Terms of Use

Legal Notice and Terms and Conditions of Use:

General

This website contains general information about Farend and about our services. The materials contained on (and the publications provided within) this are not intended to provide, and do not constitute or comprise, advice on any particular matter and are provided for general information purposes only. You should not act or refrain from acting on the basis of any material contained on (or publications provided within) this website, without seeking appropriate professional advice.

Your use of this Website is subject to these terms and conditions of use. By using this Website you agree to be bound by these terms and conditions.

Links

Hypertext or other links to this website are prohibited without the consent of Farend. If you wish to provide a link to this website, you should notify us by e-mail to info(at)farend.net and give details of the URL(s) of the page(s) with links to our website and the URL(s) of the page(s) to which you wish to link on our website.

Disclaimer

This website is available without any representations or warranties of any kind, either express of implied. Farend make no representations, warranties or undertakings about any of the Materials or any content of or information on any other website referred to or accessed by hypertext link or otherwise through this website (“third party site”). Farend do not endorse or approve the content of any third party site, nor will Farend have any liability in connection with any third party site.

Limitation of Liability

To the fullest extent permitted by applicable law, neither Farend nor any partners, associates, consultants, employees, affiliates or other representatives thereof will be liable for loss or damage arising out of or in connection with your use of the Materials or any facilities or services offered through this website (including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties) even if Farend has been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable.

Data Protection and Privacy Statement

Farend respects your right to privacy. Visitors are advised that each time they visit a Website two general levels of information about their visit can be retained. The first level comprises statistical and other analytical information collected on an aggregate and non-individual specific basis of all browsers who visit the site. The second is information which is personal or particular to a specific visitor who knowingly chooses to provide that information.

The statistical and analytical information provides general and not individually specific information about the number of people who visit this website; the number of people who return to this site; the pages that they visit; visitor behaviour, where they were before they came to this site and the page in the site at which they exited. This information helps us monitor traffic on our website so that we can manage the site’s capacity and efficiency. It also helps us to understand which parts of this site are most popular and generally to assess user behaviour and characteristics in order to measure interest in and use of the various areas of the site.

Through this Website you may have an opportunity to send us information, such as through the “contact us” pages or any other area where you may send e-mails, request brochures, provide feedback or subscribe to our newsletter/mailing list. By choosing to participate in these, you will be providing us with some level of personal information relating to you. This information will only be used by Farend for (i) the purposes for which it was provided by you; (ii) verification purposes and statistical analysis; and (iii) marketing and administration purposes.

Governing Law

This legal notice and terms and conditions of use and all issues regarding this Website shall be governed by the laws of Ireland.

Copyright

The information, content, graphics, text, images, trade marks, trade names and logos (the “Materials”) contained on this website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws under national laws and international treaties.

This site may be copied for the purpose of viewing, but may not be permanently stored or copied for further distribution.

Terms & Conditions

By signing up for any of the Farend services you agree to the following terms and conditions and any policies, guidelines or amendments thereto that may be necessary from time to time. Should we update the Terms and Conditions of Use in the future those updates will appear on this page.

Use of the Process

* In order to avail of this service you will have ordered a domain name and hosting account, which are annually renewable.  If specially arranged we can negotiate to organise a domain name and hosting on your behalf, price of which will be paid prior to any commencement of the work and renewal fee will be paid annually.

In order to avail of the Process, you will be required to provide current, accurate information as part of the ordering process.

* You will be provided with a password protected web based control panel to provide us with information to create your website, to schedule your Build Session and to launch your Build Session with our Farend consultant. In addition you will be providing login details to our sitebuilder so you can maintain your website. You are responsible for maintaining the confidentiality of your account password and are responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. Farend cannot be held liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

* The Site Owner agrees to be responsible for maintaining backup copies of their own site contents if they deem this necessary. Farend will not be held liable for maintaining backups of said materials.

* Farend cannot be held responsible where a browser or PC does not match the minimum requirements of the Build Session nor do we provide technical support in respect of any configuration required by your PC to enable the Build Session to operate.

Minimum Requirements for a successful Build session:

* Access to a PC and Internet Explorer version 6 and higher with Javascript enabled.

* Port 80 and Port 443 open (ie that your firewall allows our virtual meeting software to connect to your PC).

* A Broadband connection operating at a speed of 1 mbps minimum.

* Completion of the Collecting Your Input questionnaire by you to the best of your ability (please note that you cannot move on to the scheduling of a Build Session until this is completed).

Expectations

Creating a great website for you is a team effort, we need your co-operation to get the best possible result for you, this includes:

* In order to get the best possible result from you our design questionnaire must be completed in advance. The more effort you put into completing the questionnaire section the better your website is going to be.

* Subjectivity in respect of colour and images: According to research there are 16 basic personality types amongst people with many sub types. Therefore it is not possible to formulate an offering that will meet all the requirements of every different personality type. Farend design is offered at a highly competitive price that is intended to serve the economical end of the Small Business market. As such the fee does not include provision for prolonged discussions over colour and images. Please bear this in mind before buying the service. In respect of this Website Builder implementation colours can only be matched from the palette available in CM4ALL and design elements are determined by the template chosen

* Uniqueness: Farend take every effort to ensure that your new site is as unique as possible. You can help achieve this by providing as much unique content as possible during the completion of the questionnaire. Traditionally websites have been judged on aesthetic factors however Google and the typical business user are more interested in what content your website contains, the questionnaire provides you with a great opportunity to make sure your content is original and unique.

Scheduling of your Build Session

* To schedule a session you must complete the questionnaire.

* Because Farend allocates the time of a highly trained Farend consultant specifically for your scheduled appointment all Build Sessions must occur at the scheduled time. If you are going to miss a scheduled Build Session then you must cancel the Consultation as soon as possible. If a session is a no show by you, is cancelled or rescheduled without a minimum of 2 hours notice then a penalty fee will arise for scheduling a new date for your Build Session.

* Please note that Build Sessions cannot be interrupted for breaks, phone calls etc. therefore please turn off your mobile phone and clear any diary items in advance of commencing the Build Session.

* Please ensure that you are the decision maker, the 60 minute session is about decision making and completing your new Farend website, not suggesting alternatives that need to be authorized by another person in your organisation.

* Our fee includes the cost of us ringing you at a landline to conduct the Build Session. Please supply a landline number for which the Farend consultant will ring you at to conduct the Build Session. Due to the high cost per minute and poor quality of mobile phone connections we cannot conduct a Build Session over a mobile phone. If it is essential from your point of view that the Build Session is conducted over a mobile phone connection then you must ring us at the start of the Build Session rather than us ring you.

Appropriate Conduct

* You understand that the content of your web pages, graphics and images are the sole responsibility of the person from which such Content originated. Farend reserves the right, but shall have no obligation, to refuse or move any Content made available via the questionnaire.

* You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using the content management and for any consequences thereof. You agree to use the website only for purposes that are legal, proper and in accordance with the Terms of Process and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Farend servers or networks.

* Pornographic, offensive, racist, hate, discriminatory, defamatory, libellous material is not permitted to be used or created with any Farend services.

* It is strictly prohibited to use any Farend to distribute or make available for download copyrighted material without the copyright owner”s consent.

* It is strictly prohibited to impersonate any person or entity or to misrepresent your affiliation to any person or entity.

* Any Account holder who engages in any of the above activities resulting in any damages or losses to Farend or any third parties shall be responsible for such damages and losses, including any costs involved in disputing or collecting such damages and losses. Accounts found abusing the above Terms will be terminated and all data immediately deleted with no refund.

* In order to minimize the disruption to your working day Build Session take place over virtual meetings rather than face to face. This may result in you feeling that the person at the other end is not a human being and allow frustrations on your part that are not relevant to the Consultation to arise. Please bear in mind at all times that our Farend consultants are highly trained, committed individuals and should be treated as such. Abusive language or behavior towards our Farend consultants will not be tolerated.

General

1. Ownership of IP: If you supply images/content during the design questionnaire you certify that you own the rights to all such content. Should Farend receive complaints that your site features content belonging to third parties we will instruct said third parties that we will remove your website on foot of a court order to do so. All correspondence should take place directly between the complainant and the website owner in the first instance. You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).

2. Except as permitted by applicable law or as expressly permitted by Farend the Customer must not, without Farend”s prior written consent, copy, de-compile or modify any software, copy manuals or documentation or permit anyone else to do so.

3. Farend reserves the right to alter/amend/upgrade any aspect of the process offering at its own discretion, without notice.

4. The contract is to build a website to the specification chosen by you. Your choice of package will determine the number of pages that the Farend consultant will build. During the consultation you will be shown how to add additional pages yourself.

5. In the case where customers are provided with unlimited pages this is subject to a fair usage policy of 50 pages.

6. While you will be provided with access to maintain your website FTP and Control Panel details are not provided and trying to access these areas will result in termination of the account unless approved by Farend in writing.

7. In year 2 should you wish to keep your Farend website Farend will invoice you for the annual cost of your domain name, hosting of your website, technical updates and an annual recurring licence

8. You agree to the text “Website Powered by Farend” appearing discretely on your website in the Footer of your page with a link to the Farend home page.

Google Customised

* Based on our extensive experience in Search Engine Optimisation we take care to uniquely customize each Farend website for the best Google ranking possible.

* While we optimise your website for Google though a number of techniques, Farend does not guarantee a number 1 placement in Google due to the nature of Search Engine Optimisation and how people might search for a Product or Service.

* Farend cannot be held responsible for Google placements where you choose not to use or changes the default Farend content provided.

* Typically it can take up to 2 months for the major search engines to spider a new website and include it in their index. We cannot speed this process up but we do immediately register your site with Google.

Communications and Support

* All communications concerning services and renewals will be via email to the address you supply, it is in your interest to ensure that we have the most up to date one for you at all times.

* Support will be provided by FAREND using the ticketing system you will be given access to through your control panel.

Post Build Session

The Website Builder system that we provide you with is very flexible:

1. You can change your own content or add new content by simply logging in to your control panel.

2. Website statistics: You can see the details of the visitors to your website by simply logging in to your control panel.

Confidentiality

Except to the extent any disclosure is required by law, Farend and the Customer will keep in confidence any information, whether written or oral, of a confidential nature obtained under or in connection with the provision of any services. Farend and the customer will not, without the consent of the other, disclose such information to any person other than:

(a) their employees or professional advisers who need the information in order for the Customer or Farend to fulfill its obligations under this Contract; or

(b) in the case of the Customer, its staff to the extent that they are required to use or access the Service; or

(c) in the case of Farend, the employees or professional advisers of its suppliers who need the information in order for Farend to fulfill its obligations under this Contract.

Transfer of Rights and Obligations

The Customer may not transfer any of their rights or obligations under this Contract without the written consent of Farend whereas Farend may transfer its rights or obligations or both to a Group Company or third party without consent provided that Farend notifies the Customer that it has done so.

Complaints Procedure

If for any reason you are unsatisfied with any Farend service we provide a comprehensive complaints procedure. To log a complaint please send an email to info(at)farend.net with the subject line “Formal Complaint” outlining in detail the nature of your complaint. If properly configured it will be processed and responded to within 7 days. We require that clients complete this procedure before contacting third parties/making public statements.

Proprietary Rights

Farend hereby grants you a non-exclusive, non-transferable license to use our software. You are not being granted any right to copy the software or to use it on computers other than a server controlled by Farend.

Limitations Of Liability And Disclaimers

The maximum liability of Farend in respect of any of its services, unless otherwise agreed by prior written agreement, shall be the fee received by Farend in respect of the relevant service.

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