Terms of Service

These terms of service outline the working agreement between Conlon Flay Creative (hereafter referred to as the designer) and the individual or business commissioning design services (hereafter referred to as the client).

Services

The designer agrees to provide the client with graphic and/or web design services as specifically detailed in the accompanying invoice or written project proposal.

Payment Terms

For first-time clients a non-refundable deposit of 100% of the project fee is required before any work begins. For repeat clients, deposit amounts are based on the total value of the project:

100% Upfront for projects under £250
75% Upfront for projects between £251 and £500
50% Upfront for projects over £500

Final payment is due prior to the delivery of final files or launch of the website.

A full breakdown of costs will be provided upon request.

Non-refundable Fees

All payments made to the designer are non-refundable. If a project or specific deliverable cannot be completed due to circumstances beyond the designer’s control (including but not limited to client delays, failure to provide required assets, third-party service failures, or unforeseen external events), any fees already paid by the client shall remain non-refundable. In such cases, the designer will provide all work completed up to the point the project became unworkable.

Project Timeline

Estimated dates will be agreed upon by both parties before work is commenced. Delays caused by the client, including delays in supplying feedback, content, or assets, may result in timeline extensions.

Agreed upon dates are indicative and subject to change if unforeseen circumstances arise.

Revisions

Unless otherwise stated, the client is entitled to 2 rounds of revisions. Any additional revision rounds beyond this will be charged at £25 per hour.

Ownership & Intellectual Property

Upon full payment, all final deliverables become the exclusive property of the client.

The designer retains the right to display completed work (excluding confidential content) in their portfolio, website, and marketing materials.

Note: working files (e.g. layered PSDs, original sketches, etc.) are not supplied unless agreed in writing and may incur an additional fee.

Confidentiality

All proprietary or sensitive information provided by the client will be treated as confidential and will not be shared, reused, or disclosed without prior written consent, unless required by law.

This obligation remains in effect even after the termination of this agreement.

Termination

Either party may terminate this agreement in writing at any time.

The client will be invoiced for all completed work up to the date of termination.

The designer will return any deliverables created to date (excluding incomplete or draft work) within 14 days, provided payment for work completed has been made.

Warranties & Disclaimers

The designer guarantees to carry out services professionally and to a high standard in line with the agreed brief.

However, the designer does not guarantee specific results such as increased revenue, traffic, or engagement. Responsibility for the use and implementation of the design work rests with the client.

Limitation of Liability

The designer shall not be liable for:

Any consequential, indirect, or financial losses including loss of profits or business.
The performance of any third-party vendors or service providers recommended during the course of the project.

File Retention

Final files will be retained by the designer for a minimum of 3 months after project completion. It is the client’s responsibility to download and safely store the final deliverables once provided.

Amendements

Any changes to these terms must be made in writing and agreed upon by both parties.

Governing Law

These terms shall be governed by and construed in accordance with the laws of Scotland. Any disputes arising shall be subject to the exclusive jurisdiction of the Scottish courts.

Entire Agreement

These terms of service, together with the associated invoice or proposal, represent the entire agreement between the designer and the client and supersede all prior discussions, communications, or agreements.

By commissioning services from Conlon Flay Creative, the client acknowledges that they have read, understood, and agreed to these terms of service.