23January

Schools Websites Terms & Conditions

The following terms and conditions apply to all website system products offered by Lurtel Ltd.

By ordering products and services from Lurtel Ltd. you are agreeing to the following terms and conditions.

Definitions:
The Client / user: The company, body, organisation or individual purchasing products or services from Lurtel Ltd. T/A Schools Websites and also T/A Lurtel Online.

Lurtel Ltd.: T/A Schools Websites also T/A Lurtel Online, Provider of website systems, on-line software products and services, it’s employees or affiliates.

 

By using Lurtel Ltd.’s CMS Website system (“the Software”), you agree to the following terms and conditions, whether you are a trial user of the Software or a paying client of the Software. You are only authorized to use the Software if you agree to the terms and conditions. Lurtel Ltd. may modify the terms and conditions from time to time. Your continued use of the Software after this document has been amended signifies your acceptance of the revised Terms and Conditions. The Terms and Conditions, as set out below, are available at all times through our website, or on request from our Head Office.

 

Orders. Lurtel Ltd. will carry out work only where an order has been placed, and an agreed payment has been secured from the Client.

An order is deemed to be a verbal or written instruction from the Client to Lurtel Ltd. to proceed with an agreed product for an agreed price, under the agreed payment terms.

Any work that falls outside of the order that has been placed will incur extra cost.

Payment. Orders placed with Lurtel Ltd. for products and services must be paid for at the time of order. Work will not commence until payment is received.

In exceptional circumstances a small retention may be agreed between Lurtel Ltd. and the Client. This retention payment becomes due when the Clients’ product is fully operational.

Lurtel Ltd. require immediate payment on all invoices unless otherwise agreed by Lurtel Ltd and the client.

Lurtel Ltd. do not offer credit terms unless otherwise agreed by Lurtel Ltd and the client.

Once the Clients’ product is fully operational, Lurtel Ltd. require immediate payment on any outstanding balance on the order unless otherwise agreed by Lurtel Ltd and the client.

If payment is not forthcoming from the Client for any product or service provided, Lurtel Ltd. reserve the right to withdraw the product and service until full payment has been received. If a Client wishes to cancel an order, the Client will be liable for costs incurred up to that point and will be invoiced accordingly.

 

Content. Lurtel Ltd. requires Clients to submit all content and instructions before starting work on the Clients’ product. All content must be submitted to Lurtel Ltd. via the online Content Compiler in one single submission. This information will include the design, look and feel elements, content (text and images) and any other required information. Requests from the Client to change design choices after submission via the on-line Content Compiler will incur extra cost. The Client will have the option of submitting 1 set of minor amendments within 2 weeks of their website system being built. Any content submitted by any other means, or subsequent submissions will incur an extra administration cost. This cost will be calculated on an individual basis for each client and is based on the amount of time required to add the content required. Content submitted via the Content Compiler is an instruction for Lurtel Ltd. to build the Clients’ website system as per their submitted design choices, instructions and content. An instruction to build the Clients’ website by any other means, verbal or otherwise, is also deemed to be an instruction for Lurtel Ltd. to build the Clients’ website with the design choices, instructions and content provided at that point in time.

Any amendment requests received after receipt of the instruction to build the Clients’ website will incur extra cost. This cost will be calculated on an individual basis for each client and is based on the amount of time required to complete the amendments required.

Where little or no content has been entered into the content compiler within 6 months from issue dates of access credentials, Lurtel Ltd reserves the right to remove the clients access to the online content compiler. Any monies paid to Lurtel Ltd up to this point are retained by Lurtel Ltd to cover administration costs incurred. It is at the discretion of Lurtel Ltd to refund any monies paid to the client once costs incurred by Lurtel Ltd up to that point have been accounted for.

If during the Content Compiler process, the Client does not supply the content required in order to complete the website within 6 months, Lurtel Ltd. will invoice the client for any additional time spent on the content gathering process that is not covered by the deposit received up to this point.

 

Build. All website systems are built on a live platform so as to register the website system with search engines, and rate them with any web filtering interfaces used by the Clients’ internet service provider as quickly as possible. Lurtel Ltd. must be notified of any web filtering services for which their website requires rating.

Lurtel Ltd. are not responsible for a Clients’ inability to view completed websites due to web filtering by your service provider that may block their website. If a Client wants their website system hidden from public view during the build process they must notify Lurtel Ltd. of their requirement.

Amendments. Any amendment requests received, once the website has been built, where the amendments or changes are contradictions to the original instruction, will incur extra cost. Where these amendments are minor changes, are submitted within two weeks of the website going live and are not deemed to be repeat amendments, (ie multiple changes to a particular area of the site), they will generally not incur extra cost. Where these amendments are major changes, are submitted after two weeks of the website going live and are deemed to be repeat amendments, (ie multiple changes to a particular area of the site), they will incur extra cost. Lurtel Ltd. reserves the right to define what constitutes a minor change and what constitutes a major change. Any requests to completely amend the look and feel of your website once it has been built will incur extra cost. Any requests to amend the look and feel of the website at any stage after the ‘website complete’ email message has been sent to the client, will be assessed and a quote issued where possible prior to any work taking place. This will allow the client the opportunity to decide whether or not to progress with the changes based on the cost. If required, amendment lead-time can be quoted from date of receipt of all amendments via the on-line Content Compiler or via email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Lead-Time. Website system production times can vary however Lurtel Ltd will, where possible, endeavour to meet the date given on the auto generated email on submission of the on-line Content Compiler. Clients can request a Website system completion date once content has been submitted via the Content Compiler however Lurtel Ltd cannot be held responsible if this date is not met. Lurtel Ltd. cannot commit to a Website system completion date prior to receipt of all content via the Content Compiler.

 

Domain Names / Hosting. Lurtel Ltd. will register domain names on the Clients’ behalf, and setup website system hosting (and email hosting where relevant). Domain names are purchased on receipt of payment and receipt of the completed relevant documentation justifying the Clients’ claim to the required domain name and authorising Lurtel Ltd. to purchase domain names on the Clients’ behalf. Domain names are purchased based on the domain requested in the relevant documentation submitted. Requests to change a domain name after Lurtel Ltd. have purchased a domain name will incur and extra domain name fee. Domain names registered by Lurtel Ltd. remain the property of the Client. Lurtel Ltd cannot be held responsible for misspelt or inaccurate domains as submitted by the client. The cost of re-purchasing of a domain name that has been misspelt or submitted inaccurately will be passed on to the client.

For Clients who already own a domain name and wish to transfer it over to Lurtel Ltd., Lurtel Ltd. will endeavour to inform the Client of the implications based on the information supplied by the Client about the current domain and email account status. Lurtel Ltd. is not responsible for any loss of any legacy information as a result of a domain transfer, including email accounts.

 

Renewal of Hosting & Domain Names. The annual re-registration fee is due 12 months from the date on which your domain/account/service is set up. Clients’ domain/account/setups are processed on receipt of initial payment. Lurtel Ltd. is not responsible for delays in the Clients’ website system completion due to delays in the Clients’ content submission. Clients will be given up to 1 months notice when annual re-registration fees are due. Re-registration fees must be paid well before the re-registration date. If the renewal payment is not received by the renewal date your service will be suspended on the renewal date.

Re-instating lapsed domains are subject to an extra administration fee by the hosting company which we then pass directly on to the client. Lurtel Ltd reserves the right to add any additional time costs incurred by us as a result of chasing the renewal fee. Lurtel Ltd. cannot guarantee the re-instating of lapsed domains / accounts as your domain will, in time, become available for others to register. Lurtel Ltd cannot guarantee that the same domain will be available for purchase after it expires. Costs associated with lapsed domains may vary depending on the type of domain originally purchased, (eg .ie or a .com)

For domain names that were transferred over to Lurtel Ltd. to manage, the annual re-registration fee is due 1 month before the transferred domains’ renewal date, and annually thereafter. Lurtel Ltd. reserves the right to remove any website / domain name/ or hosting account from our server for non payment and also reserves the right to remove content without notice.

Search Engine Inclusion. Lurtel Ltd. will apply basic search engine optimisation to all website systems, and will submit a Client's website to Google as part of the website system build. Lurtel Ltd. cannot guarantee top rankings in search engine results, but can provide advice on how to increase a websites rankings in search engines. The Client may need to acquire the services of an independent specialist search engine optimisation company to achieve better search engine rankings.

Website Maintenance. Lurtel Ltd. does not undertake to maintain or update a Client's website.

Standard Support. Lurtel Ltd. will provide support for the content management system attached to each website in the form of a comprehensive user manual. The ‘website complete’ email issued to all new clients contains a link to the latest updated version of our user manual. This manual contains all information necessary to maintain & update a clients CMS website. We also provide access to our on-line video tutorials which are available on the Lurtel Ltd. website These are only available to clients via a user name and password issued via email.Clients can also send queries to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Additional support packages. Additional telephone support or on-line demo packages are available for purchase, (other than the basic user manual, video tutorials and email support). Each client’s need will be assessed and a verbal or written quote issued, where possible, prior to any work taking place. This will allow the client the opportunity to decide whether or not to progress with the additional support & training based on the cost. If the client wishes to progress with the additional support & training an invoice will be issued for the agreed amount and the additional support & training will only commence on receipt of payment (or at the discretion of Lurtel Ltd).

Additional support & training, (other than the user manual, video tutorials and email support), is generally covered by either a once off on-line demonstration or an annual telephone support package for the client. This can take place on either a one to one basis or to a group and based on the clients needs. It is the responsibility of the client to re-purchase their preferred support package from Lurtel Ltd if they wish to avail of ongoing support.

Any requests for further support & training by the client, (other than the user manual, video tutorials, email support, on-line demo’s and telephone support), and involving a visit to the clients premises, will be assessed and a verbal or written quote issued, where possible, prior to any work taking place. It is at the discretion of Lurtel Ltd whether or not to offer this level of support to a client or to decline this request to further train & support a client based on our availability of resources at the time. If the client wishes to progress with the further support & training, an invoice will be issued for the agreed amount and the further support & training will only commence on receipt of payment (or at the discretion of Lurtel Ltd).

Further support & training, (other than the user manual, video tutorials, email support, on-line demo’s and telephone support), generally consists of a visit to the client’s premises and can take place on either a one to one basis or to a group and based on the client’s needs. Alternatively, Lurtel Ltd can accommodate the training of up to 4 people at our Head Office in Galway but a price must be agreed with us in advance and is subject to the availability of personnel.

As part of the support, Lurtel Ltd. may advise Clients to use third party software tools outside of the software systems provided to help them meet their requirements. Lurtel Ltd. are not responsible for these third party software tools and do not provide support for any software tools used outside of the software systems provided.

 

Copyright. All material supplied by the Client and used in the construction of the Client's website system, will remain the Client's property. All such material will be assumed to be the property of the Client and free to use without fear of breach of copyright laws. The copyright for purchased images, and general content will remain the property of Lurtel Ltd. until payment has been secured in full whereupon they will become the property of the Client. The copyright for all material produced by Lurtel Ltd. such as HTML code and development work, software and templates remain the property of Lurtel Ltd. The copyright for all material produced by Lurtel Ltd. such as bespoke graphical work will remain the property of Lurtel Ltd.

 

Security. Lurtel Ltd. provide secure access username and passwords to the Client via the contact email addresses provided to them. The Client is responsible for managing access to their website site system.

Lurtel Ltd. can change and issue new passwords to the Client.

If you require your log in credentials to be changed in order to maintain a sufficient level of security, Lurtel Ltd. can do this for you on request however you may be charged. Lurtel Ltd. will not be liable for any breeches of security resulting from any system that is inadequately password protected, or any client who is careless with their log in credentials.

Termination. Domain renewal generally takes place on an annual basis and paid for in advance of your domain renewal date. You may terminate your domain renewal with us at anytime however, the domain renewal is non re-fundable if you terminate your subscription before the end of the agreed period / domain renewal date. Multi-year domain renewals are available on request (up to 5 years), and paid in advance. Domain renewals are non re-fundable if you terminate your domain renewal before the end of the agreed period. You may transfer your domain renewal from us to another provider at anytime, however, the client is not subject to a rebate if you request to terminate the hosting before the end of the agreed period / domain renewal date. . Lurtel Ltd. reserves the right to remove any website / domain name/ or hosting account from our server without notice for non payment of hosting / domain renewal or for what Lurtel Ltd determines to be offensive or illegal material on any of its clients sites either as a result from a complaint from a third party or from its own observations. A written explanation of the reason will be provided to the client on request.

The client has a right to terminate the process at any stage. This termination must be submitted in writing. Any monies paid to Lurtel Ltd up to this point will not be refunded. It is at the discretion of Lurtel Ltd to decide if any outstanding balance owed at this point is requested for payment. This will be decided based on the total amount  of work carried out on the site up to this point and will be reviewed on a case by case basis. Lurtel Ltd reserves the right to request all monies owed if deemed necessary. Payment is then required within 30 days.

 

In the event that the client ceases to operate there are a number of options available as follows:

  1. Lurtel Ltd. will remove all content recorded to date within our system. (Lurtel Ltd can then set up a temporary secure storage location where the client can retrieve the information, (eg drop box), within an agreed time frame.)
  2. The client / administrator can continue to pay the annual recurring fee and Lurtel Ltd will continue to display the content indefinitely.
  3. Lurtel Ltd can transfer all website content on to a disk and pass on to the client.
  4. The client can log into the website and remove all content themselves.

Any costs associated with any of the options listed above (or any alternative suggested by the client) is borne by the client unless otherwise agreed. A similar arrangement can be entered into in the unlikely event that Lurtel Ltd ceases to operate at any time.

 

Intellectual Property Rights (IPR). Lurtel Ltd. retains all rights to all of the CMS Software including all source code; compiled applications and all related documentation. The Client retains all rights to the inputted content that is contained within the CMS system .

Backups. Clients are advised to retain copies of all original documentation, emails and images associated with their CMS website system. Lurtel Ltd. cannot be held responsible for the loss of any documents or images entered onto the website by the Client. Due to the restraints associated with email systems Lurtel Ltd do not make back ups of a clients emails. It is the Clients responsibility to determine if a hard copy of any documents uploaded to the website should be retained on file as per their legal requirements. A backup of the clients website takes place on a daily or weekly basis (depending on the server assigned to the client at the time of purchase). However, it should be noted that Lurtel Ltd. cannot be held responsible for any documents, text, emails or images not backed up during this process. . It is at Lurtel Ltd’s discretion whether to charge a client for restoring a backup of their website. Lurtel Ltd. is not responsible for sanitising a client’s restored backup once a backup has been performed. Any sanitisation of data after a backup can be charged as extra if requested to do so by a client.

 

Size Limit. Lurtel Ltd. reserves the right to set a limit to the total amount of content, (including images and emails) entered on to the system we have provided, (fair usage policy applies - the current limit is approximately 100 mega bytes for an average sized site however,  the number of pages purchased will be taken into consideration).  Lurtel Ltd will inform clients where possible, prior to reaching their limit and endeavour to assist the client in highlighting the areas within their site that are consuming the most space. If the client does not make any effort to reduce their content within the agreed time frame Lurtel Ltd reserves the right to remove the clients content on their behalf. Preference will be given to newer content & images in this situation.
Emails older than 12 months are cleared from the system periodically. It is advised that important emails and attachments are saved locally if you wish to access these at any stage in the future. The email server should not be used as a storage facility.

 

Bespoke work. Lurtel Ltd. reserves the right to charge the client for work that is deemed to be over and above our standard offering. (examples of this are content or calendar translations, additional slide shows, power point presentations, changing page or template styles, changing page titles or moving pages, hit counters, restoring a back up due to a user issue, etc).

Confidentiality. Lurtel Ltd. undertakes to maintain strictest confidentiality with all content entered by the client. The Client, by using the CMS website system, has agreed to keep all source code, documentation and functionality of the system in strictest confidence. Under no circumstance will the Client discuss the functionality of the system nor will the Client divulge access credentials to any third-party without the written permission of Lurtel Ltd.

 

Disclaimers. Lurtel Ltd. is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on the CMS website system, whether caused by Users of the CMS website system or by any of the equipment or programming associated with or utilized in the CMS website system and such User Content does not necessarily reflect the opinions or policies of Lurtel Ltd.. Lurtel Ltd. is not responsible for the conduct, whether online or offline, of any User of the CMS website system. Lurtel Ltd. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Lurtel Ltd. is not responsible for any problems or technical malfunction of any network, lines, computer online systems, servers, providers, computer equipment, software (including internet browsers), failure of any email or players due to technical problems or traffic congestion on the Internet or on Lurtel Ltd. or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation in connection with the CMS website system. Under no circumstances shall Lurtel Ltd. be responsible for any loss or damage, including personal injury or death, resulting from use of CMS website system, from any User Content posted, or from the conduct of any Users, whether online or offline. The CMS website system is provided "AS-IS".

Limitation on Liability. In no event shall Lurtel Ltd. be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the CMS website system, even if Lurtel Ltd. has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Lurtel Ltd.’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, by you to Lurtel Ltd. for our services during the term of ownership. Services fees are those fees of using our CMS website system and its functionalities.

Disputes Settlement. The agreement shall be governed by the laws of Ireland, without regard to its conflict of law provisions. You and Lurtel Ltd. agree to submit to the exclusive jurisdiction of the courts in republic of Ireland to resolve any dispute arising out of the agreement. Each party hereby waives any right to a trial by jury in respect of any litigation arising out of, under or in connection with this agreement. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or not, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each party acknowledges that this section is a material inducement for the other party entering into this agreement.

Indemnity. You agree to indemnify and hold Lurtel Ltd. harmless from any loss, liability, claim, or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the CMS website system in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement or if any Content that you post on the CMS website system causes Lurtel Ltd. to be liable to another party.

Force Majeure. Lurtel Ltd. is not and shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Lurtel Ltd.’s control, including but not limited to: (a) natural disasters, such as fire, flood, earthquakes, hurricanes, tropical storms; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) strikes, or shortages in transportation, facilities, fuel, energy, labour or materials; (d) failure of the telecommunications or information services infrastructure; (e) hacking, spam, or any failure of a computer, server or software; (f) fiber cuts; and (g) public health events, such as H1N1 flu.

Notice. Any notice required to be given under the terms and conditions will be provided by e-mail to the e-mail address that users provided during registration. Notices by users to Lurtel Ltd. shall be given by e-mail. Any correctly addressed notice to you that is refused, unclaimed, or undeliverable, because of an act or omission of you shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the e-mail server.

Headings. The headings to the sections of the terms and conditions are used for convenience only and shall have no substantive meaning or impact on the interpretation of the terms and conditions.

Miscellaneous. These terms and conditions are accepted upon your use of the CMS website system. This Agreement constitutes the entire agreement between you and Lurtel Ltd.. The failure of Lurtel Ltd. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Lurtel Ltd

Unit 6, Mulvoy Commercial Park

Sean Mulvoy Road

Galway

www.lurtel.ie

email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it