Terms of Service (effective 30th March 2020)
Who we are
- We are Ark Innovative Technologies & Services Limited, a limited company registered in Ireland with company number 600940 (“we” “us” “the Company”). Our office is at 2nd Floor, Units 1201 & 1202, Building 1000, City Gate, Mahon, Cork, T12 W7CV.
- You can contact us at email@example.com or call 021 601 9319.
If you are a consumer
- If you are a consumer, you have a legal right to cancel your contract during the period set out below. This means that, during the relevant period, if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel your contract and receive a refund. Advice about your legal right to cancel your contract is available from the European Consumer Centre (to access your national centre visit: Europe consumer disputes page).
- This cancellation right does not apply in the case of:
- sealed audio or sealed video recordings, or sealed computer software, once these products are unsealed after you receive them;
- software or electronic subscription products or downloadable templates, documents, books or reports in pdf or other electronic format (digital content, the value of which is inherent in the information and/or analysis that has been delivered and which, by its nature, cannot be returned) in respect of which consumers waive, on receipt of the digital content, any right of contract cancellation;
- any products that become mixed inseparably with other items after their delivery;
- any products that are made to your specifications or are clearly personalised;
- any services where you have specifically requested a visit for the purpose of carrying out urgent repairs or maintenance;
- any services, after the service has been fully performed. Where you have requested that we commence provision of any service, whether training or consultancy, within a period of 14 days from the day on which the service was purchased, then you may still cancel the service during the cancellation period, but you will have to pay us an amount that is in proportion to the services already provided. There are further terms, set out below, that apply specifically to the purchase of training courses through our sites.
- Your legal right to cancel a contract starts from the date we confirm our acceptance of your order, which is when the contract between us is formed. Your deadline for cancelling the contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your contract||End of the cancellation period|
|Your contract is for a single product (which is not delivered in instalments on separate days).||The end date is the end of 14 days after the day on which you receive the product. Example: if we provide you with an order confirmation on 1 January and you receive the product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.|
|Your contract is for either of the following:
||The end date is 14 days after the day on which you receive the last instalment of the product or the last of the separate products ordered. Example: if we provide you with an order confirmation on 1 January and you receive the first instalment of your product or the first of your separate products on 10 January and the last instalment or last separate product on 15 January you may cancel in respect of all instalments and any or all of the separate products at any time between 1 January and the end of the day on 29 January.|
|Your contract is for the regular delivery of a product over a set period.||The end date is 14 days after the day on which you receive the first delivery of the products. Example: if we provide you with an order confirmation on 1 January in respect of products to be delivered at regular intervals over a year and you receive the first delivery of your product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all products to arrive during the year.|
|Your contract is for a service||The end date is 14 days after the day on which the contract is concluded i.e. after the date on which we provide you with an order confirmation. Example: if we provide you with an order confirmation for on 1 January you may cancel at any time between 1 January and 15 January.|
- To cancel a contract, you need to let us know that you have decided to cancel. Please notify us of your decision to cancel by emailing firstname.lastname@example.org, quoting the electronic purchase sale number, the date of the transaction and the items purchased. This letter must contain a categorical statement that goods that have been delivered have not been copied, duplicated or used in any way. Please also obtain a Returns Number at the time of notifying us of your decision to cancel, and we will at that time also notify you of our returns address.
- If you cancel your contract, we will:
- refund you the price you paid for the products. However, please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way that would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount, refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- if you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
- if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the contract.
- If you have returned the product to us because it is faulty or not as described, we will refund the price of the product in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
- We will refund you on the credit or debit card you used to pay. If you used vouchers to pay for the product, we may refund you in vouchers. If you paid via PayPal or some similar payment processor, or via bank transfer, we will make the refund by the same route.
- Because you are a consumer, we are under a legal duty to supply products that are in conformity with the contract entered into between us. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund outlined above or anything else in these terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- If a product has been delivered to you before you decide to cancel the contract:
- you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. You should send the product back to the address stated on our website.
- unless the product is faulty or not as described, you will be responsible for the cost of returning the product to us. If the product is one that cannot be returned by post, we estimate that if you use the carrier that delivered the product to you, these costs should not exceed the sums we charged you for delivery.
Price and Payment
The price of the product (which includes VAT) will be the price indicated on our site when you place your order through our website. We take care to ensure that the price of the product advised to you is correct but it is always possible that errors may occur. If the product’s correct price at your order date is higher than the price listed on our website, we will contact you for your instructions before we accept your order. Payment is due in full at the point you place your order. If we are unable to accept your order, we will refund you via your original method of payment.
The cost of delivery will be as displayed on our website. Delivery times displayed on our website are estimates only. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the date on which we accept your order. Digital content will be made available for download on acceptance of your order. Where the product is a service, we will begin delivery of the service on the date stated during the order process.
Our right to terminate or suspend our contract with you
We may terminate or suspend our contact with you at any time if:
- If we end our contract with you in these circumstances we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking your contract.
- We may also have to suspend the supply of a product for technical reasons or to comply with an applicable law. In these circumstances, we will aim to contact you in advance, but this will not always be possible. You may contact us to end your contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product.
- you do not make payment when due;
- you do not, within a reasonable time, allow us to deliver or otherwise supply the products to you;
- you do not, within a reasonable time, provide us with the information we need to carry out our obligations under the contract; or
- you become, or in our reasonable opinion are likely to become, insolvent.
Effect of Termination
The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected. The provisions of the contract which are expressed to survive, together with those which are intended to survive termination shall survive the termination of the contract.
Limitation of liability
Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. To the extent permitted by law; Our total liability to you in respect of all other losses arising under or in connection with our contract with you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products we supply under our contract with you. This clause will survive termination or expiry of our contract with you.
- we exclude all conditions, warranties, representations or other terms that may apply to our products, whether express or implied; and
- we will not be liable for:
- loss of profits, sales, business or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If any of these terms is at any time held in any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void, and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
No waiver by the Company, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. This clause will survive termination or expiry of our contract with you.
These terms shall be governed by and construed in accordance with the laws of Ireland and, to the extent permitted by law the user explicitly accepts that only the law courts of Ireland have jurisdiction to deal with any matter arising from or in any way, whether directly or indirectly, related to these terms and, accordingly, the user explicitly waives all and any rights to bring any action of any sort in relation to this website, or to any transaction carried out with it, or any data stored on it or provided to it in any court anywhere else in the world. This clause will survive termination or expiry of our contract with you.
We are not liable for any failure or delay to perform our obligations under our contract with you where the failure is due to anything beyond our reasonable control (for example, natural disasters, flood, fire, acts of terror, malicious damage, compliance with any law or governmental order, or mechanical, electronic or communications failure or degradation).
You may not transfer or assign your contract (or your user account) to anyone without our written consent. We may assign or transfer our contract with you to our affiliates or to a party that buys us or an affiliate or parent of ours without your consent by providing you with notice.
The contract is the entire agreement between you and us and supersedes all prior representations or agreements in connection with the supply of our products to you. Headings are for reference purposes only and do not form part of our contract with you.
Online purchasing agreements
Only those organisations that have approved credit accounts are authorised to place orders through our websites using a purchase order, as documented in an Online Purchasing Agreement. All purchases made by means of a purchase order are subject to specific terms as set out in that organisation’s Online Purchasing Agreement.
Training course terms and conditions
All Ark Innovative Technologies & Services Limited public training courses, including all those for which we act as booking agents for third-party training providers, are subject to the terms and conditions set out below and, by booking a training course or a third-party training course through us, our customers (‘you’) accept these terms and conditions. All in-house training courses are subject to our General Terms and Conditions, which are available separately at the time of booking.
If you are a consumer, the terms contained in the “If You Are a Consumer” section of the Terms for Buying Goods and Services on Our Site, take precedence over these Training Course Terms and Conditions in the event of any conflict.
- Prices for individual courses are as advertised on our website and are exclusive of VAT. Where required, VAT will be added to the advertised price to arrive at the final total cost. The course price includes trainers’ time, provision of training rooms and necessary facilities, all necessary training materials, and morning and/or afternoon refreshments. It does not include travelling or other subsistence costs.
- Bookings can be made by credit card online via our website www.arkservices.ie, by telephone (021 601 9319), by sending a booking form by email it to email@example.com our sales office.
- Bookings, which are in all cases subject to the availability of places on courses and, for third-party courses, on confirmation to us by the training provider that the course will actually run, will be accepted by us and the rights and responsibilities in respect of cancellation will apply from the date at which the booking is made. We reserve the right to refuse admittance to any public course unless:
- The full purchase price has been paid through the booking page for your chosen course through our website; or
- a valid purchase order has been received by us from a local authority, other public sector organisation or a company that has an approved credit account with us; and/or
- the full purchase price has been received by bank transfer to Ark Innovative Technologies & Services Limited in advance.
- Delegates will not be permitted to enter the classroom if payment has not been made as set out above. The cancellation terms above shall apply in any case.
- Once a booking has been accepted, cancellation terms (below) apply.
Delegate cancellation charges
You may cancel your booking without penalty providing we receive written notice more than 28 working days prior to the start of the relevant training course. Written cancellations received between 28 and 21 working days prior to the start of the training course will be subject to a 25% cancellation fee, and, if between 20 and 11 working days, a 50% cancellation fee. No refunds will be given for written cancellations received 10 working days or less before the start of the training course. No refunds will be given if you fail to attend a course for which you have made a booking.
Delegates can be transferred from one course to another, or alternative delegates can be substituted for those already booked on a course. For this to happen, the following fees apply: written notification more than 28 working days prior to the start of the relevant training course without penalty; between 28 and 21 working days prior to the start of the training course a 25% transfer fee; 20 to 11 working days a 50% transfer fee. Transfers 10 working days or less in advance of a course will be treated as a cancellation, and will be charged a 100% cancellation fee. (N.B. Unless we know the names of delegates five working days in advance, it may not be possible to provide attendance certificates at the end of the training course.)
The Company (and its selected training partners) reserves the right to cancel training courses but will endeavour not to do so within ten working days of the start of the course. If a training course is cancelled, the Company’s only obligation to you will be, at our discretion, either to reschedule the cancelled course within four months or to refund in full the fees paid by you for the training course. To the fullest extent permitted by law, the Company will not be liable to you in contract, tort, negligence or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you as a direct, indirect, special or consequential nature arising from such a cancellation.
You are responsible for ensuring that the backgrounds of your delegates are suitable for the training course(s) that they are attending. The Company will not be liable for any refund if delegates decide that the course material is inappropriate for them or where they are unable to participate fully for any reason. In no circumstances will the Company be liable to refund any amount in excess of the agreed and paid price for any training course. This applies in particular (but is not limited) to any travelling, subsistence or consequential expenses of any sort incurred by your delegates.
Copyright and intellectual property
All copyright and other intellectual property rights in or relating to any course materials provided or made available in connection with the course are and remain the sole property of the Company and/or its third-party providers. Course materials may not be used, copied, reproduced, stored in a retrieval system, distributed or transmitted in whole or in part, or in any form or by any means, whether electronically, mechanically or otherwise, or translated into any language, without the prior written permission of the Company and/or its third-party providers.
Ark is committed to protecting your privacy rights under the General Data Protection Regulation (GDPR) and other applicable privacy legislation.