Effective portal legal notice

Portal terms

1. About these terms

Plean Ahead is a private client portal operated by Frank O Reilly T/A PROFE ("PROFE", "we", "us" or "our"), Spiddal Main Street, Ireland. These terms govern the use of the portal by invited clients and their authorised users. They do not, by themselves, appoint PROFE to provide professional services.

In these terms, "Client" means the person or organisation to whom PROFE provides or proposes to provide services; "Authorised User" means an individual invited or approved to access that Client's information; and "Project Record" means the information, files, messages and status entries held for a project.

2. Acceptance and authority

An invitation is personal to the named recipient and must not be transferred. By creating an account and accepting these terms, you confirm that you are at least 18 years old, that the information you provide is accurate, and that you are authorised to act for the relevant Client where applicable.

We record the version accepted and the date of acceptance. Material changes will be identified clearly and may require fresh acceptance before further use. Acknowledging the Privacy Notice confirms that it was made available to you; it is not consent to processing that relies on another lawful basis.

3. The portal and the professional engagement

The portal is a communication and document-sharing facility for project stages, updates, drawings, photographs, documents, questions and administration. It is not an emergency channel, a public record, or a substitute for the Client's signed professional appointment, engagement letter or other contract for services.

Scope, fees, deliverables, professional duties, insurance, ownership and permitted use of professional work, formal notices, liability and termination are governed by the separate engagement. If these portal terms conflict with that engagement on a professional-services matter, the signed engagement prevails. Nothing in these terms reduces any mandatory consumer or other statutory right.

4. Status information and document control

Stage labels, target dates, percentages and informal updates are communication aids. Unless expressly confirmed in an agreed formal document, they are not certificates, statutory notices, planning permission, building-control approval, professional opinions, warranties or confirmation that a legal or technical requirement has been met.

A portal preview may not preserve every layer, scale, font, measurement, colour or feature of an original file. The approved original and the document-control procedure agreed for the engagement remain authoritative. Do not rely on previews for measurement, setting-out, construction or safety-critical decisions.

5. Accounts and security

Each person must use their own account, protect their credentials and devices, use a strong unique password, complete any required multi-factor authentication, and keep their contact details current. Shared accounts and transferred invitations are prohibited.

Report suspected compromise, misdirected invitations, accidental disclosure or unauthorised use without undue delay to eoin.profe.eng@gmail.com. We may reasonably verify identity or authority and temporarily restrict access while investigating a security or confidentiality concern.

6. Acceptable use

You may use the portal only lawfully, in good faith, and for the Client and project for which access was granted. You remain responsible for activity carried out through your account unless you have notified us that it may be compromised.

  • Do not access, use or disclose another person's account, project or file without authority.
  • Do not upload malware, executable code, unlawful or infringing material, excessive data or content unrelated to the engagement.
  • Do not probe, scan, reverse engineer, disrupt, overload or bypass the portal's security, access controls or audit functions.
  • Do not share private links or leave downloaded material accessible on shared or unmanaged devices.

7. Your uploads and intellectual property

When you upload a drawing, CAD file, PDF, photograph, report, message or other material, you confirm that you are authorised to provide it and that its use for the engagement does not unlawfully infringe another person's rights or breach a duty of confidentiality.

You or the relevant rights holder retain ownership. You grant PROFE a non-exclusive, royalty-free licence to host, copy, display, technically adapt, back up and otherwise use the material only as reasonably necessary to operate the portal, perform or administer the engagement, comply with law, and establish, exercise or defend legal claims.

PROFE and its licensors retain rights in the portal, branding, software and PROFE materials. Rights in professional deliverables are governed by the engagement. Portal access does not grant any additional licence to copy or use professional work.

8. Confidentiality, messages and formal notices

Project information is restricted to authorised PROFE personnel and users assigned to the relevant project, subject to lawful disclosure. The Client must tell us promptly when a user's authority ends or changes.

Portal messages support ordinary project communication. They are not formal instructions, variations, approvals, certificates or legal notices unless the engagement expressly permits that method and the message satisfies its requirements. Safety emergencies must be reported immediately to the appropriate emergency service or public authority and through any project procedure required by the engagement.

9. Availability and changes to the service

We take reasonable steps to keep the portal available and secure, but do not promise uninterrupted or error-free operation. Access may be limited for maintenance, security, legal compliance or circumstances outside our reasonable control. We will take reasonable steps to minimise disruption and to preserve the Client's rights under the engagement.

We may improve or replace portal functions where this does not materially reduce an agreed service. A change to portal functionality does not amend the signed professional engagement.

10. Suspension, closure and retained records

We may suspend or revoke access where authority ends, an account appears compromised, these terms are materially breached, continued access creates a security or legal risk, or the engagement ends. Where reasonably possible, we will explain the restriction and provide an opportunity to address it. Immediate restriction may be necessary to protect people, confidential information or systems.

Closing an account does not automatically delete Project Records that must be kept under the Privacy Notice, the engagement, professional or insurance requirements, or a legal hold. A Client may request an export or exercise applicable data rights through the contact below.

11. Privacy and security

Personal data is handled as described in the Privacy Notice. Security measures include individual authentication, role and project authorisation, database-level tenant isolation, private file storage, short-lived authorised download links, controlled release and audit records. No internet service is completely secure, and users must protect their credentials, devices and downloaded copies.

12. Responsibility and statutory rights

Nothing in these terms excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any mandatory consumer right. Nothing limits a person's right to take legal action or use a lawful remedy.

To the extent permitted by law, PROFE is not responsible for loss caused solely by a user's unauthorised sharing, insecure device, deliberate misuse, failure to follow a clear security instruction, incompatible third-party software, or an event outside PROFE's reasonable control. Professional-services liability remains governed by the signed engagement and applicable law; these portal terms do not create a separate monetary cap or expand professional duties.

13. General

If any part of these terms is found unenforceable, the remaining terms continue to apply so far as legally possible. A delay in enforcing a term is not a waiver. You may not transfer your account or rights under these portal terms; this does not prevent a Client from exercising rights under the engagement or applicable law.

These terms are governed by Irish law. The Irish courts have jurisdiction, but a consumer retains any mandatory right to bring proceedings in another competent court. Questions or complaints may be sent to eoin.profe.eng@gmail.com or Frank O Reilly T/A PROFE, Spiddal Main Street, Ireland.