Terms and Conditions

Effective Date: 1 December 2023

Welcome to Celtic Dynamics! These Terms and Conditions govern your use of our services provided through the http://celticdynamics.com website (referred to as the “Provider” or “Service”). By engaging with our services, you agree to comply with and be bound by the terms outlined herein. Please read these terms carefully before using our Service.

Celtic Dynamics (“us”, “we”, or “our”) operates the http://celticdynamics.com website (hereinafter referred to as the “Provider” or “Service”).

This page informs you of: 

  • Customer and Business Agreement
  • Definitions
  • Scope of Services
  • Responsibilities of the Parties
  • Performance Metrics and Measurement
  • Payment Terms
  • Confidentiality and Data Protection
  • Intellectual Property Rights
  • Insurance and Liability
  • Dispute Resolution
  • Termination and Renewal
  • Governing Law and Jurisdiction
  • Communications and Marketing
  • Security of Data
  • Staffing and Contractors
  • Methods of Communication

For additional information on how we handle your data, please refer to our Privacy Policy and Cookies Policy.

By using our Service, you agree to these Terms and Conditions. If you do not agree, please refrain from using our Service.

Thank you for choosing Celtic Dynamics! If you have any questions or concerns, please contact us through the channels provided in our contact information.

Customer and Business Agreements

The Customer recognises the importance of optimising energy usage, reducing environmental impact, and achieving cost savings within their operations. The Provider, an experienced and qualified energy service provider, possesses the expertise and resources to deliver customised energy solutions tailored to meet the specific needs of the Customer.

The Customer and Provider engage in comprehensive discussions, evaluating the energy requirements, goals, and objectives of the Customer. Based on these discussions and a thorough assessment of the Customer’s energy consumption patterns and infrastructure, the Provider develops a comprehensive energy service plan to enhance energy efficiency, reduce energy waste, and lower overall energy costs.

The Customer and Provider mutually agree to formalise their relationship and enter into this Agreement to define the scope of services, rights, responsibilities, and obligations associated with the provision of energy services. Both parties intend to work collaboratively to achieve the desired energy efficiency outcomes while maintaining operational effectiveness and occupant comfort within the Customer’s facilities.

A contractual agreement reflects the parties’ commitment to sustainable energy practices, financial viability, and the establishment of a long-term partnership focused on achieving shared energy efficiency and conservation goals.

By signing an Agreement, the parties acknowledge their understanding of the terms and conditions herein and their commitment to fulfilling their respective roles in realising the benefits of the proposed energy services.

  1. “Energy Service Agreement” or “ESA” refers to the contractual agreement entered into between the Provider and the Customer, outlining the terms and conditions for the provision of energy services.
  2. “Provider” refers to [Energy Service Provider’s Name], the entity responsible for delivering energy services as outlined in this Agreement.
  3. “Customer” refers to [Customer’s Name], the entity or organisation receiving the energy services as outlined in an Agreement.
  4. “Energy Services” refers to the services provided by the Provider to enhance energy efficiency, conservation, and optimization within the Customer’s facilities. These services may include energy audits, energy management, equipment upgrades, installation of energy-saving measures, monitoring, and reporting.
  5. “Performance Standards” refer to the agreed-upon benchmarks or metrics that determine the effectiveness and efficiency of the energy services provided by the Provider. These standards may include energy savings targets, reduction in greenhouse gas emissions, or other mutually defined objectives.
  6. “Compensation” refers to the financial arrangement between the Provider and the Customer for the provision of energy services. It includes the pricing structure, invoicing terms, payment schedule, and any other applicable financial provisions.
  7. “Renewable Energy” refers to energy derived from renewable sources, such as solar, wind, hydro, geothermal, or biomass, which have minimal environmental impact and are replenishable.
  8. “Energy Conservation” refers to the practice of using energy efficiently to reduce overall energy consumption without compromising desired outcomes or comfort levels.
  9. “Energy Efficiency” refers to the measure of how effectively energy is used to accomplish a desired task or output. It involves reducing energy waste and optimising energy performance.
  10. “Baseline” refers to the established reference point against which energy savings or improvements are measured. It represents the energy consumption or performance level before the implementation of energy services.
  11. “Confidential Information” refers to any proprietary, sensitive, or non-public information exchanged between the Provider and the Customer during the course of an Agreement. This may include but is not limited to technical data, financial information, business strategies, or trade secrets.
  12. “Force Majeure” refers to unforeseeable circumstances or events beyond the control of the parties that may hinder or delay the performance of obligations under an Agreement. Examples may include natural disasters, acts of God, war, or government regulations.
  13. “Termination” refers to the act of ending or cancelling an Agreement by either party. Termination may be initiated by mutual agreement, expiration of the agreed-upon term, breach of contract, or other specified conditions as outlined in this Agreement.

These definitions are provided to ensure clarity and understanding of the terms used throughout these “Terms and Conditions”.

Scope of Services
  1. Energy Audit: The Provider shall conduct a comprehensive energy audit of the Customer’s facilities to assess the current energy consumption patterns, identify areas of energy waste, and recommend energy-saving opportunities.
  2. Energy Efficiency Recommendations: Based on the energy audit findings, the Provider shall provide detailed recommendations to improve energy efficiency within the Customer’s facilities. These recommendations may include equipment upgrades, retrofitting, installation of energy management systems, and behavioural adjustments.
  3. Energy Conservation Measures: The Provider shall implement energy conservation measures as agreed upon by both parties. This may involve the installation of energy-efficient lighting systems, occupancy sensors, smart thermostats, insulation improvements, and other energy-saving technologies or practices.
  4. Performance Monitoring and Reporting: The Provider shall monitor and track the energy performance of the implemented measures for a 12 week period after the installation is complete to verify the savings.
  5. Operational Optimization: The Provider shall work closely with the Customer to identify operational inefficiencies and recommend measures to optimise energy usage without compromising productivity or occupant comfort. This may include load balancing, demand response strategies, and peak load management techniques.
  6. Training and Education: The Provider shall conduct a training session on the equipment installed during the handover phase to the Customer ‘s designated operators.
  7. Maintenance and Support: The Provider shall provide a maintenance agreement option at the end of the project for the Customer to continue with if they wish.
  8. Measurement and Verification: The Provider shall implement measurement and verification protocols to validate the achieved energy savings and performance improvements. This may involve comparing the post-implementation energy consumption data against the baseline, 
  9. Project Management: The Provider shall oversee the planning, coordination, and execution of all activities related to the implementation of energy conservation measures. This includes project scheduling, procurement of materials, subcontractor management, and adherence to applicable regulations and standards.
  10. Compliance and Documentation: The Provider shall ensure that all energy-related compliance requirements, permits, and certifications are obtained and maintained throughout the duration of an Agreement. The Provider shall also maintain accurate documentation of all activities, including energy audits, recommendations, reports, and project-related documentation.

The scope of services outlined in these Terms and Conditions represents an initial understanding of the energy services to be provided by the Provider. Specific details, timelines, and deliverables shall be further defined in separate project plans, work orders, or amendments to an Agreement as agreed upon by both parties.

Responsibilities of the Parties
  1. Provider’s Responsibilities: 
    1. Energy Service Delivery: The Provider shall deliver the agreed-upon energy services in a professional and timely manner, utilising industry best practices and adhering to applicable standards and regulations.
    2. Assessment and Recommendations: The Provider shall conduct thorough assessments, energy audits, and analysis of the Customer’s facilities to identify energy-saving opportunities and provide recommendations for improvement. 
    3. Implementation of Energy Conservation Measures: The Provider shall be responsible for the procurement, installation, and commissioning of energy-efficient equipment and technologies as agreed upon with the Customer. 
    4. Performance Monitoring: The Provider shall provide regular reports and status updates to the Customer, detailing energy consumption, savings achieved, and other performance metrics as defined in an Agreement. 
    5. Maintenance and Support: The Provider shall provide a maintenance agreement option for the Customer upon completion of a project.
    6. Compliance and Documentation: The Provider shall ensure compliance with all applicable laws, regulations, and permits related to energy services provided. The Provider shall also maintain accurate and up-to-date documentation of all activities, reports, and certifications.
  1. Customer’s Responsibilities: 
    1. Access and Cooperation: The Customer shall provide the Provider with access to the facilities, equipment, and necessary information required to conduct energy audits, assessments, and subsequent service delivery. 
    2. Payment: The Customer shall make timely payments to the Provider as per the agreed-upon terms and conditions outlined in an Agreement. 
    3. Collaboration: The Customer shall collaborate with the Provider in the planning, implementation, and monitoring of energy conservation measures, including providing feedback, sharing relevant information, and participating in training sessions or workshops as necessary.
    4. Compliance and Permissions: The Customer shall ensure compliance with all applicable laws, regulations, and permits related to the implementation and operation of energy-saving measures within their facilities. 
    5. Communication: The Customer shall promptly communicate any issues, concerns, or changes in requirements to the Provider, facilitating effective collaboration and resolution of any arising matters.
  1. Joint Responsibilities: 
    1. Reporting and Communication: Both parties shall maintain open and effective communication, promptly sharing information, progress updates, and addressing any issues or concerns that may arise during the term of an Agreement. 
    2. Performance Evaluation: The parties shall collaborate to establish performance metrics, targets, and measurement methodologies to assess the effectiveness of the energy services delivered.
    3. Confidentiality: Both parties shall maintain the confidentiality of any proprietary or sensitive information exchanged during the course of an Agreement, in accordance with the confidentiality provisions as defined in an Agreement.

It is essential for both the Provider and the Customer to understand and fulfil their respective responsibilities as outlined in this section. By clearly defining the roles and expectations of each party, efficient collaboration and successful implementation of the energy services can be ensured.

Performance Metrics and Measurement
  1. Energy Consumption: The Provider shall measure and track the energy consumption of the Customer’s facilities before and after the implementation of energy-saving measures. This includes tracking total energy usage, as well as specific energy sources (electricity, natural gas, etc.), to assess the effectiveness of the services delivered.
  2. Energy Savings: The Provider shall calculate and report the achieved energy savings resulting from the implemented energy conservation measures. This measurement may involve comparing the post-implementation energy consumption against a predetermined baseline or industry standards. The energy savings can be expressed in terms of kilowatt-hours (kWh), British thermal units (BTUs), or other applicable units.
  3. Cost Savings: The Provider shall assess the financial impact of the energy services provided by measuring the cost savings realised by the Customer. This includes evaluating reduced energy bills, operational cost reductions, and potential incentives or rebates obtained through improved energy efficiency.
  4. Environmental Impact: The Provider shall measure the environmental impact of the implemented energy-saving measures, such as greenhouse gas emissions reductions, carbon footprint reductions, or other relevant metrics. This assessment helps quantify the positive environmental outcomes resulting from the energy services delivered.
  5. Performance Benchmarking: The Provider may compare the Customer’s energy consumption and efficiency performance against industry benchmarks or similar facilities to assess the relative performance and identify further improvement opportunities.
  6. Equipment and System Performance: The Provider shall monitor the performance of the energy-efficient equipment and systems installed. This includes tracking key performance indicators (KPIs), such as equipment runtime, efficiency ratings, temperature differentials, or other relevant parameters, to ensure optimal operation and identify any deviations or issues requiring attention.
  7. Occupant Comfort and Satisfaction: In cases where energy services impact occupant comfort, the Provider may measure and evaluate occupant feedback and satisfaction levels through surveys or other means. This assessment helps ensure that energy efficiency measures do not compromise the comfort and well-being of building occupants.
  8. Reporting and Documentation: The Provider shall prepare regular reports outlining the current status of the project. These reports shall be shared with the Customer at agreed intervals, outlining the progress, achievements, and any recommended adjustments or improvements.
  9. Measurement and Verification (M&V): The Provider may employ standardised M&V protocols and methodologies to validate the achieved energy savings and performance improvements. This may involve using calibrated meters, data logging devices, or other measurement tools to collect accurate data for comparison against predetermined baselines or industry standards.
  10. Performance Guarantee: In certain cases, the Provider may offer a performance guarantee, specifying the minimum level of energy savings or other performance metrics to be achieved. This ensures that the Provider is accountable for delivering the promised results and provides recourse for the Customer if performance targets are not met.

It is essential to establish clear performance metrics and measurement methodologies to evaluate the success of the energy services provided. These metrics enable both the Provider and the Customer to track progress, identify areas for improvement, and ensure transparency and accountability throughout the duration of an agreement.

Payment Terms
  1. Payment Schedule: The Customer shall make payments to the Provider in accordance with the agreed-upon payment schedule as outlined in each Agreement. The payment schedule may include specific dates or milestones linked to the completion of deliverables or the provision of services.
  2. Invoicing: The Provider shall submit invoices to the Customer for the rendered energy services as per the agreed-upon payment schedule. Each invoice shall include a detailed breakdown of the services provided, applicable rates or fees, and any other relevant information required for accurate payment processing.
  3. Payment Methods: The Customer shall remit payments to the Provider using the approved payment methods specified in an ESA. Accepted payment methods may include cheques, electronic bank transfers, credit cards, or other mutually agreed-upon payment options.
  4. Late Payments: In the event of late payment, the Customer may be subject to late payment fees or interest charges. The payment will be due 30 calendar days after the invoice issue date. Where late payment occurs past the initial 30 calendar days interest will be due at an 8% interest rate. As the supplier, we are entitled to the automatic payment of all compensation costs. These payment terms are in line with the legislation set out by the European Union in the  Directive 2011/7/EC of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions including all amendments to the current version of the legislation.The Provider reserves the right to temporarily suspend or terminate services if payments are significantly overdue, subject to any notice periods or cure provisions outlined in an Agreement.
  5. Disputed Invoices: If the Customer disputes any charges or discrepancies on an invoice, they shall promptly notify the Provider in writing, providing a detailed explanation of the dispute. Both parties shall work together in good faith to resolve the dispute within a reasonable timeframe.
  6. Taxes and Additional Costs: The Customer shall be responsible for any applicable taxes, duties, or other government charges related to the payment for the energy services. Additionally, any additional costs incurred by the Provider as a result of unforeseen circumstances or changes in project scope shall be communicated to the Customer and mutually agreed upon before payment.
  7. Currency and Exchange Rates: Unless otherwise specified in an ESA, all payments shall be made in the currency agreed upon by both parties. Any currency conversion fees or exchange rate differences shall be borne by the Customer.
  8. Payment Records: The Provider shall maintain accurate records of all payments received and provide the Customer with necessary documentation, such as receipts or payment confirmations, upon request.
  9. Non-Performance and Payment Adjustments: In the event of a material breach or non-performance by either party, the non-breaching party may be entitled to adjust the payment terms or seek appropriate remedies as outlined in an ESA or as provided by applicable laws.
  10. Confidentiality of Payment Information: Both parties shall maintain the confidentiality and security of any payment-related information shared during the course of an Agreement, in accordance with applicable data protection and privacy regulations.

The payment terms section outlines the agreed-upon procedures and obligations regarding payments for the energy services provided. It is crucial for both the Provider and the Customer to adhere to these terms to ensure a smooth financial transaction process and to maintain a mutually beneficial business relationship.

Confidentiality and Data Protection
  1. Confidential Information: Both parties acknowledge that during the course of an Agreement, they may come into possession of confidential information belonging to the other party. Confidential information includes, but is not limited to, trade secrets, financial information, customer data, technical specifications, and any other proprietary or sensitive information disclosed by either party.
  2. Non-Disclosure Obligation: Both parties agree to keep all confidential information received from the other party strictly confidential and to use it solely for the purpose of fulfilling their obligations. They shall not disclose or make any unauthorised use of the confidential information, except as required by law or with the prior written consent of the disclosing party.
  3. Protection of Confidential Information: Both parties shall implement reasonable measures to protect the confidentiality of the disclosed information. This may include, but is not limited to, maintaining physical, electronic, and procedural safeguards to prevent unauthorised access, use, or disclosure of confidential information.
  4. Data Protection and Privacy: Both parties shall comply with applicable data protection and privacy laws and regulations regarding the collection, storage, processing, and transfer of personal data. They shall handle any personal data obtained during the provision of energy services in accordance with the agreed-upon privacy provisions and the parties’ respective privacy policies.
  5. Data Security: Both parties shall take appropriate measures to ensure the security and integrity of any personal data collected, processed, or stored during the provision of energy services. This includes implementing technical and organisational measures to protect against unauthorised access, accidental loss, destruction, or alteration of personal data.
  6. Subcontractors and Third Parties: If either party engages subcontractors or third-party service providers to perform certain tasks or services related to an ESA, they shall ensure that such subcontractors or third parties are bound by confidentiality obligations and provide an adequate level of data protection and security.
  7. Breach of Confidentiality: In the event of a breach of confidentiality or unauthorised disclosure of confidential information, the non-breaching party may seek appropriate legal remedies, including injunctive relief, damages, or specific performance, as provided by law or as outlined in an ESA.
  8. Data Retention: Both parties shall retain any personal data collected or processed during the provision of energy services for the duration necessary to fulfil their obligations under an Agreement or as required by applicable laws. Upon termination or expiration of an Agreement, both parties shall handle the disposition or return of personal data in accordance with the agreed-upon provisions.
  9. Survival of Obligations: The confidentiality and data protection obligations shall survive the termination or expiration of an Agreement and shall remain in effect as long as the disclosed information remains confidential, as defined in an Agreement.

Both parties recognize the importance of protecting confidential information and ensuring compliance with data protection and privacy regulations. By incorporating this section into an Agreement, both parties commit to maintaining the confidentiality and security of sensitive information and to handling personal data in a responsible and lawful manner. See our Privacy Policy for more information.

Intellectual Property Rights
  1. Ownership of Intellectual Property: Unless otherwise agreed upon in writing, all intellectual property rights, including copyrights, patents, trademarks, trade secrets, and other proprietary rights, developed, created, or existing prior to the Energy Service Agreement (ESA), shall remain the exclusive property of the respective party.
  2. Work Product: Any new intellectual property, innovations, developments, or work product arising directly from the provision of energy services under an ESA shall be owned by the party that created or developed it (“Creating Party”). The Creating Party shall retain all rights, title, and interest in such intellectual property, unless otherwise agreed upon in writing.
  3. Licence and Use: The Creating Party grants the other party a non-exclusive, non-transferable, limited licence to use the intellectual property solely for the purpose of fulfilling their obligations under an ESA. Any such use shall be strictly in accordance with the terms and conditions set forth in an ESA and shall not extend beyond the duration of an Agreement, unless otherwise agreed upon in writing.
  4. Protection of Intellectual Property: Both parties shall take reasonable measures to protect and preserve the intellectual property rights of the other party. This includes marking and identifying proprietary information, implementing appropriate security measures, and promptly notifying the other party of any unauthorised use or infringement that comes to their attention.
  5. Jointly Developed Intellectual Property: In the event that intellectual property is jointly developed or created by both parties during the provision of energy services, ownership and rights shall be determined through a separate agreement or arrangement specifically addressing the ownership, use, and protection of such jointly developed intellectual property.
  6. Confidentiality of Intellectual Property: Both parties shall treat the other party’s intellectual property as confidential information, as outlined in the confidentiality and data protection section of an ESA. They shall not disclose or make any unauthorised use of the intellectual property, except as necessary to fulfil their obligations under an ESA or with the prior written consent of the owning party.
  7. Third-Party Intellectual Property: Both parties shall respect and not infringe upon the intellectual property rights of third parties. They shall promptly notify each other in writing of any known or suspected infringement of third-party intellectual property rights that may arise during the course of the energy services.
  8. Indemnification: Each party agrees to indemnify and hold the other party harmless against any claims, liabilities, damages, or expenses arising from any alleged infringement or misappropriation of intellectual property rights resulting from the actions or omissions of the indemnifying party.
  9. Survival of Obligations: The intellectual property rights obligations shall survive the termination or expiration of an ESA, as necessary to enforce and protect the respective intellectual property rights.

It is important to establish clarity and protection of intellectual property rights to avoid disputes and ensure the proper ownership, use, and protection of intellectual property resulting from the energy services provided under an ESA.

Insurance and Liability
  1. Insurance Coverage: The Provider shall maintain adequate insurance coverage throughout the duration of the Energy Service Agreement (ESA) to protect against potential liabilities arising from the provision of energy services. The types and limits of insurance coverage shall be as mutually agreed upon by both parties.
  2. Liability Limitations: Neither party shall be liable to the other for any indirect, incidental, consequential, or special damages arising out of or in connection with the performance of an ESA, except to the extent of any direct damages caused by gross negligence, willful misconduct, or breach of confidentiality obligations.
  3. Indemnification: Each party agrees to indemnify, defend, and hold harmless the other party, its officers, employees, and agents from any claims, damages, liabilities, losses, or expenses (including reasonable legal fees) arising from any third-party claims related to the provision of energy services, to the extent such claims result from the indemnifying party’s negligence, willful misconduct, or breach of an ESA.
  4. Force Majeure: Neither party shall be held liable for any delay, non-performance, or interruption of services caused by circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government regulations, labour disputes, or utility failures. In such cases, the affected party shall promptly notify the other party and make reasonable efforts to mitigate the impact of the event.
  5. Compliance with Laws and Regulations: Both parties shall comply with all applicable laws, regulations, and industry standards related to the provision of energy services. Each party shall be responsible for obtaining and maintaining any necessary permits, licences, or approvals required to perform their respective obligations under an ESA.
  6. Subcontractors and Third Parties: If either party engages subcontractors or third-party service providers to assist in the provision of energy services, they shall ensure that such subcontractors or third parties maintain appropriate insurance coverage and assume liability for their actions or omissions.
  7. Insurance Certificates: Upon request, the Provider shall provide the Customer with valid and current certificates of insurance demonstrating the existence of the required insurance coverage. The Customer reserves the right to request updates or additional coverage as deemed necessary.
  8. Notice of Claims: In the event of any incident or claim that may give rise to liability under an ESA, the affected party shall promptly notify the other party in writing. Such notice shall include all relevant details and supporting documentation related to the incident or claim.
  9. Limitation of Liability: To the maximum extent permitted by law, the total liability of either party arising out of or in connection with an ESA, whether based on contract, tort, or any other legal theory, shall not exceed the total fees paid or payable under an ESA during the twelve (12) months preceding the claim.
  10. Termination and Liability: The termination or expiration of an ESA shall not relieve either party of their obligations and liabilities incurred prior to such termination or expiration. The provisions regarding indemnification, liability, and confidentiality shall survive the termination or expiration of an ESA.

Both parties acknowledge the importance of insurance coverage and liability protections to manage potential risks associated with the provision of energy services. By addressing these aspects in an ESA, both parties aim to clarify their respective responsibilities, allocate liability appropriately, and ensure proper insurance coverage to safeguard against potential claims or damages.

Dispute Resolution
  1. Good Faith Negotiation: In the event of any dispute, controversy, or claim arising out of or relating to the Energy Service Agreement (ESA), both parties shall first attempt to resolve the matter amicably through good faith negotiations. Each party shall provide the other party with a written notice describing the nature of the dispute and their proposed resolution.
  2. Mediation: If the dispute cannot be resolved through good faith negotiations within a reasonable time period, either party may initiate mediation. The parties shall mutually agree on a qualified and neutral mediator and participate in mediation sessions in an effort to reach a mutually acceptable resolution. The costs of mediation shall be shared equally, unless otherwise agreed upon.
  3. Arbitration: If the dispute remains unresolved after mediation or if either party declines to participate in mediation, the dispute shall be referred to binding arbitration. The arbitration shall be conducted in accordance with the rules and procedures of a mutually agreed-upon arbitration association or organisation. The arbitration award shall be final and binding on both parties.
  4. Court Litigation: If arbitration is not agreed upon or if a party seeks injunctive relief or other equitable remedies, either party may bring an action in a court of competent jurisdiction. The parties agree to submit to the exclusive jurisdiction of the courts for any legal proceedings arising from or related to an ESA.
  5. Confidentiality: All discussions, negotiations, and proceedings related to the dispute resolution process, including mediation and arbitration, shall be treated as confidential and without prejudice to the rights and positions of either party. The parties shall not disclose any information related to the dispute resolution process to third parties, except as required by law or with the prior written consent of the other party.
  6. Cooperation: Both parties shall cooperate fully in the dispute resolution process and provide all necessary information and documentation to facilitate a fair and efficient resolution. Each party shall designate a representative with the authority to make decisions and enter into binding agreements on behalf of the party.
  7. Costs and Fees: Each party shall bear its own costs and expenses incurred in the dispute resolution process, including attorney’s fees, except as otherwise awarded by the arbitrator or court.
  8. Continuation of Performance: Unless otherwise agreed upon or unless the dispute directly affects the performance of an ESA, both parties shall continue to perform their respective obligations under an ESA during the dispute resolution process.
  9. Waiver of Jury Trial: Both parties waive any right to a jury trial in any legal proceedings arising from or related to an ESA.
  10. Relationship Preservation: Both parties shall make reasonable efforts to preserve their business relationship and continue to work collaboratively despite the existence of a dispute.

The dispute resolution section aims to provide a structured framework for resolving conflicts or disagreements that may arise during the course of an ESA. By encouraging open communication, mediation, and arbitration, the parties seek to reach a fair and efficient resolution while minimising disruptions to their business relationship.

Termination and Renewal
  1. Termination for Convenience: Either party may terminate the Energy Service Agreement (ESA) without cause or reason by providing written notice to the other party. The termination notice period shall be as agreed upon in an ESA, allowing sufficient time for both parties to make necessary arrangements to conclude the services.
  2. Termination for Cause: Either party may terminate an ESA in the event of a material breach by the other party. The terminating party shall provide written notice specifying the nature of the breach, allowing the breaching party a reasonable cure period to remedy the breach. If the breach remains uncured within the specified period, an ESA may be terminated.
  3. Termination for Insolvency: Either party may terminate an ESA immediately upon written notice if the other party becomes insolvent, files for bankruptcy, or undergoes a change in control that may materially affect its ability to perform its obligations under an ESA.
  4. Effect of Termination: Upon termination of an ESA, both parties shall fulfil their outstanding obligations and cooperate in an orderly transition of the services. The Provider shall provide a final invoice for any completed services or deliverables, and the Customer shall make the final payment as per the payment terms outlined in an ESA.
  5. Survival of Obligations: The termination of an ESA shall not affect any accrued rights, obligations, or liabilities that have arisen prior to the termination. The provisions regarding confidentiality, intellectual property rights, indemnification, liability, and dispute resolution shall survive the termination to the extent necessary for their enforcement.
  6. Renewal: an ESA may be renewed upon mutual agreement of both parties. The renewal terms, including the duration, pricing, and any modifications to the scope of services, shall be negotiated and documented in a separate renewal agreement or amendment to an ESA.
  7. Notice of Renewal or Non-Renewal: Either party desiring to renew or not to renew an ESA shall provide written notice to the other party within the notice period specified in an ESA. Failure to provide such notice shall be deemed as a decision not to renew an ESA.
  8. Renegotiation of Terms: In the event of renewal, both parties may have the opportunity to renegotiate certain terms and conditions of an ESA, such as pricing, service levels, or performance metrics. The parties shall engage in good faith discussions to reach a mutually acceptable agreement for the renewed term.
  9. Termination of Renewed Agreement: Any renewed ESA shall be subject to the termination provisions outlined in this section and in the renewed agreement itself. The parties shall have the right to terminate the renewed agreement in accordance with the termination provisions agreed upon.

Both parties recognize the importance of providing clear guidelines for the termination and renewal of an ESA. By including these provisions, both parties can exercise their rights to terminate an Agreement under specified circumstances while also providing a mechanism for the potential renewal of an ESA based on mutually agreed-upon terms.

Governing Law and Jurisdiction
  1. Governing Law: The Energy Service Agreement (ESA) shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes, claims, or controversies arising out of or relating to an ESA shall be governed by the laws of [Jurisdiction] without regard to its conflict of laws principles.
  2. Jurisdiction: The parties agree that any legal proceedings arising out of or in connection with an ESA shall be exclusively brought before the courts of [Jurisdiction]. Both parties hereby submit to the exclusive jurisdiction of the courts of [Jurisdiction] for any such legal proceedings and waive any objections to the venue or jurisdiction of such courts.
  3. Mediation and Arbitration Exclusion: The choice of governing law and jurisdiction stated in this section shall not affect the parties’ rights to engage in mediation or arbitration as outlined in the dispute resolution section of an ESA. The choice of governing law and jurisdiction shall solely apply to the enforcement of any resulting mediation settlement or arbitration award.
  4. International Agreements: If an ESA involves parties from different countries or if it is subject to international agreements, the governing law and jurisdiction provisions shall be subject to any mandatory provisions imposed by applicable international treaties, conventions, or laws.
  5. Service of Process: Each party agrees to accept service of process in accordance with the applicable laws and rules of [Jurisdiction]. Any legal documents, notices, or communications required or permitted to be served upon a party under an ESA shall be considered properly served if sent by registered mail, courier service, or email to the party’s designated address as stated in an ESA.
  6. Language: an ESA and all related documents, notices, and communications shall be drafted and executed in the [Language]. In the event of any inconsistencies or discrepancies between translated versions of an ESA, the version in the [Language] shall prevail.

The governing law and jurisdiction section aims to establish clarity and agreement on the applicable laws and the jurisdiction to resolve any disputes or legal proceedings arising from an ESA. By designating a specific jurisdiction and governing law, both parties can have a clear understanding of the legal framework under which an ESA operates and the appropriate forum for resolving any related disputes.

Communications and Marketing

See our Policy Page. This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

Celtic Dynamics values open and transparent communication with our clients. As part of our commitment to providing exceptional service, we will periodically request feedback from our clients in the form of reviews and testimonials. These reviews may be used on our website, social media channels, advertisements, and other marketing materials.

Furthermore, by entering an Agreement, the client agrees to grant Celtic Dynamics the right to use their name and service marks for marketing purposes. This includes but is not limited to the use of the name and service marks in our website, social media channels, advertisements, brochures, flyers, newsletters, and other marketing materials. 

The client also grants Celtic Dynamics the right to display its logo (or other identifying information) and a hyperlink to Celtic Dynamic’s website to the home page of the client’s website. Any use of Celtic Dynamics’ logos or links on the client’s website must be approved in writing by Celtic Dynamics.

In addition, either party may elect to issue a press release related to this Agreement. In doing so, any release shall be approved by the other party and such approval shall not be unreasonably withheld.

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

At Celtic Dynamics, we take the security and privacy of your data seriously. To safeguard your information, we have implemented various security measures, including the utilisation of the following tools and plugins:

  • WordFence Security – Firewall and Malware Scan: We employ WordFence Security to maintain a robust firewall and conduct regular malware scans, ensuring the integrity of our website and protecting against potential threats.
  • Anti-Spam Bee: Anti-Spam Bee is implemented to prevent unwanted spam and ensure a clean and secure environment for our users.
  • WP Super Cache: WP Super Cache is utilised to optimise the performance of our website by caching content, enhancing both speed and security.
  • CookieYes | GDPR Cookie Consent: CookieYes assists us in complying with GDPR regulations by managing and obtaining consent for the use of cookies on our website.
  • Google Analytics by MonsterInsights: We use Google Analytics by MonsterInsights to gather insights into website traffic and user behaviour, helping us enhance user experience while ensuring data is handled securely.
  • BookingPress Appointment Booking: BookingPress Appointment Booking is employed for scheduling appointments securely and efficiently.
  • WP Forms: WP Forms is utilised for secure and user-friendly form creation and submission.
  • RankMath SEO: RankMath SEO helps optimise our website for search engines while maintaining a secure and well-structured environment.
  • UpdraftPlus – Backup/Restore: UpdraftPlus is employed for regular backups of our website, ensuring that data can be restored in the event of any unforeseen incidents.
  • MailChimp: MailChimp is used for managing our email communications securely, ensuring that your information is handled with the utmost care.

We have implemented these security measures to protect your personal information from unauthorised access, disclosure, alteration, and destruction. Our commitment to your privacy extends to regular updates and monitoring of these tools and plugins to ensure they meet the highest standards of security.

While we strive to provide a secure online environment, it’s essential to note that no method of transmission or electronic storage is completely foolproof. By using our website, you acknowledge and accept these inherent security risks. If you have any concerns or questions about our security practices, please contact us at sales@celticdynamics.com

Staffing and Contractors
  1. General Working Hours:

1.1 The company operates in a remote capacity, with team members spanning across various time zones. However, the standard working hours for most staff are expected to be during regular business hours, from Monday to Friday, 9:00 AM to 5:00 PM.

  1. Flexibility and Remote Work:

2.1 Recognizing the diverse locations of our team members, the company embraces a flexible working environment. While the standard hours are defined, the company acknowledges the need for flexibility in work arrangements to accommodate different time zones and personal circumstances.

  1. Employee Categories:

3.1 The company’s workforce comprises both employees and contractors. This diverse composition reflects our commitment to assembling a skilled and dynamic team capable of meeting the demands of our global operations.

  1. Overtime and Site Visits:

4.1 Staff members may be required to work beyond regular business hours to complete specific tasks or accommodate site visits. Overtime work will be compensated in accordance with applicable labour laws and company policies.

  1. Legal Employment Rights and Protections in Ireland:

5.1 Employees, as defined by Irish employment law, are entitled to various legal rights and protections. These include, but are not limited to, rights related to working hours, breaks, annual leave, and public holidays.

  1. Overtime Compensation:

6.1 Overtime will be compensated in compliance with local labour regulations and company policies. Details regarding overtime eligibility, rates, and approval processes will be communicated transparently to all staff members.

  1. Communication and Time Management:

7.1 Effective communication and time management are integral to the success of our remote work model. Team members are expected to collaborate responsibly, ensuring that deadlines are met and project milestones are achieved within the defined working hours.

  1. Performance Expectations:

8.1 Regardless of the remote nature of our work, all staff members are expected to meet performance standards and deliver high-quality results. Regular performance assessments will be conducted, providing constructive feedback and opportunities for professional development.

Methods of Communication

The company encourages open and transparent communication between staff members, clients and the organisation. For all communication-related matters, the primary contact details are as follows:

– Telephone: +353 83 169 1804

– Email: dylan.walsh@celticdynamics.com