Terms and Conditions

General

This website is owned and operated by: Marie O’Sullivan with a registered address at:  Apartment 9, Newtown Hall, Hazelbrook Sq, Whitehall Road, Churchtown, D148C96

 By using our website, which includes access through other digital platforms such as our app, you confirm that you accept these Terms of Service (“terms”) as binding upon you, including additional terms and conditions and policies referenced herein and/or available by hyperlink, and that you agree to comply with them. If you do not agree to these terms, you must not use our website.

Terms and Conditions of Marie O’Sullivan

How long does it take to build a website?

The time really depends on the project requirements, how much content is required, is the content ready, what features the website requires, etc. As a general rule of thumb, we quote between 4-6 weeks.

What I expect from clients: 

• As my customer, you have the power and ability to enter into this contract. You agree to provide me with everything that I need to complete the project including text, images, fonts, GDPR policies, and other information as and when I need it, and in the format that I ask for. 
• You agree to review my work, provide feedback, and sign-off approval in a timely manner. I will endeavour to meet all deadlines set but am not responsible for a missed launch date or deadline if you have been late in supplying content or have not approved my work on time at any stage. I will maintain the confidentiality of any work you give me.
• If needed, you will supply me with photographs in the formats I specify. I will share resources with you to help you choose appropriate free stock photography if needed.
• You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the website are either owned by you or that you have permission to use them.

When I receive your final payment, copyright is automatically assigned as follows:

1. You own the graphics and other visual elements that I create for you for this project. You also own text content, photographs, and other data you provided unless someone else owns them.
2. I reserve the right to display and link to your completed project as part of my portfolio and to write about the project on my website and on social media.

What I cover: 

1. I will create a design for the look, layout, and functionality of your website.
2. This contract includes one main design and two opportunities for you to revise the final design. If you are not happy with the design at that point, I will provide you with an additional quote for the extra design work needed. If instead, you wish to cancel our agreement, you may do so and I will retain the initial payment for the work completed to date.

HTML/CSS layout

3. I will develop using valid HTML markup and CSS for styling. I will test all my markup and CSS in the current versions of all major browsers. I will not test these designs in old or abandoned browsers unless otherwise specified.
4. I’m happy to offer two 1 hour 1:1 sessions once the website is live to provide additional training on any aspects of the website.

What I don’t cover: 

1. I am not responsible for writing any text copy. However, I am happy to help and will share resources that I have created for my web design clients.
2. I am not liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate this website and any other web pages – even if you have advised me of the possibility of such damages.

What steps are in the website process? 

After the initial contact Marie O’Sullivan follow the below process:

• Content Planning 
• Design Approval
• Build 
• Deploy
• Support 

This just gives a brief outline of the process, and it can change depending on the project and outside parameters. 

Hours of work

Marie O’Sullivan is open from 9am-5pm Monday-Friday. We do not work at the weekends or bank holidays. Any holidays we take will be communicated to our clients in advance and posted on our social media accounts. 

Contacting Marie O’Sullivan 

Marie respects that everyone uses different platforms and works different hours. Marie O’Sullivan will review all emails twice a day and respond to any queries within 24/48 hours Monday to Friday. Any correspondence received through mobile, social media and other platforms will be acknowledged and responded to within 48 hours.

Storing Personal Data 

Marie O’Sullivan respects confidentiality, transparency, and privacy. The client always has access to their records and can request copies of same under a Data Subject Access Request. Please note that this request should be sent to:  hello@themarieosullivan.com

Client Details 

Please note that any stored phone numbers or emails will be deleted from Marie O’Sullivan on a yearly basis but contact information that is relevant to the performance of a contract will be stored for five years at the end of the contract. 

Payment of Fees

The payment schedule will be as follows but may be revised based on further conversations between us.

The Fees shall be payable by the Client in the following instalments:

(a) 50% of the Fees estimated in the proposal to be paid at least 5 days before commencement of the Project by the Developer;

(b) the remainder of the Estimated Fees are to be paid on completion (on go live).

Changes and revisions

The estimate/quotation price in this proposal is based on the time I estimate I will need to accomplish everything that you have told me you want to achieve. If you do want to change your mind, add extra pages or new functionality, that won’t be a problem. At that time, you will be provided with an additional quote for the extra work.

Cancelling pre-arranged appointments 

Marie O’Sullivan has a set schedule every week and work with a variety of clients. If your circumstances change then Marie O’Sullivan requires a minimum 24-hour cancellation policy for meetings/other. Failure to cancel your appointment before 24 hours (except in exceptional and one-off situations) will be chargeable. 

Termination Policy

Marie O’Sullivan can only work with a client if the relationship is open, transparent, and reciprocal. If either party feels that the relationship between the client and Marie O’Sullivan has broken down, then Marie O’Sullivan and/or the client retain the right to withdraw from the agreed contract. All efforts will be used to re-establish the lines of communication between all parties but if this fails and it is agreed to terminate the contact then 7 days  notice from either party is the minimal amount of time required to close off all outstanding work and invoices will be produced to cover all due monies on your account.

Protection of Intellectual Property

The materials supplied by Marie O’Sullivan (including all website content and content supplied at workshops and seminars) are of a confidential nature. From time to time, Marie O’Sullivan may use examples of work they have created or businesses that have worked with to illustrate their quality of work. Any attempt by the Customer to enter the markets that Marie O’Sullivan operates in after gaining possession of such educative materials will be classed as entering competition with Marie O’Sullivan.

Speaker and Training Engagement 

Marie O’Sullivan may carry out various speaking and training engagements. Each event is created individually, based upon the conversations and information that has been provided through the performance of the contract. The content of these events remains the intellectual property of Marie O’Sullivan once the event has taken place and are not allowed to be replicated, duplicated, copied or re-used without the express and unequivocal consent of Marie O’Sullivan. Recordings of the event cannot take place without the express permission of Marie O’Sullivan, who will be captured during the function of carrying out their contracted role, and this must be obtained prior to the event taking place.

Please also note that Marie O’Sullivan authorizes the sharing of all recordings provided for an organisation only the ethernet of that business and cannot be shared externally outside that company without Marie O’Sullivan’s express permission. Any social media images used in connection to any event Marie O’Sullivan participates in must be approved prior to publication and Marie O’Sullivan also retains the right the publicise their role in this event across their social media platforms. 

Membership Programme

Marie O’Sullivan offers access to lifetime membership in relation to some of her programmes. This is only connected to the lifetime of that programme in its current form. If Marie O’Sullivan fundamentally changes the outline, goals, and resources of the programme and/or requires closing or rebranding the programme she will inform all members who have lifetime access. This allows time for members to access all current resources they require before they are deleted. Marie O’Sullivan will give 30 days’ notice of any planned changes which may affect the lifetime access. 

Legal Advice 

Marie O’Sullivan reserves the right to consult with their legal advisors in all cases of Court orders for access to personal records and/or all other information requests. 

Where other names have been mentioned through the course of the sessions with Marie O’Sullivan then Marie reserves the right to redact these names on all shared documentation. 

Terms and Conditions of Service of business 

Contract Of Service

When you order services from us, the terms in force at the time of your order will apply as the contract of sale between you and us.  This contract of sale begins to be formed between us when we issue an invoice. You shall only become the full owner of the service once we have received full payment for it.  

Indemnification, Liability, And Limitation

The express terms and conditions of these terms shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law.  Insofar as it is lawful to do so, we do not accept liability of any description including liability for negligence or any damages whatsoever arising out of or in connection with the viewing, use or performance of this website or its contents.  In the event that you reproduce, display, transmit, distribute or otherwise exploit the structure, information, material, or any portion thereof, in any manner not authorised by us, or if you otherwise infringe any intellectual property rights relating to the structure, information, photographs, prints or this website, you unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against any and all losses, expenses, costs or damages, including reasonable lawyers’ fees, incurred by you or others as a result of unauthorised use of the above and/or your breach of these terms.  You unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against all and any losses, costs, claims, liabilities, damages, demands and expenses suffered or incurred by us and arising from any claim brought by any third party against us howsoever arising from or in connection with: these terms; the supply of the services and/or digital goods pursuant to the terms; your use of the services and/or digital goods; or your fraud or negligence.  For the avoidance of doubt, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms for any loss of profits, goodwill, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity or anticipated savings; or any indirect or consequential loss.  Without prejudice to other clauses in these terms, our total liability arising under or in connection with these terms, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the purchase price paid for the relevant services that is/are the subject of a claim.  

Errors, Inaccuracies and Omissions

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information on the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website or on any related website, should be taken to indicate that all information on the website or on any related website has been modified or updated.

Sales Of Services 

If you are not a consumer, you confirm that you have authority to bind any organisation on whose behalf you use our site to purchase services. We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region, or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any services that we offer.  We reserve the right to discontinue any service at any time.  In accordance with other clauses included in these terms, we make no express or implied warranty, representation or undertaking and assume no responsibility concerning the quality, nature, or fitness for purpose of the services or digital goods.  We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or services will be corrected, unless as required by law.   All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.  Prices for our services are subject to change without notice.  We reserve the right at any time to modify or discontinue our services on our website (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of such.

Refunds

We conform to Irish and EU law and regulations for the purposes of whether or not to accept returns. We deal with cases as they happen on an individual basis.  We encourage you to contact us as soon as possible after delivery should you discover a fault or defect in the services or digital goods.

Social Media Platforms 

Communication, engagement, and actions taken through external social media platforms that we participate on are custom to the terms as well as the data protection and privacy policies and notices held with each social media platform respectively.  You are advised to use social media platforms wisely and communicate / engage upon them with due care and caution regarding your own privacy and personal details.  We will never ask for personal or sensitive information through social media platforms and encourage you when wishing to discuss sensitive details to contact us through primary communication channels such as by telephone or email.  

Data Protection, Privacy And Security 

Your rights to data protection and privacy, including security over data, are very important to us.  We treat personal data obtained using this website as private and are committed to providing you with secure access to our online service.  This website processes information from you as per our Privacy Statement.  When you, amongst other actions, visit our website, enquire about services or send e-mails to us you understand that subsequent data processing will be done as detailed in our Privacy Statement.

Governing Law And Disputes 

This website is hosted, controlled, and operated from the Republic of Ireland and therefore governed by Irish law, subject to the terms of Public International Law.  In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, the Irish law will apply and the appropriate courts of the Republic of Ireland will have jurisdiction.

Variation Of These Terms & Conditions 

We reserve the right to make changes to this website, these terms, and the other information contained in this website at any time and without notice.  Please refer to these terms when you visit the website as they may change from time to time.

Severability

In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Waiver

The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

Entire Agreement

These terms and any policies or operating rules posted by us on this website or in respect to our website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these terms).  Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.

Contact Information 

You may contact us by e-mail at the following address:  hello@themarieosullivan.com

Contact information published on this website is published for the purpose of users or prospective users contacting us about services offered to them.  This information should not be considered as made manifestly public for the purposes of general marketing contact.