Terms and Conditions
Terms and Conditions
1 Introductory Provisions
1.1. Peanut I.T. (hereinafter referred to as the Supplier) is entitled to provide services on the basis of a trade license and for this purpose issues these general business conditions (hereinafter referred to as the Terms).
1.2. These Business Terms and Conditions form an integral part of all contracts between the Supplier and the Customer (hereinafter referred to as the Contracting Parties and their purpose is to regulate the rights and obligations of the Parties in the performance of the Subject of the Contract.
1.3. Provisions deviating from the Terms and Conditions may be agreed individually in the contract. Divergent provisions in the contract shall prevail over the provisions of these Terms and Conditions.
1.4. These Terms and Conditions shall enter into force on the day of their publication on the website www.dnwebdesign.ie and placement in a visible place in the Supplier’s premises. The Supplier reserves the right to change these Terms and Conditions.
1.5. Other relations between the Supplier and the Customer that are not regulated by these Terms and Conditions are governed by the relevant provisions of the Civil Code.
2. Interpretation of used terms
2.1. In addition to the terms contained in the Civil Code, for the purposes of these Terms and Conditions:
2.2. Client – any natural or legal person
2.3. Supplier – Peanut I.T. , a legal entity with its registered office Dún Chaoin, Tralee, Co. Kerry.
2.4. Contract – Contract for the provision of IT services, Contract for work, Contract for business cooperation or other contracts for provision of various agenda or other services in the area of education and development of employees
3. Subject of Performance
3.1. The subject of performance is the obligation of the Contractor as a contractor to execute the work specified in the contract in his own name, at his own expense and under the terms of the contract and these Business Terms and to hand it over to the Client. in the contract or under these Terms and Conditions.
3.2. The Parties agree that the Subject of Performance
3.2.1. It will have the properties according to the contract and these Terms and Conditions
3.2.2. It will conform to common standards
4. Ordering services
4.1. The Order may be delivered to the Supplier in the following ways:
4.1.1. Written form (by post, e-mail, web form)
4.1.2. By telephone or orally
4.1.3. Attached to the IT Service Agreement
4.2. The customer’s order must contain:
4.2.1. Business name of the company, registered office, company identification number or VAT number, contact (telephone or e-mail address) for legal persons and name and surname, residence, contact (telephone or e-mail address) for natural persons
4.2.2. Exact description of the ordered service or services
4.2.3. The address of the place of delivery of the goods or services; residence.
4.2.4. The completion date and importance of the request
4.2.5. The name of the person responsible for taking delivery of the goods or the contact person, in the case of services
4.3. If the order does not contain the previous particulars, it is incomplete and the Supplier is not obliged to accept it.
4.4. Upon receipt of the complete order and specification of the delivery date, the Contractor shall visit the Client at the Company’s registered office or place of residence, unless otherwise specified and shall begin working on the Order.
5. Conclusion and termination of the purchase contract
5.1. The contract is concluded:
5.1.1. By signing the purchase contract by both contracting parties
5.1.2. Acceptance of a complete order by the Supplier
5.1.3. The effective commencement of performance by the Supplier based on the Client’s order, unless the Supplier has canceled this order in writing
5.2. Either party is entitled to withdraw from the contract due to a material breach of the contract by the other party. The following are considered essential reasons:
5.2.1. by the Client’s delay in payment of the price or billed advance for remuneration longer than 14 days
5.2.2. by the Client’s delay with the provision of cooperation, in particular with the delivery of the necessary documents for the Subject of Performance according to the contract longer than 14 days
5.2.3. the Contractor’s reasonable doubts about the Client’s solvency
5.3. Withdrawal from the contract must be made in writing and delivered to the address of the other party specified in the contract.
5.4. In the event of termination of the contract prior to completion of its performance, the Supplier shall be entitled to the payment of a part of the price in an amount corresponding to the work performed from the beginning of commencement to the moment of withdrawal from the contract.
5.5. Either party is entitled to terminate the contract without giving a reason with a notice period of 60 calendar days from the date of delivery of the notice to the other party or from the date of failure to deliver to the address specified in the contract.
6. Handover and Acceptance of the Subject of Performance
6.1. The Supplier undertakes to provide the Client with performance under the Contract duly and on time. The Client undertakes to accept the performance in accordance with the terms and conditions stipulated in the contract and these Business Terms and Conditions and to pay the remuneration under the contract. The Supplier reserves the right to hand over the Subject of Performance prior to the date agreed in the Contract.
6.2. If the Client fails to deliver suitable documents for processing the Subject of Performance according to the agreement, the delivery term shall be extended by the Client’s delay in the delivery of suitable documents, however, no later than by 14 calendar days. If the Client fails to deliver the necessary documents even after 14 calendar days, the Supplier reserves the right to withdraw from the contract.
6.3. Acceptance of the Subject of Performance shall be confirmed in writing. The acknowledgement of receipt shall state the date of receipt, confirmation of inspection of the Subject of Performance and possible defects. If the Client does not acknowledge receipt of the Subject of Performance, the handover shall be deemed without defects.
6.4. The Parties shall determine the manner of handover by agreement.
6.5. If the Client does not accept the Subject of Performance within 7 calendar days from the request, the Subject of Performance shall be deemed to have been received without defects after the expiry of the 7 day period.
7. Price of services and payment terms
7.1. The price of the services is determined according to the current price list of the Supplier or according to the individual price offer. If the purchase contract is concluded, the purchase price is specified according to the contractual arrangements.
7.2. To specify the price and specification of the Subject of Performance, the Client is entitled to request a binding price offer (hereinafter referred to as the “Offer”), which is valid for 5 working days from the date of issue, unless stated otherwise.
7.3. Any discounts and surcharges are affected by the number of services provided, the distance of the Place of Performance from the Company’s registered office and the delay in paying the purchase price.
7.4. The price of the services is agreed in the contract, determined according to valid price lists or designed individually according to a specific business case. The current VAT amount is added to the remuneration.
7.5. Prices of services may change once a year on 1 January.
7.6. To specify the price and specification of the Subject of Performance, the Client is entitled to request a binding price offer (hereinafter referred to as the “Offer”), which is valid for 5 working days from the date of issue, unless stated otherwise.
7.7. Any discounts and surcharges are affected by the amount of services provided, the distance of the Place of Performance from the Company’s registered office, and the delay in paying the purchase price.
7.8. In case of additional work, these will be invoiced according to the Supplier’s valid price list. More work is divided as follows:
7.8.1. Enforced – if there are facts that were not known to the Parties at the time of the contract conclusion and were not caused by the Supplier
7.8.2. Requested – if the Client agrees with the Contractor to perform works that are not included in the Contract
7.9. More shall be specified in the list of extra works and sent for approval by the Client, with the fact that the Contractor is entitled to carry out the forced extra work without the Client’s consent and is entitled to remuneration after submitting the list of extra works.
7.10. The price of extra work without VAT will be increased by VAT when invoicing
7.11. Term of Delivery of the Subject of Performance shall be extended by the time required for performing the additional work.
8. Payment Terms
8.1. The agreed price shall be paid to the Supplier on the basis of an invoice issued by the Supplier.
8.2. The Client is obliged to pay the purchase price for the delivered goods by wire transfer to the Supplier’s account according to the tax document by the due date at the latest.
8.3. The Purchase Price shall be deemed to be paid at the moment of demonstrably crediting the relevant amount to the Supplier’s account, which is stated on the tax document.
8.4. The date of the chargeable event is the day of the delivery of the Subject of Performance according to the contract.
8.5. Modifications of payment terms beyond the Terms and Conditions are stated in writing in the purchase contract concluded between the Supplier and the Client. In the event that the Client is late in paying the purchase price, he loses the contractual advantages and is obliged to pay a contractual penalty in the amount specified in the purchase contract, but not less than 0.1% of the outstanding amount for each commenced day of delay.
8.6. In the event that the Subject of Performance is reworked in its final phase due to the fault of the Customer, a surcharge of 50% of the originally agreed price will be added to the remuneration.
8.7. In the case of persistent and repeated breach of payment discipline by the Client, the Supplier has the right to demand payment of services and to suspend the performance of all activities, including the handover of the Subject of Performance, until all receivables have been settled.
9. Claims and application of defects
9.1. The Customer is obliged to ensure the inspection of the Subject of Performance, its functionality and completeness upon receipt. Obligatory defects must be reported to the Client immediately in writing, but no later than within two working days of receipt of the service. If the Client does not claim the defects of the provided performance within two working days, then the Supplier’s performance is deemed to be free from defects.
9.2. The complaint does not apply to changes in the Subject of Performance performed by the Customer and to defects caused by such conduct.
9.3. The Supplier is not liable for defects caused by improper use and defects caused by circumstances that cannot be averted.
9.4. The Supplier undertakes to remove the reported defects within a reasonable period of time, taking into account the difficulty of the related work, but most of all as follows:
9.4.1. It shall remove the critical defects within one working day
9.4.2. Highly important defects within two working days
9.4.3. Medium defects within five working days
9.4.4. Minor defects within ten working days
10.1 The Contractor shall not be liable for any breach of any obligation caused by an obstacle that was not at his will and which could not be expected at the time of conclusion of the Contract.
10.2. The Supplier shall not be liable for damage caused to the Subject of Performance under the Contract or its defects resulting from incorrect or incomplete information submitted by the Customer, use of the Subject of Performance by a person different from the Customer or otherwise in conflict with the Contract and these Terms and Conditions.
11. Business secrets
11.1. The contracting parties undertake to maintain confidentiality, which applies to the conditions stipulated in the contract or the Business Terms and Conditions, as well as information or know-how, which is learned during the fulfillment of obligations under the contract and which are not normally available. This information may be provided orally, in writing or electronically and shall be considered as Business Secrets pursuant to Section 540 of the Civil Code. If they do not meet these conditions, then they are considered confidential under §1740 of the Civil Code with all legal consequences.
11.2. The Confidential Information is provided by the Parties only for the purpose of fulfilling the obligations under the Contract, these Terms and Conditions and mutual business cooperation.
11.3. The Contracting Parties shall:
11.3.1. Handle confidential information in a strictly confidential manner and, to the maximum possible extent, protect it, refrain from disclosing or communicating it to third parties
11.3.2. Use Confidential Information solely for the purpose of paragraph 10.2.
12. Contractual penalties
12.1. The Client shall pay the Supplier a contractual penalty of 0.1% for each day of delay in payment of the agreed price.
12.2. In the event of a breach of confidentiality, the Client shall pay the Supplier a contractual penalty of EUR 10,000 for each breach.
12.3. The contractual penalties are payable within 14 calendar days.
12.4. The application of the contractual penalty shall not affect the Supplier’s right to claim damages caused by a breach of the obligation to which the penalty relates.
13. Final Provisions
13.1. Any changes that conflict with these Terms and Conditions must be expressed in writing and signed by both parties.
13.2. If any of the provisions of these Terms and Conditions or the Contract becomes invalid or unenforceable, then such invalidity or unenforceability shall not apply. Enforceability does not affect the validity and enforceability of the remaining provisions. In this case, the Contracting Parties shall replace the non-compliant provisions with valid and enforceable provisions.
13.3. These Terms and Conditions are written in English. In the event of a dispute, the provisions of the English version of the Terms and Conditions, as well as any other documents prepared by the Supplier, shall prevail.
13.4. The Client acknowledges that some of the Supplier’s services may be provided only in English. A list of services not available in English shall be provided by the Supplier upon written request.
13.5. Other unspecified rights and obligations of both contracting parties are governed by the relevant provisions of the Civil Code in the wording valid at the time of conclusion of the contractual relationship.
13.6. These Terms and Conditions shall be governed by the laws of the Republic of Ireland and the parties hereto submit to the non-exclusive jurisdiction of the courts of the Republic of Ireland.
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086 812 2151
Dún Chaoin, Dingle, Co. Kerry