Terms & Conditions

Once the customer has requested the services of Charisma Design directly, by email or via CharismaDesign.ie (Site), the customer is deemed to have understood and accepted the terms and conditions as set out below and it shall be deemed that there is a contractual agreement between the customer and Charisma Design.

The relationship between you and us
By placing an order with us, you confirm that you are at least 18 years old and are legally capable of entering into binding contracts.

After placing an order, you will receive an order confirmation email from us acknowledging that we have received your order. All orders are subject to acceptance by us and we will inform you if for any reason we cannot process your order. The contract between us will only be formed at the point that we send you our order confirmation email.

Availability and delivery
Your order will be fulfilled by the delivery date set out in our delivery confirmation email. In exceptional circumstances, we may inform you of a new delivery date.

Risk and title
The products will be your responsibility from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.

Prices and payments
The price of the products and our delivery charges will be as quoted on our site or as I quoted by email, except in cases of obvious error. All bespoke quotations are valid for thirty days.

Product prices are exclusive of VAT. VAT is added during our checkout process based on the final value of your order including delivery if it’s necessary.

Payment for all orders must be by credit or debit card (unless we say otherwise). We accept payment with Visa, Visa Debit, Visa Electron, American Express, Mastercard, Maestro, Paypal, Stripe. Once you have submitted your order, your card will be debited automatically. Payment on account may be permitted for orders at our sole discretion. Please note that no changes to orders are possible once submitted by you.

Product prices and delivery charges are liable to change at any time, changes will not affect orders in respect of which have already been sent an order confirmation email (subject to any change in the law).

Our site contains a large number of products and it is possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will endeavour to verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when invoicing the order. Our invoices will be issued at, or as soon as practicable following, dispatch by us. Unless we determine otherwise, all invoices are payable within 28 days of the invoice date.

If a product’s correct price is higher than the price stated on our site, we will normally, (at our discretion), contact you for instructions before dispatching the printed product.

If the pricing error is obvious or unmistakable and could have reasonably been recognised by you as an error, we do not have to provide the products to you at the incorrect (lower) price.

Specifications
We try to display and describe as accurately as possible our printed or signage products which appear on our site, but do not give any assurance that the colors of the products supplied will exactly match those displayed on your computer monitor or other printing systems.

In uploading any material to our site, including for the purposes of registering with the site, managing your online account and submitting a file or order, you agree and warrant to us that such material:

• is accurate (where it states facts);
• is genuinely held (where it states opinions);
• complies with applicable law in the Republic of Ireland and any country from which it is submitted;
• does not contain any material which is defamatory to any person;
• does not contain any material which is obscene, hateful, or inflammatory;
• does not promote sexually explicit material or violence;
• does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• does not infringe any intellectual property rights of any other person

and you will indemnify (and keep indemnified) us for any breach by you of such above warranties.

Charisma Design, operators of www.charismadesign.ie, do not accept any responsibility or liability for your failure to obtain the necessary consent, and you will be responsible and indemnify (and keep indemnified) Charisma Design for your failure to obtain consent.

All products are printed by us strictly in accordance with any file submitted by you to us with your order. To the extent permitted by law, we accept no liability in respect of unwanted or defective products where such defect relates to an error in the file submitted by you to us or an inconsistency between the file and your order.

Refunds, returns, and reprints.
It is not possible to return products for a refund other than in the event of an order being produced to the wrong order specification or not to an acceptable standard. In either of these cases, we may (at our discretion) reprint or build the signage free of charge.

Any errors in printing must be reported via e-mail to the following email address: [email protected]. Please make sure to include your client ID number (or business name) in the subject line. In order to qualify for a full refund you will need to email us within 3 days of the order receipt. We will also require you to return a sample or photographic evidence of the issue.

We will notify you of any refund due to you via email within a reasonable period of time and will usually process the refund due to you within 30 days of the day we confirmed to you that you were entitled to a refund. We will refund the price of a defective product fully, any applicable delivery charges [and any reasonable costs you incur on returning the item to us].

If the packaging of your order has been damaged, please accept the material from the courier and write on the document provided that you have accepted the package subject to checking. Once you have verified damage has occurred to the material inside the package you must call our Customer Care Service team on 051-32 3200 or 089-233 4552 so we can process and reprint your order immediately.

If, when delivered, the printed product cannot be used because there is no packaging or the content is completely ruined, please do not accept the material and mark the refusal on the document provided by the courier. You must then call our Customer Care Service team on 051-32 3200 or 089-233 4552 to inform us of the issue so we can proceed and reprint your order immediately.

We cannot accept a claim for loss for items delivered via AnPost unless 15 working days or more have passed since the item was due to be delivered.

Warranty
We warrant to you that any product purchased from www.charismadesign.ie will, on delivery, conform (in all material respects) with its description (including any file provided by you), be of satisfactory quality, and be reasonably fit for purposes commonly associated with the product.

Our liability
We will not be liable for losses that result from our failure to comply with the Terms that fall into the following categories (even if such losses result from our deliberate breach):

1. a) loss of income or revenue;
2. b) loss of business;
3. c) loss of profits;
4. d) loss of anticipated savings;
5. e) loss of data;
6. f) waste of management or office time.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the obligations implied by the   Sale of Goods and Supply of Services Act, 1980; defective products under the Competition and Consumer Protection Act 2014; or any other liability that it would be illegal or unlawful to limit or exclude liability for.

If we fail to comply with these Terms we shall only be liable to you for the purchase price of the products or services.

Please note that it is your responsibility to comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Right to vary terms and conditions
We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system’s capabilities.

You will be subject to the policies and Terms in force at the time that you order products from us unless any change to those policies or Terms is required to be made by law or governmental authority. In this case, it will apply to orders previously placed by you, or if we notify you of the change to those policies or these terms and conditions before we send you the order confirmation email. In this case, we have the right to assume that you have accepted the change to the Terms unless you notify us to the contrary within seven working days of receipt by you of the products.

Entire agreement and third-party rights

These Terms (and any document expressly referred to in them) constitute the entire agreement between us and supersedes all previous discussions, correspondence, negotiations, previous arrangements, undertaking or agreements between us relating to the subject matter of any contract.

We each acknowledge that in entering into a contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.

Law and jurisdiction
Contracts for the purchase of products through this site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish Law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the Courts of Republic of Ireland.

LAST UPDATE: 08/02/2023

Important Notes

1. According to your proposal, it is expected that this project will take a certain number of hours to complete depending on the options you chose. In the unlikely case that the time exceeds these boundaries, additional fees may be payable..
2. Terms of payment: 50% upfront, 30% stage payments, and 20% upon completion.
   In our terminology, completion is when the website becomes live on a public server.
3. This quotation is valid for 30 days
4. This quotation is exclusive of VAT @23%
5. Initial Payment validates the start date and go ahead immediately.
6. A 2-week window is provided for Testing and Acceptance; if the period is exceeded after that, fees may apply..
7. Photography and stock images must be purchased by the client (if necessary) or paid to us separately as an extra charge.
8. Maximum of 3 Website Design Visual Compositions for the homepage.
9. Quotes for content writing are available upon request.
10. Our estimated timeline is simply a point of reference for similar projects of a similar nature that have been completed. If this extends beyond this timeline, Charisma Design is not responsible.. 
11. Projects that are cancelled or abandoned incur 80% of the overall project value.
12. CHARISMA DESIGN owns all design assets associated with the project until full payment is received.
13. Monthly online marketing may be required to promote and advertise the website; however, this will be quoted/invoiced separately.
14. If the client’s delay causes a project to take longer than expected, final payment may be requested before going live. 
15. If we set a deadline of six months for the website to go live, we will demand full payment. If the delay is on the client’s end.
16. Changes to signed-off design pages after programming may incur additional fees. 
17. Complete Terms and Conditions apply farther along in the proposal.
18. The customer must complete all Testing and Acceptance. Charisma Design will fully test the website, but it is still the client’s responsibility to guarantee that there are no issues when it goes live. 

The terms and conditions listed below apply to all web development and internet services provided by Charisma Design. By ordering services from Charisma Design you agree to the terms and conditions listed below.

DEFINITIONS:

The Client is the business or person who has asked CHARISMA DESIGN for services.

CHARISMA DESGIN: The main designer, the website’s proprietor, and any associated parties.

GENERAL TERMS

CHARISMA DESGIN will only perform work if an agreement is supplied via email, phone, or mail. CHARISMA DESIGN will only work with clients who are at least 18 years old. An ‘order’ is defined as a written or verbal agreement between CHARISMA DESIGN and the client, including phone, text, and email agreements.

WEBSITE DESIGN, DEVELOPMENT, AND HOSTING

While every effort will be made to assure that the website and any scripts or programs are error-free, Charisma Design cannot be held liable for any losses caused by the website or any portion of it malfunctioning. Until all outstanding payments are paid in full and cleared in our company bank account, Charisma Design retains ownership of the website, domain names, visuals, and any programming code.

Unless otherwise stated, any software, cgi applications, php scripts, or scripts written by Charisma Design are subject to Charisma Design’s copyright and may only be used for commercial purposes with Charisma Design’s consent. Charisma Design cannot be held liable for any copyright infringements caused by client-supplied materials. We have the right to deny any copyrighted material until acceptable verification of authorization to use such material is provided.

Any changes to the brief will be tried to make at Charisma Design’s discretion; in the circumstance that no fee is charged for such changes, Charisma Design takes no responsibility for making sure that such changes are error-free and reserves the right to charge a fee directly correlated with the cost of any necessary corrections.

The client agrees to provide Charisma Design with all necessary materials as soon as it is possible to do so in order to complete the site by the specified deadline and to the agreed-upon standard.

• Due to missing deadlines, Charisma Design will not be responsible for any costs, compensation, or income loss.
• Charisma Design cannot be held accountable for any disputes on the part of a site owner and will not be liable or involved in any disputes between the site owner and their clients.
• The service done for the client or any of the client’s appointed agents will not expose Charisma Design to any fees incurred, compensation, or loss of earnings.
• Due to the site’s, its servers’, software’s, or any material provided by its agents’ unavailability, Charisma Design will not be liable for any costs incurred, compensation, or loss of earnings.

Before any design work gets started on a project, a 50% down payment is required. For new businesses, this amount can be higher. After a website has been designed and completed, the final balance must be paid in accordance with the terms of payment mentioned above. There are no exceptions to this rule; i.e. if the client decides they no longer need the site, they are still liable to pay for the work that has been completed because they commissioned the work and made a partial payment. Legal action may be taken if there is a failure to pay.

Whether it is hosted on our server or the client’s server, Charisma Design’s name must always be in the footer.

MAINTENANCE
Before a site created by Charisma Design is made broadly usable, the customer is required to carefully evaluate all applications and programming. If “bugs,” faults, or other issues are found after the site has gone online, Charisma Design will make every effort (but is under no obligation) to address these issues such that the site meets the functional standards described in the brief Compatibility. Charisma Design will make every effort to guarantee that any created/designed site or program will operate correctly on the server it is initially installed in as well as when accessed with the web browsing software. Charisma Design is unable to guarantee flawless performance across all browser platforms.

INTELECTUAL PROPERTY
When codes are produced particularly for a client and are not open source, they belong to the client alone.

Charisma Design reserves the right to refuse to handle any material that may be deemed offensive, illegal, or controversial, as well as to terminate the free hosting service if the need arises.

WEBSITE HOSTING, MAINTENANCE & SECURITY

The availability or continuity of website hosting services cannot be guaranteed by Charisma Design, despite the fact that Charisma Design can recommend hosting providers to host your websites.

For losses resulting from the unavailability, malfunction, or interruption of this service, as well as for lost sales, revenue, profits, or other indirect, special, or consequential losses, Charisma Design cannot accept and not accept the liability. As a result, all websites created by Charisma Design are hosted on our servers, which have maintenance contracts with the server providers which are based in Ireland and the UK and offer the best degree of security and performance. If you already have a domain name and hosting, we can transfer them to our server and provide hosting for you.

A 28-day notice period is provided before the expiration of a maintenance and/or hosting contract. The website files on our servers will be erased and destroyed within 60 days from the date of the invoice after the client has been informed of the impending renewal if there is no payment on the renewal date.

A maintenance contract is crucial to have in place to prevent your website from being vulnerable and out of compliance with the most recent changes at a time when one is not already in place. Since there is no maintenance agreement in place at this period, Charisma Design is not liable for any broken plugins, damaged code, or security vulnerabilities.

PAYMENTS

Any new client must make a partial payment before work is started. According to Charisma Design policy, all outstanding invoices for services provided by Charisma Design or its affiliates must be settled in full at the time the website is completed and launched. If payment is not made by the site’s go-live date, the site will be shut down. The website will be removed from our servers without further notice 30 days after this date, unless Charisma Design has made other arrangements.

Once a partial payment has been made and the work has been completed, you are required to pay the remaining balance as noted above. If such payments are not made when due, we shall get in touch with clients through email and phone to remind them of them.

If debts are not cleared or Charisma Design is not notified about the delay, access to the related website may be denied and web pages deleted; we will then refer such cases to the Small Claims Court to enforce payment; failure to pay can result in county court judgments (ccj’s) being added to the client’s credit rating.

When an invoice is consistently unpaid, our solicitors will get in contact with the client in question to discuss the case further and, if required, to pursue payment by legal means, including, if necessary, court summonses.

INDEMNIFICATION

In addition to agreeing to use all Charisma Design services and facilities at their own risk, the client also agrees to defend, indemnify, hold harmless, and save Developer from any any and all demands, liabilities, costs, losses, and claims, including but not limited to attorney’s fees against Charisma Design or its associates, that may occur directly or indirectly from any service supplied or agreed to be provided or any product or service sold by the client or its third parties. The client agrees that this indemnity covers all facets of the project, not only the website’s content and domain name choice.

Additionally, the client agrees to defend, indemnify, and hold Charisma Design harmless from any claims arising from liabilities resulting from injury to persons or property caused by any services provided or agreed to be rendered or by any product or service sold by the client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, and delivery of defective products or services which is harmful to any person, business, company, or organisation.

A minimum of 48 hours’ written notice is necessary before granting any access to the server or software to a third party website developer or programmer. While any third-party programmer is used, Charisma Design is not responsible for any modifications or effects of defective software. No third-party code will be fixed as part of maintenance by Charisma Design. We will evaluate and provide a quotation for this task individually.

NONDISCLOSURE

Unless specifically instructed by the Client, Charisma Design and any third-party associates undertake not to disclose any confidential information at any point during or after the length of this agreement. The Client also agrees that it will not disclose any confidential details about Charisma Design to a third party.

PRIVACY POLICY

In accordance with the EU General Data Protection Regulation (EU) 2018/1725 (“GDPR”), national laws implementing GDPR, any legislation that replaces it in whole or in part, and any other legislation relating to the protection of personal data, Charisma Design and any third-party associates shall use information provided by the client in relation to this agreement. All of your personal information will be treated lawfully, fairly, and openly for the following reasons: 1) to identify the client in conversations with them; and 2) to sometimes contact the client to provide products or services that the client may find useful or interesting. Any information related to an identifiable natural person (the “data subject”) is referred to as “personal data.”

An email monitoring program called Mailtrack is being used by Charisma Design to make sure that clients get email correspondence so we may follow up for project management needs and follow up on incoming sales inquiries. No personal information is gathered other than whether an email is viewed or not.

INTERPRETATION

If Charisma Design finds a Client in breach of these terms and conditions, it reserves the right to terminate a project with the Client at any time and without prior notice. The sole arbitrator for deciding what constitutes a violation shall be Charisma Design. In such cases, refunds are not granted.

Ireland’s laws will serve as the governing body for any legal action or claim resulting from this agreement and will also serve as the jurisdiction for such proceedings. Where forbidden by law, this agreement is invalid. Any provisions of this contract that are not deemed invalid or unenforceable for any reason at all will still be enforceable in court even if one or more of them are.

This agreement is subject to Irish law, and the Irish courts have exclusive jurisdiction over all matters related to it.

These Terms and Conditions are subject to change by Charisma Design at any moment and without previous notice.

The Client acknowledges having read, understood, and accepted the Terms and Conditions of this Agreement and agrees to be legally bound by these Terms and Conditions by accepting a quotation or paying an invoice to use the services provided.

If any of the aforementioned needs clarification, please email us at [email protected].