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Terms & Conditions of Contract

Terms & Conditions of Contract

The Synergy Group

Originally posted 2002

Updated 19/07/12

  1. General
    All work carried out by The Synergy Group and its subsidiaries (hereinafter referred to as The Company) for a client (the Client) will be subject to these terms & conditions, unless expressly agreed to in writing between the Company & the Client.  The placing of an assignment or order signifies having read, understood  & agreed to comply with these terms.
  2. Definitions
    The following terms will have the following meanings:
    Agreement:  The agreement between the parties for the provision of services
    Investment and/or fees:  The sum due to the Company in payment for the provision of services under the agreement
    Services:  The services agreed to be provided to the Client by the Company or any of its Associates
    Term:  The period of the agreement during which the Company shall provide the services
  3. Fees
    The Company will invoice the Client at the address specified by the Client for its services.  Investment for the services shall be as specified in the proposal.
    All fees payable for the services, unless otherwise stated are exclusive of VAT, duties, taxes and pocket expenses, which are themselves payable in addition to any work.
    Payment by the Client of the invoice for each phase shall be made to the Company or its designated agent to arrive no later than the number of days from the date the invoice is sent to the Client as specified in the proposal.
    In the event that the Client fails to make payment of any invoice within the period stipulated, the Company reserves the right, without prejudice, to any other rights it may have, to interrupt the carrying out of services until such time as the Client has met all its outstanding liabilities to the Company.
    All monthly subscriptions will be by Bankers Standing Order one month in advance and on the date agreed.
    To qualify for services, the Client must be current with their fees paid.
    All Clients agree to accept responsibility for any bank charges incurred by the Company on their behalf as a result of problems experienced with any late payments. 
    In the event of late payment, interest will be charged at the rate of 1.5% per month or part thereof, or the Central Bank of Ireland overdraft rate + 10 percentage points, whichever is greater, compounded.  The Company also reserves the right to enforce further collection techniques as necessary and the client will be liable for these extra costs in full.
    1. Cancellation
      The Client or Company may, by notice in writing, cancel the agreement at any time before the end of the term & the Client shall thereupon be liable to pay the Company the full amount of any outstanding monies due plus an administration fee of 25% of the total fee payable.
      If fees are annualised, i.e. fees spread over a period of, e.g. 12 months, payments cannot be cancelled until the end of the period.  If they are cancelled, then the balance of the fees are payable immediately + 25% as above.
    2. Confidentiality
      Providing all fees are current, the Company shall not at any time during or after the term, divulge to any person, firm or corporation any confidential information relating to the business or affairs of the Client without prior consent, or that allowed for in law.
    3. Delivery of documents
      The Company shall upon termination of the contract, make available to the Client all documentation belonging to & supplied by the Client to the Company to enable it to supply the services, provided that the Company shall receive no claim whatsoever in respect of the services & that all the fees due to the Company have been received by it together with any interest accrued & collection charges thereon.
    4. Intellectual Property
      All intellectual property, including copyrights, letter, patent, trade marks, registered designs & utility models relating to the resources of the Company & used by it or its Associates or Consultants in the course of providing the services to the Client, shall remain at all times the property of the Company.
      The Company reserves the right to promote its name & details on documentation and other as it sees fit.
    5. Liability
      The Company, its Associates or Consultants shall not be liable to the Client for any loss, damage, costs or expenses incurred by the Client as a result of the implementation of any service, report or recommendation arising out of the provision to the Client of its services.
    6. Exclusions
      The Company strives to maintain high standards & quality of services at all times.  However, neither the Company, its Associates or Consultants provide the services subject to any express or implied warranty condition, representation or stipulation & the same whether arising hereunder or by statute or at common law are hereby excluded.
    7. Receipt
      Receipts for monies received by the Company shall not be construed as an acceptance of such money as the correct amount due & owing to the company.
    8. Force Majeure
      Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive regulation or if any cause beyond the reasonable control of the parties or either of them renders the provision of the services impossible whereupon all monies due under this agreement shall be paid immediately & in particular the Client shall immediately pay to the Company all arrears of fees.
    9. Severability
      The invalidity of the whole or any part of any of these terms & conditions shall not effect the validity of the remaining part of the particular conditions of these terms & conditions.
    10. Assignment
      Assignments by the Client must be to the Company & not to individual consultants or associates as no responsibility can be taken if not directed through the Company.
    11. Waiver
      The failure by the Company to enforce at any time or for any period any or more of the terms & conditions hereof shall not be a waiver of them or of the right at any time subsequently to enforce all terms & conditions hereof.
    12. Jurisdiction
      The agreement shall be governed & construed in accordance with the Courts of Ireland.
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