Terms of Service
Last updated: 4 September 2025
Please read these Terms carefully. By using our website, contacting us, or purchasing any package or custom service, you agree to these Terms of Service (“Terms”). If you’re entering into this Agreement on behalf of a company or organisation, you represent that you have authority to bind that entity.
Who we are
- Trading name: olive-gnat-835556.hostingersite.com (“we”, “us”, “our”)
- Based in: Ireland
- Email: info@olive-gnat-835556.hostingersite.com
- Phone: +353-867807401
- Postal address: [Add your Irish business address]
- Scope and acceptance
- These Terms govern your use of our website and our professional services, including our packages (Landing, Bronze, Silver, Gold, Platinum) and any custom work.
- Your Proposal/Quote/Order (the “Proposal”) plus these Terms form the entire Agreement between you and us.
- If there is a conflict, the Proposal takes precedence over these Terms.
- Our services
We design, develop, and support websites and related digital assets. Packages outline typical inclusions (e.g., page counts, forms, e‑commerce features, support periods). The specific scope, deliverables, timelines, and price are defined in your Proposal. - Proposals and validity
- Proposals are usually valid for 30 days unless stated otherwise.
- Work is scheduled and resources are allocated only after we receive the initial payment/deposit as set out in your Proposal.
- Your responsibilities
You agree to:
- Provide timely access to people, content, accounts, brand assets, and approvals needed to deliver the project.
- Ensure you have the rights and licences for all content you supply (text, images, video, fonts, logos, data).
- Review and approve deliverables within the agreed timeframes. If we do not hear from you within 5 business days of a request for approval, we may treat the deliverable as approved to keep the project moving.
- Comply with applicable laws (GDPR, e‑commerce, consumer law, accessibility, tax, cookies, etc.) as they relate to your business and your site’s content/operation.
- Revisions and changes
- The number of revision rounds included is stated in your Proposal. Where not specified, up to 2 rounds of design revisions are included per major template/page type. Minor text/image swaps to a delivered page count as edits within a round.
- Change requests outside scope (additional pages, features, integrations, redesigns after approval, custom coding beyond package inclusions) will be estimated and billed as a change order at our current rates.
- If a change materially affects timeline or cost, we’ll seek your written approval before proceeding.
- Timelines and dependencies
- We’ll provide an estimated project schedule. Timelines depend on your timely inputs and approvals.
- If you delay content/approvals by more than 10 business days, the project may be paused and rescheduled based on our availability. A restart/rescheduling fee may apply.
- Time-sensitive campaigns must be flagged in writing; we cannot guarantee third‑party review/approval times (e.g., payment gateways, app stores).
- Fees, taxes, and currency
- All prices are in Euro (€). Unless stated otherwise, prices are exclusive of VAT and applicable taxes, which will be added at the prevailing Irish rate.
- Third‑party fees (domains, hosting, premium plugins, stock assets, email/CRM, payment processors, etc.) are your responsibility unless expressly included in your Proposal.
- Invoicing, deposits, and late payment
- Payment schedule is set out in your Proposal. Unless otherwise agreed in writing: 50% deposit to book the project, balance 50% due prior to launch or upon substantial completion (whichever comes first).
- Invoices are due within 7 calendar days of issue unless stated otherwise on the invoice.
- Late payment: we may charge interest and recovery costs in accordance with the European Communities (Late Payment in Commercial Transactions) Regulations (Ireland) and/or suspend work, remove access, or delay launch until payment is received.
- Any bank, card, or payment processor fees are your responsibility.
- Refunds and cancellation
- Deposits secure production time and are non‑refundable once we commence discovery/planning or reserve resources for your project.
- If you cancel after work has started, you’ll pay for work completed and committed costs up to the cancellation date. We’ll provide a summary on request.
- If we cancel for reasons other than your breach, we’ll refund any fees you paid for work not performed.
- Digital and bespoke services are not eligible for “change of mind” refunds once work commences.
- Acceptance, launch, and handover
- “Launch” means making the site publicly accessible at your domain or otherwise handing over final deliverables.
- Before launch, we’ll request your approval of the final staging version. Material defects (bugs preventing core functions as per scope) reported within 5 business days will be fixed as part of the project.
- After launch, a support period applies as per your package/Proposal (e.g., Bronze 90 days, Silver 6 months, Gold 12 months). Within this period we fix defects related to our work at no additional cost. New requests or changes are billable.
- Hosting, domains, and email
- Unless included in your Proposal, domain registration, DNS, email services, and hosting are not included. We can recommend providers or set them up for you as a paid service.
- If we provide hosting or manage hosting via a third party (e.g., Hostinger), we rely on their infrastructure and service levels. We cannot guarantee uninterrupted uptime or be liable for provider outages.
- If you host elsewhere, we are not responsible for server configuration, backups, security, or performance unless agreed in writing.
- Maintenance and updates
- Ongoing maintenance (updates, backups, monitoring) is included only if stated in your package/Proposal or maintenance plan.
- Plugin/CMS updates can occasionally cause conflicts. We’ll use reasonable care, but we cannot guarantee that third‑party updates will be issue‑free. Remediation outside an active support/maintenance plan is billable.
- Third‑party services and integrations
- We may integrate third‑party tools (payment gateways, booking systems, CRM, analytics, email marketing, etc.). You are responsible for creating/maintaining your accounts, paying fees, and complying with the provider’s terms.
- We are not liable for changes, downtime, data loss, or performance issues caused by third‑party platforms.
- E‑commerce specifics (Gold/Platinum)
- We implement shopping carts, payment gateways, inventory tools, and order flows as per scope. You are responsible for your products, pricing, taxes, shipping rules, refunds/returns, customer service, and legal compliance (consumer law, distance selling, VAT, PCI, etc.).
- We do not process or store full payment card details. Card data is handled by your payment processor under their security standards (e.g., PCI DSS).
- No guarantee of sales, revenue, or conversion rates is provided.
- SEO, performance, and results
- “Basic SEO” typically includes on‑page best practices (titles, meta descriptions, headings, alt text), crawlability and performance considerations within scope.
- We do not guarantee search rankings, traffic, or business outcomes. Search engines and ad platforms change frequently and are beyond our control.
- Intellectual property and licences
- You own: the final website output and content you supply, plus any bespoke design and code we create specifically for your project, once all fees are fully paid.
- We own: our pre‑existing materials, frameworks, components, internal tools, and know‑how. We grant you a non‑exclusive, perpetual licence to use these as incorporated in your site.
- Third‑party assets (templates, plugins, fonts, stock images) are subject to their own licences. Some items may require you to maintain your own licence to continue using them.
- You grant us a non‑exclusive, royalty‑free licence to use your name, logo, and project visuals for portfolio, case studies, and marketing unless you object in writing. We may include a discreet “Site by [brand]” credit link in the footer; we can remove it on request.
- Confidentiality
Both parties will keep non‑public information received from the other confidential and use it only to perform this Agreement, except where disclosure is required by law. - Data protection
- We handle personal data in accordance with our Privacy Policy.
- When we process personal data on your behalf (e.g., hosting/maintaining your site), you are the controller and we are the processor. On request, we will enter into a GDPR‑compliant Data Processing Agreement (DPA) covering processing instructions, security measures, sub‑processors, and international transfers.
- Security, backups, and restorations
- We use reasonable technical and organisational measures (e.g., HTTPS/SSL, access controls).
- Unless your plan includes managed backups, you are responsible for implementing and monitoring backups. Restoration work is billable unless included in your plan.
- No method is 100% secure; we cannot guarantee absolute security.
- Warranties and disclaimers
- We warrant that our services will be provided with reasonable care and skill and substantially as described in your Proposal.
- Except as expressly stated, we provide services “as is” and disclaim all other warranties, express or implied (merchantability, fitness for a particular purpose, non‑infringement).
- Limitation of liability
- To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, loss of profits, revenue, data, goodwill, or business interruption.
- Our total aggregate liability arising out of or related to this Agreement is limited to the total fees paid by you to us for the specific project/services giving rise to the claim in the 12 months preceding the event.
- Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under Irish law.
- Indemnity
You agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising out of: (a) content you provide; (b) your breach of these Terms; (c) your misuse of the services; or (d) your violation of laws or third‑party rights. - Suspension and termination
- We may suspend services for non‑payment, security risk, or misuse. We will notify you where reasonably possible.
- Either party may terminate for material breach if not cured within 10 business days of written notice.
- On termination, you’ll pay for all work completed and committed costs. We may retain work‑in‑progress until payment is received.
- Subcontractors
We may use vetted subcontractors or partners to deliver parts of the project. We remain responsible for the work performed by our subcontractors. - Force majeure
Neither party is liable for delays or failures caused by events beyond reasonable control (e.g., outages, DDoS, pandemics, strikes, war, government action, natural disasters). We’ll resume performance as soon as practicable. - Governing law and jurisdiction
These Terms and any non‑contractual obligations are governed by the laws of Ireland. The courts of Ireland have exclusive jurisdiction, subject to the “Dispute resolution” clause below. - Dispute resolution
If a dispute arises, the parties will first use good‑faith efforts to resolve it by discussion between senior contacts. If not resolved within 20 business days, either party may propose mediation in Ireland. If unresolved, either party may pursue court proceedings in Ireland. - Changes to these Terms
We may update these Terms from time to time. We will post the updated version on this page with the “Last updated” date. Material changes may be communicated by email or banner notice. Continued use of our services after changes take effect constitutes acceptance. - Website use and acceptable use
You agree not to misuse our site (e.g., attempt to gain unauthorised access, introduce malware, or engage in scraping/spamming). We may block or report misuse. - Notices
Official notices must be sent by email to the addresses below or to another address we designate in writing.
- Email (us): info@olive-gnat-835556.hostingersite.com
- Email (you): the address in your Proposal or the one you last provided to us
Notices are deemed received on the business day sent, if sent during business hours in Ireland.
- Entire agreement and severability
- These Terms and your Proposal constitute the entire agreement and supersede prior discussions.
- If any part of these Terms is held invalid or unenforceable, the remaining parts remain in full force and effect.