Terms And Conditions

Dogs are living creatures and their behaviours naturally change over time due to factors such as age and changes in their environment. Any guarantee in these Terms and Conditions cannot circumvent these factors.

Definition

Agreement means the quotation, acceptance and the following terms and conditions.

Work or works means behaviour consultation, training, handouts, written report, behaviour program, training program created by Topdog Training. It may also describe other services such as administrative, training meetings and other tasks which are necessary in the creation of the program.

Topdog Training means Topdog Training and it can also extend to Henry Fitzsimons.

The Client means the individual who requested the work.

Amendments means any alteration to the work.

Entire Agreement

These terms and conditions apply to all sales and services by Topdog Training, to the exclusion of any other terms unless otherwise agreed in writing.

They reserve the right to update these Terms and Conditions at any time by notice and with immediate effect.

These terms and conditions shall prevail over all terms and conditions of your customary practice or any previous course of dealings the client has had with Topdog Training.

These terms and conditions apply to all work created by Topdog Training. Work services or products are only supplied in strict accordance with these terms and conditions.

These terms and conditions shall be subject to Irish Law.

The contents contained in the quotation (verbal or written) and these Terms and Conditions form the agreement between Topdog Training and the Client relating to the work, no variation on them will be binding to Topdog Training unless it is agreed in writing and signed by Topdog Training.

Each clause of this Agreement is independent and operates separately in its own right.

By agreeing to these terms and conditions your statutory rights are not affected.

Should Topdog Training decide to waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Topdog Training to waive the same clause on any other occasion.

Any alterations or variations of these terms and conditions shall be inapplicable unless agreed in writing by all parties concerned before commencement of any work.

Ordering services or using work created by Topdog Training is automatically agreeing to these terms and conditions.

This contract shall be governed by the laws of Ireland and both parties shall submit to the non-exclusive jurisdiction of the Irish courts.

Guarantee

Behaviour work cannot be guaranteed with any animal.

Topdog Training shall create behaviour and training programme to the specifications of the problems assessed at the first training session and will make amendments to the training and behaviour programme accordingly.

It is understood that our “Free Lifetime Training Sessions” have no monetary value.

The “Free Follow Up Training Sessions If Needed” are carried out online via Zoom & not in person. 

The “Free Online Training Sessions” can be stopped or changed at anytime by Topdog Training

The “Never Pay For Training Again” is for those who do not require any further in person training sessions. Those who require further in person training sessions can book these at the original price charged.

General

The full charge of the service is payable at the first main consultation/training session.

Deadlines set in the agreement will not affect Topdog Training’s right to be paid.

If work is cancelled the client shall reimburse Topdog Training for any and all losses arising. 

All work created by Topdog Training for the client is to be used for the sole purpose for which it was created. The client does not have the right to resell work created by Topdog Training or repurpose it without written consent from Topdog Training.

Topdog Training is entitled to assign any or all of its rights and obligations included in this agreement to third parties.

Topdog Training reserves the right to refuse to provide service or create work at its own discretion.

Topdog Training cannot always guarantee to start work immediately.

If no timescale has been agreed for a service Topdog Training will not be responsible for any losses to the client if deadline is not met.

Once the work meets the terms of the quotation with its specifications any modifications to the work will be considered an amendment to the contract and charged accordingly.

Amendments to programmes and training/classes may incur an additional charge beyond that of the original invoice.

All amendments must be agreed by both Topdog Training and the client.

Amendments may exceed original deadlines agreed by Topdog Training and the client.

Behaviour and training programmes are completed within the agreed timescale– this is confirmed at time of booking.

Payment

The client shall pay Topdog Training the full price of the service at the first consultation/training session.

Topdog Training expects payment in full by either Revolut or cash at the end of the training session.

All quotes and tenders are valid for a period of thirty days.

Interest will be charged per day on all payments received outside of payment terms at the rate of eight per cent above the Bank of Ireland Base Rate as applicable on the previous 31 December or 30 June whichever is the most recent.

Whilst outstanding payment is due Topdog Training reserves the right to withhold the designs services or goods.

Any payment returned by the bank or card company will incur €10 admin charge as well as any charges made by the bank

In case collection proves necessary, the client agrees to pay all fees (including all legal fees and court costs) incurred by that process. If for any reason whatsoever Topdog Training are unable to provide an agreed product or service in accordance with these terms and conditions our liability shall be limited in its entirety to a proportional refund of any fees paid by you for the service or product.

All administrative fees to third parties and the time taken to organise will be charged to the client irrespective of any quoted amount set out in the quotation with its specifications.

Sale Of Goods

By placing an order, you agree to these Terms and Conditions which form the only agreement between us. Topdog Training reserves the right to make changes to the items shown on this website and to remove styles and goods.

We have made every effort to ensure that the colours and images used on this website give a good representation of the products themselves, but we cannot guarantee this due to monitor resolution/brightness.

Delivery

We will normally deliver goods within 5-10 working days subject to the goods being in stock. If there is going to be a delay for any reason we will advise you. We will not be liable for any consequential loss caused by failure of the carrier to deliver.

The price of the goods will be the price ruling at the date of order. All prices quoted
include post & packaging; and VAT.

Cancellation And Termination

Topdog Training may, by written notice, terminate any agreement at its discretion:

If the client fails to pay which has become overdue.

If the client breaches any of the terms of the agreement.

If Topdog Training discovers that the client’s use of work produced is unethical misleading or morally corrupt.

If the client’s use is in anyway harmful to Topdog Training or its reputation.

The client may cancel the agreement at anytime but may be invoiced up to the full amount quoted based on the degree to which the work has been completed and on the extent to which time has been allocated to the project that cannot be effectively used to generate revenue that would be otherwise lost.

A service will be deemed as cancelled if there is more than 30 days from the first training or consultation.

No refunds will be issued.

Topdog Training’s Liability

Topdog Training shall have no liability under any circumstance whatsoever to the client for financial loss or loss of profit.

Topdog Training will not be held responsible under any circumstances whatsoever to the Client for a lack of time, effort and circumstances from the work.

In no event will Topdog Training be liable to the client or any third party for damages or losses.

Topdog Training will not be liable for any loss, injury or liability to the client.

Handlers and/or owners remain responsible for their dogs at all times and are advised to ensure they have adequate pet or household insurance cover for liability in the unlikely event of damage or injury caused by their dog to property or to a third party.

COMMUNICATION

Topdog Training’s preferred method of communication is by email. However, documents can be sent by traditional post, if no email address is available, this will incur a postal fee to send through reports to the client at the current postal rate and packaging.

Topdog Training shall not be held responsible for spelling mistakes or typing errors to any documents. Signatures are not required to start a contract; verbal communication, email or other exchanges are legally binding.

COPYRIGHT

All material, both text and images included in documents are the property of Topdog Training.

ADVICE

The information and any treatment suggested consists of Topdog Training personal views and are based on the information given to Topdog Training by the client or person responsible for the animal(s) and or Topdog Training own conclusions resulting from personally gained evidence of the animal and the related behavioural problem.

Treatment plans, for the most part, will not be successful overnight. This requires a good deal of patience. Topdog Training cannot guarantee that this will work, as each animal is an individual case, nor is it possible to foresee if another problem may arise as a result of the treatment. All programs are specific to a certain animal and should not be tried on any other pet, only the animal whose name that appears on the information.

Topdog Training encourages clients to contact their veterinary surgeon prior to putting the actions into effect, if they are concerned. By booking one of Topdog Training services, you are agreeing to these Terms and Conditions. Once booked and paid for, there is no refund available.

Topdog Training reserves the right to cancel or change an appointment at any time by notice with immediate effect, without cause. By booking you will agree to keep the date and time of the consultations. If changes to the date and/or time need to be altered by you, then 48 hours’ notice will need to be given, otherwise a charge of €20 will be incurred on top of the existing consultation fee.

Bookings

Whilst every care is taken to ensure the safety of both you and your dog whilst attending this workshop/training/agility course at Topdog Training, please note that no responsibility can be accepted by Topdog Training for any injury to yourself or your dog, or any sickness or disease contracted whilst in the field or car park or premises.

Owners will not be permitted to use any piece of equipment in class unless the tutor is present and they have been given guidance on how to use the equipment safely.

I have read the above conditions relating to training with Topdog Training and agree to be bound by them.

The use of the our training facilities is entirely at your own risk.

It is only your own dog(s) coming to Topdog Training and their vaccinations and wormers are up to date.

You are responsible for your dog at all times. Topdog Training cannot accept any responsibility whatsoever, to you, your dog(s) or anyone else as a result of your dog(s) or otherwise. You must have adequate third-party insurance.

It is strongly recommended that your dog is insured for injury. We cannot be held responsible for any injury which may occur.

We cannot take responsibility for any loss, damage or theft to your vehicle or your property.

You will not be using the field in any professional capacity – it is for personal use only.

Children must be accompanied by a responsible adult and supervised at all times whilst on the premises.

You will pick up after your dog and take this away from the site. You will also aim to take all toys with you, particularly being vigilant in removing broken toys and balls.

All dog(s) must be supervised at all times.

If the dog, or any dogs that live within the same household, is showing any ill health (coughing, diarrhoea, vomiting, general lethargy etc) you will cancel the session.  The field is used by many different dogs, some with weakened immune systems.

We reserve the right to ask you to leave the premises and terminate your session and or forfeit any future bookings if we feel that you have/are mistreating any dog whilst using the facility.

Users agree to not arrive more than 10 minutes early and to leave the site promptly at the end of their session to reduce the chance of overlap with the next user.

If other users are still on site when you arrive, you and your dogs will remain in the car until they have left.

All bookings are made in advance, all prepayment deals are non-refundable and sessions subject to availability.

There are 10-minute gaps between the end and start of each appointment – to allow owners to leave before the owner arrives. You must leave the car park before the next appointment starts.

If you arrive late for your appointment, you must still leave at your allotted time. Please contact me if you arrive late, as I can let you know if there is another appointment and therefore if I can extend your time.

If you are unable to take the booking, for any reason, you will cancel with at least 24 hours’ notice to allow the session to be freed up for others.

By attending our training sessions, it is accepted that you have read and agreed to the terms of use.