Conditions of Use

Terms for Consultancy Services

1. Consultancy Services Definition

1.a, These terms are referred to as the Futuramax Consultancy Services terms and shall apply to the provision of consultancy services under contracts into which they are expressly incorporated.
1.b, Once incorporated, these terms shall apply to the exclusion of all other terms and conditions including any terms which a Client may purport to apply under any confirmation of instruction or similar document. The Futuramax terms shall continue to apply to all services provided by the Consultant to the Client under any contract hereafter until expressly excluded in writing.

2. Assignment and Terms of Reference

2.a, The Consultant agrees to carry out the Assignment in accordance with the Terms of Reference.
2.b, The Client agrees to cooperate with the Consultant in the performance of the Consultant's services and to give such support, facilities and information as may be reasonably required.

3. Charges and Payments

3.a,The Client agrees to pay the charges and expenses in accordance with the provisions of the Terms of Engagement.
3.b, All sums due from the Client which are not paid on the due date (without prejudice to the rights of the Consultant under these terms) shall bear interest from day to day at a minimum rate of 8% per annum.
3.c, The Consultant may from time to time increase the hourly rates (if applicable) referred to in the Terms of Engagement by such amount as is reasonable and unless the Client objects to such increased rates within seven days of notification in writing all services shall thereafter be provided at the increased rates notified. If the Client objects to the increased rates, the Client shall remain liable for the existing contractual rate payable in accordance with the terms hereof plus such additional rate as shall be reasonable.
3.d, During any period in which payments from the Client are overdue, the obligations of the Consultant may be suspended.
3.e, Expenses incurred by the Consultant and recoverable from the Client hereunder shall be subject to an administration charge of 5% of cost plus VAT payable by the Client.

4. Confidentiality

The Consultant undertakes not at any time to divulge or allow to be divulged to any person any confidential information relating to the business or affairs of the Client other than to sub-contractors who have signed an appropriate secrecy undertaking or others where the Client has expressly or impliedly consented to the disclosure.

5. Delegation

The Consultant shall have discretion as to which of its employees are assigned to perform its services but shall consult with the Client concerning any significant changes and the involvement of third party specialists where required.

6. Intellectual Property

The Consultant undertakes not to cause or permit anything which may damage or endanger the intellectual property of the Client or the Client's title to it or assist or allow others to do so.

7. Liability and Insurance

7.a, The Consultant shall not be liable to the Client for loss or damage to the Client's property unless due to the negligence or other failure of the Consultant to perform its obligations under this agreement or the general law.
7.b, The Consultant shall have no liability to the Client for any indirect, special or consequential loss to the Client arising out of or in connection with the provision of any goods or services pursuant to this agreement (except in respect of death or personal injury resulting from negligence) and the total liability of the Consultant for any other loss of the Client arising pursuant to this agreement in respect of any one event or series of connected events shall not exceed the indemnity cover (if any) arranged pursuant to the Terms of Engagement or if no such cover has been agreed between the Client and the Consultant the charges payable by the Client in respect of the Consultant's services hereunder.

8. Termination for Breach

The following obligations are conditions of this agreement and any breach of them shall entitle the party not in breach to terminate this agreement by immediate written notice and the rights and liabilities of the parties shall then be determined in accordance with clause 9: 8.a, Failure on the part of the Client to make punctual payment of all sums due to the Consultant under the terms of this agreement.
8.b, Failure on the part of the Consultant to remedy any breach of its obligations hereunder within a reasonable time following written notice from the Client which: refers to this clause; specifies the breach with full particulars; indicates how the breach is to be remedied and specifies the Client's opinion of a reasonable time for remedy.
8.c, The levying of distress or execution against the Client or the making by it of any composition or arrangement with creditors or the presentation of a petition for the Client's liquidation or bankruptcy or administration or the appointment of a receiver over any part of the Client's assets.
8.d, The doing or permitting of any act by which the Consultant's rights in any intellectual property may be prejudiced or put in jeopardy.
8.e, Any serious or persistent breach by the Client of its obligations hereunder.

9. Termination and Consequences

In the event of this agreement being terminated whether by effluxion of time, notice, breach or otherwise and without prejudice to any other remedy available to the Consultant the Client shall immediately pay to the Consultant:
9.a, any sums due under the terms of this agreement, and
9.b, in the event of termination by reason of sub-clauses 8.a, 8.c, 8.d or 8.e, any further sums which would but for the termination of this agreement have fallen due by the end of the Consultant's engagement less a discount for any accelerated payment at the rate of 5% per annum.

10. Recruitment of the Consultant's Staff

10.a, The Client undertakes that it (including for this purpose any subsidiary or associated company) or any person connected with it will not directly or indirectly recruit as an employee or engage as an independent contractor any person employed or so engaged by the Consultant in connection with the services provided hereunder for a period of six months after such person last provided services to the Client.
10.b, In the event that the Client is in breach of the undertaking in sub-clause 10.a, the Client and the Consultant agree and the Client will pay liquidated damages of a sum equal to 33% of the annual remuneration or payment and any other benefits payable to the relevant individual by the Consultant at the rate payable during the week immediately prior to such individual ceasing to provide services to the Consultant.

11. Consultant's Outputs, Materials and Information

11.a, All intellectual property rights including copyright which are capable of existing in any documents, computer software or information or (without limit) other materials created or provided pursuant to this contract by the Consultant shall be and remain the Consultant's property.
11.b, The Client undertakes to keep all materials, documents and information provided to it by the Consultant confidential to itself and its employees and not to distribute any product of the services provided hereunder to any third party without the Consultant's prior written consent.
11.c, Any materials produced or supplied to the Client by the Consultant in which intellectual property rights are capable of subsisting shall be licensed to the Client for internal use only in connection with the purposes of the terms of reference and such licence shall forthwith terminate if notice is given by the Consultant terminating this contract pursuant to clause 8.
11.d, The Client and the Consultant undertake with each other not during the course of this contract to infringe the intellectual property rights of any third party.

12. Consultant's References to Client

Subject to clause 4 (Confidentiality) the Consultant shall be entitled to refer to its provision of services to the Client for any purpose in connection with the Consultant's business provided that prior to any published reference to the Client the Consultant shall give the Client an opportunity to object to such reference and in the event of objection upon reasonable grounds shall not refer to the Client as proposed.

13. Force Majeure

Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of this agreement impossible, whereupon all money accrued due under this agreement shall be paid.

14. Miscellaneous

14.a, Warranty: Each of the parties warrants its power to enter into this agreement and has obtained all necessary approvals to do so.
14.b, Whole Agreement: Each party acknowledges that this agreement (as varied) and the conditions contain the whole agreement between the parties and that it is not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.
14.c, Change of Address: Each of the parties shall give notice to the other of the change or acquisition of any address or telephone, telex or similar numbers at the earliest possible opportunity but in any event within 24 hours of such change or acquisition.
14.d, Notices: Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery or registered post to the address of the relevant party shown at the head of this agreement or such other address substituted in writing under clause 14.c (and if more than one address any such address) or by facsimile transmission or by electronic mail or by telex and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile transmission or by electronic mail or by telex to the correct facsimile number or electronic mail number of the addressee.
14.e,Headings: Headings contained in this agreement are for reference purposes only and should not be incorporated into this agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
14.f, Joint and Several: All agreements on the part of either of the parties which comprise more than one person or entity shall be joint and several and the neuter singular gender throughout this agreement shall include all genders and the plural and the successor in title to the parties.
14.g, Proper Law and Jurisdiction: This agreement shall be governed by Irish law in every particular including formation and interpretation and shall be deemed to have been made in Ireland.Any proceedings arising out of or in connection with this agreement may be brought in any court of competent jurisdiction in Ireland. The submission by the parties to such jurisdiction shall not limit the right of the Consultant to commence any proceedings arising out of this agreement in any other jurisdiction it may consider appropriate. Any notice of proceedings or other notices in connection with or which would give effect to such proceedings may without prejudice to any other method of service be served upon any party in accordance with clause 14.d. In the event that the Client is resident outside Ireland, its address for service in Ireland shall be the address for such service nominated in this agreement and any time limits in any proceedings shall not be extended by virtue only of the foreign residence of the Client.
14.h, Waiver: Failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this agreement.
14.i, Status of Consultant: The Consultant shall be an independent contractor and not the employee of the Client.
14.j, The Consultant shall not be subject to directions from the Client as to the manner in which he or she shall perform his or her work.
14.k, Assignment or Sub-Contracting: The Consultant shall be entitled to sub-contract any of its rights or duties under this agreement.
14.l, Set-off: The Client shall not be entitled to withhold payment of any sum otherwise payable to the Consultant by reason of any claim, set-off or for damages in relation hereto.

15. Mediation

In the event of any dispute arising between the parties in connection with this agreement, the parties will in good faith seek to resolve that dispute through mediation. The mediator shall be agreed upon within seven days of one party requesting mediation, failing which the mediator shall be appointed by the then Professional Standards Manager of the Institute of Management Consultancy. Unless otherwise agreed, the parties shall share equally the costs of the mediation. If the dispute is not resolved within 30 days or one of the parties refuses to participate in mediation, the dispute shall be resolved by way of litigation. Nothing in this clause shall prevent either party seeking a preliminary injunction or other judicial relief at any time if in its judgment such action is necessary nor shall the Consultant be precluded from issuing proceedings or taking any other step in relation to the non-payment of monies due.

16. Definitions

"The Assignment" means the Assignment referred to in the Terms of Engagement
"The Terms of Reference" means the Terms of Reference referred to in the Terms of Engagement
"The Terms of Engagement" means the written terms of agreement between the client and the Consultant which incorporate these terms.
"Futuramax" means Futuramax Ltd, registered in Ireland, Company Registration Number 906015.

These conditions also apply:

Quotations are valid for 3 months from the date of the proposal. VAT at the standard rate (if applicable) is applicable to all fees and expenses.Work will be invoiced at the end of the project (or monthly) and payment is due within 30 days of invoice.
Cancellation charges: The following cancellation charges apply once a proposal for an assignment, including (but not limited to) training courses, hire of our facilities and consultancy projects, has been accepted by the client and a start date has been agreed.
16.a,. All direct costs already incurred by Futuramax in relation to the assignment will be re-charged in full to the client. This could include, for example, recruitment, facility hire or printing costs.
16.b,. If the assignment is cancelled or postponed up to and including 10 working days before the scheduled start date, Futuramax will charge up to 50% of the fee.
16.c,. If the assignment is cancelled or postponed less than 10 working days before the scheduled start date Futuramax will charge up to 100% of the fee.

Terms for Company Services

1. Company Services Definition

1.a, These terms apply to company formation and administrative services provided by Futuramax Ltd, registered in Ireland, Company Registration Number 906015 (Futuramax) and, where applicable, its officers, employees and authorised agents in various jurisdictions to the Client.
1.b. These services shall consist of the electronic and paper based services listed and described on the Futuramax's company services website and other services performed as business consultants by Futuramax.
1,c, Client means the orderer named on the order form, and any person (Applicant) named as a company officer.

2. Contract

2.a, An order is considered the client's offer to buy the services advertised on Futuramax's website. Futuramax may accept or refuse the order in their absolute discretion and without giving any reasons.
2.b, Futuramax's usual practice is to issue the client with a confirmation of receipt of the order, this however will not constitute an acceptance of the clients offer (and therefore no contract is made) until Futuramax have received payment in full. At this point a contract exists between Futuramax and the client.
2.c, These terms and conditions shall apply to all contracts the client makes with Futuramax.

3. Special Conditions for Company Services

3.a., Futuramax's company formation and administration services are meant as a help tool for entrepreneurs and business founders to streamline the process of forming a company and to simplify administration of such entities.
3.b, Being business consultants, Futuramax provide a document filing and preparation service only. Futuramax are not engaged in legal advice or tax consultancy.
3.c, Time frame for company formation services mentioned on Futuramax's website is an estimate. We will use our reasonable endeavours to meet the time estimates given on Futuramax's website but these remain estimates and in particular we accept no responsibility for delay caused by third parties or for reasons outside our control (such as the unavailability of the internet or for computer systems or telecommunications failure or where systems of the local registries have failed).
3.d, Orders and requests can be placed via Futuramax' s website 24 hours a day. However, these orders will only be processed during normal working hours and/or opening hours of the company registry in the jurisdiction of formation. Orders placed outside working hours, for example on public holidays, non-working hours or weekends will be processed at first available opportunity.
3.e, If a time frame is given on Futuramax's website , it starts from the point where
  • Payment in full was received by Futuramax
  • Client supplied all due diligence documents/information required
  • Company name was checked/approved
3.f, Unless the client pays an additional same day processing fee as stated on Futuramax's website, the time frame for new company formations cannot be guaranteed. Any same day processing order received outside cut-off times as stated on Futuramax's website cannot be guaranteed to occur the day, however in most cases they do.
3.g, To avoid any errors when completing one of the company services order forms on Futuramax's website the client is given the option to book a consultation with one of Futuramax's advisors for a fee of 50.00 Euros per hour or the client can visit Futuramax's office in Galway and submit the order form together with one of Futuramax's business consultants for a fee of 75.00 Euros. These fees apply for a consultation regarding the completion of an order form only.
3.h, Where the service includes the formation of a company, once the incorporation request has been submitted to the company registry it will not be possible to stop the formation process.

4. Futuramax's Obligations

4.a, Futuramax will exercise reasonable care in compiling the company services websites. Futuramax have added a number of important notes to the order forms to help the Client avoid common mistakes. The client should read all of the relevant notes carefully and complete all relevant sections of the order form.
4.b, On accepting an order from the client Futuramax will acknowledge their acceptance and confirm the details the client has supplied to Futuramax by way of e-mail. Futuramax's acceptance of instructions is deemed to have occurred at the time of sending the e-mail and not at the time of receipt by client.
4.c, Until Futuramax receive further instruction from the client Futuramax will keep, to the clients credit, any application or filing fee that is returned to Futuramax on the rejection of any application or filing.

5. Client's Obligations

5.a, Futuramax only provide services on the basis that the orderer has given Futuramax full and proper instructions and has the authority to lawfully carry out those instructions. The orderer warrants that she/he is acting on her/his own authority or has the authority of her/his client to instruct Futuramax. Where the orderer has appointed officers to the company she/he warrants that she/he has the full consent of those officers to be appointed.
5.b, By placing an order the client and all applicants named on the order form acknowledge having fully considered and understood the consequences and risks a company formation might have for them and -where required - have taken legal and/or tax advice from an authorised professional prior to placing their order. Futuramax might need to request a copy of such professional advice from the client in order to perform the services requested by the client. The client agrees to provide Futuramax -upon first request- with the required document.
5.c, Client undertakes to ensure the accuracy and completeness of the information provided to Futuramax and accepts all liability for the rejection of documents due to inaccuracies or incompleteness. Futuramax will submit the order with the original details taken from the order form.
5.d, If the client submitted an order form with the insufficient information which makes Futuramax unable to proceed with the order Futuramax will send the client a notification with a list of information which is missing and/or additional details required to proceed. In this event the client should respond to Futuramax within 3 days.
5.e, In the event of the Registry rejecting an application or submission the client will have three days to re-submit the application with appropriate corrections at no extra charge. In the case of delay, Futuramax will charge an additional 25.00 Euros for re-submitting the client's company formation request.

6. Payment

6.a, Futuramax accept orders on the basis that the person placing the order (the orderer) is liable to pay Futuramax for the services.
6.b, The prices payable for company services ordered are set out on Futuramax's website. Futuramax reserve the right to vary these prices from time to time and post such changes on their website.
6.c, The Client will not be asked to pay for Futuramax's services until she/he has entered all the required information on the ordering system. The system will also automatically calculate the any VAT and delivery charges payable by the client and in addition offer the possibility to display prices in the client's local currency.
6.d, Payment is accepted by Credit Card or Bank Transfer using the procedure set out on Futuramax's website at the time of ordering. Cheque and Direct Debit payments are only available to existing customers. Payment on account or by any other means will be by prior arrangement only and entirely at Futuramax's discretion.
6.e, In each case Futuramax will not provide any services (and no contract between Futuramax and the client exists) until receipt of payment was confirmed.
6.f, Orders received will be kept on Futuramax's ordering system for 14 days. Orders without matching payment (e.g. in case Futuramax did not receive a bank transfer from the client) will be deleted from the system after 14 days.
6.g, Where a service ordered is for a certain period of time and needs renewal before expiry, or if the need for ordering an additional service arises, Futuramax will contact the client using the client's contact details on file to notify the client accordingly. It is the client's responsibility to notify Futuramax of any change of contact details.

7. Cancellation Policy

7.a, In Europe Consumer Protection Regulations may entitle customers to cancel a contract within 7 working days of the day after the date on which the consumer has received the product. This right to cancel does not apply to products which have been personalised or made or supplied to the consumers specifications or to services once performance of those services has started.
7.b, In case of company formation services, even a cancellation of the contract by the client would not cause a company established according to client's instructions to disappear once it was registered.
7.c, In consideration of the facts pointed out in 7.a and 7.b the client acknowledges the consumer protection regulations do not apply when ordering company services from Futuramax.
7.d, Any actions relating to an unwanted company will be the sole responsibility of the client and costs incurred in dissolving, reselling or amending any details relating to such a company will be borne by the clients in their entirety.

8. Refund Policy

8.a, The client acknowledges that the decision to issue a refund will be held at the sole discretion of Futuramax and will be based on the current status of the order.
8.b, In situations where Futuramax deem that a refund is warranted, Futuramax reserve the right to deduct the costs of administration and any other incidental costs incurred. Such costs could be, but are not limited to, credit card charges on the initial purchase and refund and costs of correspondence relating to the cancellation costs. In any case, the amount of such a deduction will not be less than 10.00 Euros plus VAT.
8.c, In situations where a refund is requested for a company formation which has been submitted for incorporation on Futuramax's systems, no refunds will be given in any circumstances whatsoever.
8.d, If a formation or filing request has already been submitted to the relevant authorities and the request was successfully processed by the registry the client will not be entitled to a refund as Futuramax would be deemed to have completed the service ordered and would not be in a position to recover losses incurred as a result of carrying out the service on the clients behalf.
8.e, The use of part of a purchased service will not entitle the client to a partial refund of any unused portion.

9. Due Diligence

9.a, In certain circumstances Futuramax are required by law to collect evidence of identity from clients. If a client fails to supply any due diligence requested Futuramax will be unable to provide services to this client.
9.b, In many jurisdictions it will not be possible for Futuramax to start the incorporation process for new companies before proper client identification and due diligence documents have been received. It is the responsibility of the client and/or any named company officer on the order form to provide Futuramax with these documents at first request.
The minimum Due Diligence requirements on a person are:
  • Recent utility bill(s) (for past three months) showing names and current residential addresses
  • Passport or driving licence(s).
These can be original documents or copies certified by a solicitor, notary public or accountant.

10. Liability

10.a, The client undertakes to ensure that all information has been entered onto the system accurately and in full. The client accepts full liability for such information and acknowledges that the information will be sent to the registry without intervention or error checking from Futuramax.
10.b, Futuramax shall not be responsible for any loss of data resulting from delays, corruption of data, non-deliveries, missdeliveries or service interruptions.
10.c, Except to the extent of Futuramax's gross negligence or wilful misconduct, neither Futuramax nor any of its subsidiaries or network service providers will be responsible for any unauthorised access to the client's account details or for unauthorised access to or alteration, theft or destruction of client information as a result of a breach in security, or through accidental or divisive means.
10.d, In no event will Futuramax be liable or responsible to clients for any type of incidental, punitive, direct, indirect or consequential damages, including, but not limited to, loss of revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise.
10.e, Notwithstanding anything to the contrary in this agreement, Futuramax's maximum liability under this agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual amount paid by the client which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.

11. Indemnification

11.a, Clients agree to indemnify and hold harmless Futuramax (including, but not limited to, Futuramax's officers, agents, partners, employees and subsidiaries from any claim arising from the client or any third party as a result of using the service.
11.b, The service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.
11.c, Futuramax expressly disclaims any representation or warranty that the Service will be error-free, secure or uninterrupted.
11.d, No oral advice or written information provided or published on the Futuramax website or Futuramax's employees will create a warranty; nor may clients rely on any such information for advice.
11.e, Futuramax and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any use of the service.

12. Force Majeure

No failure or omission between Futuramax and the client to carry out or observe the terms and conditions of this agreement shall give rise to any claim against the other party if such failure or omission is the result of an event that is outside the reasonable control of that party.

14. Severance

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

15. Governing Law and Jurisdiction

The provisions set forth in this agreement shall be governed and construed by Irish law, and each party agrees to submit to the exclusive jurisdiction of Irish Courts.

Terms for Virtual Office Services

1. Virtual Office Services Definition

For the period of this Agreement Futuramax Ltd, registered in Ireland, Company Registration Number 906015 (Futuramax) will provide the Client with the following services at the chosen office location (the Premises).

2. Mail Receiving and Forwarding

2.a, Definition: Receive mail addressed to the Client and (at Futuramax's discretion) either arrange for the collection of such mail by the Client or post such mail on to the Client's address. These conditions apply:
2.b, The transmission of mail shall be made between the hours of 9:00am and 5:00pm weekdays (other than bank holidays) and shall be charged at Futuramax's then current rate.
2.c, The Client will not send or deliver or cause to be sent or delivered to the premises any noxious harmful dangerous, live perishable or bulky objects.
2.d, Futuramax will not accept, by post or by messenger, any items we consider to be unreasonable or unlawful.
2.e, For reasons of security Futuramax reserves the right to open any incoming mail, and to photocopy and keep it on confidential files prior to forwarding or collection. The Client gives approval for all mail to be opened.
2.f, In the event that Futuramax receives more than 100 items of mail per month on behalf of the Client an increased handling fee of 20% of the additional postage costs shall be payable by the Client.
2.g, In the event of any parcel or other object other than mail addressed to the Client being delivered at the Premises Futuramax will cease to bear responsibility for holding such items in the event that the client or sender fail to remove such items within one month after delivery.
2.h, Futuramax shall be entitled to destroy any mail or messages not collected or forwarded in accordance with these Terms and Conditions and to refuse to accept any quantity of items which we consider unreasonable.
2.i, The Client may not use any mailing address as its registered office without prior approval of Futuramax in writing.

3. Telephone Services and Phone Answering

3.a, Definition: Provide the Client with a company specific dedicated telephone number, either with divert, mailbox or personalised telephone answering service. Futuramax shall forward calls to the Client at the numbers nominated by the Client. These conditions apply:
3.b, The transmission of messages shall be made between the hours of 9:00am and 5:00pm weekdays (other than bank holidays) and shall be charged at Futuramax's then current rate.
3.c, Where requested by the Client Futuramax will provide a 24hours phone answering service at an additional monthly charge.
3.d, Provision of Phone and Fax numbers and call forwarding or phone answering services will be charged at Futuramax's then current rate.
3.e, The client shall pay all applicable charges in connection with provision of the services described in 3.a, such as Futuramax Call Handling and Message Charges, call forwarding costs and line rental fees incurred by Futuramax.
3.f, If the Client requires additional lines (and Futuramax consents to provide these) a further monthly fee for each additional line shall be payable.

4. Office Rental and Conference Rooms

4.a, When the Client makes use of Futuramax's offices and conference rooms the Client agrees that:
4.b, Such offices and conference rooms shall be used for general office purposes only.
4.c, The Client shall maintain the offices and conference rooms in their existing condition and shall notify Futuramax immediately of any damage caused by the Client and the Client's employees and visitors.
4.d, The Client shall be liable for all damage caused by the Client and the Client's employees and visitors.
4.e, The common areas of the Premises will only be used in such a way as to have regard to the rights and interests of other users.
4.f, No animals shall be brought into the offices and conference rooms.
4.g, The offices and conference rooms are hired on a non-exclusive basis.
4.h, For short term rentals reasonable notice must be given and pre-booking is required.

5. Payment/Refunds

5.a, For the period of this Agreement the Client will pay to the Futuramax by Direct Debit, Standing Order or continuous credit card authority the service charges specified in the clients order two months in advance plus Vat on such fees. Should the Client wish to pay by bank transfer an additional administration fee will be charged.
5.b, Fees are payable in advance. A deposit and set up fee are charged and paid with the initial payment
5.c, All charges are payable by the 7th day of the month following the date of invoice unless paying by direct debit or continuous credit card authority in which case payment will be collected on the 15th day of the calendar month.
5.d, Futuramax reserves the right to terminate the service if payment has not been received within the agreed time. A charge of EUR 100 will be levied for resumption of services.
5.e, The deposit paid Futuramax at sign up for the service shall be returned to the Client only once all outstanding amounts have been paid and cleared without any interest subject only to the deduction and allowance from the deposit of all such sums as are properly due to Futuramax.
5.f, If the cost of the monthly services provided to the Client by Futuramax from time to time exceeds 50% of the deposit the Client shall increase the said deposit up to 50% of such sum on demand.
5.g, The Client will reimburse Futuramax for all sums of money expended and charges made at the then current rate by Futuramax in respect of the provision of the services pursuant to this Agreement.
5.h, If payment is not made within the due date Futuramax shall be entitled to interest on the sum due at 8% calculated on a daily basis.
5.i, In the event of the Client failing to discharge his liability to Futuramax for the services provided within 7 days of such payment becoming due Futuramax shall be entitled to retain any correspondence addressed to the Client and telephone and fax messages intended for the Client until the Client makes the payment or to exclude the Client from further use of any services facilities and equipment until all outstanding sums are paid and -as last resort- forthwith to terminate this Agreement.
5.j, Should the client be in breach of his responsibilities as described in section 8 below, Futuramax reserve the right to cancel the services without further notice and no refund being given.
5.k, For office and conference room rental agreements the following Cancellation charges apply:
  • more than 10 working days before the booking date: 50% of the fee
  • .
  • less than 10 working days before the booking date: 100% of the fee

6. Legal Requirements

Depending on local legal requirements Futuramax may need to receive from the client at least the following minimum compliance documents:
  • A passport copy of an authorised representative of the client
  • Proof of Address for the signatory
  • Where the Client is a corporate entity, the Certificate of Incorporation
  • Postal authority form (mandatory for US addresses for example)
Failure to provide acceptable compliance documents upon Futuramax's request may result in the Office services being suspended/cancelled without refund of fees paid by the Client.

7. Futuramax's Rights and Responsibilities

7.a, Futuramax will use all reasonable endeavours to ensure accurate and expeditious handling of communications for the Client but no responsibility shall attach to Futuramax or its staff or agents for any injuries damage or loss howsoever arising or to whomsoever caused.
7.b, Futuramax shall have no liability to the Client in respect of any act omission neglect delay or default by any of the Company's staff or agents and whether in contract or in tort.
7.c, Futuramax agrees to maintain strict client confidentiality and will not reveal to any third party any information concerning the Client, its employees or its clients which may come to our attention during the course of this contract. Any information entrusted to Futuramax will be maintained in the strictest confidence without limit during the term of the contract and after the contract has been terminated. Please note however that if requested to do so, Futuramax will always make client records available to the relevant authorities should they properly so request.

8. Client's Rights and Responsibilities

8.a.The Client shall be entitled to receive the services subject to these Terms and Conditions.
8.b, The Client's obligations are to pay the stipulated fee and the costs of all other services provided on the due dates and to perform all of the obligations on the part of the Client contained in this Agreement.
8.c, The Client will fully indemnify the Futuramax against any expenses cost claims damages or penalties incurred by the Futuramax in connection with this Agreement howsoever occasioned.
8.d, The Client will not carry on any business which could be construed by the Company as illegal defamatory immoral or obscene and will not use the premises whether directly or indirectly for any such purpose.
8.e, Futuramax reserves the right to terminate the service and impose a charge of 500.00 Euros in the event of any breach of this provision.

9. Duration of the Agreement and Termination

9.a, This Agreement shall (subject to Futuramax's rights of determination in accordance with these Terms and Conditions) continue until determined by one calendar month notice by either party to the other or pursuant to clause 9.b of this Agreement
9.b, In the event of the Client being in breach of any of the conditions of this Agreement Futuramax shall be entitled to terminate this Agreement immediately by sending written notice of termination to the Client

10. Miscancellous

10.a, Any notice given by either party shall be in writing and shall be deemed sufficiently served in the case of notice to Futuramax at the Premises or such other address or shall have been notified by Futuramax for the receipt of notices and in the case of notice to the Client at the address of the Premises or such other address as shall have been notified by the Client to the Futuramax for the receipt of notices.
10.b, Any notice sent by post should be deemed received by the addressee in the normal course of posting.
10.c, Any notice sent by fax or email should be deemed received by the addressee only when receipt is confirmed by the addressee to the sender.
10.d, This Agreement is personal to the Client and is not capable of assignment.
10.e, This Agreement shall be governed by and construed in accordance with the laws of Ireland. This agreement creates no rights in any third parties to enforce its terms.

Terms for Ordering Goods

1. Definition Sale of Goods Terms

These terms apply only to goods sold by Futuramax Ltd, registered in Ireland, Company Registration Number 906015 (Futuramax) to the customer (Buyer).

2. Contract

2.a, An order is considered the client's offer to buy the goods advertised on Futuramax's website. Futuramax may accept or refuse the order in their absolute discretion and without giving any reasons.
2.b, Futuramax's usual practice is to issue the client with a confirmation of receipt of the order, this however will not constitute an acceptance of the clients offer (and therefore no contract is made) until Futuramax have received payment in full. At this point a contract exists between Futuramax and the client.

3. Prices

The goods are sold for the prices shown on Futuramax's website. Prices are subject to change without notice and do not include any VAT. VAT will be added to all orders received from Irish based customers and EU based customers who do not provide a valid VAT registration number if placing an order.

4. Delivery

The products will be delivered by Post or courier. In case of items send by post the delivery time within the Republic of Ireland is usually 1-4 working days, for items sent to Europe 2-10 working days and for worldwide deliveries up to 3 weeks. Clients wishing to speed up delivery may select Courier delivery by UPS. The Futuramax Website has a plugin where the client can calculate available courier delivery options at her/his location and delivery charges. Futuramax use their UPS account to ship such items and clients agree to be bound by UPS's terms of busines.

5. Title

All goods remain the property of Futuramax until full payment is received.

6. Warranty & Liability

6.a, The Futuramax will not be liable for any damaged goods or injuries resulting from use of any products. Futuramax do not provide warranties on any merchandise. Any warranty or promises made by the manufacturers are solely their liability.
6.b, In no event shall the Company be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of ordering products from Futuramax.

7. Cancellation Policy

If the client wishes to cancel her/his order, Futuramax will require written notice (sent by post, fax or email) within 7 working days of the date the client received Futuramax's products. It the client's repsonibility to take care of the products supplied from the time of delivery to the time of despatch via a carrier. Orders relating to customised items (e.g. business cards) cannot be cancelled once the order was placed (unless client receives faulty items, in which case Para. 9 applies).

8. Return Policy

Any returns on damaged goods and shortages, should be notified within seven days. There are no returns on customised items (e.g. business cards). For other orders, returns will be fully credited, as long as they are returned at buyers cost and risk with the original packaging and unused.

9. Refunds

Should the buyer receive faulty goods from Futuramax a full refund is available - no questions asked.