WEBMARKET TERMS AND CONDITIONS

1. INTRODUCTION

1.1 General

WebMarket Investments Limited (Company Number: 696970 ) trading as “WebMarket” (“WebMarket”, “we”, “us”) provides web design, development, hosting, digital services, content creation and related services (the “Services”).

These Terms and Conditions apply to all Services provided by WebMarket.

1.2 Formation of Contract

A binding contract between WebMarket and the Customer is formed when the Customer:

• accepts a quotation or proposal verbally or in writing;
• confirms acceptance by email, message, or other communication;
• pays a deposit or any invoice;
• instructs WebMarket to commence work; or
• otherwise behaves in a way that indicates acceptance of the Services.

Any proposal, quotation, email summary, invoice, or scope document issued by WebMarket forms part of the contract.

Where acceptance is given verbally, WebMarket may issue a written summary. Unless disputed within 2 working days, that summary will be treated as agreed.

1.3 Scope of Agreement

The agreed scope of work is defined by:

• the proposal, quotation, or invoice; and
• any written confirmation issued by WebMarket.

Any changes outside this scope are chargeable.

1.4 Consumer Rights

Nothing in these Terms limits any rights available under Irish or EU consumer law. Where the Customer is a consumer, mandatory protections apply.

1.5 Governing Law

These Terms are governed by Irish law.

2. WEBSITE DESIGN & DEVELOPMENT

2.1 Scope of Work

WebMarket will provide Services as outlined in the agreed proposal or scope.

Any estimates of timelines are indicative only. Delays caused by the Customer or third parties are not the responsibility of WebMarket.

2.2 Payment Terms

• A minimum 50% non-refundable deposit is required before work begins.
• Remaining balances are due upon completion or as agreed.
• Work will not be delivered or published until full payment is received.

Late payments may result in:

• suspension of services
• removal of website access
• additional charges and recovery costs

2.3 Customer Responsibilities

The Customer agrees to:

• provide required content, materials and approvals promptly
• ensure all supplied content is lawful and accurate
• comply with all applicable laws (including GDPR, advertising and consumer law)
• maintain backups of all content

2.4 AI-Generated & Draft Content

If the Customer does not provide written content in a timely manner:

• WebMarket may create draft content using AI tools and/or manual editing
• This content is draft only and must be reviewed by the Customer

The Customer is fully responsible for:

• accuracy
• legal compliance
• correctness of all content (including AI-generated content)

WebMarket makes no warranty regarding AI-generated content.

Failure to provide feedback within 10 working days may result in content being treated as approved for project progress.

2.5 Review & Approval

The Customer will be given the opportunity to review drafts.

At final stage:

• Work is deemed accepted unless objections are raised within 10 working days
• After approval, further changes are chargeable

2.6 Changes & Additional Work

Any work outside the agreed scope is chargeable.

This includes:

• additional revisions
• new features
• post-approval changes
• content changes

2.7 Third-Party Changes

WebMarket is not responsible for any changes made by:

• the Customer
• third parties
• other developers

2.8 Intellectual Property

• Customer owns content they provide
• WebMarket owns code and systems unless otherwise agreed
• WebMarket retains the right to showcase work in its portfolio

2.9 Content & Legal Compliance

The Customer is solely responsible for:

• website content
• copyright permissions
• GDPR compliance
• privacy policies, cookies, and legal notices

WebMarket does not provide legal advice unless explicitly agreed.

2.10 Post-Launch Changes

• 1 month of minor fixes may be included
• After that, all work is billable

3. HOSTING & TECHNICAL SERVICES

3.1 Third-Party Hosting

Hosting may be provided via third parties.

WebMarket is not responsible for:

• downtime
• server failures
• data loss
• performance issues

3.2 Data Backup

Customers must maintain their own backups.

WebMarket is not liable for data loss.

3.3 Service Interruptions

WebMarket does not guarantee uninterrupted service.

4. DOMAIN SERVICES

WebMarket acts as an intermediary for domain registration.

We do not guarantee:

• availability
• successful registration
• renewal

The Customer is responsible for:

• correct spelling
• renewal management
• compliance with registry rules

5. INDEMNITY

The Customer agrees to indemnify WebMarket against all claims arising from:

• website content
• products/services sold by the Customer
• copyright or trademark infringement
• unlawful or misleading content

6. LIMITATION OF LIABILITY

This is the most important section.

6.1 General

Nothing excludes liability where prohibited by law.

6.2 Excluded Losses

WebMarket is not liable for:

• loss of profits
• loss of revenue
• loss of business
• loss of data
• loss of reputation
• indirect or consequential losses

6.3 Specific Exclusions

WebMarket is not responsible for:

• client-provided or approved content
• AI-generated content approved or not corrected by the client
• third-party services (hosting, plugins, APIs, etc.)
• hacking, malware, or security breaches
• SEO rankings or marketing results
• changes made after delivery

6.4 Liability Cap

WebMarket’s total liability is limited to:

👉 the total amount paid by the Customer for the specific project

6.5 Time Limit

Any claim must be made within:

👉 12 months of the issue arising

7. TERMINATION

• Customer may terminate in writing
• Work completed up to that point is payable
• Deposits are non-refundable

WebMarket may suspend or terminate services for:

• breach of terms
• non-payment
• unlawful use

8. FORCE MAJEURE

WebMarket is not liable for delays caused by events outside its control, including:

• technical failures
• third-party outages
• acts of nature
• regulatory changes

9. GENERAL

• WebMarket may update these terms
• Continued use constitutes acceptance
• If any clause is invalid, the rest remain enforceable

9.1 Changes to Terms

WebMarket may update or amend these Terms and Conditions from time to time.

Where possible, WebMarket will notify Customers of material changes by email or by publishing an updated version on its website.

The latest version of the Terms and Conditions will always be available on the WebMarket website.

Continued use of WebMarket’s Services after such updates constitutes acceptance of the revised Terms.

However:

• any changes will not apply retrospectively to work already agreed unless required by law or expressly agreed;
• for ongoing services (e.g. hosting), updated terms may apply to future service periods;
• where the Customer is a consumer, any changes will be applied in accordance with applicable consumer protection laws.