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Trading Terms & Conditions

1. General Terms
  • 1.1  Goldsmith Computer Services reserves the right to change or amend these Terms & Conditions without notification or prior notice.
  • 1.2  Goldsmith Computer Services (Hereafter referred to as GCS) only conducts business subject to these Terms & Conditions.
  • 1.3  Should any clause of these Terms & Conditions be deemed illegal, unenforceable or not applicable, the remaining portions shall remain in force.
  • 1.4  By engaging GCS to carry out works the Client is deemed to have read, understood and accepted these Terms & Conditions in full and agrees to be bound by them.
  • 1.5  In accepting these Terms & Conditions, Clients accept that these Terms & Conditions take precedence over any Terms & Conditions imposed on suppliers by the Clients own Trading Terms.
  • 1.6  Any Client deemed in breach of these Terms & Conditions, at the sole discretion of GCS, may suffer termination of ALL services and subsequent legal action.
2. Payment Terms
  • 2.1  All works are carried out in a given month will be Invoiced for on the last working day of that month, including but not limited to, works in progress, projects or consultancy.
  • 2.2  All payments for Web Site Design work shall become due on the uploading of the finished design to the Clients Server. The Client shall have a 30 day period to notify GCS of any changes to the design as part of the original design contract. All amendments or changes to the Web Site thereafer, with the exception of remedial works, shall be chargable at the standard rate.
  • 2.3  All Invoices must be paid in full within 30 days of date of issue.
  • 2.4  All Equipment supplied remains the property of GCS until paid for in full. Any Equipment supplied that remains unpaid for after a period of 90 days from date of invoice, shall be liable to removal from the Clients premeses, without notice to the Client. GCS shall accept no liability for this action as laid out in provision 4.2 below.
  • 2.5  GCS reserve the right to apply interest on late payments at a rate of 3% per month or part thereof that a payment remains outstanding, unless notified under provision 2.6 below.
  • 2.6  Complaints or queries regarding Invoices must be notified to GCS within 7 days of the date of the Invoice to avoid interest payments as laid out in provision 2.5 above.
  • 2.7  Contract maintenance or support is Invoiced monthly in advance, payable by Direct Debit or Electronic Transfer into our bank account, prior to commencement of the contract.
  • 2.8  Late or Non payment of contracted fees shall be liable to interest as laid out in provision 2.5 above, and will result in the service being withdrawn until full payment of the overdue amount is made, including the period of any withdrawal of service and the interest accrued.
  • 2.9  Any Cheques returned unpaid by a Clients bank, for whatever reason, will incur a penalty charge of €50 to cover the cost of recovering the unpaid sum.
  • 2.10  GCS reserves the right to instigate legal proceedings on any unpaid sum, including interest accrued, not subject to section 2.6 above, overdue for a period of more than 90 days from date of Invoice and that the Client shall be liable to all and any costs incurred by GCS in taking such action, including but not limited to legal fees, court fees, collection agency costs and administration costs incurred by GCS, regardless of the outcome of said Legal proceedings.
3. Cancellations
  • 3.1  Cancellation of maintenance or support contracts must be done in writing to the registered address of GCS, at least 30 days prior to the cessation of service. All fees due, up to and including the date of cessation of service, shall be paid at the time of notification of cancellation.
  • 3.2  Client purchase orders valued below €150 may be cancelled at any time prior to delivery. Orders valued above €150 may be subject to a cancellation fee unless cancelled within three days of issue of the purchase order.
  • 3.3  Cancellation of Client projects or consultancy contracts prior to completion must be done in writing to the registered address of GCS. Any outstanding fees for work already completed will become due as of the date of cancellation and an Invoice will be raised as of that date. All deliverables in the Clients possession will remain so with the exception of items of GCS proprietary material including, but not limited to, Web Page designs, Logotypes, Scripts or Templates, which must be returned to GCS.
  • 3.4  GCS reserves the right to cancel any maintenance, service or consultancy contract, Client project or works in progress, without notice or forfeiture of fees due, should any member of GCS staff, or our appointed agents, be subjected to threats or intimidation, physical or verbal abuse, unsafe working environments or practices, or are subject to or asked to participate in illegal activities, including, but not limited to, theft, fraud, deception or forgery.
4. Liability
  • 4.1  Nothing in these Terms and Conditions shall restrict or exclude either party's liability for fraud, death or personal injury.
  • 4.2  GCS shall not be liable to the Client nor to any third party for any direct or indirect loss of profit, anticipated savings, business, contracts, revenue, time, goodwill or loss of or harm to data or other content or for any other indirect or consequential loss, however caused, including, but not limited to, withdrawal of service subject to provision 2.8 above or the removal of Goods subject to provision 2.4 above or cancellation by GCS subject to provision 3.4 above.
  • 4.3  The Client acknowledges that GCS shall not be liable to the Client in respect of any loss or damage arising from the Clients use of or reliance upon any advice or information provided by GCS.
  • 4.4  Subject to the other provisions of this Clause, any liability GCS may have to the Client in contract, tort, or otherwise in connection with the supply or non-supply of Services shall be limited in each calendar month to damages equal to the Charges paid by the Client in that calendar month for said Service.
  • 4.5  GCS makes no warranties of any kind, either expressed or implied, as to the fitness of purpose, performance or reliability of any software, hardware or service offering, including, but not limited to, third party products or services, supplied through or by GCS to the Client.
  • 4.6  Subject to the other provisions of this Clause, any liability GCS may have to the Client in contract, tort or otherwise in connection with the supply and installation or non-supply of hardware or software, or configuration of same, shall be limited to the amount paid by the Client for that hardware or software, or the configuration of same, including any installation charge or labour costs.
5. Complaints Procedure
  • 5.1  All complaints shall be brought to the attention of GCS in writing to the registered address of GCS, no later than 30 days from completion of the works from which the complaint arises.
  • 5.2  All and any remedial actions required to resolve a complaint are at the discretion of GCS, who shall validate any complaints prior to any remedial action being taken and subject to provision 4.2 above.
  • 5.3  Where a complaint arises from faulty equipment supplied as new by GCS, the equipment shall be either;
    1) Replaced by the manufacturer under Warranty.
    2) Repaired by the manufacturer under Warranty.
    3) Replaced by GCS with similar equipment of different manufacture.
    4) Returned to manufacturer or supplier for refund.
    Any determination of remedial action shall be at the sole discretion of GCS.
  • 5.4  GCS will make all efforts to resolve a complaint to the Client's satisfaction, however where a suitable resolution to a complaint cannot be reached, the case will be put before independent arbitrators for adjudication, the results of which shall be binding on both parties. Any liability GCS may have is subject to provisions 4.4 or 4.6 above, as applicable.
  • 5.5  Under no circumstances will GCS enter into a dialogue with the Clients Legal Representatives unless the applicable provisions of Clause 5 have been met. Any Legal action taken by the Client in connection with a complaint that has not fulfilled the applicable provisions of Clause 5, shall itself be deemed a breach of these Terms & Conditions and subject to provision 1.6 above.
6. Terms of acceptance of contracts
  • 6.1  All maintenance and service contracts are subject to a site survey prior to commencement of the contract.
  • 6.2  All maintenance and service contracts are for a term of One Year, renewable at the end of the term.
  • 6.3  GCS reserves the right to refuse renewal of a contract, without giving its reasons for refusal.
  • 6.4  Client project and non fixed term consultancy contracts whether undertaken by verbal agreement, by provision of a Client purchase order or by formal contract are accepted subject to these Terms & Conditions.
  • 6.5  Fixed term consultancy contracts are subject to formal contract and terms of reference from the Client.
7. Application
  • 7.1  These Terms & Conditions shall be effective from the First Day of September 2004 and shall remain in force until superceded or amended.
  • 7.2  Application or acceptance of these Terms & Conditions does not affect your statutory legal rights under Irish Law.