PLEASE READ CAREFULLY. By engaging ClearPath Solutions ("The Consultant") for digital services, you ("The Client") agree to be bound by these legally binding Terms and Conditions.
2.1. ClearPath Solutions agrees to provide the Services as outlined in the specific Project Quote or Proposal provided to the Client.
2.2. Any work requested outside the original scope (e.g., adding new features after the project has started) will be billed specifically at our standard hourly rate or as a fixed-fee addendum.
2.3. We reserve the right to decline any project that involves illegal activities, hate speech, or content we deem unethical.
3.1. Client Ownership: Upon full payment of all fees, the Client is granted ownership of the Specific Design and Client Data contained within the Deliverables.
3.2. ClearPath Rights (Background IP): ClearPath Solutions retains all right, title, and interest in its Background IP (e.g., code frameworks, CSS libraries, reusable logic engines). The Client is granted a perpetual, non-exclusive, royalty-free license to use this Background IP for the purpose of operating their website/tool.
Why this matters: This allows ClearPath Solutions to reuse generic code structures for other clients, while you keep ownership of your specific branding and data.
3.3. No White-Label Resale: Unless explicitly agreed in writing, the Client may not resell, sub-license, or package the software for sale to third parties.
4.1. Deposits: A non-refundable deposit (typically 30-50%) is required before work commences.
4.2. Balance: The remaining balance is due upon completion of the project, prior to the live deployment or handover of files.
4.3. Late Payments: Invoices not paid within 14 days of the due date may incur a late fee of 5% per month, in accordance with the European Communities (Late Payment in Commercial Transactions) Regulations 2012.
4.4. Suspension of Service: We reserve the right to take down any website or suspend digital tools if payment is overdue by more than 30 days.
5.1. The Client agrees to provide all necessary text, images, and information required to complete the project in a timely manner.
5.2. Delays: If the Client fails to provide feedback or content within 10 business days of a request, ClearPath Solutions reserves the right to pause the project or bill for work completed to date.
6.1. "As Is" Basis: While we test all software extensively, ClearPath Solutions does not warrant that the Services will be uninterrupted, error-free, or completely secure from malicious attacks (e.g., hacking).
6.2. Browser Compatibility: We guarantee support for modern web browsers (Chrome, Safari, Edge, Firefox). We do not support obsolete browsers (e.g., Internet Explorer 11).
6.3. Limitation of Liability: To the fullest extent permitted by Irish Law, ClearPath Solutions shall not be liable for any indirect, incidental, special, or consequential damages (including lost profits, loss of data, or business interruption). In no event shall our total liability exceed the total amount paid by the Client for the specific project.
7.1. We may integrate third-party tools (e.g., Google Analytics, Hosting Providers, Firebase). We are not responsible for downtime, data breaches, or policy changes caused by these third-party providers.
7.2. Clients are responsible for paying their own third-party fees (e.g., Domain Name registration, Hosting costs) unless otherwise agreed.
8.1. Either party may terminate the agreement with 7 days' written notice.
8.2. If the Client terminates the project, they are liable to pay for all work completed up to that date. The initial deposit is non-refundable.
This Agreement shall be governed by and construed in accordance with the laws of Ireland. Any disputes shall be subject to the exclusive jurisdiction of the courts of Ireland.
For legal enquiries, please contact:
Roy O'Driscoll | ClearPath Solutions
27 Saint Marys Avenue
Cathedral Road
Cork
T23 D2VF
roy@clearpathsolutions.ie