Your specific attention is drawn to clause 5 of these terms and conditions which set out the limitation of our liability to you. Please read carefully.
You have asked us to provide you with professional services. This note explains our terms and conditions while we are working for you. It is important, to prevent any misunderstandings at a later stage, that you know what to expect and understand what our service involves. Please read the following terms and conditions carefully. We will be happy to answer any questions you may have.
1. Discussing your expectations
We will discuss your expectations and tell you whether we think they are realistic. It is important to us that you understand at all times what advice and professional services we can provide to you. These services are for you alone and not other parties that you may be connected with.
2. Instructing us
It is important that you give us clear and accurate instructions from the beginning and that we clearly understand your needs and requirements. We will do our best to carry out the agreed instructions and to give you a confidential and friendly service with professional advice.
3. Providing you with services and use of data
When you give us instructions, we assume that you are giving us permission to hold in our records certain information relating to you, including ‘sensitive data’, such as your Curriculum Vitae, Resume and Employment History and personal data which will amount to data covered by the GDPR regulations and by engaging us you are consenting to us holding and dealing with such personal data in all ways that is in conformity with legal requirements.
You also agree to us:
Obtaining information from third parties to help us provide your services, without seeking your permission in advance; and
Using information technology (IT), including email, to guarantee the best quality and most efficient service.
Important: We will only use any personal or ‘sensitive’ information to help you in providing services to you.
4. Charges and Expenses
· Our charges are based principally on the time spent dealing with a matter while also taking account of its complexity. Time spent on your affairs will include meetings with you and perhaps others, any time spent travelling, considering, preparing and working on papers, research, correspondence, and making and receiving telephone calls and emails. Other factors may also be taken into account including complexity of the issues, the speed at which action must be taken, the priority we must give your work at the expense of other clients, the expertise or specialist knowledge which your requirements demand. If, as a result of these or other factors, our charging rates are higher than those estimated, we will notify you of this as soon as practicable
· A fee will be agreed with you for the work at the outset of the engagement. These rates are reviewed and adjusted periodically. In addition, the rates charged in respect of specific staff members change as they increase in seniority. Our charges are calculated at the rates that are current when the work is carried out. We take your initial instruction to us as authority for us to incur without reference to you reasonable expenses in the provision of our services to you.
· Fees for workshops and training for organisations is billed within 4 weeks following completion of the work. If the matter has not been completed in the time frame we have discussed, we will discuss with you whether it would be appropriate for us to submit an interim invoice at that time. Our charges are calculated on the same basis whether or not the matter is completed.
· Our invoices for workshops and training for organisations are payable 30 days from the date of issue of the invoice. Interest is payable from the due date until the date of actual payment at the rate specified in the EC (Late Payment in Commercial Transactions) Regulations 2002.
· If you would like to set an upper limit on the costs which may be incurred without prior reference to you then please let us know.
· Fees for services for individuals including, but not limited to interview training, career coaching, CV writing and review, application form review and LinkedIn profile writing are payable prior to commencement of the work for each service. Fees are paid via an online payment system.
Terms of Sale for online purchases
· By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Completion times may vary according to availability and subject to any delays resulting from force majeure for which we will not be responsible.
· In order to contract with Goold Consulting Limited you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Goold Consulting Limited retains the right to refuse any request made by you. When your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. Your card will be debited upon authorisation being received from the card provider. The cost of products and services in non-euro currencies may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that we have accepted the order.
(b) Pricing and Availability.
Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any services or goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Where we are holding money for you, on account or otherwise, we may use this money toward payment or part payment of our bills outstanding from you, unless otherwise agreed. We will always advise you when this is being done.
To obtain a full refund on the fee paid, two business days notice must be given if you needs to cancel an appointment. If the cancellation is within one business day of the appointment time a 50% charge is applied. If you do not cancel the appointment but fail to attend the appointment then the full charge will be applied. We understand that exceptional circumstances may apply at times but this cancellation policy will apply to most situations.
If at any stage Goold Consulting Limited has to cancel an appointment a full refund of monies paid or an alternative date will be given at your option.
5. Limitation of Liability
We shall not be liable for any claim in excess of three times the professional fee due for the services or goods the subject matter of this contract. Neither Goold Consulting Limited, its directors, servants or agents shall be liable for any consequential loss, damages whatsoever, including without limitation any direct, indirect, special, consequential, punitive, or incidental damages for loss of use, profits, data, or other intangibles, damages for goodwill or reputation and all warranties are hereby excluded and withdrawn to the fullest extent permitted by law. You acknowledge that this term is a fair and reasonable term and has been brought to your specific attention.
Disclaimer of Liability
The material displayed on thc company website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Goold Consulting Limited and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. You acknowledge that this term is a fair and reasonable term and has been brought to your specific attention. This does not affect Goold Consulting Limited’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
6. Other Matters
As you may already be aware, certain statutory provisions on the prevention of money laundering are extended to include additional designate bodies.
While providing professional services to you, we shall gather information and documents which relate to your business and affairs. We shall keep the information and documents confidential, except where disclosure is required by law or regulation or in other exceptional circumstances. As you will appreciate, in the same way we must respect the confidence in information and documents which we hold for our other clients. We cannot, without their express written permission, disclose any of that material to you or visa versa.
Unless we hear from you to the contrary, we will use internet email to communicate with you and others in relation to any matter. This carries certain risks. We do not accept responsibility for any loss that you suffer as a result of our use of internet email. Unless you indicate otherwise, we will deem your instructions in this matter to constitute an appropriate consent for the maintenance and processing of your personal data under the Provisions of the Data Protection Act 1988 and the Data Protection (Amendment) Act 2003.
Our advice will relate to the law and procedure which operate in Ireland only.
7. Application of these Terms
These terms shall be deemed to apply upon the provision of our services to you and shall be freely available on the Company website. The Company retains the right to update these terms and conditions from time to time as the need arises and such updated terms shall be deemed to apply to you.
You must not misuse the Company Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Goold Consulting Limited will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through the Company Website remains the property of Goold Consulting Limited or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Goold Consulting Limited and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Goold Consulting Limited and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Goold Consulting Limited.
You agree to indemnify, defend and hold harmless Goold Consulting Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use the Company Website or your breach of the Terms of Service.
Goold Consulting Limited shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of the Company Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Goold Consulting Ltd. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Goold Consulting Limited.