1. Parties and Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of the website collatzinc.ie and any services provided by Collatzinc ("Company", "we", "us", "our"), a company operating in Ireland.

By visiting collatzinc.ie, submitting an enquiry, or entering into a service engagement with us, you ("Client", "User", "you") agree to these Terms. For business clients, acceptance by an authorised representative binds the organisation.

These Terms apply alongside any specific Statement of Work (SOW), Service Agreement, or Master Services Agreement signed between the parties. In the event of conflict, the specific agreement takes precedence.

2. Services Offered

Collatzinc specialises in technology and digital services for business-to-business (B2B) and business-to-consumer (B2C) clients globally. Our services include, but are not limited to:

• IT consultancy and advisory services.
• Custom software design and development.
• UI/UX design and user experience consulting.
• Logo, branding, and graphic design services.
• Website and application maintenance and support.
• Digital marketing and growth strategy services.

The full scope of any engagement, including deliverables, timelines, milestones, and pricing, will be set out in a separate written agreement. The Company reserves the right to subcontract elements of the services to qualified third parties. Collatzinc shall not be liable for the acts, omissions, delays, or failures of any subcontractor or third-party service provider except to the extent that such liability cannot be excluded under Irish law, and any such liability shall in all cases remain subject to the cap in Section 10.

3. Electronic Commerce and Online Contracting

In accordance with the Electronic Commerce Act 2000 (Ireland), which implements the EU Electronic Commerce Directive 2000/31/EC, the following information is provided:

• Collatzinc is an information society service provider operating from Ireland.
• Contracts formed electronically via this website (including via email or enquiry form submission leading to a signed agreement) are legally binding and are governed by Irish law.
• We will acknowledge receipt of any order or service request electronically without undue delay.
• We store contracts entered into electronically and these are accessible to both parties upon request.
• These Terms and any associated agreements can be saved, reproduced, and stored by you in their entirety.

If you are a consumer, you also have rights under the Consumer Rights Act 2022 (Ireland), which implements EU Directives 2019/770 (digital content) and 2019/771 (goods). Nothing in these Terms limits or excludes any such statutory rights.

4. Acceptable Use of the Website

You agree to use collatzinc.ie only for lawful purposes and in a manner consistent with applicable Irish and EU law. You must not:

• Violate any applicable laws or regulations, including those of Ireland and the European Union.
• Impersonate any person or entity, or misrepresent your affiliation or authority.
• Transmit defamatory, offensive, fraudulent, or unlawful content.
• Collect, harvest, or compile personal data about others without authorisation.
• Circumvent, disable, or interfere with security features or access controls of the website.
• Introduce viruses, malware, bots, scrapers, or other harmful automated systems.
• Use the website to harass, threaten, or harm any individual or entity.
• Engage in any activity that could damage the reputation or operations of Collatzinc.

We reserve the right to suspend or terminate your access to the website if you breach these acceptable use provisions, without prejudice to any other legal remedy available to us.

5. Consumer Rights and Right of Withdrawal

Where you are a consumer (an individual acting outside of a business, trade, or professional capacity), the following rights apply under EU and Irish law:

5.1 Right of Withdrawal (Cooling-Off Period)

Under the EU Consumer Rights Directive (2011/83/EU), as implemented by the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (SI 484 of 2013), you have the right to withdraw from a distance or off-premises contract within 14 calendar days without giving any reason. The 14-day withdrawal period begins on the day the contract is concluded.

5.2 Exceptions to the Right of Withdrawal

The right of withdrawal does not apply where:

• You have explicitly requested that we begin performing the services before the 14-day period expires, and you acknowledge that the right of withdrawal will be lost once the service is fully performed.
• The services have been fully performed with your prior express consent and acknowledgement that the right of withdrawal is lost upon completion.
• The contract is for the supply of digital content not supplied on a tangible medium, where performance has begun with your prior express consent and acknowledgement.

For B2B (business) clients, the right of withdrawal does not apply. Termination rights are governed by Section 12 of these Terms and any specific service agreement.

6. Intellectual Property Rights

All intellectual property rights in the website collatzinc.ie — including but not limited to design, text, software, graphics, logos, and content — are owned by or licensed to Collatzinc and are protected under Irish law, EU law, and international intellectual property conventions.

6.1 Deliverables

• Unless explicitly agreed in writing in a signed SOW or service agreement, all intellectual property rights in deliverables created by Collatzinc remain the property of Collatzinc until full payment is received.
• Upon receipt of full payment, Collatzinc grants the Client a non-exclusive, worldwide, royalty-free licence to use the deliverables solely for the purposes agreed in the relevant engagement.
• You may not reproduce, modify, distribute, sublicense, or create derivative works from Collatzinc's intellectual property without prior written consent.

6.2 Pre-Existing IP and Third-Party Components

• Pre-existing intellectual property belonging to either party remains the property of that party.
• Where deliverables incorporate third-party software, open-source components, or licensed assets, the Client agrees to comply with the applicable third-party licence terms, which will be disclosed in the project documentation.
• Collatzinc retains the right to reuse generic, non-confidential methodologies, frameworks, and processes developed during an engagement, provided no confidential client information is disclosed.

7. Confidentiality

Both parties agree to hold in strict confidence any proprietary, business, technical, or financial information disclosed during the course of an engagement ("Confidential Information"). Each party agrees to:

• Use Confidential Information solely for the purposes of the engagement.
• Not disclose Confidential Information to any third party without the prior written consent of the disclosing party, except to employees, contractors, or advisers on a strict need-to-know basis who are bound by equivalent confidentiality obligations.
• Apply at least the same degree of care to protect the other party's Confidential Information as it applies to its own, and no less than reasonable care.

This confidentiality obligation survives the termination of any service agreement or engagement between the parties for a period of five (5) years, or indefinitely for trade secrets.

Confidential Information does not include information that: (a) is or becomes publicly known through no breach of these Terms; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) must be disclosed by law, court order, or regulatory authority, provided the disclosing party is notified promptly where legally permissible. Any liability of Collatzinc arising from a breach of this confidentiality obligation shall in all cases be subject to and limited by the liability cap set out in Section 10 of these Terms.

8. Payment Terms

Payment obligations for any engagement are set out in the applicable SOW or service agreement. The following general terms apply:

• All fees are payable in the currency specified in the relevant agreement (typically EUR for Irish/EU engagements).
• Invoices are due for payment within the period stated in the agreement, typically 30 days from date of invoice unless otherwise agreed.
• Interest may be charged on overdue amounts in accordance with the European Communities (Late Payment in Commercial Transactions) Regulations 2012 (SI 580 of 2012), which implements EU Directive 2011/7/EU. The applicable rate is the European Central Bank reference rate plus 8 percentage points.
• Value Added Tax (VAT) will be applied at the applicable Irish/EU rate to all invoices, unless an exemption applies.

Refund Policy — where services have not yet commenced and no preparatory, planning, or design work has been undertaken, a refund of fees received (less any reasonable administrative costs already incurred) will be assessed upon valid written cancellation. Where services are partially delivered, any refund will be calculated solely on the basis of fees attributable to work not yet delivered, as determined by Collatzinc acting reasonably, and after deducting all costs and expenses already incurred or committed. No refund shall be issued for completed or fully delivered service engagements, subject to any mandatory statutory rights of consumers under EU and Irish law that cannot be contractually excluded.

9. Approval and Acceptance of Deliverables

9.1 Acceptance Period

Upon delivery of any project milestone or final deliverable, the Client will have seven (7) calendar days (the "Acceptance Period") to review and accept or reject the deliverable by written notice to contact@collatzinc.ie.

9.2 Acceptance Criteria

Acceptance should be assessed against the criteria set out in the applicable SOW. Acceptance will be deemed to have occurred only where:

• The Client provides written notice of acceptance; or
• The Client uses the deliverable in a live or production environment without raising material defects; or
• The Acceptance Period expires without the Client submitting a written rejection notice with specific, documented reasons for non-conformance.

Deemed acceptance under this clause applies exclusively to deliverables that materially conform to the agreed specifications. It does not apply where material defects exist and have not been disclosed to the Client.

9.3 Rejection and Remediation

Where a deliverable is rejected with valid documented reasons that identify specific non-conformance against the agreed SOW, Collatzinc will undertake one (1) round of remediation at no additional charge, to be completed within a timeframe agreed in writing. Any further rounds of remediation or any remediation requested in respect of matters outside the original SOW scope shall be subject to a separate written agreement and additional fees. Repeated or unreasonable rejection without documented SOW-based grounds shall be treated as a dispute under Section 14. Collatzinc's liability in respect of any defective deliverable shall in all cases be limited to re-performance of the relevant deliverable or a partial fee credit, at Collatzinc's sole discretion, and shall not exceed the liability cap in Section 10.

10. Limitation of Liability

10.1 Liability Cap

To the maximum extent permitted by applicable law, Collatzinc's total aggregate liability to you — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — arising from or in connection with any engagement shall not exceed the total fees paid by you to Collatzinc for the specific services giving rise to the claim in the twelve (12) months preceding the date the claim arises. Where no fees have been paid, Collatzinc's total aggregate liability shall not exceed EUR 500. This cap applies in aggregate to all claims, whether brought simultaneously or successively.

10.2 Exclusions

Subject to Section 10.3, Collatzinc shall not be liable for:

• Loss of profits, revenue, business, contracts, data, or anticipated savings.
• Indirect, special, incidental, or consequential loss or damage of any nature.
• Loss arising from your reliance on information provided on collatzinc.ie without entering into a formal service agreement.
• Business interruption or reputational damage.

10.3 Mandatory Statutory Rights — Exceptions

Nothing in these Terms limits or excludes Collatzinc's liability for:

• Death or personal injury caused by our negligence (this cannot be limited under Irish law).
• Fraud or fraudulent misrepresentation.
• Any breach of the obligations implied by Section 39 of the Sale of Goods and Supply of Services Act 1980 (Ireland) in respect of services supplied to consumers.
• Any liability that cannot lawfully be excluded or limited under the Consumer Rights Act 2022 (Ireland), the Unfair Terms in Consumer Contracts Regulations (SI 27 of 1995), or any other applicable Irish or EU legislation.

Consumer rights: If you are a consumer, you benefit from mandatory protections under Irish and EU law that these Terms cannot override. Your statutory rights are not affected by anything contained herein.

11. Disclaimer of Warranties

The website collatzinc.ie is provided on an "as is" and "as available" basis. To the extent permitted by law, Collatzinc makes no representations or warranties of any kind — express, implied, statutory, or otherwise — regarding the website, including without limitation:

• That the website will be uninterrupted, error-free, or free of viruses or other harmful components.
• That the information on the website is complete, accurate, or current.
• That the website will meet your specific requirements.

This disclaimer does not affect the implied terms and conditions under the Sale of Goods and Supply of Services Act 1980 regarding the quality and fitness for purpose of services supplied to consumers, nor any other non-excludable statutory warranty.

12. Termination

Either party may terminate a service engagement as follows:

• For cause: Where the other party commits a material breach of the applicable service agreement or these Terms that is not remedied within thirty (30) calendar days of written notice specifying the breach in detail.
• For convenience: By providing sixty (60) calendar days' written notice to the other party, unless otherwise specified in the applicable service agreement.
• Immediate termination by Collatzinc: Where the Client engages in behaviour that violates Section 4 (Acceptable Use), breaches confidentiality, or engages in fraudulent conduct.

Upon termination for any reason:

• You shall pay for all services rendered and reasonable costs incurred up to the effective date of termination.
• Each party shall promptly return or destroy the other party's Confidential Information, upon request.
• Provisions that by their nature should survive termination (including Sections 6, 7, 10, 11, 13, and 14) shall continue in full force.

Consumer right of withdrawal under Section 5 is separate from and does not limit this termination provision.

13. Data Protection and Privacy

Collatzinc processes personal data in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679, the Data Protection Act 2018 (Ireland), and the ePrivacy Regulations (SI 336 of 2011). By using this website and engaging our services, you acknowledge that we may collect and process personal data as described in our Privacy Policy.

Our Privacy Policy is available at collatzinc.ie/privacy-policy and forms part of these Terms. It sets out how we collect, use, store, and protect your personal data, and explains your rights as a data subject.

Where Collatzinc processes personal data on behalf of a client in the course of delivering services, the parties will enter into a Data Processing Agreement (DPA) as required by GDPR Article 28, which will govern the terms of such processing.

14. Dispute Resolution

14.1 Internal Resolution

In the event of any dispute arising from these Terms or any service engagement, the parties shall first attempt to resolve the matter informally through good-faith negotiation. Please contact us at contact@collatzinc.ie with the subject line "Dispute Notice". We will acknowledge within 5 business days and endeavour in good faith to reach a resolution. Acknowledgement of a dispute does not constitute admission of liability by either party.

14.2 Mediation

If the dispute cannot be resolved informally within 30 days, either party may refer the matter to mediation under the Mediation Act 2017 (Ireland). Mediation is voluntary, confidential, and without prejudice to either party's legal rights.

14.3 Courts

If mediation fails or is declined, disputes shall be subject to the exclusive jurisdiction of the courts of Ireland, except as provided in Section 14.4 below.

14.4 EU Online Dispute Resolution (Consumer Clients Only)

If you are a consumer resident in the EU/EEA, you may also use the European Commission's Online Dispute Resolution (ODR) platform to resolve disputes with Collatzinc. This right is available under EU Regulation 524/2013 on online dispute resolution for consumer disputes.

15. Governing Law and Jurisdiction

These Terms and any non-contractual obligations arising from or in connection with them are governed by and construed in accordance with the laws of Ireland.

• For B2B clients: any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ireland.
• For consumer clients: you retain the right to bring proceedings in the courts of your country of habitual residence within the EU/EEA, as guaranteed by EU Regulation 1215/2012 (Brussels I Recast). The law of Ireland applies, but mandatory consumer protections of your country of residence are not excluded where they offer greater protection.

16. Unfair Contract Terms

These Terms have been drafted to comply with the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (SI 27 of 1995), which implement EU Directive 93/13/EEC on unfair terms in consumer contracts.

Any term in these Terms that is found to be unfair within the meaning of the Regulations shall be of no effect to the extent of the unfairness, and the remainder of the Terms shall continue in full force. We will not seek to rely on any term found to be unfair by a competent court or the Competition and Consumer Protection Commission (CCPC) of Ireland.

If you believe any term in these Terms is unfair, please contact us at contact@collatzinc.ie. You may also contact the CCPC at www.ccpc.ie or the European Consumer Centre at www.eccireland.ie.

17. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms or any service agreement to the extent that such delay or failure arises from circumstances beyond the affected party's reasonable control, including but not limited to: acts of God, natural disasters, pandemics, government action, war, civil unrest, cyberattacks by third parties, or failure of third-party infrastructure.

The affected party must notify the other party promptly in writing, take all reasonable steps to mitigate the impact, and resume performance as soon as reasonably practicable. If a force majeure event continues for more than 60 days, either party may terminate the affected engagement on written notice without liability (other than for payment for services already rendered).

18. Changes to These Terms

We reserve the right to update these Terms at any time to reflect changes in applicable law, regulatory requirements, or our business operations. When we make material changes, we will:

• Post the updated Terms on collatzinc.ie with a revised effective date and version number.
• Notify existing clients by email at least 14 days before the changes take effect.
• For consumer clients, clearly highlight what has changed and explain the impact.

Your continued use of the website or our services after the effective date of any change constitutes acceptance of the revised Terms for general browsing. For ongoing service engagements, material changes require your explicit written agreement. If you do not accept material changes, you may terminate the engagement on notice in accordance with Section 12.

19. General Provisions

• Entire Agreement: These Terms, together with any applicable SOW, service agreement, DPA, and our Privacy Policy, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior representations, negotiations, and agreements.
• Severability: If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a competent court, that provision shall be deemed severed and the remaining provisions shall continue in full force.
• Waiver: Failure to enforce any provision of these Terms at any time shall not constitute a waiver of that provision or of any other provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Collatzinc may assign its rights to an affiliate or successor entity, provided this does not materially prejudice your rights.
• No Agency: Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between the parties.
• Corporate Isolation: Collatzinc Ireland operates as a separate and independent legal entity. No parent company, holding company, subsidiary, affiliate, or group entity of Collatzinc (collectively "Group Entities") shall bear any liability whatsoever under or in connection with these Terms or any service engagement. Any claim or proceeding must be brought solely against Collatzinc Ireland and not against any Group Entity.
• Language: These Terms are drafted in English. In the event of any inconsistency between an English version and any translated version, the English version shall prevail.
• Notices: All formal notices under these Terms must be in writing and sent by email with delivery confirmation or by registered post to the addresses stated in these Terms.

20. Contact Information

For all queries relating to these Terms, your rights, or our services, please contact us: