1.1 “Agile-Lean Ireland Ltd or ALI” shall mean its successors and assigns or any person acting on behalf of and with the authority of Agile-Lean Ireland Ltd.
1.2 “Client” shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply, and shall mean any person acting on behalf of and with the authority of such person or entity.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 “Services/Goods” shall mean Services/Goods supplied by the Agile-Lean Ireland Ltd to the Client (and where the context so permits shall include any supply of Services/Goods as hereinafter defined) and are as described on the invoice, quotation, work authorisation or any other forms as provided by the Agile-Lean Ireland Ltd to the Client.
1.5 “Services/Goods” shall mean all Services/Goods supplied by the Agile-Lean Ireland Ltd to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Services/Goods as defined above).
1.6 “Price” shall mean the cost of the Services/Goods as agreed between the Agile-Lean Ireland Ltd and the Client subject to clause 3 of this contract.
2.1 Any instructions received by the Agile-Lean Ireland Ltd from the Client for the supply of Services/Goods and/or the Client’s acceptance of Services/Goods supplied by the Agile-Lean Ireland Ltd shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Client has entered into this agreement, the Clients and or directors shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of the Agile-Lean Ireland Ltd.
2.4 The Client undertakes to give the Agile-Lean Ireland Ltd at least fourteen (14) days notice of any change in the Client’s name, address and/or any other change in the Client’s details.
2.5 Any person/s booking services (advertisements/ sponsorship/ exhibition space) are deemed to be a representative of the client and authorised to book services unless specified stated by the client. Should the person booking the services be no longer an employee of the client as payment falls due, full liability for payment in full, and within the payment terms of Agile-Lean Ireland Ltd shall be the responsibility of the client.
3. Price And Payment
3.1 At the Agile-Lean Ireland Ltd sole discretion the Price shall be either; (a) as indicated on invoices provided by the Agile-Lean Ireland Ltd to the Client in respect of Services/Goods supplied; or (b) The Agile-Lean Ireland Ltd’s quoted Price which shall be binding upon the Agile-Lean Ireland Ltd provided that the Client shall accept the Agile-Lean Ireland Ltd’s quotation in writing / electronic mail within thirty (30) days.
3.2 At Agile-Lean Ireland Ltd’s sole discretion a non-refundable deposit may be required.
3.3 Unless otherwise agreed in writing, Agile-Lean Ireland Ltd may invoice the Client for advertisements/ sponsorship/ exhibition space when the Client confirms (either in writing or by email) their package for advertisements/ sponsorship/ exhibition space.
3.4 Time for payment for the Services/Goods shall be thirty (30) days following the date of the invoice.
3.5 Agile-Lean Ireland Ltd will use external collection agents to collect outstanding invoices.
3.6 Payment will be made by electronic transfer, by cheque, by bank cheque or by direct credit, or by any other method as agreed to between the Client and the Agile-Lean Ireland Ltd.
3.7 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
3.8 The Client shall be liable to repay the amount with all expenses if the cheque is returned unpaid by the client’s bank.
4. Client’s Disclaimer
4.1 The Client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by Agile-Lean Ireland Ltd and the Client acknowledges that the Services are bought relying solely upon the Client’s skill and judgment.
5. Proof of Advertisement
5.1 It is the sole responsibility of the Client to proof and approve all signage included in the Sponsorship Benefits before final sign off is given to our production department and provided to the Sponsor’s specifications.
5.2 It is the sole responsibility of the Sponsor to proof read the advertisement before final sign off is given to Agile-Lean Ireland Ltds’ production department. The Sponsor must proof read under the following headings: Spelling – Contact details – colour -The size of the Advertisement – The advertisement content.
6.1 Agile-Lean Ireland Ltd may cancel these terms and conditions or cancel an Event at any time before the Services are delivered by giving written notice. On giving such notice Agile-Lean Ireland Ltd shall repay to the Sponsor any sums paid in respect of the Sponsorship Cost minus non-refundable deposits.
6.2 In the event that the Sponsor cancels sponsorship, Agile-Lean Ireland Ltd must be notified in writing within the following periods;
(a) Sixty to thirty one (60 – 31) days before the Event. If no notification is made to Agile-Lean Ireland Ltd within this period, a cancellation fee at the rate of 50% shall be applied to this Event.
(b) thirty (30) days before the Event. If no notification is made to Agile-Lean Ireland Ltd within this period, a cancellation fee at the rate of 100% shall be applied to this Event.
(c) All payments made as deposits are non-refundable and will remain non-refundable at all times (deposits are retained to cover any and all coverage provided by Agile Lean Ireland to the client including displaying logos on the ALI website, social media activity and any promotions exercised).
7. Data Protection and the General Data Protection Regulation (the “GDPR”)
7.1 The Sponsor authorises the Agile-Lean Ireland Ltd to:
7.2 collect, retain and use any information about the Sponsor for the purpose of assessing the Sponsor’s creditworthiness or marketing products and Services to the Sponsor; and
7.3 to disclose information about the Sponsor, whether collected by Agile-Lean Ireland Ltd from the Sponsor directly or obtained by Agile-Lean Ireland Ltd from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing (whether before or after judgement) a default by the Sponsor on publicly accessible credit reporting databases.
7.4 The Sponsor shall have the right to request Agile-Lean Ireland Ltd for a copy of the information about the Sponsor retained by Agile-Lean Ireland Ltd and the right to request Agile-Lean Ireland Ltd to correct any incorrect information about the Sponsor held by Agile-Lean Ireland Ltd.
7.5 The Sponsor may transfer the personal data of its personnel to Agile-Lean Ireland Ltd as data controller, in order to give effect to this agreement. Agile-Lean Ireland Ltd shall ensure that it complies at all times with the provisions of the GDPR and any applicable data protection laws in its handling and use of such personal data.
8. Advertisement Quality
8.1 Colour adverts will vary depending on the paper material, machine and position of advertisement in relation to other content within a publication when in production. Due to a combination of some or all of the above factors a contract colour proof is required for any advertisement in advance of the scheduled print date in order to best ensure an accurate colour representation of the advert. Agile-Lean Ireland Ltd cannot be held responsible for the colour variation of adverts. In cases where the Sponsor provides their own advertisement, this advertisement must be sent to Agile-Lean Ireland Ltd in high resolution format.
8.2 Agile-Lean Ireland Ltd shall endeavour (without guarantee) to provide a specifically requested advert position provided this request is agreed in advance and is made in writing to the sales representative.
9.1 Each clause of this contract is severable and distinct from the others. If any provision of these terms and conditions is or becomes invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
9.2 These terms and conditions, and any contract to which they apply, shall be governed by the laws of Ireland and are subject to the jurisdiction of the courts of Ireland.
9.3 In the event of any breach of this contract by Agile-Lean Ireland Ltd, the remedies of the Sponsor shall be limited to damages. Under no circumstances shall the liability of Agile-Lean Ireland Ltd exceed the Price of the Services.
9.4 Agile-Lean Ireland Ltd retain the right to omit, include or signoff all editorial content, images and any associated material with any article contained in any publication produced by Agile-Lean Ireland Ltd without sign-off from the Sponsor.
9.5 Agile-Lean Ireland Ltd reserve the right not to use editorial supplied where the content or subject is not considered appropriate by Agile-Lean Ireland Ltd and must comply with the Irish code of advertising practice. Agile-Lean Ireland Ltd will give the Sponsor the opportunity to submit alternative material. This alternative must be submitted within production deadlines.
9.6 Publication deadlines discussed at the time of sale are to be used as a guide. Deadlines may be subject to change. Agile-Lean Ireland Ltd may not be held responsible for changes in publication dates. In cases where a Sponsor is submitting editorial material as well as an advertisement, the Sponsor may not deduct amounts from the price of the advertisement, should the editorial be deemed unsuitable by Agile-Lean Ireland Ltd.
9.7 The Sponsor shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Sponsor by Agile-Lean Ireland Ltd.
9.8 Agile-Lean Ireland Ltd may not license or sub-contract all or any part of its rights and obligations without the Sponsor’s consent.
9.9 Agile-Lean Ireland Ltd reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any changes to these terms and conditions, then that change will take effect from the date notified to the sponsor in writing with a minimum of fourteen (14) days notice. 15.10 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.