Terms and Conditions
1. Introduction
The following terms and conditions apply to all products and services offered and provided by eTailor. This includes domain registration, website hosting, online shopping and all related services. The purpose of these terms and conditions are to ensure correct and legal usage of all eTailor products, and are in no way intended to restrict usage of a customer’s website.
All prospective customers are required to read and agree with all of the terms and conditions as outlined in this document, a copy of which may be found on www.etailor.ie. It is the customer’s responsibility to read and understand these conditions, and to comply with both the terms and conditions, and also the Acceptable Usage Policy.
2. Scope of this Agreement.
This agreement, along with the Acceptable Usage Policy governs the terms of use by the customer of all products and services provided by eTailor. By entering into a contract, the customer acknowledges that they both understand and accept the terms and conditions, as well as the Acceptable Usage Policy, and will act in accordance with them. If you do not subscribe to the below terms and conditions, you should notify us immediately to arrange for termination of any service provided to you.
Terms of Agreement
The customer agrees to use eTailor’s Services according to the following terms and conditions:
3. Conditions Of Use
Period Covered by Agreement
This agreement is understood by both eTailor and the customer to have commenced when the customer has placed an order for service or product. The agreement remains in place and is understood to be binding while the customer has an active account with eTailor. Once the account is canceled by either party, this agreement is understood to have terminated.
Copyright
Copyright is claimed and reserved by eTailor on this entire website, including site design, source code, layout, graphics, text and all other material on this site. All rights are reserved. Portions of the eTailor website may be reproduced solely for the purpose of entering into a contract or agreement with eTailor, or for placing an order for either services or products. No other use of any portion of this website is permitted, without prior written consent of eTailor.
Electronic communication is regarded by eTailor as non-confidential, and non-proprietary. All correspondence, electronically, verbally or in writing are considered to be under no obligation of protection, and eTailor reserves the right to copy, distribute or use such information at eTailor’s sole discretion.
All product sales, service agreements or other contracts are deemed to have concluded within the Republic of Ireland, and are bound by the laws of same. No contract will have been deemed valid until confirmation by eTailor that services have been taken up on behalf of a customer, or a confirmation of sale has been sent to the customer.
Email Use
The customer understands that they may not exceed their server limit in terms of space, and storage of customer’s e-mail is to be conducted and managed by the customer. eTailor employs filters for both Spam and Viruses to ensure safety of our customer’s systems. We accept no responsibility should these filters lead to a false positive case. Spam filtering may be adjusted according to necessity, but this is to be requested by the customer.
Conditions of Use
No contract will exist between the customer and eTailor for the sale to the customer of any product or service until the order for such has been accepted by eTailor and confirmed via email. Email shall be deemed an acceptable, complete and effective communication to the customer. All contracts are deemed to have been concluded in the Republic of Ireland, and shall be interpreted, construed and enforced in all respects in accordance with the laws of the same.
Acceptable Use Policy
All eTailor customers and users are expected to abide by our Acceptable Use Policy, a copy of which may be found on the eTailor Web Site at www.etailor.ie. By ordering or using any of our products or services, you are agreeing to abide by the terms of this policy.
Disclaimers
Pictorial representation of products or services on this site are for demonstration purposes only, and the actual product or service may differ slightly from these representations. Price and availability information remains subject to change without notice, and remains at the discretion of eTailor.
Domain Name Renewal
It is the responsibility of the customer to ensure that their domain name(s) is/are renewed in a timely fashion, and eTailor accepts no responsibility or liability in this respect. eTailor provides three notices in advance of the renewal date, 60 days in advance, 30 days in advance, and 14 days in advance. A proforma invoice is issued with the 14 day notice if no renewal indication or payment has been received within 14 days of expiration of a domain.
If payment has not been made, or alternative arrangements have not been agreed between both eTailor and the customer, the domain will be allowed to lapse, having the effect that the customer may lose all right to and interest in the domain name. Many TLD’s incur a restoration cost, any such fee must be paid in full prior to the domain restoration.
Termination of Service
eTailor reserves the right to cancel any service at any time for any reason, whether the customer is in breach of the agreement of the terms and condition, or acceptable usage policy, or not. All fees paid in advance of cancellation of service by eTailor will be pro-rated and refunded to the customer, if the cancellation was not due to a breach of agreement as according to the terms and conditions, or acceptable usage policy by the customer.
If the customer is in breach of the terms and conditions, or in breach of the acceptable usage policy, then the customer agrees that no refund is due.
All additions, amendments, cancellations or modifications to domains or accounts must be made either in writing or by email, mail or fax. Notifications of cancellation must include the company letterhead, account name, principal contact name with a valid signature, and the reason for the cancellation. Third party cancellations will not be accepted by eTailor under any circumstances.
Upon termination, by eTailor or by the customer, for any reason, it is understood that it is the responsibility of the customer for deleting or updating the domain name registrations from the domain registrar(s) within 10 business days. Furthermore, the customer agrees liability for all reasonable administrative costs incurred by eTailor, if eTailor is required to intervene or become involved during the change in details at the registrar(s) during the de-registration.
eTailor understands that a website hosting account may be canceled by the customer once eTailor has been provided with written notice and 30 days’ notice. In the interests of security and protection, all notification must be in writing sent by email or ordinary mail, and must be authorized by the account holder only. Unless otherwise stated, a customer’s account (and this Agreement) may be canceled by eTailor by giving the customer 60 days’ notice in writing. It is considered by eTailor that email is a sufficient form of communication for this correspondence.
Refunds on Canceled Accounts.
In circumstances where an account has been canceled by eTailor for a breach or either these Terms and Conditions or the Acceptable Usage Policy, no refund shall be given to the customer.
Under circumstances where an account has been canceled by the customer, eTailor is under no obligation to refund any monies paid to eTailor, and refunds shall be at the sole discretion of eTailor.
Refund of Set-up Fee
Setup fees are in all cases, non-refundable.
Domain Registration Fees
When a customer places an order for domain registration with eTailor all fees paid in relation to the registration are both paid in advance, and are non-refundable. The Domain Registrar will not refund fees for domains incorrectly registered (spelling mistakes, etc.) or for canceled domains.
Refusal of Service
eTailor reserves the right to refuse services to any customer. In particular, eTailor may cancel an account without notice for serious breeches of this Agreement and failure to comply with the related Acceptable Use Policy.
Use of Website Hosting Account
The customer agrees to use both products and services provided by eTailor according to the account selected, or as specifically stated on the invoice. In the case of resellers, developers or where a single customer holds multiple domains or accounts, these terms and conditions will be taken as binding to all existing and subsequent accounts.
Variation of Agreement
eTailor may vary the terms, charges and conditions outlined in this agreement. The agreement published on the eTailor’s website at www.etailor.ie should be recognized as the current version and taken as the binding Terms and Conditions for the use of eTailor’s services.
Severability
In the case of any part of this agreement be (or become) invalid, the invalid portion shall be severed from this agreement, and such invalidity shall not effect the validity of the remaining portion of the agreement.
Invoices for Services
eTailor will issue invoices for services by email, or by special arrangement, by ordinary mail or facsimile.
Payment of Accounts
eTailor reserves the right to suspend a web hosting account if invoices are not paid by the due date, and prior arrangements between the customer and eTailor have not been agreed in writing in advance of such breach. All data contained within a suspended account shall be retained by eTailor on their systems, but the account holders shall not have access to their website, and their mail services shall be suspended. On a suspended website, a notice shall appear stating that the account and website has been suspended.
eTailor retains the right to remove a suspended website and all related files from eTailor’s servers if an account remains in arrears once more than 60 days have passed after the due date of an invoice. If the account remains in arrears, eTailor shall not provide access to data stored within eTailor’s servers. eTailor reserves the right to delete data if an account is canceled.
Payment
It is considered the responsibility of the customer for keeping their billing data with eTailor up to date and accurate. Should false data or identity be provided on any contract or application, including fraudulent use of credit card numbers, it is grounds for immediate termination of account and services, and may subject the offender to civil or criminal liability.
It is understood that payments made for all services, must be paid in advance of commencement of service. Services shall not be provided in advance by eTailor, and no line of credit shall be offered.
eTailor reserves the right to automatically bill and charge automatically on accounts that are settled with credit card only. eTailor reserves the right to apply the amount due to the provided card at any time.
The customer understands and agrees that eTailor shall not be held responsible or accountable for any charges or expenses that the customer may incur resulting from the customer’s bank account being overdrawn, or the customer’s credit card limit becoming exceeded as a result of an automatic or manual charge generated by eTailor for payment of services to eTailor.
Administration fees are charged on a discretionary basis, for instances such as returned cheques or account reactivation, and are solely at the discretion of eTailor.
Compliance with the Law
In using eTailor’s services the customer must abide by all applicable laws in the Republic of Ireland, and if applicable, the laws of the country where the customer is physically located. Any violation of this provision can result in termination of services and this Agreement without notice at the absolute discretion of eTailor.
Limitation of Liability
eTailor endeavors to ensure that all services are of both the highest standard, and are maintained to the maximum capacity. However, eTailor does not warrant that all services to the customer will be uninterrupted during the term of this agreement. Under no circumstances, and in no event shall eTailor be liable to the customer for damages resulting from or in any relation to any failure or delay of eTailor to provide products or services under this agreement, if the delay or failure is due to circumstances beyond our control. It will not be considered a default under this agreement if such a failure or delay occurs, and eTailor, its directors, agents or employees will not be liable in any form or manner of loss or damage of any nature suffered, whether arising directly or indirectly by the customer or any person related to or dealing with the client out of, in connection with or reasonably incidental to the provision of the products or services by eTailor to the customer.
Disclaimer of Warranties
While all due care is taken to ensure that the services and products provided by eTailor are of the highest quality and standard, eTailor shall not have any liability whatsoever with respect to loss or damage resulting from provision of service or products sold, errors or omissions in information provided in relation to the service or product.
Indemnity
The client or customer agrees to indemnify and hold eTailor harmless from and against any and all claims, liabilities, losses and expenses (including legal fees) arising from the services or products provided by eTailor to the customer under this agreement, including and without limitation, claims by third parties (including the clients of our customers), related to, but without limitation, liability claims for products and services provided to the customer, claims for patent, trademark or copyright infringement, false advertising claims, claims due to malfunction or disruption of services provided to the customer, or for any content published by the customer using the services provided by eTailor, but excluding those directly caused by the negligence of eTailor.
Damages
eTailor, its directors, affiliates or employees, shall accept no liablity and shall not be held liable for damages arising out of or in connection with the use of this website and/or any product or service displayed herein, and subsequently purchased, rented or resold to the customer, as the case may be, save as provided for in the laws of the Republic of Ireland. This limitation of liability applies to all damages, of any kind, including without limitation, all direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property or claims of any kind by third parties. It is understood by both eTailor and the customer that the user of this eTailor’s website, the eTailor shop or any eTailor affiliate assumes all responsibility and risk for the use of the above, and for the Internet in general.
Misuse
Any misuse of this website, shop or services provider for fraudulent or any other illegal purpose including, but not limited to ‘hacking’, ‘cracking’, credit card fraud, identity theft, software piracy or illegal file sharing, will be prosecuted to the fullest extent of the laws of the applicable jurisdiction and all rights in this and all other respects are reserved.
Entire Agreement
The customer acknowledges and agrees that this Agreement is the entire Agreement between the parties and excludes all oral or implied representations and terms unless such terms are agreed between the parties in writing.
Amendment of Terms and Conditions
eTailor reserves the right to amend, extend or abridge these terms and conditions at any time without further notification and the customer hereby agrees to remain aware of the current ruling terms and conditions as they may appear on the above web site from time to time. These terms and conditions may also be found at www.etailor.ie.
Terms and Conditions related to the usage of https://renewals.etailor.ie
Where a customer uses a credit card to pay for eTailor services, whether by phone, email or online at https://renewals.etailor.ie, the following terms and conditions apply:
All orders and purchases made through https://renewals.etailor.ie are subject to the Online Shopping Terms and Conditions outlined below. These Online Shopping Terms and Conditions may change from time to time without prior notice, at our discretion.
All prices shown on the website are in Euro and are inclusive of VAT, where applicable. Prices may change and offers may be withdrawn at any time.
https://renewals.etailor.ie is owned and operated by eTailor in conjunction with its subsidiaries and their affiliates (collectively referred to herein as “eTailor”). All orders and purchases made through the facilities of this website shall be subject to these Online Shopping Terms and Conditions.
You may only purchase or order items for lawful purposes and any other use is not permitted. You agree to pay for all charges noted herein as payable by you. You have to be 18 or older to purchase from https://renewals.etailor.ie. By submitting an order to us through our website, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us, payment will be made in full. By placing an order, you confirm that you are the person referred to in the Billing details.
eTailor may correct errors or inaccuracies and change or update information on https://renewals.etailor.ie at any time without notice, including in respect of prices and availability of items. All prices listed on https://renewals.etailor.ie are in Euro and all charges will be processed in Euro.
All prices listed on https://renewals.etailor.ie are subject to confirmation. eTailor will notify you by email within hours of making a purchase if the confirmed price of an item you have selected differs from the price listed on https://renewals.etailor.ie or on your purchase order. If you do not receive an email within 24 hours of completing a purchase order, eTailor is deemed to have confirmed the purchase at the price listed. If you receive such notification, the sale will be automatically terminated unless you reply by email with confirmation of your intention to purchase the item at the confirmed price.
We endeavor to process your renewal within 5 working days of your order being placed on https://renewals.etailor.ie.
Liability and Indemnity
We do not exclude or limit our liability or the liability of any other person for death or personal injury resulting from our or their negligence or for fraudulent misrepresentation. Except as set out above and in relation to our contractual obligations to supply services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of https://renewals.etailor.ie. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of https://renewals.etailor.ie (including without limitation, any such loss arising out of or in connection with any order placed on the website, whether or not accepted by us). You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
These conditions of use may be altered from time to time where we consider it reasonable and necessary to do so.
We offer no line of credit, as this would necessitate a price rise. There is a policy of no exchanges, as we have no way of reselling provisioned services.
Privacy Information for https://renewals.etailor.ie:
What information does the eTailor Online Renewals site need, and how do we use it?
When you wish to pay for a renewal, we need to know your name, e-mail address, payment address, credit, debit or charge card number and expiry date. This allows us to process and fulfil your renewal and to notify you of your order status. We may also use the information we collect to occasionally notify you about important functionality changes to the web site, new renewals services, and other service enhancements and special offers we believe you will find valuable.
How does eTailor protect your information?
When you place orders, our secure server software (SSL) encrypts any sensitive information you input before it is sent to us. Furthermore, as required by the Data Protection Act 1988, we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you.
What are “Cookies”?
“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Our cookies do not contain any personally identifying information, but they do enable us to provide features such as personalisation, pop-up message windows and other browser functions between visits. Most Web browsers automatically accept cookies, but you can usually change your browser settings to prevent that.
eTailor will NOT disclose your personal information to outside parties. eTailor does not sell, trade or rent your personal information to others. We are committed to protecting your privacy. We use the information we collect on the site to make online renewals possible. We do not sell, trade or rent your personal information to others.
Your Consent
Due to EU legislation introduced recently, websites are now required to obtain consent from EU visitors for the use of cookies. By using our Web site you consent to the collection and use of this information by eTailor. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect and how we use it.