Terms and conditions
This website is owned and operated by Aisling Foley Marketing Consulting, T/A Aisling Foley Marketing with a registered address at Clontarf Park, Clontarf, Dublin 3.
By using this website you confirm that you accept these Terms of Service (“terms”) as binding, including additional terms and conditions and policies referenced herein and/or available by hyperlink, and that you agree to comply with them. If you do not agree to these terms, you should not use our website.
1. Fees and hours
Marketing Clinic fees are as stated on our website. Other client fees included in each client’s customised proposal. Working hours are Monday to Friday from 0930 to 1800 hours.
1.1 Phone and email Phone calls and emails are usually responded to within 24 hours. Any calls after 18.00 will not be answered until the following day.
1.2 Punctuality If a client is more than 15 mins late for our Marketing Clinic, they will be charged for the whole appointment.
1.3 Payment terms and invoicing Aisling Foley Marketing will invoice based on the agreed proposal. In most cases 50% of fees are due to be paid prior to commencement.
1.4 Intellectual property – Please note that ownership of all work completed will remain with Aisling Foley Marketing until all invoices have been paid in full. Once full and final payment has been received, ownership is passed to the client and passwords and access to the client’s systems will be deleted upon receipt of the final payment.
2. Aisling Foley Marketing initial consultation call
Aisling Foley Marketing carries out a thorough information overview of your business and creates a subsequent proposal based on the information provided in the initial call. This initial call is free of charge. Any future calls are included as part of the service delivered to you by Aisling Foley Marketing.
3. Cancelling appointments
Aisling Foley Marketing Marketing Clinic requires a minimum 24-hour cancellation policy. Failure to cancel an appointment before 24 hours results in the payment not being refunded. In exceptional circumstances, the Marketing Clinic can be re-scheduled.
4. Cancellation policy
Aisling Foley Marketing can only work with a client if the relationship is open, transparent and reciprocal. If either party feels that the relationship between the client and Aisling Foley Marketing has broken down, then Aisling Foley Marketing and/or the client retain the right to withdraw from the agreed contract. All efforts will be used to re-establish lines of communication between parties but if this fails and it is agreed to terminate the contract then 48hrs notice from either party is the minimal amount of time required to close all outstanding work. Invoices will be produced to cover all due fees.
5. Client obligations
To enable Aisling Foley Marketing to perform its obligations we expect the client to:
5.1 Cooperate with Aisling Foley Marketing and respond to any queries within a responsible period of time.
5.2 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
6. Aisling Foley Marketing obligations
6.1 Aisling Foley Marketing takes pride in the services that they offer, and they shall perform the services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
6.2 Aisling Foley Marketing undertakes to keep confidential all information supplied by you and will not make such information available to any third party without obtaining prior permission.
6.3 Areas covered
Areas covered are as stated on the B2B Tech Marketing Services website page.
Any education materials supplied by Aisling Foley Marketing are confidential. From time to time, Aisling Foley Marketing may use examples of work they have created or businesses that they have worked with to illustrate educational points. Any attempt by the customer to enter the markets that Aisling Foley Marketing operates in after gaining possession of such educational materials will be classed as entering into competition with Aisling Foley Marketing.
8. Contract of sale
When you order services from us, the terms in force at the time of your order will apply as the contract of sale between you and us. This contract of sale begins to be formed between us when we issue an invoice, or with respect to the Marketing Clinic, when you pay for the service.
9. Indemnification, liability and limitation
The express terms and conditions of these terms shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise – all of which are excluded to the fullest extent permitted by law. Insofar as it is lawful to do so, we do not accept liability of any description including liability for negligence or any damages whatsoever arising out of or in connection with the viewing, use or performance of this website or its contents. In the event that you reproduce, display, transmit, distribute or otherwise exploit the structure, information, material, or any portion thereof, in any manner not authorised by us, or if you otherwise infringe any intellectual property rights relating to the structure, information, photographs, prints or this website, you unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against any and all losses, expenses, costs or damages, including reasonable lawyers’ fees, incurred by you or others as a result of unauthorised use of the above and/or your breach of these terms. You unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against all and any losses, costs, claims, liabilities, damages, demands and expenses suffered or incurred by us and arising from any claim brought by any third party against us howsoever arising from or in connection with: these terms; the supply of the services and/or digital goods pursuant to the terms; your use of the services and/or digital goods; or your fraud or negligence. For the avoidance of doubt, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms for any loss of profits, goodwill, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity or anticipated savings; or any indirect or consequential loss. Without prejudice to other clauses in these terms, our total liability arising under or in connection with these terms, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the purchase price paid for the relevant services that are the subject of a claim.
10. Sales of services
If you are not a consumer, you confirm that you have authority to bind any organisation on whose behalf you use our site to purchase services. We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. We reserve the right to discontinue any service at any time. In accordance with other clauses included in these terms, we make no express or implied warranty, representation or undertaking and assume no responsibility concerning the quality, nature, or fitness for purpose of the services or digital goods. We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or services will be corrected, unless as required by law. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue our services on our website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of such.
11. Errors, inaccuracies and omissions
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website or on any related website, should be taken to indicate that all information on the website or on any related website has been modified or updated.
12. Data protection, privacy and security
13. Social media platforms
Communication, engagement, and actions taken through external social media platforms that we participate on are custom to the terms as well as the data protection and privacy policies and notices held with each social media platform respectively. You are advised to use social media platforms wisely and communicate/engage upon them with due care and caution regarding your own privacy and personal details. We will never ask for personal or sensitive information through social media platforms and encourage you when wishing to discuss sensitive details to contact us through primary communication channels such as by telephone or email.
14. Governing law and disputes
This website is hosted, controlled, and operated from the Republic of Ireland and therefore governed by Irish law, subject to the terms of Public International Law. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, Irish law will apply and the appropriate courts of the Republic of Ireland will have jurisdiction.
15. Variation of these Terms and Conditions
We reserve the right to make changes to this website, these terms, and the other information contained in this website at any time and without notice. Please refer to these terms when you visit the website as they may change from time to time.
In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
18. Entire agreement
These terms and any policies or operating rules posted by us on this website or in respect to our website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these terms). Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.
You may contact us by email at the following address: aisling [at] aislingfoley.com
Contact information published on this website is for the purpose of users or prospective users contacting us about services offered to them. This information should not be considered as made manifestly public for the purposes of general marketing contact.