A: DEFINITIONS

1."User" means any person in the business of hiring a cleaner for any service.

2."Conditions" means these terms and conditions governing your access to and use of the PigSty Media web site.

3.“We", "us", "our" and "PigSty" refers to PigSty Media Ltd, 11 The Sherkin, Lancaster Gate, Western Road, Co. Cork..

4."You" and "your", refers to the person, firm or corporate entity who has applied for membership of our website.

5."Our website" means our website, www.pigsty.ie. and all sub domains of PigSty.ie including any websites owned by PigSty Media

6."Term" means the initial period of your membership set out in our notice to you confirming acceptance of your application.

7."User data" means information provided by or derived from the activities of visitors to our website, but does not include your data.

8."Your data" means all information and any part thereof provided to us by you.

9."Locations" means the places from which you operate, promote or manage your activities which are displaying your data on our website and the contact details you provide to us where we will direct enquiries about your data.

10.If your application is accepted by us, your membership means membership of and access to the PigSty Media services you select and use for those locations nominated on your membership application form(s).

 

B: OUR COMMITMENT TO YOU

We:

1.Will provide an internet service listing service for displaying your data to visitors to our website and may also offer you other relevant additional features and services to help manage your advertising and promote your membership.

2.Will use reasonable endeavours to ensure that, except where we are manually updating your data pursuant to your instructions, updates to your data provided automatically to us will appear on our website within 12 hours of receipt or, if you make changes to your data via our website, within 15 minutes.

3.Will use reasonable endeavours to provide access for you to add, amend or remove your data on our website 24 hours a day, 7 days a week.

4.Will use reasonable endeavours to maintain the availability and performance of our website.

5.Will maintain the integrity of your data but accept no responsibility for checking the accuracy of your data and have no obligation to edit or review your data, although we reserve the right to edit, review, or remove your data if we believe it is inaccurate, inappropriate or contravenes these conditions or any applicable law or other regulation.

6.Will use reasonable endeavours to ensure that your data is not altered in such a way as to misrepresent any of the information contained in it.

7.Will notify you of changes to the specification and/or format in which you must provide your data at least 1 month in advance, except where changes are essential to the proper operation of our website, in which case we will notify you as soon as reasonably practicable.

8.Will forward all potential customer enquiries, generated from our website, to the contact details we have for your locations as soon as reasonably practical. In the event of our failure to do so, we will notify you within 5 working days of becoming aware of such failure.

9.Will comply with the Data Protection Act 1988 and the Data Protection (Amendment) Act 2003 to the extent that it affects our business and with any guidance applicable to our business issued from time to time by the Data Protection Commissioner.

10.Will use reasonable endeavours to market our website to prospective employers located in Ireland.

11.Warrant that no third party will be granted access to:
1.your data without your consent, other than that which is or was made available via our website or third party websites in accordance with Condition C10;
2.User Data where it can be directly associated with you or your locations.

12.Grant you the non-exclusive right to use our logo, name and our website address in any advertising, promotional material and displays in accordance with any instructions that we may issue from time to time and/or display upon our website and in a manner that does not bring us into disrepute or misrepresent your relationship with us.

13.Will, at our sole discretion, provide you with a profile page or pages on our website, the entire content of this shall be subject to our approval.

C: YOUR COMMITMENT TO US

You:

1.Warrant that you or your company are providing cleaning services as specified in your advert.

2.Warrant that you are not dealing as a consumer for the purposes of the Sale of Goods and Supply of Services Act 1980 and the European Communities (Unfair Terms in consumer contracts) Regulations 1995.

3.Warrant that your data will only include information on you and your services offered that are appropriate to your membership and that you will not use the listings to advertise or promote anything other than cleaning services.

4.You will update your advert immediately should you decide to cease trading. 5.Will deliver your data to us in accordance with any specifications and/or in the format that we advise you of from time to time.

6.Will provide us with a valid working email address for each of your locations and will immediately advise us of any changes or technical problems that would prevent your locations receiving emails from us.

7.Warrant that you will comply with all reasonable instructions and preferences expressed by our users and will comply fully with your obligations under the Data Protection Act 1988 with respect to all personal data we send or make available to you.

8.Will act in accordance with the best practice of a supplier with experience and expertise in carrying on business in the same or similar area of business as yours business, within Ireland and if you operate outside Ireland, within that jurisdiction as well.

9.Warrant that when reproduced or published by us, your data will not; breach any contract; infringe any copyright, trade mark, intellectual property or any other personal or proprietary right of any person, firm or corporate entity; render us liable to any claim whatsoever; and that you will indemnify us against any resulting third party claim should your data not meet these conditions.

10.Will use all reasonable endeavours to assist us in identifying and remedying any unauthorised copying and storage of your data. 11.Will use reasonable endeavours to update your data to ensure that it is and remains correct including but not limited to any alterations to prices and availability.

12.Acknowledge that we may enter into agreements with third parties whereby your data can be accessed on websites not belonging to us. You may choose not to have your data displayed on such websites by sending us written notice of your request.

13.Will seek our written approval of any advertising materials (except those referred to in condition B12) that you intend to use in your business containing data sourced from us or referencing your relationship with us.

14.You warrant that you will not without our written permission sell on the services and features of your membership or provide access to the services and features of your membership to third parties.

D: GENERAL

1.Your membership is subject to these conditions to the exclusion of all other terms and conditions express or implied and any variation to the conditions of your membership (other than as described in D2) shall have no effect unless expressly agreed in writing and signed by an authorised senior representative of PigSty Media.

2.The current version of our conditions of membership (as posted on our website) will apply at all times to your membership and will supersede all previously published conditions of membership.

3.Where you purchase additional products or services from us, any associated conditions shall form part of your terms and conditions of membership.

4.You acknowledge that you have not relied upon any statement or representation made by us when applying for membership of the PigSty.ie services unless expressly set out in these conditions or subject to D1.

5.If any provision contained in these conditions is for any reason held to be invalid or unenforceable in any respect that invalidity or unenforceability will not affect any other provision of these conditions and these conditions will be construed as if that invalid or unenforceable provision had not been contained herein.

6.No application for membership of our services placed by you will be deemed to be accepted by us until we confirm your membership. We are not obliged to accept any application for membership by you nor give you reasons for declining your membership.

7.No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party and no waiver of any such rights or of any breach of any condition will be deemed to be a waiver of any other right or of any later breach.

E: CANCELLATION & TERMINATION

1.Your membership will continue for the term and, subject to these conditions, shall continue thereafter unless or until terminated by either you or us giving at least one month's prior written notice to the other. We may waive notice periods at our discretion.

2.Upon termination of your membership for any reason, you will pay all sums due to us at the date of such termination. We will not make any refunds in part or full for products or services you have paid for prior to termination.

3.We may immediately terminate your membership on notice to you if you cease or threaten to cease to carry on business or you become insolvent.

4.We may immediately terminate or suspend your membership on notice to you if you breach any term, condition or warranty in these conditions.

5.If at any time we have reason to doubt your ability to comply with any term, condition or warranty in these conditions, we will give you notice and reserve the right to; refuse your application for membership; immediately suspend or terminate your membership; audit your processes and practices and charge you for our costs and time in doing so.

F: LIABILITY & INDEMNITY

1.You shall indemnify PigSty Media against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising out of or in connection with any breach of the Agreement by the Agent, any third party complaints or claims brought against PigSty Media in respect of any advertisement, the subject matter thereof or any other materials supplied by you in connection with any service, and for any claim that the use by PigSty Media of any copy, artwork, photograph or other materials used by PigSty Media infringes any third party intellectual property rights.

2.Conditions F3 - 6 set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of any liability of ours arising as a result of or in connection with your membership;

3.All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these conditions;

4.Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence or for our fraudulent misrepresentation.

5.Subject to Condition F2, we will not be liable to you for:
1.any indirect, consequential, special or punitive loss, damage, costs and expenses;
2.loss of profit;
3.loss of business;
4.loss of reputation;
5.depletion of goodwill; or
6.loss of, damage to or corruption of data.

6.Subject to Condition F2, our total liability to you under or connected with your membership shall not exceed a sum equal to 125% of the fees attributable to the 3 month period of your membership prior to the claim arising.

7.A person, firm or corporate entity who is not a party to the agreement for membership between you and PigSty Media has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

8.We will not be held liable if events outside our control prevent us fulfilling our obligations to you.

9.These Conditions and your completed membership form when accepted by us contain the whole agreement between you and us relating to your membership and supersedes all prior agreements, arrangements and understandings between you and us relating to your membership.

10.We retain the right at any time during the course of your membership to vary these Conditions and we will give you one month's prior notice in writing of any such variation. You may subsequently terminate your membership by giving one month's notice in writing to us if the changes to the Terms and Conditions materially and adversely affect you and your business.

11.We reserve the right to employ user data in our marketing activities or to make it available to selected third parties subject to the Data Protection Act, the privacy policy on our website and Condition B11.b.

12.These conditions shall be governed by and construed in accordance with the laws of Ireland and any disputes arising in respect of your membership will be submitted to the exclusive jurisdiction of the Irish Courts. Judgement may be enforced in any court of competent jurisdiction and you and PigSty Media waive any right to object to the exclusive jurisdiction of the courts of Ireland

13.If you are advertising multiple services similar in price or type, we reserve the right to group them into one advertisement.

G: PAYMENT TERMS

1.If your membership is accepted, for the duration of the term and thereafter you will pay our membership charges for the PigSty Media services you select and use. Our charges may be varied from time to time subject to us providing one month's prior notice to you of the date the change will take effect. Further, without prejudice to any of our other rights in these conditions, where your data does not comply with condition C3, you will also pay us for the equivalent PigSty Media services you are using at our then prevailing prices.

2.You can make payments to us by credit card and those payments will be made in accordance with conditions G3 to 4 (as applicable).

3.Advertisers must pay for the services at the time of placing the advertisement

4.You acknowledge and agree that once the advertisement is displayed on the website, there will be no refunds or pro-rations of fees even if you elect to discontinue display of the advertisement prior to the expiration of the display term.

All prices quoted by us are inclusive of VAT unless stated otherwise. Please retain a copy of these Conditions for Your own records

Issue Date: November 2010