Terms & Conditions
Terms and Conditions
1. About these Terms and Conditions
It is agreed between all parties that these Terms and Conditions shall to all services supplied by Megnificent Creative (inclusive of, but not limited to, website design, web development, graphic design and logo design) and constitute a legally binding agreement between all parties including any attached documents or separately agreed.
2. Definitions Used
“Client” refers to the party using the services of Megnificent Creative.
“We” “Our” “Us” or “The Company” refers to Megnificent Creative.
It is not a necessity for any Client, or other party, to have accepted and signed these terms and conditions for them to be applicable. The acceptance in writing of a quote or estimate from us will be deemed to have satisfied the Client as to the terms applying and be accepting of these terms and conditions in full. Please read these terms and conditions carefully.
3. About Us
Megnificent Creative provides web design, web development, graphic design and branding design. We can be contacted directly by email to firstname.lastname@example.org.
Titles and paragraph headings/sub headings are for formatting purposes only. Unless the context states otherwise, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
References to any statute or statutory provision shall, unless the context states otherwise, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature or acceptance of the proposal or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment in part or full is an acceptance of these Terms and Conditions.
Charges for services to be provided by Megnificent Creative are defined in the project estimate or quotation that the Client receives via email or shared cloud-based area. Quotations are valid for a period of 30 days. Megnificent Creative reserves the right to amend or decline to provide a quotation after expiry of the 30 days.
A minimum charge of 1 hour applies for all services.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the project production commences and before work is supplied to the Client for initial review. The balance of the project quotation total due upon completion of the work, prior to the launch of the website or release of materials/final files.
Payment for all services is due by bank transfer. Bank details will be made available on invoices via Wave Accounting.
For all projects, we require the Client to provide content; text, images as specified in the quote and subsequent communications. The Client accepts that any delay in providing these will have an impact on the agreed project timeline and Megnificent Creative cannot guarantee any previously agreed delivery dates if delays in Client provision take place.
Megnificent Creative will launch and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with the Client upon Megnificent Creative receiving final payment, unless a delay is specifically requested by the Client and agreed by Megnificent Creative.
Megnificent Creative reserves the right to charge a late supply fee if the delivery of assets does not meet the agreed deadlines.
8. Standard Media Delivery
Unless otherwise stated in the project quotation, proposal or estimate, this service Agreement assumes that any text (copy) will be provided by the Client in electronic format to ensure copy and pasting capabilities and that all photographs and other graphics will be provided electronically in high quality. The following formats for images are accepted in .gif, .jpeg, .png .pdf or .tiff. The Client is responsible for ensuring the correct copyright and usage rights are adhered to in all instances of photography and other graphics. In the rare occasion that physical items with images or files are provided, every reasonable attempt shall be made by Megnificent Creative to return to the Client any physical images or printed material provided for use in creation of the Client’s website, although such return cannot be guaranteed.
9. Amendments and Revisions
9.1 Logo Design Revisions:
Unless otherwise agreed, Client logo design quotations include the amount of revisions stated within the package details found on the this page. Further amendments and revisions will be handled at the discretion of Megnificent Creative and may incur additional time and fees.
9.2 Website Design Revisions:
Unless otherwise agreed, Client website design quotations include the amount of revisions stated within the package details found on the this page.
Once the wireframe design has been signed off, any request to change the structure or layout of key pages will incur additional fees.
9.3 Content Revisions:
Stated within your proposal and in these Terms and Conditions, Megnificent Creative includes one round of amends, unless otherwise stated, of the content, copy, text, images and other content of your website. Further edits and changes will be handled at the discretion of Megnificent Creative and may incur further time and costs.
10. Client Review
Megnificent Creative will provide the Client with an opportunity to review the appearance and content of the creative work, if a timeline has been agreed prior to this then these timings will be adhered to. Upon completion of the work, such materials will be deemed to be fully accepted and approved by the Client unless the Client informs Megnificent Creative otherwise within five (5) working days of the project launch or the date the materials are made available to the Client.
11. Post-placement Alterations
Megnificent Creative cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
The Client is responsible for complying with all relevant laws relating to e-commerce, including payment providers and any product exclusions, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Megnificent Creative and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from the Client’s (or your clients’) use of Internet electronic commerce.
13. Supported Web Browsers
Megnificent Creative works predominantly within the WordPress & Shopify platforms which therefore means that we can only offer browser and device support according to the support the WordPress & Shopify platforms itself provides.
Where custom coding is applied to the WordPress & Shopify website, Megnificent Creative will fully test these features on Chrome and Safari, plus Chrome and Safari’s mobile browsers. The Client understands that different browsers may display elements of the design differently and agrees that Megnificent Creative cannot guarantee correct functionality with all browser software across different operating systems and devices.
In the case of non-Wordpress & Shopify websites, specific terms and conditions relating to individual platforms will be supplied to the client before the project commences.
Megnificent Creative cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been launched and handed over to the Client. As such, Megnificent Creative reserves the right to charge for any work required to update the website design or website code for it to work with updated browser software.
14. Search Engine Ranking and SEO
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation (SEO) according to current best practice.
15. Design Credit
The Client agrees that any branding or website developed for the Client may be presented in Megnificent Creative’ portfolio and social media unless otherwise agreed via email. Opt-out must be sent in writing, within 7 days of project completion.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Megnificent Creative the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Megnificent Creative permission and rights for use of the same and agrees to indemnify and hold harmless Megnificent Creative from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. Acceptance of these Terms and Conditions shall be regarded as a guarantee by the Client to Megnificent Creative that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
17. Retention of Content
Digital files are held by Megnificent Creative for twenty eight (28) days following project completion and launch. Upon project hand-over, any assets created by Megnificent Creative for the Client will be transferred electronically to the Client for archiving safely. All responsibility for storage of assets after twenty eight (28) days of project completion shall transfer to the Client for archiving and safety. After this date Megnificent Creative has no further responsibility regarding the storage of content on behalf of the Client.
The accounts email address is email@example.com. Invoices will be issued by Megnificent Creative via email; however, the Client may choose to receive hard copy invoices. Invoices are due by dates stated (within seven (7) days) unless otherwise agreed. Accounts that remain unpaid twenty eight (28) days after the date of the invoice, unless otherwise agreed, will incur a service charge in the amount of the higher of one and one-half percent (1.5%) or €70 per month of the total amount due.
19. Additional Expenses
All platform fees, domain fees, email hosting fees and other associated third-party costs are the responsibility of the Client. The Client agrees to reimburse Megnificent Creative for any additional expenses necessary for the completion of the work within seven (7) days after launch and/or handover of materials.
20. Default Accounts
Accounts unpaid twenty eight (28) days after the date of invoice will be considered in default. If the Client in default holds any information or files on Megnificent Creative’ storage or webspace, Megnificent Creative will, at its discretion, remove all such material. Megnificent Creative is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges associated to the Client’s account. Clients with accounts in default agree to pay Megnificent Creative reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Megnificent Creative in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone, or requests by other means, for termination of services will not be honoured until confirmed in writing. The Client will be invoiced for design or development work completed to the date of first notice of cancellation for payment in full. This payment must be made within seven (7) days before the release of any assets if applicable.
All Megnificent Creative services may be used for lawful purposes only. You agree to indemnify and hold Megnificent Creative harmless from any claims resulting from your use of our service that damages you or any other party.
23. Third Parties
No part of these terms and conditions shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
24. Data Protection
The Company acts as a Data Controller in relation to services supplied under these Terms and Conditions and the person responsible for data protection matters is Meg O’Gara.
Under data protection legislation, data subjects have the right to access any data personal data kept by Megnificent Creative through a Subject Access Request (SAR). If you wish to invoke this right, you should email us at firstname.lastname@example.org.
As permitted under data protection legislation we will store personal data only for as long as necessary and for legitimate purposes. We do not pass personal data to any third parties except where lawfully permitted. Personal data is not sold to any third party.
We retain the right to respond to legal requests as necessary.
25. Force Majeure
Megnificent Creative shall not be liable for any failure or delay in performing the obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, or governmental action.
26. Entire Agreement
The Client accepts that they shall not rely on any representation, warranty or other provision except as expressly provided in these Terms and Conditions. All conditions, warranties or other terms implied by statute or common law are excluded as fully permitted by law.
Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
Megnificent Creative hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Megnificent Creative to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
29. Jurisdiction and Governing Law
These Terms & Conditions and all disputes, whether contractual or otherwise, arising out of or in connection with them are governed by and shall be construed in accordance with the laws of Scotland and each party submits to the exclusive jurisdiction of the Irish courts.