Terms & Conditions
These terms apply to anyone engaging Whelan Web Design (“we”, “us”, “our”) for web design, development, marketing, hosting, or related services. By engaging us — whether through a signed proposal, accepted quote, or paid invoice — you (“the client”, “you”) agree to the terms below.
These website terms are a summary of our standard service agreement. A full Service Agreement and Data Processing Agreement will be provided and signed when you engage us for a project, and that signed agreement takes precedence over what’s published here.
1. Our services
We offer the following services, either as one-off projects or ongoing plans:
- Website design and development (WordPress, WooCommerce, Shopify, custom builds)
- Google Ads, social media, LinkedIn, TikTok and outbound marketing
- SEO and email marketing
- Website support, maintenance, hosting, domains and DNS
- Ad-hoc work in hourly blocks or recurring monthly hours
The exact scope of what we’ll deliver for you is set out in your proposal or Statement of Work.
2. Quotes and pricing
Quotes are valid for 30 days from issue. Prices are in Euro (€) and exclude VAT unless stated. Hourly rates and project fees are agreed individually with each client and confirmed in your proposal or Service Agreement. Out-of-hours work (before 9am, after 5pm, weekends, bank holidays) is billed at a higher rate, which will be confirmed in advance.
Project fees are typically split across milestones (deposit, mid-project, and final payment before launch). The exact split will be set out in your proposal or Service Agreement.
3. Payment terms
Invoices are payable within 14 days of issue. We accept bank transfer, GoCardless direct debit, or card via Stripe or PayPal.
Late payments incur interest on the overdue balance, as set out in your Service Agreement. If an invoice is more than 14 days overdue, we may suspend the relevant service until payment is received. Suspension does not entitle you to a refund or compensation for downtime.
We do not issue refunds on completed work. Chargebacks initiated against valid invoices will be treated as a breach of contract and may incur an administrative fee on top of the disputed amount.
4. Your responsibilities
For projects to run smoothly, you agree to:
- Provide content, feedback and approvals within 3 working days (unless otherwise agreed)
- Share access credentials securely (we recommend using our secure portal at secure.whelanwebdesign.com or adding our team as individual users with 2FA where possible)
- Test all work before it goes live — once deployed, work is considered accepted
- Maintain your own backups of any data or content provided to us
- Ensure any content, images, or branding you supply is legally yours to use
We’re not liable for any consequences arising from inaccurate content, missed approvals, or insecure credential sharing on your side.
5. Revisions and scope
Your project includes two rounds of revisions. Additional revisions, or any work that falls outside the agreed scope, will be quoted separately or billed at our standard hourly rate.
Once design or development work has been signed off, any further changes are chargeable.
6. Timelines
Any project timeline we provide is an estimate. Delivery dates depend on you providing content, feedback and approvals on time. Delays caused by late responses, scope changes, or third-party tools are outside our control and may shift the schedule.
7. Ownership and intellectual property
Once your project is paid for in full, the website or deliverables we’ve built specifically for you become yours. However:
- Open-source software (WordPress, WooCommerce, etc.) and third-party plugins remain governed by their own licences
- Our internal tools, frameworks, processes and templates remain ours
- We may reuse non-exclusive elements of the work in future projects
We retain the right to display the work in our portfolio and place a small credit link in the footer of your site unless you specifically request otherwise in writing.
8. Third-party services
A lot of what we do depends on third-party platforms — Shopify, WordPress, Google Ads, Meta, hosting providers, plugins, APIs, and so on. We’re not responsible for:
- Downtime, outages, or performance issues caused by third parties
- Changes to platform policies, algorithms, pricing, or features
- Plugin or app conflicts, bugs, or security issues
- Account suspensions or ad rejections by Google, Meta, LinkedIn, etc.
- Costs of third-party licences, subscriptions, or premium plugins (these are your responsibility)
If we purchase third-party tools on your behalf, we charge cost plus 15%.
9. Marketing services — no guarantees
Marketing results depend on factors well outside our control: competition, market conditions, platform algorithms, ad costs, and your own product or offer. We use our experience and best practice to give you the best chance of success, but we don’t guarantee specific rankings, traffic, leads, conversions, or return on investment.
You’re responsible for monitoring your own ad spend. We’re not liable for unexpected overspend caused by platform errors, payment issues, or unauthorised account access.
10. Hosting, domains and SSL
If you take hosting, domains, DNS, or SSL through us:
- Hosting is provided through third-party data centres. We don’t guarantee 100% uptime
- You remain the legal owner of any domain registered on your behalf, provided fees are paid
- Renewal fees are your responsibility — late renewals may incur an administrative fee on top of registry costs
- Hosting fees, domain fees, and SSL certificates are non-refundable once provisioned
- Hosting plans don’t include website maintenance unless you’ve taken a separate maintenance plan
11. Maintenance and support plans
If you’re on one of our support plans, the included monthly hours are detailed in your plan. Work beyond those hours is billed at our standard hourly rate. Unused hours don’t roll over unless you’re on a Rolling Monthly Hours plan.
Response times for support are based on issue priority — critical issues (site down, security breach) get a fast response, with resolution targeted as quickly as possible. Lower-priority issues are scheduled accordingly. Specific SLA targets are set out in your service agreement.
12. Confidentiality
We treat anything you share with us as confidential and will only disclose it where strictly necessary to deliver the work, or where required by law. We may use your business as a case study or for portfolio purposes unless you ask us not to
13. Data protection
We act as a data processor for any personal data we handle on your behalf, and you remain the data controller. A separate Data Processing Agreement (DPA) is included as part of our service agreement and sets out our GDPR obligations in detail.
14. Termination
You can cancel any service with 30 days’ written notice. If we terminate due to non-payment, abusive conduct, or breach of these terms, you remain liable for any unpaid fees and ongoing ad spend up to the termination date.
We’re not obligated to transfer ownership of advertising accounts, hosting environments, or third-party tools set up under our credentials. A structured handover can be arranged for an additional month’s service fee, provided all outstanding invoices are settled.
15. Liability
Our total liability for any claim is capped at the total fees you’ve paid us in the three months before the claim arose. We’re not liable for indirect, consequential, or special damages — including lost profits, reputational damage, or business disruption.
We’re not liable for issues caused by force majeure events, third-party platform failures, hacking, or factors outside our reasonable control.
16. Non-solicitation
You agree not to directly hire or engage any of our staff, contractors, or subcontractors during the term of our engagement and for two years afterwards.
17. Disputes
Any dispute will first be addressed through our internal escalation process (project manager → senior management → director). If unresolved, both parties agree to attempt mediation in Waterford or by video call before pursuing legal action.
18. Governing law
These terms are governed by the laws of Ireland, and any legal proceedings will be brought exclusively in the Irish courts.
19. Changes to these terms
We may update these terms from time to time. The current version will always be published on this page with the “last updated” date at the top.
Company details
Create For The Web LTD T/A Whelan Web Design
Registered Irish company number: 551620
Registered address: Unit 4F, Six Cross Roads Business Park, Waterford, X91 PY53, Ireland
Get in touch
Questions about these terms? Email us at info@whelanwebdesign.com and we’ll come back to you.
