restrictions set out above, an exported app must not contain:
   11. hyperlinks, other than those specifically authorized by us;
   12. keywords or words repeated, which are irrelevant;
   13. the name, logo or trademark of any organisation other than that of you or your client;
   14. inaccurate, false, or misleading information.

9. Security of Our Website

   If you violate Our Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to:
   1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
   2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
   3. download any part of Our Website, without our express written consent;
   4. collect or use any product listings, descriptions, or prices;
   5. collect or use any information obtained from or about Our Website or the content except as intended by this agreement;
   6. aggregate, copy or duplicate in any manner any of the content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
   7. share with a third party any login credentials to Our Website;
   8. Despite the above terms, we now grant a licence to you to:
      1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
      2. you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.

10. Uploading to our servers

    1. You must not upload to, or store on our servers any material or content which you are not permitted by this agreement to post to Our Website.
    2. You may not share, let or sub-license space on the servers. (except as an authorised re-seller).
    3. You may not upload to any shared server, any of the following pages, namely those:
       1. pages with banners, graphics or CGI scripts running from their domain being used on other domains. (e.g., hot-linking, image-sucking, load-spreading);
       2. pages with very large graphic archives or galleries;
       3. pages offering download archives or large media distribution (>5GB), such as .zip, .tar, .sit, .ra, .avi, .mov, .asf and .GZ;
       4. pages running large or busy chat rooms;
       5. pages using more than 8% of system resources.
    4. You may not send more than 500 email messages per hour.

11. Termination

    1. This agreement may be terminated:
       1. upon either of us giving the other 14 days notice in writing addressed by post to the last known land address or by e-mail to the last known e-mail address of the other of us. For this and all purposed in connection with this agreement, our addresses are as at the head of this document. If your cancellation is to be effective, you must give us full information to enable us to identify:
          1. who you are and;
          2. that you have proper authority to cancel and;
          3. the Services you wish to cancel.
          4. when we terminate it, without notice, on account of your failure to comply with these terms.
       2. immediately by either party if a trustee receiver administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction).
    2. Any termination of this agreement by this paragraph shall be without prejudice to any other rights or remedies to which a party may be entitled.
    3. Termination by either party shall have the following effects:
       1. your right to use the Services immediately ceases;
       2. we are under no obligation to forward any unread or unsent messages to you or any third party;
    4. In the event of such termination by us, we will within 14 days refund to you the balance of your cost outstanding for any Service, pro rata with time not elapsed;
    5. There shall be no re-imbursement or credit if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

12. Interruption to Services

    1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
    2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
    3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

13. Intellectual Property

    You agree that at all times you will:
    1. not cause or permit anything which may damage or endanger our title to the Intellectual Property;
    2. notify us of any suspected infringement of the Intellectual Property;
    3. indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
    4. on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by us in writing;
    5. not use any name or mark similar to or capable of being confused with any name or mark of ours;
    6. so far as concerns software provided or made accessible by us to you, you will not:
       1. copy, or make any change to any part of its code;
       2. use it in any way not anticipated by this agreement;
       3. give access to it to any other person than you, the licensee in this agreement;
       4. in any way provide any information about it to any other person or generally.
    7. not use the Intellectual Property except directly in our interest.

14. Bandwidth and data storage

    1. You agree that bandwidth and storage requirement shall not exceed the amount ordered by you.
    2. If your bandwidth and storage requirement exceeds the contractually ordered amount we may in our discretion:
       1. charge the price currently charged by us for the additional usage you have used, such charges to be paid within 30 days of the invoice date or
       2. if in our opinion your usage puts at risk the continued Services provision to other customers, we may limit the Services we provide to what we have agreed in our contract with you. We may not be able to give you notice of this.
    3. We assume no responsibility for the deletion or failure to store or deliver email or other messages.
    4. We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
    5. You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
    6. We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.

15. Disclaimers and limitation of liability

    1. The law differs from one country to another. This paragraph applies to sales throughout the EU.
    2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
    3. We make no representation or warranty that the Services will be:
       1. useful to you;
       2. of satisfactory quality;
       3. fit for a particular purpose;
       4. available or accessible, without interruption, or without error;
    4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
    5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
    6. We shall not be liable to you for any loss or expense which is:
       1. indirect or consequential loss; or
       2. economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
    7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
    8. If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input but do not guarantee to agree with your judgement.

16. You indemnify us

    You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
    1. your failure to comply with the law of any country;
    2. your breach of this agreement;
    3. any act, neglect or default by any agent, employee, licensee or customer of yours;
    4. a contractual claim arising from your use of the Services
    5. a breach of the intellectual property rights of any person;
    For the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at €100.00 per hour without further proof.

17. Miscellaneous matters

    1. Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at Privacy Policy
    2. You undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
    3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
    4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
    5. If you are in breach of any term of this agreement, we may:
       1. terminate your account and refuse access to Our Website;
       2. remove or edit content, or cancel any order at our discretion;
       3. issue a claim in any court.
    6. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
    7. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
    8. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.It shall be deemed to have been delivered:
       1. if delivered by hand: on the day of delivery;
       2. if sent by post to the correct address: within 72 hours of posting;
       3. if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
    9. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
    10. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
    11. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
    12. In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
    13. The validity, construction and performance of this agreement shall be governed by the laws of Ireland and you agree that any dispute arising from it shall be litigated only in Ireland.