SDL Creative

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Terms & Conditions

SDL Creative

1. Definitions

Client means the individual or legal entity purchasing Services from SDL Creative.

SDL Creative / We / Us / Our means SDL Print and Design Ltd, operating remotely from Ireland.

Services means any creative, technical, or consulting services provided by SDL Creative, including but not limited to website design and development, branding, logo design, marketing services, hosting, maintenance, consulting, and support.

Agreement means these Terms and Conditions together with any written proposal, quotation, statement of work, or invoice issued by SDL Creative.

Deliverables means any work product created by SDL Creative for the Client as part of the Services.

Intellectual Property Rights means all copyrights, trademarks, design rights, database rights, know‑how, and other intellectual property rights, whether registered or unregistered.

2. Agreement & Order of Precedence

2.1 These Terms and Conditions apply to all Services provided by SDL Creative.

2.2 The Agreement becomes binding when the Client:

  • accepts a written proposal or quotation;

  • pays an invoice; or

  • instructs SDL Creative to commence work.

2.3 If there is any conflict between documents, the following order of precedence applies:

  1. Written quotation or proposal

  2. These Terms and Conditions

  3. Any other written or verbal communication

3. Fees, Pricing & Hourly Work

3.1 Default Hourly Basis

All Services are provided on an hourly basis unless explicitly agreed in writing as a fixed‑price project. SDL Creative’s current hourly rate will be communicated before work begins and may be updated from time to time.

3.2 Fixed‑Price Work

Where a fixed price is agreed:

  • the price applies only to the scope explicitly defined in the proposal;

  • any work outside that scope will be billed at SDL Creative’s hourly rate;

  • revisions are limited to those stated in the proposal.

3.3 Scope Changes

Any request that alters, expands, or revises the agreed scope constitutes a change request and may:

  • require a revised quotation; or

  • be billed at the hourly rate.

No out‑of‑scope work will proceed without Client approval.

4. Payment Terms

4.1 All fees are exclusive of VAT unless stated otherwise.

4.2 Invoices are payable within 7 days of issue unless otherwise agreed in writing.

4.3 SDL Creative reserves the right to require upfront or staged payments.

4.5 Deposit Requirement

Unless otherwise agreed in writing, a 50% non-refundable deposit is required before any work commences. The remaining balance becomes due upon completion of the Services and prior to final handover of Deliverables. SDL Creative reserves the right to pause or withhold work, files, or access until the required payments are received in full.

4.6 Late Payments

If payment is overdue, SDL Creative may:
– suspend Services and access to Deliverables;
– withhold ownership or handover of files;
– charge statutory interest and recovery costs; and/or
– terminate the Agreement.

Non-payment constitutes a material breach of this Agreement.

5. Website Services & Ownership

5.1 Ownership Condition

Ownership of any website, design, or Deliverable transfers to the Client only after full and final payment of all fees due. Time elapsed, subscriptions, or partial payments do not grant ownership.

5.2 Third‑Party Components

Ownership transfer excludes:

  • third‑party software, plugins, themes, fonts, or stock assets;

  • hosting platforms (including but not limited to WordPress, Framer, plugins);

  • licences held by SDL Creative or third parties.

The Client is responsible for ongoing third‑party licence costs unless otherwise agreed.

5.3 Suspension

SDL Creative reserves the right to suspend or disable websites for non‑payment or breach of this Agreement.

6. Branding & Logo Design

  • Ownership of the final approved logo or brand assets transfers only upon full payment.

  • All unused concepts, drafts, and explorations remain the property of SDL Creative.

  • Source files are provided only if agreed in writing.

  • SDL Creative retains the right to display completed work in its portfolio and marketing materials unless otherwise agreed.

7. Marketing & Consulting Services

  • Marketing services are provided based on professional judgment and experience.

  • No specific commercial results are guaranteed, including leads, sales, rankings, or engagement.

  • SDL Creative is not responsible for platform changes, account bans, or performance fluctuations.

  • The Client remains responsible for all advertising spend and third‑party platform costs.

8. Timelines & Delays

All timelines are estimates only. Delays caused by:

  • late feedback;

  • missing content;

  • scope changes; or

  • Client unresponsiveness

automatically extend timelines and do not constitute a breach of this Agreement.

9. Pauses, Cancellations & Kill Fees

9.1 Project Pauses

If a project is paused for more than 30 days due to Client inactivity, SDL Creative may:

  • close the project;

  • require a reactivation fee; and/or

  • re‑quote remaining work.

9.2 Cancellation

If the Client cancels work:

  • all completed hours become immediately payable; and

  • SDL Creative reserves the right to charge a kill fee for reserved time and lost opportunity.

10. Client Responsibilities

The Client shall:

  • provide accurate and lawful content;

  • ensure ownership or permission for supplied materials; and

  • provide timely feedback and approvals.

SDL Creative is not responsible for errors resulting from Client‑supplied content.

11. Intellectual Property

SDL Creative retains ownership of:

  • all pre‑existing materials;

  • internal tools, methods, and processes; and

  • any Deliverables not fully paid for.

No licence is granted until full payment is received.

12. Liability

To the maximum extent permitted by law:

  • SDL Creative’s total liability is limited to the total fees paid by the Client;

  • SDL Creative is not liable for indirect or consequential loss, including loss of profits, data, or business;

  • SDL Creative is not responsible for third‑party outages, hosting failures, or software issues.

13. Indemnity

The Client agrees to indemnify SDL Creative against all claims arising from:

  • Client‑supplied content;

  • Client misuse of Deliverables; or

  • breach of this Agreement.

14. Confidentiality

Both parties agree to keep confidential any non‑public information disclosed during the course of the Services.

15. Data Protection

SDL Creative processes personal data in accordance with applicable Irish and EU data protection laws. Please refer to our Privacy Policy for further details.

16. Governing Law

This Agreement is governed by the laws of Ireland. The courts of Ireland have exclusive jurisdiction.

17. General

  • If any provision of this Agreement is held invalid, the remaining provisions remain in force.

  • Failure to enforce any right does not constitute a waiver.

By engaging SDL Creative, the Client confirms acceptance of these Terms and Conditions.