AGREEMENT AND SCHEDULE OF CONDITIONS
Memorandum of Agreements made between
Design by Cactus (“Design by Cactus”); and
The Party described in the First Schedule hereto (“the Subscriber”) of the Other Part
IT IS HEREBY AGREED that the Subscriber shall purchase and Design by Cactus shall supply the services more particularly described in the Second Schedule hereto (hereinafter called “the Services”) for the price and on the payment terms referred to in the Third Schedule hereto and subject to the covenants and conditions contained in the Fourth Schedule hereto.
NAME AND ADDRESS OF SUBSCRIBER
The name and address of the Subscriber will be listed in the proposal document issued by Design by Cactus. The parties listed therein will be deemed to have accepted being bound by these terms and conditions per the statement contained within the proposal document referring all Subscribers to this section of our website.
The Services of Design by Cactus will be contained within the proposal document issued to each Subscriber. Design by Cactus will provide those services in a timely manner and at the agreed costs. Design by Cactus will provide only the services agreed within the pricing structure contained within the proposal. All other services will be charged based on agreed rates in advance.
PRICE AND PAYMENT TERMS
This figure and terms shall be expressly outlined in the proposal document and each Subscriber must agree to be bound to those prices. The needs of each Subscriber will be different but in all cases, our services are liable for VAT at 23%.
TERMS AND CONDITIONS OF THIS AGREEMENT
1. All terms and conditions of the agreement between the Subscriber and Design by Cactus are contained in this document. No representations or warranties are made or given by Design by Cactus save as appear herein.
2. Design by Cactus will use its best endeavours to supply the Services within the quoted delivery dates, however Design by Cactus is not bound by such dates unless same is agreed in writing between the Parties hereto.
3. Upon the signing hereof by the Subscriber and Design by Cactus a binding contract will exist and such contract shall not be subject to cancellation by the Subscriber without the agreement of Design by Cactus.
4. (a) If any dispute shall arise between the parties hereto with regard to this agreement or the subject matter thereof (save and except a claim for nonpayment of the contract price herein or any part thereof where prior to the issue of proceedings by Design by Cactus, the Subscriber has failed to notify Design by Cactus in writing of any dispute with regard to this agreement or the subject matter thereof) then such dispute or difference or question shall in the first instance be referred by the disputants to a mediator who shall in the absence of agreement be appointed on the sole application of any of the disputants to the President of the Law Society of Ireland. The disputants shall equally bear the costs of such mediation.
(b) In the event that the mediation hereinbefore referred to shall fail to resolve the dispute, difference or question then same shall be referred to a single arbitrator to be agreed upon by the parties to such dispute, difference or question or in default of agreement to be nominated by the President for the time being of the Law Society of Ireland in accordance with the provisions of the Arbitrations Act, 2010 or any statutory modification or re-enactment thereof for the time being in force. The award of such Arbitrator shall be final and binding on all parties. The Arbitrator shall have power to determine all matters in dispute if which he shall have been notified. Upon every or any such reference the costs of and incidental to the reference and award shall be in the discretion of the Arbitrator who may determine the amount thereof or direct the same to be taxed as between Solicitor and Client or as between party and party and shall direct by whom, to whom and in what manner the same shall be borne and paid. The submission shall be deemed to be a submission to arbitrate within the meaning of the Arbitration Act 2010 and both the submission and any award to be made hereunder may be made a rule or order to the High Court. Any Arbitration held in pursuance of this proviso shall be heard and determined at such venue as the Arbitrator may direct within the County Borough of Dublin.
5. This agreement is hereby deemed to have been entered into at Design by Cactus following a comprehensive engagement meeting with the subscriber.
6. In this agreement the singular includes the plural and where two or more persons together constitute a party hereto these arrangement herein by them contained shall be deemed to be joint and several by such persons. In this agreement the masculine includes the feminine and neuter genders.
7. Nothing in this Contract shall be construed or deemed to affect the statutory rights of the Subscriber.
By accepting the letter of engagement and signing for the services (or accepting the services by email from a person with authority to instruct on behalf of the Subscriber) as outlined in the proposal the Subscriber acknowledges that they have read this document and the terms and conditions on the back hereof and fully understand the same and acknowledge having received a true copy directing the Subscriber to this page of the Design by Cactus website.
This is a legally binding contract. Any disputes or claims arising between the Subscriber and Design by Cactus shall be referred to arbitration in accordance with Clause 13 of the terms and conditions hereof, save for such disputes or claims as are therein excepted. Nothing in this contract shall affect the statutory rights of the Subscriber.