Terms of Service

Who we are

  • We are Ark Innovative Technologies & Services Limited, a limited company registered in Ireland with company number 600940 (“we” “us” “the Company”). Our office is on the 2nd Floor, Units 1201 & 1202, Building 1000, City Gate, Mahon, Cork, T12 W7CV.
  • These terms, together with our Privacy Policy, provide you with information about us and form the contract between you and us for the supply of any goods or services (“products”) from our site (“your contract” “our contract with you”). Please read these terms carefully and make sure you understand them before ordering anything from our website. We will notify you of any other terms and conditions that apply to any contract made between us.
  • You can contact us at hello@arkservices.ie or call 021 601 9319.

Contract

  • To cancel a contract, you need to let us know that you have decided to cancel. Please notify us of your decision to cancel by emailing hello@arkservices.ie, quoting the electronic purchase sale number, the date of the transaction and the items purchased. This letter must contain a categorical statement that goods that have been delivered have not been copied, duplicated or used in any way.
  • This cancellation right does not apply in the case of:
    • Sealed audio or sealed video recordings, or sealed computer software, once these products are unsealed after you receive them;
    • Software or electronic subscription products or downloadable templates, documents, books or reports in pdf or other electronic formats (digital content, the value of which is inherent in the information and/or analysis that has been delivered and which, by its nature, cannot be returned) in respect of which consumers waive, on receipt of the digital content, any right of contract cancellation;
    • Any products that become mixed inseparably with other items after their delivery;
    • Any products that are made to your specifications or are clearly personalised;
    • Any services where you have specifically requested a visit to carry out urgent repairs or maintenance;
    • Any services after the service have been fully performed. Where you have requested that we commence provision of any service, whether training or consultancy, within a period of 14 days from the day on which the service was purchased, then you may still cancel the service during the cancellation period, but you will have to pay us an amount that is in proportion to the services already provided. Further terms, set out below, apply specifically to the purchase of training courses through our sites.
  • If you cancel your contract, we will:
    • refund you the price you paid for the products. However, please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way that would not be permitted in a shop.
  • We will refund you on the credit or debit card you used to pay. If you paid via PayPal or some similar payment processor or bank transfer, we would refund by the same route.

Price and Payment

The product’s price (which may or may not include VAT) will be the price indicated on our site when you place your order through our website. We take care to ensure that the product’s price advised to you is correct, but it is always possible that errors may occur. If the product’s correct price at your order date is higher than the price listed on our website, we will contact you for your instructions before we accept your order. Payment is due in full at the point you place your order. If we cannot accept your order, we will refund you via your original payment method.

Delivery

The cost of delivery will be as displayed on our website. Digital content will be made available on acceptance of your order. Where the product is a service, we will begin delivery of the service on the date stated during the order process.

Training course terms and conditions

All Ark Innovative Technologies & Services Limited training courses, including all those for which we act as booking agents for third-party training providers, are subject to the terms and conditions set out below and, by booking a training course or a third-party training course through us, our customers (‘you’) accept these terms and conditions. 

Bookings

  • Prices for individual courses are as advertised on our website and are exclusive of VAT. Where required, VAT will be added to the advertised price to arrive at the final total cost. The course price includes trainers’ time, training rooms and necessary facilities, all necessary training materials, and morning and/or afternoon refreshments. It does not include travelling or other subsistence costs.
  • Bookings can be made by credit card online via our website www.arkservices.i.e. by telephone (021 601 9319), by sending a booking form by email to hello@arkservices.ie our sales office.
  • Once a booking has been accepted, cancellation terms (below) apply.

Delegate cancellation charges

You may cancel your booking without penalty, providing written notice within 7 days of originally booking the course. No refunds will be given if course participants fail to attend/complete a course for which you have booked.

Substitutions

Delegates may in certain circumstances, be transferred from one course to another, or alternative delegates may be substituted for those already booked on a course. 

Course cancellations

Ark (and its selected training partners) reserves the right to cancel training courses. To the fullest extent permitted by law, Ark will not be liable to you in contract, tort, negligence or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you as a direct, indirect, special or consequential nature arising from such cancellation.

Delegate Background

Those booking the course are responsible for ensuring that the backgrounds of your delegates are suitable for the training course(s) that they are attending. Ark will not be liable for any refund if delegates decide that the course material is inappropriate for them or where they are unable to participate fully for any reason. In no circumstances will Ark be liable to refund course fees.

Copyright and intellectual property

All copyright and other intellectual property rights in or relating to any course materials provided or made available in connection with the course are and remain the sole property of Ark and/or its third-party providers. Course materials may not be used, copied, reproduced, stored in a retrieval system, distributed or transmitted in whole or in part, or in any form or by any means, whether electronically, mechanically or otherwise, or translated into any language, without the prior written permission of Ark and/or its third-party providers.

Our right to terminate or suspend our contract with you

We may terminate or suspend our contact with you at any time if:

  • If we end our contract with you in these circumstances, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking your contract.
  • We may also have to suspend the supply of a product for technical reasons or comply with applicable law. We will aim to contact you in advance in these circumstances, but this will not always be possible. You may contact us to end your contract for a product if we suspend it or tell you we will suspend it in each case for more than 14 days, and we will refund any sums you have paid in each case advance for the product.
    • You do not make payment when due;
    • You do not, within a reasonable time, allow us to deliver or otherwise supply the products to you;
    • You do not, within a reasonable time, provide us with the information we need to carry out our obligations under the contract; or
    • You become, or in our reasonable opinion are likely to become, insolvent.

Effect of Termination

The parties’ accrued rights, remedies, obligations, and liabilities as at expiry or termination shall be unaffected. The provisions of the contract expressed to survive, together with those which are intended to survive termination, shall survive the termination of the contract.

Limitation of liability

Our total liability to you in respect of losses arising under or in connection with our contract with you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products we supply under our contract with you. This clause will survive termination or the expiry of our contract with you.

  • We will not be liable for:
    • Loss of revenue;
    • School interruption;
    • Any direct or indirect, or consequential loss or damage.

Severability

If any of these terms is at any time held in any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void, and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

No waiver

No waiver by Ark, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. This clause will survive termination or the expiry of our contract with you.

Governing law

These terms shall be governed by and construed under the laws of the Republic of Ireland and, to the extent permitted by law, the user explicitly accepts that only the law courts of the Republic of Ireland have jurisdiction to deal with any matter arising from or in any way, whether directly or indirectly, related to these terms and, accordingly, the user explicitly waives all and any rights to bring any action of any sort concerning this website, or to any transaction carried out with it, or any data stored on it or provided to it in any court anywhere else in the world. This clause will survive termination or the expiry of our contract with you.

Force Majeure

We are not liable for any failure or delay to perform our obligations under our contract with you where the failure is due to anything beyond our reasonable control (for example, pandemic, natural disasters, flood, fire, acts of terror, malicious damage, compliance with any law or governmental order, or mechanical, electronic or communications failure or degradation).

Assignment

You may not transfer or assign your contract (or your user account) to anyone without our written consent. We may assign or transfer our contract with you to our affiliates or to a party that buys us or an affiliate or parent of ours without your consent by providing you with notice.

Entire Agreement

The contract is the entire agreement between you and us and supersedes all prior representations or agreements connected with the supply of our products to you. Headings are for reference purposes only and do not form part of our contract with you.

Data Protection

Ark is committed to protecting your privacy rights under the General Data Protection Regulation (GDPR) and other applicable privacy legislation. See our privacy page here.