Commercial Terms
EARLY YEARS RESOURCE FACTORY (EYRF) is a licenced service. Licence payments are due monthly in advance by credit or debit card. Monthly fees are those stated on the EYRF website or otherwise by specific agreement in writing from Canavan Byrne.
PRODUCTS
Canavan Byrne will sell a range of products relevant to the Early Years sector. Additional products will be added in the future. Products may be ordered through the www.earlyyearsshop.ie website or email enquiries to eys@canavanbyrne.ie . Product orders should be paid on ordering to activate processing. If orders are being paid by EFT please advise us when payment has been made. Delivery will generally be within 48 hours, subject to stock availability. If delivery is not possible within 48 hours the customer will be informed and may cancel the order, or part thereof, for a full refund to the value of the non-deliverable products.
PRODUCT RETURNS POLICY
According to the EU Distance Selling Directive, the consumer is protected by a number of safeguards and entitlements. Canavan Byrne is committed to complying with this directive.
Any product or products purchased from Canavan Byrne may be returned within seven days for a full refund. The products must be in their original packing and be unused. Customer is liable for carriage cost. Please contact CanavanByrne for specific details on individual products.
Any product or products that arrive broken or non-functioning may be returned for refund or replacement within 30 days of receipt. CanavanByrne will be liable for the cost of carriage. Please contact CanavanByrne at 01-6535008 for details of the returns procedure.
REFUNDS
Refunds will be issued in the same form as the original payment. If paid for by credit card, a credit will be issued to the original credit card number provided on that specific order. Refunds will be effected within 14 days of receipt of goods.
CANCELLATION POLICY
Customers are required to give one month’s notice in writing or by email to reception@canavanbyrne.ie of the decision to cancel their licence for the EYRF online service. Documation, on receipt of such notice, will arrange to cancel the monthly debit as appropriate. Any overpayments that may occur will be refunded within 14 days of the final date of service.
Limits of Liability
In no event will CanavanByrne be liable for any special or consequential damages, loss of profits, anticipated revenue, savings or goodwill, or other economic loss even if advised of the possibility thereof. However Documation’s liability for death or personal injury caused by its negligence is not to be limited and its liability in respect of any claim to the extent arising out of an act of willful misconduct, fraud, gross negligence or recklessness of CanavanByrne is not to be excluded or limited.
Jurisdiction and Applicable Law
The Irish courts will have exclusive jurisdiction over any claim arising from, or related to these Commercial Terms although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country. These Commercial Terms and any dispute or claim arising out of or in connection with them or the subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.
EARLY YEARS RESOURCE FACTORY is an online service provided by Canavan Byrne, Kingsfurze House Old Lucan Road Dublin 20, D20 KR60, Ireland. Tel: +353-1-6535008
Service Licence and Service Level Agreement
EARLY YEARS RESOURCE FACTORY Service Licence and Service Level Agreement (SLA)
EARLY YEARS RESOURCE FACTORY (EYRF) is a licensed service. A licence is valid for displaying signage created by EYRF in a single location only. Multiple location licences may be granted by arrangement. An EYRF licence entitles the licensee to create signs by accessing templates available through the hosted application. Created signs may be printed locally, stored on disk or saved to removable storage devices to facilitate printing at another time and location.
Service Commitment
Canavan Byrne uses commercially reasonable efforts to make the EYRF software service available with an Annual Uptime Percentage (defined below) of at least 99%.
Definitions
“Service Year” is the preceding 365 days from the date of an SLA claim.
“Annual Uptime Percentage” is calculated by subtracting from 100% the percentage of 5 minute periods during the Service Year in which EYRF was in the state of “Unavailable.” If you have been using EYRF for less than 365 days, your Service Year is still the preceding 365 days but any days prior to your use of the service will be deemed to have had 100% Availability.
“Unavailable” and “Unavailability” means that the Availability of EYRF is “Unavailable” externally of our hosting facility.
“Unavailable” means that EYRF has no external connectivity during a five minute period and you are unable to access EYRF.
EYRF SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of EYRF, or any other EYRF performance issues: (i) that result from Service Suspensions; (ii) are caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of EYRF; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) arising from our suspension and termination of your right to use EYRF due to arrears in payment of service licence fees or (vi) arising from planed maintenance to EYRF and supporting services.
Technical Support Includes:
Free tech support
All program updates released during subscription period
Free replacement of license/activation code in case of computer loss or any similar major incident
Maintenance Notifications
Customers will be provided with notification of maintenance and possible downtime within a reasonable amount of time prior to said maintenance.
Limits of Liability
In no event will Canavan Byrne be liable for any special or consequential damages, loss of profits, anticipated revenue, savings or goodwill, or other economic loss even if advised of the possibility thereof. Customer agrees that it is accepting the Software on an “as is” basis and Canavan Byrne gives no warranties of any kind whatsoever. The Customer agrees that Canavan Byrne’s liability, under any theory of law or equity, is limited to direct damages, not to exceed the amount paid by the Customer to Canavan Byrne in respect of the Software during the 12 month period immediately preceding the event which gives rise to the customer’s claim. However Canavan Byrne’s liability for death or personal injury caused by its negligence is not to be limited and its liability in respect of any claim to the extent arising out of an act of willful misconduct, fraud, gross negligence or recklessness of Canavan Byrne is not to be excluded or limited.
Jurisdiction and Applicable Law
The Irish courts will have exclusive jurisdiction over any claim arising from, or related to this SLA and the subject matter of this SLA although we retain the right to bring proceedings against you for breach of this SLA in your country of residence or any other relevant country. This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.
EARLY YEARS RESOURCE FACTORY is an online service provided by Canavan Byrne , Kingsfurze House Old Lucan Road Dublin 20, D20 KR60, Ireland. Tel: +353-1-6535008
