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Terms & Conditions of Business

Services provided by Pender & Associates Limited, trading as FINN Partners Ireland are governed by these terms and conditions (the ‘T&Cs’). These terms and conditions are important for protection of both you and FINN Partners Ireland. Please take the time to read the terms and conditions carefully before proceeding with or engaging the services of FINN Partners Ireland, as you will be deemed to have accepted them. References to “us”, “we” or “FINN Partners Ireland” means Pender and Associates Limited, trading as FINN Partners Ireland (registered company number 501310) with its registered offices at 50 Upper Mount Street, Dublin 2. Any reference to “you” or “Customer” means any customer availing of services provided by us. A reference to “Services” is a reference to any services which We provide to You.

  1. In the event of a conflict between these T&C’s and any purchase order, quotation, contract or engagement between you and us agreed in writing (each a ‘Written Agreement’), the terms of the Written Agreement shall prevail.
  2. Term & Scope: The duration and scope of any services to be provided by FINN Partners Ireland, shall be as set out in a Written Agreement.

    Unless otherwise provided in the Written Agreement, either party may terminate by giving 3 months’ notice in writing to the other party.

    On termination of your contract, you must return any and all equipment, materials and deliverables to us.
  3. Fees
    • 3.1 Unless otherwise provided, our services shall be charged on a hourly basis at a rate of [€175 per hour + VAT] and shall be invoiced monthly in arrears
    • 3.2 The hourly rate excludes the following which will be recharged to you:
    • 3.2.1. the cost of hotel, subsistence, travelling and any other ancillary expenses reasonably incurred by the individuals whom the Supplier engages in connection with the Services, the cost of any materials and the cost of services reasonably and properly provided by third parties and required by the Supplier for the supply of the Services. Such expenses, materials and third-party services shall be invoiced by the Supplier or, as applicable, be invoiced directly to the Customer; and
    • 3.2.2. approved third-party costs and/or expenses incurred by the Supplier on behalf of the Customer and/or at the Customer’s request. All such approved third part costs and/or expenses will be invoiced by the Supplier to the Customer together with a 12.5% administration fee;
    • 3.2.3. any additional services required by the Customer and provided by the Supplier.
    • 3.3 All invoices shall be payable within 30 days
    • 3.4 Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause shall accrue on the overdue amount at the rate of statutory late payment interest provided for in the European Communities (Late Payment in Commercial Transactions) Regulations 2012. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The defaulting party shall pay the interest together with the overdue amount.
  4. Communication and Access: Where you have not nominated a person in your organisation you will require to nominate an agent or point of contact who can liaise with the supply manager associated with your account with a view to agreeing the scope of the service and modes of carrying out operations in line with the services provided by FINN Partners Ireland. We may require access whether by communication or otherwise, to employees, third parties, contractors retained by you. We may also require, in certain circumstances access to your premises or premises owned and controlled by you for the purposes of providing the service or carrying out an event. Access to such individuals or premises must be made in a timely manner in order to allow FINN Partners Ireland to provide you with the best service.
  5. Supplier Obligations: We shall take reasonable skill and care in the provision of the Services to You.
  6. Customer Obligations:
    • 6.1 You shall
    • 6.1.1. co-operate with the us in all matters relating to the Services;
    • 6.1.2. provide, to us, our agents, subcontractors, consultants and employees, in a timely manner and at no charge, access to your premises, office accommodation, data and other facilities required by us in the provision of the Services;
    • 6.1.3. provide, in a timely manner, all documents, information and materials provided by the Customer relating to the Services, including computer programs, data, press releases, briefing documents, opinion articles, speeches, reports and related specifications (“In-put Material”) and other information as the Supplier may require in conjunction with the Services, and ensure that it is accurate in all material respects;
    • 6.1.4. notify us of any enquiries related to the Services by the media;
    • 6.1.5. advise us well in advance of any major events in the Customer’s business such as the launch of a new product or service and/or the opening of any new premises
    • 6.2 We shall not be liable to you or to any third party for any costs or loss, resulting from any delay caused or contributed to by you or by any delay howsoever occurring by any third parties retained by you.
    • 6.3 We shall be entitled to take instructions from such person who you specifically nominate to act as your representative in relation to the Services or such other person as it appears is authorised to instruct us.
  7. Health and Safety: It is your duty to ensure, at your own cost, that all premises in which the Services are maintained or are to be carried out, including event locations, are in compliance with all health and safety legislation. You must notify FINN Partners Ireland of all health and safety rules, regulations and requirements and any other relevant safety considerations or requirements at any premises, retained, owned or controlled by you, including those which may be rented, leased or licenced by you for the purposes of holding an event.
  8. Artificial Intelligence and Smart Technologies: We reserve the right to use, and may use from time to time, artificial Intelligence and/or other smart technology software in the provision of services to you.
  9. Intellectual Property: All intellectual property rights in the In-Put Materials shall remain with you.  All intellectual property rights in all other materials including any materials produced by us in the course of providing the Services (the “Deliverables”) shall remain with FINN Partners Ireland. We grant to you a fully paid-up, worldwide, non-exclusive, royalty-free, licence to copy the Supplier IPRs solely for the purpose of receiving and using the Services and the Deliverables. You agree to indemnify FINN Partners Ireland against all loss, howsoever arising, resulting from any third-party intellectual property infringements caused by our use of the IN-Put Materials. 
  10. Confidentiality: Should you, as the customer, receive or become aware of any confidential information relating to FINN Partners Ireland’s business, which is not available to the public or in the public domain (this includes any ideas, concepts, strategies, events or projects presented by the FINN Partners Ireland to you, under or in connection with, the services provided by FINN Partners Ireland, then you must treat all such information as confidential and may not disclose such confidential information to any third party (including the media), without the written consent of the Supplier. You shall not modify, for use in any other campaign or project, or allow any third party to modify or use any materials supplied in connection with the services without the express consent of FINN Partners Ireland. The rights and obligations required under this confidentiality provision apply notwithstanding termination of any contract for services or completion of any project.
  11. Data Protection:
    • 11.1 It is FINN Partners Ireland’s policy to ensure that we comply with all data protection legislation. It is your responsibility to ensure that you comply with all data protection legislation, including notifying FINN Partners Ireland of any data subject access requests or data protection breaches.  Our comprehensive Privacy Policy, which explains how your data is collected, stored and used can be found on our website https://www.finnpartners.com/ie/privacy-policy/
    • 11.2 You acknowledge and agree that details of the Customer’s name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of the Supplier in connection with the Services.  
    • 11.3 In processing Personal Data, the Supplier shall comply with the Data Protection Legislation and shall ensure all necessary registrations are made and maintained and provide the Customer with a copy, on request, of each such registration and any amendments or alterations made thereto;
    • 11.4 Without prejudice to the generality of Clause 11.4 and its obligations under the DPA, Supplier agrees that it shall:
    • 11.4.1. only deal with and process Personal Data on and in accordance with the written instructions of the Customer in compliance with, and subject to, this Agreement and for the Purpose only, and shall not use or process Personal Data for any other purpose;
    • 11.4.2. treat all Personal Data as strictly confidential and adopt and maintain appropriate technical and organisational measures to secure Personal Data and, in particular, protect against unauthorised or accidental access, loss, alteration, disclosure or destruction of such data, particularly where the processing involves the transmission of data over a network, and all other unlawful forms of processing;
    • 11.4.3. ensure that Personal Data shall only be processed by persons employed by it, and other persons employed at its place of work (“Personnel”) who need to process Personal Data for the Purpose and that all of the Personnel involved in processing the Personal Data are aware of Supplier’s obligations under Data Protection Legislation and comply with this Clause 11;
    • 11.4.4. document all processing and use of Personal Data to the extent necessary to evidence that the processing is conducted in compliance with this Agreement and the DPA;
    • 11.4.5. The Supplier will promptly notify the customer about any Data Subject Request or any complaint, communication or other request received directly by the supplier or any sub processors from a Data Subject or Regulator pertaining to the customer’s personal data without first responding to that complaint, communication or request unless it has been otherwise authorised to do so by the customer. 
    • 11.4.6. The Supplier will, (where applicable) at the Customer’s choice, delete or return all Customer personal data after the expiry of or termination of this agreement unless otherwise required by law. 
  12. Limitation of Liability: FINN Partners Ireland shall not be liable to you for any breach of the terms as stated here or occurring by use by you of the materials provided in connection with the services including any representation, statement, tortious act or omission insofar as same is permissible by law. FINN Partners Ireland shall not be liable under any circumstances to compensate you for: loss of profits; loss of business; loss or depletion of goodwill or similar loss; loss of goods; loss of contract; loss of use; corruption of data or information; any special loss; indirect or consequential loss including pure economic loss, costs, expenses or charges. FINN Partners Ireland’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of its services shall be limited to the lower of €2,500,000 or the fee paid for the Services.
  13. Miscellaneous: These terms and conditions are governed by the laws of Ireland. If any claim or dispute arises between you and FINN Partners Ireland, you agree to submit to the exclusive jurisdiction of the Irish Courts.
    • 13.1 These T&Cs may be updated from time to time without notice to you.