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Enhancements 

Terms and Conditions of Business

By placing an order you are agreeing to conduct business in accordance with the following terms and conditions.

1. Definitions

1.1) For the duration of these terms and conditions the following terms shall apply;
1.2) RestoreAPhoto™ shall be referred to as “The Company”
1.3) A person or business authorised to receive orders on behalf of the Company shall be referred to as “The Agent”
1.4) A person or business who places an order with the Company or the Agent shall be referred to as “The Client”

2. General

2.1) The placing of an order by a client and the subsequent acceptance of that order by the company brings into being a contract on the terms set out in the following paragraphs.
2.2) All orders shall be in writing.
2.3) The company reserves the absolute right to refuse to accept any order whatsoever and for whatever reason without explanation.

3. Price and Payment

3.1) The price payable by the client to the agent or the company shall be in accordance with the company’s price list valid at the time that the order is placed. The company reserves the right to alter its price list at any time and without notice.
3.2) Payment by the client shall be cash with order. Where the order is placed through an agent, said agent is wholly responsible for collecting payment from the client. Payment is non-refundable.
3.3) The company reserves the right to make additional charges when completion of an order is requested in less than normal delivery times.
3.4) The prices payable by the agent to the company shall be in accordance with the agents commission calculation provided separately.
3.5) Payment by the agent to the company shall be, unless stated otherwise in writing, within 7 days of receiving an official invoice from the company. Such invoices will be provided from time to time subject to the credit limit assigned to the agent. Late payment of an invoice will result in further orders being refused until such time that the late invoice is paid in full.
3.6) The company reserves the right to charge the agent interest on invoices not paid within 7 days of the due date until said invoice is paid in full. Interest shall be charged at 2% above Ulster Bank’s base rate.
3.7) All cheques paid to the company by the agent shall be made payable to TotallyIreland.info Limited or RestoreAPhoto.com. In the event of a cheque not being honoured on first presentation for whatever reason the company reserves the right to charge the agent an administration fee for each subsequent re-presentation of the cheque.

4. Liability

4.1) The company will take all reasonable care in the handling and processing of all materials belonging to the client.
4.2) Where original materials are provided to the company its’ liability and the liability of its agents for any loss or damage to said materials shall be limited to their retail price with a maximum of €50 per item.
4.3) The company and its’ agents shall not be liable for any loss or damage suffered by the client or any third party through any reasonable or unavoidable delay in completing the order howsoever caused.

5. Copyright & Warranties

5.1) It shall be the responsibility of the client to ensure that all materials presented as part of an order are free from any third party claims for breach of copyright or licence.
5.2) By placing an order with the company or its agent the client certifies and warrants, with respect to all materials provided, that: (i) no copyright exits in the material; or (ii) the client is the owner of the copyright in the material and that reproduction or alteration by the company will not infringe the rights of any existing licensee; or (iii) the client has valid authority of the copyright owner (or of an existing licensee of the copyright owner) to authorise the reproduction or alteration of the material as required by the order (iv) the material does not contain anything which is obscene, blasphemous, libelous or otherwise unlawful.
5.3) The client acknowledges that the breach of copyright in the course of trade or business is both a civil wrong and a criminal offence.
5.4) The client grants the company licence to use both their original and restored photographs for the sole purpose of promoting the company.

6. Acceptance of finished material

6.1) The client understands and accepts that the company will make their best efforts to digitally enhance or modify a scanned likeness of the client’s photograph in accordance with description or sample provided with their original written order. Furthermore the client concedes and accepts that it is not always possible to completely restore the likeness of a damaged or deteriorated photograph to its original appearance.
6.2) The client shall within 7 days of delivery (or within 3 days if the client enters into this contract in the course of its business) notify the company of any alleged defect, shortfall, damage, or failure to comply with description or sample and return the completed materials with all associated paperwork and packaging to the company within 7 days (or within 3 days if the client enters into this contract in the course of its business) of the said notification. If the client shall fail so to notify the company without reasonable explanation said client shall be deemed to have accepted the materials and they will be presumed to be without any defect or damage which may be apparent on reasonable examination.
6.3) Where it is both possible and practical, the company will at its sole discretion and as a gesture of good faith make efforts to remedy issues arising from the proceeding paragraph; such efforts do not constitute an acceptance of liability. The company reserves the absolute right to refuse such remedy if it is believed that the client holds unreasonable expectations regarding finished materials.


7. Law Governing Terms

7.1) These terms shall be subject solely to the laws of the Republic of Ireland which shall exclusively govern their interpretation, application and effect.