In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into something that you might later regret. What we do want is what’s best for both parties, now and in the future.

So in short; You (customer) (“You”) are hiring us (ImpulseHub) (“We or Us”) for one of our services. These include:

Design and develop a web site
Digital marketing
Technical support
Hosting of Strikingly Website

Of course it’s a little more complicated, but we’ll get to that.

What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.

GETTING DOWN TO THE NITTY GRITTY

Website Design & Development
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs using Strikingly, a popular website builder. We may use visuals to indicate a creative direction (colour, texture and typography.) These include a mood board and wireframe.

You’ll have opportunities to review the work and provide feedback. We’ll either share a Google Drive or Shelf.io folder and we’ll have regular contact.

If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.

Text content
Unless agreed separately, we’re not responsible for inputting text or images into your content management system or creating every page on your website. We provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we can provide a separate estimate for that.

Graphics and photographs
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you would like stock photographs, we can supply a reasonable number at no charge (this will be detailed in each client contract). If you would like premium stock photos, these are available for a separate charge and we can provide an estimate for that.

Browser testing
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

We test our work in current versions of major desktop browsers including Google Chrome, Microsoft Edge, and Mozilla Firefox. We won’t test in other older browsers unless we agreed separately. If you have other requirements, we can provide a separate estimate for that.

Mobile browser testing
Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. All our websites are mobile responsive.

Website Hosting

We are a reseller for Strikingly and can provide website hosting for Strikingly built websites. Strikingly has an excellent record of availability for hosted sites. However, technology is not perfect and problems do occur. We take no responsibility for business loss due to website outages of any kind. For other interruptions of business services, we will help you to get your business back online as quickly as possible.

If the business interruption is outside of our control (i.e. from actions that Google might take, Internet attacks, or anything else), we will do our best to get you back online, however, you will be charged at the prevailing support rate for technical support. If the interruption is due to something that we have done, you will not be charged for this work. We want to help and will work with you in any case so this does not become a problem and you can focus on your business.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY US, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Technical support
Technical support can be provided if we have the required skills. If not, we can help you to get the support you need.

Search engine optimisation (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop come with Basic SEO tasks done. These web pages are accessible to search engines.

Changes and revisions
We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional weeks.

Website Information

We do our best to provide up to date and relevant information on all our websites, this one and other ImpulseHub websites (e.g., Website In An Hour). As professionals we stay up to date with what's happening in the industry. However, mistakes can be made and technology changes quickly. So, although we are confident in providing relevant information on our websites, no guarantee is provided as to the accuracy of the information or the relevancy to your business. You should do your own checks to make sure that you are happy with the information provided.

Website Training

We do our best to provide the highest quality of training and all website training is based on using the Strikingly platform. All advice and guidance given by our professional trainers is given with the best technical knowledge at that time and also based on information that the client may supply. We do our best to provide you with information that is current and relevant but no responsibility will be taken for any misunderstanding that may arise.

Payments for training are taken when booked. These are fully refundable with 48 hours of booking a class for any reason whatsoever. We do hope that everyone who books a course will be able to attend. We know that sometimes things come up and this is unavoidable. We will offer a full credit (for the amount paid) towards a future course if you need to change a booking outside of this time unless the change is made within 48 hours of the class. In this case no refund is available as we incur many of our own costs at this late stage.

Legal stuff
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Phew.

Intellectual property rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

You’ll own the website we design for you plus the visual elements that we create for it. We’ll set you up so that you have direct access to your website from a Strikingly dashboard. You should keep you website safe and update it at your own risk. We are not required to keep a copy of your site. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

Payment schedule
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to our payment schedule.

We issue invoices electronically. Our payment terms are 10 days from the date of invoice by BACS or the SWIFT international payments system or by paypal. All proposals are quoted in euros and payments will be made at the equivalent conversion rate at the date the transfer is made.

You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge interest on all overdue debts at the rate of 10% per month or part of a month.

But where’s all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Ireland and, where work is done in the US, in the US.

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