The following terms and conditions apply to the provision of services (web design, website maintenance, web hosting) purchased from Dunne Gets It Done Ltd. (hereinafter “we”, “our”, “us” and “FlyingFish.ie”).
Terms of Service
We provide our clients with standalone project work and a variety of recurring services on a monthly or annual basis (for example website maintenance for a WordPress website, as in the Essential Monthly Maintenance package). These recurring services help to ensure our client websites keep running smoothly and stay secure. We do our best to be available to help with any urgent issues and to provide advice and support where possible.
Should you engage us in the provision of services, these will be governed by the below Terms and Conditions and/or a signed contract. Agreed Terms of Service may also be outlined in proposal emails, shared documents or outlined within invoices. These terms are deemed accepted upon payment of an initial invoice.
Our work is limited to the responsibilities outlined in such documents. For recurring services, services will automatically be renewed upon an agreed-upon fixed-term basis unless one or both parties choose to give 30 days Notice of Termination (see below section).
At a minimum, we are responsible for ensuring websites we maintain receive regular:
- Updates (with backups and testing where required) of your website’s WordPress system, site theme, security add-ons and plugins.
- Health checks of website and server, with improvements or recommendations made when needed / they become available.
- Monitoring of website security, with alerts set up and actions taken when necessary.
- Support and advice (with priority given to urgent issues).
Depending on the service a client has engaged use for there may be additional responsibilities. These will be set out in a contract and/or listed in invoices.
In addition, clients can also benefit from:
- Our latest insights and learnings on new website innovations, tools and technologies. Occasionally, we may be able to apply these directly to your website to help you stay ahead of competitors.
- Should your theme be built with the Divi framework: access to all Divi theme updates via our Divi developer license (an individual Divi theme license normally costs around $100 USD per year).
- Reduced rates for any additional work on your website.
Hours of Operation
Our hours of operation are Monday to Friday from 09:00 until 17:00 GMT. Our office is closed on weekends, in addition to all Irish statutory holidays and the two weeks around the 25th of December and the 1st of January. If our office is ever closed for additional hours we will give advance notice. Written requests or emails outside of these hours will be answered within three business days of our office re-opening.
For urgent matters taking place outside of these hours, our business number is always available, either to speak to us directly or to leave a voice message. While we cannot guarantee 24/7 support we will always respond to any urgent queries as quickly as we can.
We endeavour to respond to all messages within 3 working days or less (or within 1 if urgent). To help us process messages as quickly as possible, our preferred methods of communication are as follows:
Feedback system – for new requests or site adjustments:
We will provide a website feedback tool for clients who need to submit frequent requests for work on their website or to report any bugs or issues. This can be installed on your site when we first start work.
Email or phone – for urgent issues & all other queries:
An urgent issue is defined as anything that is preventing your website from functioning and cannot wait to be fixed. For example, your website going down or key functionality breaking.
Please email us with the word URGENT in the subject and we will prioritise it. Outside of our business hours, if an issue cannot wait until the next business day, you should call our business number. If we are unable to answer your call, please leave a voicemail and we will get back to you as soon as possible.
Please do not send us messages via WhatsApp, Facebook, text message or any other channel than the above as we do not actively monitor them and will likely not see your message.
For recurring services, billing occurs on a recurring fixed-term basis from the time of the first payment. Invoices are issued in advance and payments are required within 30 days of invoices being issued. Standalone projects, or additional work, will always be quoted separately and may have a different payment schedule which will be set out in the invoice.
Payment info is located on invoices. Payments can be made via bank transfer or via our online payment system (by card). We do not accept payments by cheque.
Late Payments, Non-Payment & Collection
According to Irish Statutory Instrument No. 580/2012 – European Communities (Late Payment in Commercial Transactions) Regulations 2012, where a purchaser does not pay for goods or services by the relevant payment date, suppliers shall be entitled to interest (“late payment interest”) and automatic payment of compensation on the amount outstanding.
Late payments are subject to interest at the statutory rate of 8%. Interest shall apply until such time as payment is made by the purchaser. Upon non-payment of debts, suppliers are also entitled to the automatic payment of compensation costs (€40 for amounts under €1 000, €70 for amounts under €10,000). Parties cannot contract out of these regulations.
Failure to pay our invoices within 30 days after the date of invoice may, at our discretion, result in suspension of any or all service to you until payment is received, and may result in termination of the Agreement. We shall incur no liability of any kind to you for such suspension or termination. In the event that we must retain counsel or other services to enforce the contract or recover any sum due, you shall be responsible for all said costs and expenses including attorneys’ fees.
If an invoice remains unpaid after 30 days any subsequent invoices issued to you in the period during which the invoice remains unpaid, shall fall due immediately notwithstanding that 30 days have not elapsed since the date of that subsequent invoice.
We want you to be satisfied with the reasonableness of our billing and should you ever have any concerns we encourage you to give us a call to discuss them with us.
FlyingFish.ie | firstname.lastname@example.org | +353 (0)85 172 1575 3
Should you have any dispute related to invoicing you must notify us within 15 days of the next billing cycle or the invoice will be deemed accepted.
Any referrals resulting in a paying client will earn a 10% discount, which will be applied to your next invoice.
We are committed to serving you and helping you achieve your desired results. We take all feedback seriously, and encourage you to regularly share with us any comments and/or suggestions you may have on our performance so we may continue to improve our service. You have the right to request a performance review once a month if you deem it necessary.
General Data Protection (GDPR)
- During the course of our engagement you may disclose personal data to us in order to facilitate us providing our services to you. The processing of personal data is regulated in Ireland and the EU by the General Data Protection Regulation EU 2016/679 as supplemented by the Data Protection Act 2018, together with the Privacy and Electronic Communications (EC Directive) Regulations 2003. We refer to these as the “Data Protection Regulation”.
- You consent to us processing any personal data provided to us that may be obtained during the course of providing the agreed service in accordance with the requirements of the prevailing Data Protection Regulation.
- We shall only process your personal data:
- In order to provide our services to you and perform any other obligations in accordance with our engagement with you;
- In order to comply with our legal or regulatory obligations; and
- Where it is necessary for the purposes of our legitimate interests and those interests are not overridden by the data subjects’ own privacy rights.
- We shall each be considered an independent data controller in relation to your client personal data. Each of us will comply with all requirements and obligations applicable to us under the data protection legislation in respect of the client personal data.
- Our approach to confidentiality and data and file retention is outlined elsewhere in this document.
- Our website privacy notice can be accessed at https://flyingfish.ie/privacy-policy/ and explains how we process personal data collected through our website.
- Acceptance of these terms of engagement includes your consent to and acceptance of our compliance with the requirements of the prevailing Data Protection Legislation and the processing of your personal data. Confidentiality FlyingFish.ie is dedicated to confidentiality and committed to client relationship integrity. Client information is kept strictly confidential. We are a service company offering our clients website design and maintenance, digital marketing consulting and associated services across a wide array of practices and industries. Like other agencies, FlyingFish.ie often works for more than one company in any one industry sector. We take care to ensure confidential information is protected and that our work for multiple companies within an industry or sector does not hinder our ability to provide effective representation. Accordingly, FlyingFish.ie approaches all client relationships with the following principles:
- Our clients’ confidential information is treated with the same care we treat our own. To help ensure confidentiality, no confidential information will be shared with anyone beyond the specific team servicing a client’s account and any authorised sub-contractors. Any contractors involved are required to sign a non-disclosure agreement prior to having access to any material.
- Our employees and contractors are informed of the integral role they play in protecting such confidential information.
- After any cessation of a business relationship, FlyingFish.ie disposes of related sensitive information within 90 days.
- In the event FlyingFish.ie is ever legally required to disclose confidential client information pursuant to a court order or other judicial or administrative process, we will provide our clients with as much advance notice of such disclosure as possible.
Unless otherwise instructed, we retain access to client files and data you share with us for the duration of our business relationship. You may request the deletion of any such data at any time.
Should our business relationship come to an end, all files containing your data over which we have ownership (including physical and digital copies as well as originals) will be deleted or destroyed within 90 days. Where we do not have ownership privileges, it is your responsibility to remove our access from any cloud storage or shared files that you may have granted us access to.
Please note the above refers to information and files you may have shared with us, but does not include our own project files which may include planning documents, project designs, custom code and analysis or statistics for internal benchmarking.
Admin access to your website admin areas can be granted on request.
Outside Experts & Other Third Parties
FlyingFish.ie regularly works with trusted third party contractors and freelancers. It may be appropriate in the course of our performance under this Agreement to work with these trusted outside experts and/or other third parties hired by you and/or hired by us. All third parties hired by us are required to follow data protection procedures, in line with the EU’s General Data Protection Regulation (GDPR). In addition, we require anyone working directly with your business data (documents, images, data) to sign non-disclosure agreements.
Licensing & Copyright
Ownership of Website, Associated Properties & Software Licenses
You will retain full ownership of your website and any associated online properties, such as Google Analytics or social media profiles. We will always share admin access if requested to your website, your server or any other of your associated online properties, platforms or profiles.
Please note, any licenses FlyingFish.ie may have purchased directly to aid in the running, security, diagnostics and maintenance of your website (through certain platforms, themes, plugins or server add-ons) are not covered by the above. The licenses for these tools are bulk purchased so FlyingFish.ie may use them across multiple client websites and so there is no individual license to transfer. Access to such tools is one of the advantages of our maintenance packages.
Should this be the case with your site, if you wish to continue using any of these tools following the termination of this Agreement you will need to purchase your own license(s).
However any individual licenses which you have purchased yourself, or that FlyingFish.ie has purchased on your behalf on your request, will remain yours.
Copyright Notice & Credit
Your website will include a copyright notice in the footer acknowledging you as the copyright holder. As is standard practice in the industry, while we are maintaining your website we ask that we may also include a small link next to this to our own website acknowledging our role in building or maintaining your website.
We may use images or videos of your website in our own marketing materials, so as to showcase our work. You agree to grant us permission to do so and will not seek to have such images removed should our business relationship end. No confidential business information will be shared in these materials.
Responsibility for Content
We will not add any content to your website without your prior approval. You are liable for all content you approve or request us to add to your website. It is therefore your responsibility to check you have all required and appropriate licenses, copyrights and permissions for all content that you request us to add to your website and that it complies with all relevant laws.
Notice of Termintation
We hope and trust that our relationship with you will be long and valued. Nevertheless, either party may terminate provision of our services for any reason by giving notice of 30 days.
Notice of Termination (cancellation) must be made by email or in writing. Please note, any invoices that would normally be issued during your notice period will still be issued and will still require payment. Any work owed for these invoices will still be completed unless otherwise agreed.
You remain liable for all fees, disbursements and other related charges incurred up to the date of termination, as well as all amounts that we must pay to third parties pursuant to non-cancellable agreements we entered into in performance of this contract. Any provisions related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of any agreement for provision services.
We will never withhold access to your website from you.
Should our business relationship be terminated, FlyingFish.ie will, unless otherwise agreed, ensure you are granted full admin access to your website admin areas and any relevant systems we may have managed at your request. We will be available to advise as required during any handover process.
Both parties have the right to review the terms of this Agreement on a monthly basis. Should there be a substantial change to your website or work required on your website then both parties have the right to request a change in terms or pricing. This could be the case if there was the addition or removal of complex functionality from the site, or a large increase or decrease in website traffic. 30 days notice must be given for any proposed changes to this Agreement.
Care of property
We take reasonable precautions to safeguard any of your property which comes into our custody, whether physical or digital, but we shall not be liable for damage to your property unless the damage results from our gross negligence in connection with its care. We shall have no liability for damage to property that is in the custody or control of any third party. Any materials we produce at your expense shall be deemed our property until we receive payment in full for the cost of all materials, other out-of-pocket expenses and all fees relating to such materials.
Approvals, Accuracy of Information & Indemnification
You shall have the sole responsibility for authorising and approving the dissemination of all information and materials released on your behalf. You shall be solely responsible for the accuracy, completeness and legal compliance of the information about you that you provide or approve for our use.
You agree to indemnify us against any and all losses, liabilities, damages, demands, settlements, judgements, costs and expenses, including reasonable attorneys’ fees (collectively, “Damages”), sustained as a result of any claim of libel, slander, defamation, copyright infringement, trademark or service-mark infringement, trade dress infringement, unfair competition, misappropriation of ideas, infliction of emotional distress, invasion of rights of privacy, or invasion of right of publicity arising from any information and materials prepared by FlyingFish.ie on your behalf that were approved by, you or any of your employees, agents, or independent contractors.
Limitation of Liability
By agreeing to these terms, you also acknowledge that no website can ever be 100% secure and free of unanticipated disruptions or issues. In the unlikely event that these should occur, we will make it our priority to resolve them as quickly as possible. You understand that ultimately we are constrained by the limits of technology, your budget and your decisions with regards to your website and cannot be held liable for such issues.
You also acknowledge that cannot provide the same level of support as a dedicated in-house IT team working full-time, and that our service is instead designed to provide the best level of advice and support possible on an affordable monthly subscription. If you are unhappy with the level of support we are providing, you can cancel your subscription at any time.
Notwithstanding anything to the contrary contained in this Agreement, in no event shall either of us be liable to the other for any punitive, incidental, consequential, or other special damages in connection with any claim arising out of or related to this Agreement.
Neither party shall be responsible for its failure to perform due to causes beyond its reasonable control such as acts of God, fire, epidemics, theft, war, riot, embargoes, acts of civil or military authorities, or intervention by the federal, provincial, or local government. If services are to be delayed by such contingencies, the party requesting such a delay shall immediately notify the other party in writing. The party requesting the delay shall be responsible for all out-of-pocket expenses resulting from such delay.
These Terms & Conditions shall be governed and construed in all respects in accordance with Irish law and the parties must submit to the sole jurisdiction of the Irish and European Courts. Failure by either party to exercise our rights under these Terms & Conditions, or to fail to require strict performance of any part of the Agreement, shall not constitute a waiver of those rights or provisions, which shall remain in full force and effect unless explicitly superceded by an official contract signed between both parties.