Application and entire agreement

1. These Terms and Conditions apply to the provision of services ("Services") detailed in our quotation by Claddagh Creative, a company registered in England and Wales under number 13618891, whose registered office is at 17 Erlesmere Avenue, Denton, Greater Manchester, M34 3FD ("we," "us," or "Supplier") to the buyer ("you" or "Client").
2. These Terms and Conditions will be deemed accepted by you when you accept them or the quotation, or from the date of any delivery of the Services (whichever happens earlier), and will constitute the entire agreement ("Contract") between us and you.
3. These Terms and Conditions, together with the quotation, apply to the provision of Services to the exclusion of any other terms you may seek to impose or incorporate or which may be implied by trade, custom, practice, or course of dealing.

Interpretation

1. A "business day" means any day other than a Saturday, Sunday, or bank holiday in England and Wales.
2. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
3. Words imparting the singular number include the plural and vice-versa.
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Services

1. The description of the Services is set out in our proposal or sales documentation unless expressly changed in our quotation. By accepting the quotation, you acknowledge that you have not relied upon any other statements or representations about the Services.
2. We may make reasonable changes to the scope of the Services where required to comply with applicable regulations or as agreed with you.

Price and Payment

1. The price ("Price") for the Services is set out in our quotation or as otherwise agreed in writing.
2. If additional work outside the agreed scope is required, we will provide an updated quotation or written agreement before proceeding with any additional Services.
3. We will invoice you:a. Upon completion of the Services; orb. In line with any agreed payment schedule detailed in the quotation.
4. You may be entitled to discounts. Any and all discounts will be at our discretion.
5. You must pay all invoices within 7 days of the invoice date unless otherwise agreed in writing. Time for payment is of the essence of the Contract.
6. All payments must be made in British Pounds unless otherwise agreed.
7. The Price is inclusive of VAT unless otherwise stated.
8. If payment is not made by the due date, we may suspend Services, and any late payment fees or interest charges will be outlined in the Contract.

Cancellation and alteration

1. Either party may request alterations to the Services. Any agreed changes, including price adjustments, will be confirmed in writing.
2. Once the Services have commenced, you may cancel them by providing 30 days' written notice, unless otherwise agreed by both parties in writing. The full Price will remain payable for Services delivered up to the end of the notice period.
3. We reserve the right to cancel the Contract if unforeseen circumstances prevent us from delivering the Services, in which case we will refund any payments made.

Delivery of Services

1. We will provide the Services with reasonable skill and care and in accordance with the agreed timeline.
2. Any timelines or delivery dates provided are approximate and subject to change based on your cooperation, revisions, or unforeseen circumstances.
3. Delays caused by your failure to provide necessary information, approvals, or access will not constitute a breach of the Contract on our part.

Intellectual Property and Deliverables

1. Unless otherwise agreed, all intellectual property rights in materials, resources, or assets created during the provision of Services ("Deliverables") will remain our property until full payment is received. We reserve the right to retain copies of the Deliverables for portfolio, marketing, and legal purposes.
2. Upon receipt of full payment, we grant you a non-exclusive, perpetual license to use the Deliverables for their intended purpose.
3. You may not modify, resell, or distribute Deliverables without our prior written consent.
4. We retain the right to showcase Deliverables in our portfolio or marketing materials unless otherwise agreed in writing.
5. Any third-party materials used in Deliverables will remain the property of their respective owners, and it is your responsibility to ensure you have appropriate permissions or licenses for their use.
6. Digital resources purchased from our website ("Resources") are sold under a personal, non-transferable license. These Resources may not be shared, distributed, or resold without our prior written permission.
7. Due to the nature of digital products, all sales are final. Refunds or exchanges will only be provided if the product is defective or not as described.
8. Digital resources will be available for download upon receipt of payment. It is your responsibility to ensure successful download and storage of the product.
9. We do not guarantee compatibility of digital resources with all devices or software. Technical support is available for download issues; contact hello@claddaghcreative.com for assistance.
10. All digital resources remain the intellectual property of Claddagh Creative. Purchasing a resource grants a license to use it as specified but does not transfer ownership.
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Revisions and Scope of Work

1. The scope of work for the Services and terms of revisions will be outlined in the agreed Contract.
2. Any revisions beyond the agreed terms will be chargeable at our standard hourly rate or as otherwise agreed in writing.
3. Requests for revisions must be submitted within the timeline specified in the Contract unless otherwise agreed.
4. Any changes to the scope of work may result in an updated quotation and timeline.

Limitations of Liability

1. Our liability for any loss or damage arising from the Contract is limited to the total amount of the Price.
2. We are not liable for indirect, consequential, or special damages, including loss of profits, data, or business opportunities.
3. We do not guarantee specific outcomes from the Services, as these depend on external factors beyond our control.
4. Nothing in these Terms and Conditions limits liability for death or personal injury caused by negligence or fraud.

Data Protection

1. Both parties agree to comply with applicable data protection laws, including GDPR.
2. You are responsible for obtaining consent for any personal data shared with us for processing during the provision of Services.
3.Personal data provided by you may be processed for purposes such as delivering Services, analytics, improving customer experience, and sending communications related to the Contract or as otherwise agreed.
4. We may use third-party tools and platforms (e.g., email marketing services, analytics software) to process personal data securely and in compliance with applicable data protection laws. A list of third-party tools can be provided upon request.
5. Personal data will be retained only for as long as necessary to fulfil the purposes of the Contract or as required by law.
6. For more information on how we handle personal data, please refer to our Data Protection Policy available on our website. Queries may be directed to hello@claddaghcreative.com.
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Force Majeure

1. Neither party will be liable for delays or failure to perform obligations due to events beyond their reasonable control, including natural disasters, strikes, or government actions.

Termination

1. We may terminate the Contract by providing 30 days' written notice if unforeseen circumstances prevent us from delivering the Services, or immediately if: a) You fail to pay any amount due under the Contract; b) You materially breach these Terms and Conditions and fail to remedy the breach within 14 days of written notice; c) You become insolvent or subject to bankruptcy proceedings.
2. Upon termination, all outstanding fees for Services delivered up to the termination date or the end of the notice period will be immediately payable.

Dispute Resolution

1. In the event of a dispute arising from the Contract, both parties agree to attempt to resolve the matter amicably through informal negotiations.
2. If the dispute cannot be resolved through informal negotiations within 30 days, the parties agree to engage in mediation through a mutually agreed-upon mediator before pursuing legal action.
3. Any legal proceedings arising from the Contract will be subject to the exclusive jurisdiction of the courts of England and Wales.

Notices

1. All notices must be in writing and sent to the addresses provided in the quotation or most recent correspondence.
2. Notices sent by email will be deemed received on the next business day after transmission.

Governing Law and Jurisdiction

1. These Terms and Conditions are governed by the laws of England and Wales.
2. Disputes arising under the Contract are subject to the exclusive jurisdiction of the English and Welsh courts.
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