By registering on our Site and using the Services you ("you" or the "Company") agree to be bound by these terms and conditions for services ("Conditions"), and all policies referred to in these Conditions, each as may be modified by Splink from time to time. These Conditions are in addition to the Website Terms and Conditions, Website Privacy Policy, Website Acceptable Use Policy and Website Cookie Policy, all as displayed on the public part of our Site, ("General Terms") with which also apply to the provision of the Services.
IF YOU DO NOT AGREE TO THESE CONDITIONS YOU MAY NOT USE OR ACCESS THE SERVICES
Application of the Conditions
By using the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Conditions.
Splink is permitted to make changes to these Conditions and any other policies or guidelines by notifying you via the contact details you have provided on the Site and/or by publishing the changes at the Site. Continuing to use the Services indicates that you fully accept the changes to the Conditions. Such modifications shall become effective immediately upon their being posted on the Site. Therefore, Splink encourages you to check the date of our Conditions and General Terms whenever you visit this Site to check if they have been updated.
In the event that Splink grants a Company the opportunity to trial the Services at no cost before subscribing, then Section 7 only of these Conditions will not apply during such trial.
Definitions
In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:
Branding Images - images uploaded as the background of a Company’s simple payment link;
Company - any person or entity using and purchasing the Services;
Company Materials - the materials owned by the Company including information, design work, artwork and logos;
Conditions - these terms and conditions for services;
Customers - Individuals or entities making payments to the Company via Splink;
Fees - the fees and charges payable by the Company to Splink as specified on the Site from time to time;
Splink - Splink Limited T/A Splink, a company incorporated in Ireland with company number 594008 and having its registered office at 32 Upper Baggot Street, Dublin 4, D04 AX88, Ireland;
Services - the payment gateway service that Splink provides to a Company as listed on the Site from time to time;
Site - the Splink hosted website which is a payment gateway hosted on behalf of the Company;
Services Generally
The Company is entirely responsible for creating its own simple payment links (Splinks / sub Splinks) and uploading any Company Materials it requires on its own Splinks (e.g. Branding Images).
Splink reserves the absolute right, without giving any reasons, to cancel or remove any Splink, sub Splink or to discontinue the provision of the Services for any reason and at any time without prior notice.
A Splink / sub Splink which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex, race or age will not be accepted.
Splink shall be entitled at any time without notifying the Company to make changes to the Services, which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided.
Obligations of Splink
Splink will use its reasonable endeavours to enable Customers to view the Company's Splinks on the Site and to provide the Services to the Company. However, the Company accepts that Splink cannot guarantee the functionality of the Site 100% of the time.
Obligations of the Company
The Company hereby undertakes and warrants to Splink:
that it will use all reasonable precautions against access to the Site (or any website that is, or may become linked to any website) by any unauthorised persons, including but not limited to, the use of user names and passwords and the securing of information relating to communications between the Company's hardware and the rest of the Site;
that it will comply with the provisions of the Data Protection Acts 1988 and 2003 (the “Acts”) and ePrivacy Regulations 2011 (S.I. 336 of 2011) (and any related or updated legislation applicable) or relevant legislation with regard to any Customer information received by it and in particular to keep such information confidential;
that any information supplied by the Company in connection with the provision of the Services is accurate, complete and true;
that in respect of any Branding Image which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Company has obtained the authority of such living person to make use of such name, representation and/or copy to permit Splink to perform its obligations and exercise its rights set out in these Conditions;
that each Branding Image and all content posted to the Site or use of the Site by the Company is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;
The Company shall indemnify Splink against all claims made by the third parties in respect of the misuse of the data supplied to the Company.
The Company shall:
ensure that it is notified as a data controller to the Data Protection Commissioner’s Office (if applicable) under the Acts to the extent that it applies and complies with its obligations under those Acts;
not submit, copy, supply, re-sell, distribute or make available in any way any emails or other information received from Splink to any person.
The Company confirms that Splink can publicise its use of the Site in campaigns and proposals to prospective customers and in advertising material generally.
Content and Ownership
Splink may create content (such as by way of example only, text, images, video "Content") from time to time for use by the Company. All intellectual property rights of whatever nature in such Content shall belong to Splink.
Splink may use Content on the Site, in its own blog or generally for the marketing and promotion of its business.
Fees, Automatic Renewal and Payment
The Fees payable shall be those prices set out on the Site or communicated to you directly by email from time to time. The Fees are paid monthly in advance via Stripe or if another method has been agreed between Splink and the Company.
We will communicate with you regularly to give you details about the Services. At least 30 days prior to the anniversary of your subscription, we will send a notice to the email address identified in your account profile and let you know the renewal Fees and give you an opportunity to review your use of the Services.
If you do not want to renew your subscription you must contact either your account manager or email us at [email protected] before the renewal date.
Liability
Splink is merely a conduit to facilitate payment from Customers to the Company. Splink does not verify or guarantee any Customer’s details.
Splink does not accept liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, contracts, anticipated loss of savings, loss of goodwill, use or opportunity, wasted management or office time) howsoever resulting from the Company's use of (or inability to use) this Site, or resulting from the use of this Site, any websites linked to it or any materials posted on it. This does not affect Splink’s liability for any matter which cannot be excluded or limited under applicable law.
Splink makes no warranty that this Site (or any website that is, or may become linked to this website) is free from computer viruses, "cookies", or any other malicious or impairing computer programmes and/or that the Site shall operate uninterrupted and error-free.
Splink does not accept liability for any loss of copy, artwork, photographs, data or other materials that the Company supplies to Splink and the Company shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require.
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Splink, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Indemnity
You shall defend, indemnify and hold harmless Splink against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use (including that of any of your employees, agents or contractors) of the Services.
Governing Law and Jurisdiction
These Conditions shall be governed by, and construed in accordance with, the laws of Ireland and each party irrevocably submits to the exclusive jurisdiction of the courts of Ireland.
Miscellaneous
Continued use of this Site, constitutes an acceptance of these Conditions and the General Terms with Splink to the exclusion of any other terms and conditions.
If any provision of these Conditions is held to be void or unenforceable in whole or in part, these Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by Splink shall be effective except in relation to the matter in respect of which it was specifically given.
Splink may amend the terms of these Conditions at any time by amending this page. The Company is expected to check this page from time to time to take notice of any changes Splink has made, as they are binding.
