Terms of Use

Last Updated: November 1st, 2020

Terms and Conditions

These are the terms and conditions subject to which we allow you to use Our Website. By visiting or using Our Website, or making an order for Services, you agree to be bound by them.

We are Sive O’Brien, a company registered in Ireland.

Our address is [40a York Road, Dun Laoghaire, Co Dublin A96PC61, Ireland]

VAT Registration Number: 6896753G

This website (the “Site”) is owned and operated by Sive OB. By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.


  • The contract between us comes into existence only when we write to you to confirm that we agree to provide to you the Service you want. Your payment does not create a contract. If we decline to provide a Service we shall immediately return your money to your credit card.

  • Some of our Services are now or may in future, be available to you only subject to additional terms. Those terms will be set out on Our Website. You now agree that if you choose to use any such service, the relevant terms will become part of this agreement.

  • Our contract terminates on the earliest of: our completion of any Work or Service for which you have paid us. If there is any doubt as to when this is, or was, then our decision is final; our having worked for the amount of time for which you have paid us, even if the Work is unfinished.

  • There is no contract between us for any free Service, so you do not become a client by using any free Service and we are not liable to you in any way resulting from your use of any free Service.

  • You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Web Site or in some other way.

  • If a contract is started and not completed, through no fault of our services, there will be a ‘kill fee’ in place for time spent on the services. This is 50% of the commissioned agreed price.


 
  • Prices for Services which you may buy as an Irish consumer have additional VAT charges of 23% on all workshops.

  • The Price of any Service may be changed by us at any time. But we will never change a Price so as to affect the Price charged to you at the time when you buy a Service.

  • Charges for Services are fixed whenever it is reasonably possible for us to ascertain the price.

  • When we do not provide fixed charges for the Service, we will charge by the hour, as agreed in advance.

  • Payment may be made by credit card to Our Website, which is handled by Stripe.

  • Any refunds or cancelled charges will be issued by Stripe and may take 10 days to be returned to your account. Refund charges apply, as set out below in our ‘Refund Policy.’ We reserve the rights to charge refund fees as we incur cancellation charges from our third party payment provider, Stripe.

  • All other charges relating to payment in a currency other than Euro will be borne by you.


  • All monies paid by you to us are non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.

  • If you have signed up for the 3-step programme and decide to cease the agreed contract before you begin the mentoring programme, you may only cancel the programme 14 days before the first session. A 20% cancellation fee applies on the full 3-step programme cancellation. If you cancel within the 14-day window of beginning the programme, a 30% fee will apply.

  • If you have ordered our Service and we have started to work for you, and you wish to cancel, you must tell us in writing that you wish to cancel.

  • If you do so, you will owe us for work done to the date of cancellation and any money spent on your behalf.

  • The workshops should be completed within 6 months of the start date - any additional consulting after this date will be charged as an additional fee. The provider has to the right to terminate the sessions if the workshops are not completed within this time, starting from the date of the first workshop session.

 

  • We take care to make Our Website safe for you to use.

  • Card payments are not processed through pages controlled by us. We use Stripe payment service providers who will encrypt your card or bank account details in a secure environment.

  • If you have asked us to remember your credit card details in readiness 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

 
  • The Services are listed and described on Our Website. Once you have paid we will contact you to tell you what help we need from you and when we shall start, and complete our Work for you.

  • In order to provide the Services we need specific help from you, as follows:

  • access to the sales data on which your payment to us depends;

  • information and confirmation from you on any aspect of your business which is of a technical or specialist nature outside of our expertise.

  • The provision of our Service relies on a schedule of Work. If you are unable to provide us with acceptance or information we require for a period which extends the agreed timescale then we are entitled to payment in accordance with the schedule in any event.

  • Our Services will be delivered by [Google drive download / e-mail] or by both/all of these, at our choice / in the way we have explained in Our Website.

  • All monies paid by you to us are non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.

  • You may not share or allow others to use the Services in your name.

If you are not in Ireland, we have no knowledge of, and no responsibility for, the laws in your country.

  • You are responsible for purchasing Services which you are lawfully able to import or use and for the payment of import duties and taxes of any kind levied in your country.

  • We shall prepare a Detailed Specification for your approval.

  • You will within [seven days] of receipt of the Detailed Specification either approve or give us your further instructions for edit of it. If you fail to respond within that time period you will be deemed to have approved the Detailed Specification.

  • We shall take account of all reasonable comments and/or requests for amendment received from you and shall incorporate them in a revised version of the Detailed Specification to be prepared and delivered to you as soon as reasonably possible.

  • The process described above will be repeated until you have approved (or are deemed to have approved) the Detailed Specification.

 

  • Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Service, please tell us at the earliest opportunity:

  • exactly why you think we have failed;

  • the date, if relevant, of the failure;

  • when and how you discovered the failure;

  • the result of the failure;

  • your suggestion as to action we should take to resolve the situation and restore your faith in us.

  • To do this, it is essential that you contact us by email at the contact point on Our Website.

  • AND

  • You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our payment service provider (€50 at 1st January 2021) and secondly a sum based on time spent at € [100] per hour in dealing with your breach. You also agree that this provision is reasonable.

  • Both parties are aware that in the course of our Work for you either of us will have access to and be entrusted with information in respect of the business and operation of the other and their dealings, transactions and affairs, all of which information is or may be confidential.      

  • We both now undertake for ourselves and every employee, or sub-contractor whose services we may use both during and after completion of the Work, that we will not divulge to any person whatever or otherwise make use of (and will use their best endeavours to prevent the publication or disclosure of) any trade secret or confidential information.

  • For the purposes of your above undertaking, the information will be deemed to include all information (written or oral) concerning the Detailed Specification.

  • Each of us now undertakes to the other to make all relevant employees, agents and sub-contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as will from time to time be necessary to ensure compliance by its employees, agents and sub-contractors with these provisions.

  • Each of us now undertakes to the other that for the period of 12 months following completion of the Work they will not directly or by an agent or otherwise and whether for themselves or for the benefit of any other person induce or endeavour to induce any officer or employee of the other to leave his employment.

  • The provisions of the last previous sub paragraph will not apply to either of us if the other becomes subject to bankruptcy, receivership or liquidation proceedings.

 
  • You agree that at all times you will:

  • not cause or permit anything which may damage or endanger our title to the Intellectual Property;

  • notify us of any suspected infringement of the Intellectual Property;

  • indemnify us for any loss or expense arising from your misuse of the Intellectual Property;

  • on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by us in writing;

  • not use any name or mark similar to or capable of being confused with any name or mark of ours;

  • so far as concerns software provided or made accessible by us to you, you will not:

  • copy, or make any change to any part of its code;

  • use it in any way not anticipated by this agreement;

  • give access to it to any other person than you, the licensee in this agreement;

  • in any way provide any information about it to any other person or generally.

  • not use the Intellectual Property except directly in our interest.

 
  • The law differs from one country to another. This paragraph applies to sales throughout the EU.

  • 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.

  • We make no representation or warranty that the Services will be:

  • useful to you;

  • of satisfactory quality;

  • fit for a particular purpose;

  • available or accessible, without interruption, or without error;

  • 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.

  • 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.

  • We shall not be liable to you for any loss or expense which is:

  • indirect or consequential loss; or

  • 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.

  • 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.

  • If you become aware of any breach of any term of this agreement by any person, please tell us by [state action required]. We welcome your input [but do not guarantee to agree with your judgement.]

 
  • You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

  • your failure to comply with the law of any country;

  • your breach of this agreement;

  • any act, neglect or default by any agent, employee, you or your customer.

  • This agreement may be terminated:

  • when the Work has been delivered to you.

  • immediately by us if you fail to pay any additional sum due within [35 days] of the date of submission of an invoice;

  • immediately by either party if the other commits any material breach of any term of this agreement and which in the case of a breach capable of being remedied is not remedied within [30 days] of a written request to remedy it;

  • 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).

  • Termination of this agreement by this paragraph will be without prejudice to any other rights or remedies to which a party may be entitled.