Version 1 – Effective 01/03/2026
These Client Terms of Service (“Terms”) apply to all services provided by BrainStorm Media, a sole trader registered in Ireland (“we”, “us”, “our”), to any client (“you”, “the Client”).
By approving work, accepting a proposal, paying an invoice, or continuing to engage our services, you confirm acceptance of these Terms.
BrainStorm Media provides services including, but not limited to:
Website design and development
Graphic design and branding
Digital marketing and SEO
Hosting and website maintenance
Retainer-based services
Motion graphics and digital media
Technical support and consultancy
Specific scope, pricing, and timelines are defined in individual proposals, invoices, agreements, or schedules.
Where services are provided under a separate Retainer Agreement or Hosting & Maintenance Agreement, those specific terms apply in addition to these Terms.
For project-based work:
A 50% deposit is payable upfront unless otherwise agreed in writing.
The remaining balance is due upon completion and prior to final delivery.
Smaller jobs may require full payment in advance.
Deposits are non-refundable once work has commenced.
Retainer services are governed by separate written agreements or schedules.
Retainer time is allocated monthly and does not automatically roll over unless expressly agreed in writing.
Unless otherwise stated in writing:
Projects include two revision rounds per stage.
Website projects include two revision rounds per page template.
Additional revisions, material changes, or work outside the agreed scope may be quoted and billed separately.
Standard working hours are:
Monday to Thursday, 9:00am–5:00pm (Irish time), and Friday 9:00am–4:00pm, excluding public holidays.
BrainStorm Media is not required to monitor or respond to calls, messages, or emails outside these hours.
Where BrainStorm Media responds to non-emergency calls, consultation requests, or undertakes work outside standard working hours, time spent may be billed at the applicable out-of-hours rate.
Out-of-hours work is billed at:
1.5x standard rates for evenings and weekends
2x standard rates on Irish public holidays
Premium rates will be confirmed prior to commencement wherever reasonably practicable.
Client time-sensitive activities, campaigns, events, promotions, launches, or trading hours do not automatically extend BrainStorm Media’s working hours.
Routine queries, administrative matters, or non-critical requests do not constitute emergencies.
Emergency support is limited to genuine technical issues such as:
Website downtime
Hosting failure
Security breach
Non-urgent matters may be deferred until the next working day to avoid premium rates.
Invoices are payable in accordance with agreed payment terms.
BrainStorm Media reserves the right to:
Issue reminders where invoices become overdue
Suspend services where invoices remain unpaid for 30 days
Terminate services where payment remains outstanding following suspension
We reserve the right to charge statutory interest in accordance with applicable Irish legislation where invoices remain unpaid.
BrainStorm Media reserves the right to review and adjust service pricing periodically.
Where pricing changes apply to ongoing services (including retainers, hosting, maintenance, or recurring services), the Client will be provided with at least 30 days’ written notice.
If the Client does not object in writing within 30 days of notice, the revised pricing will be deemed accepted and will apply to future invoices.
Continued engagement of services following notice constitutes acceptance of the revised pricing.
No refunds will be issued in respect of pricing changes properly notified in accordance with this clause.
Hourly rates and ad hoc service pricing may be revised from time to time.
Work will be billed at the rate in effect at the time the work is undertaken.
Hosting and maintenance services are provided subject to the separate Hosting & Maintenance Agreement.
Services are delivered using commercially reasonable efforts. No Service Level Agreement (SLA) or guaranteed uptime percentage is provided unless expressly agreed in writing.
The Client agrees to:
Provide timely feedback, approvals, and required content
Maintain secure access credentials
Ensure third-party licences are valid
Ensure compliance with applicable laws and regulations
Delays caused by the Client may affect delivery timelines and resource allocation.
BrainStorm Media does not provide legal advice.
The Client remains solely responsible for compliance with:
GDPR and data protection legislation
Accessibility requirements, including the European Accessibility Act where applicable
Consumer protection law
Cookie and privacy regulations
Advertising and marketing regulations
While BrainStorm Media may provide technical assistance, legal responsibility remains with the Client.
All work remains the property of BrainStorm Media until paid in full.
Upon full payment, ownership of final deliverables transfers to the Client, excluding third-party licensed components, software, frameworks, and tools.
BrainStorm Media may display completed work in portfolios and promotional materials unless confidentiality is agreed in writing.
BrainStorm Media may subcontract elements of work to trusted third parties while remaining responsible for overall delivery.
Subcontractors are subject to confidentiality obligations.
BrainStorm Media reserves the right to refuse or terminate services where requested work is illegal, defamatory, discriminatory, in breach of platform policies, or contrary to applicable law.
BrainStorm Media is not responsible for:
Third-party platform outages
Algorithm changes
Plugin or software conflicts
Hosting provider failures
Third-party service disruptions
Performance of external platforms is outside our control.
The Client agrees to indemnify and hold harmless BrainStorm Media against any claims, damages, liabilities, or legal actions arising from:
Materials supplied by the Client
Content published at the Client’s direction
Breach of applicable laws or third-party rights
BrainStorm Media’s total liability is limited to the lower of:
The total fees paid by the Client in the previous 12 months; or
€10,000.
BrainStorm Media is not liable for indirect, consequential, or special losses, including loss of profits, revenue, data, or business interruption.
BrainStorm Media is not liable for delay or failure to perform services due to events beyond reasonable control, including but not limited to:
Internet outages
Hosting provider disruptions
Government restrictions
Illness
Natural disasters
Acts or omissions of third parties
BrainStorm Media reserves the right to suspend or terminate services where the Client engages in abusive, threatening, or harassing behaviour, or makes persistent unreasonable demands outside agreed scope.
The Client agrees not to initiate payment chargebacks or reversals without first attempting to resolve the matter directly with BrainStorm Media.
Either party may terminate ongoing services with 30 days’ written notice unless otherwise agreed.
Upon termination:
Deposits remain non-refundable
Work completed up to the termination date is payable
Hosting responsibility transfers to the Client unless otherwise agreed
BrainStorm Media reserves the right to update or amend these Terms from time to time.
The most current version will be published on our website and will include a revised effective date.
For material changes affecting ongoing services, reasonable notice may be provided to the Client.
Continued engagement of services following publication of updated Terms constitutes acceptance of the revised Terms.
These Terms are governed by and construed in accordance with the laws of Ireland.
BrainStorm Media values long-term working relationships built on clarity, professionalism, and mutual respect. These Terms are intended to provide transparency and structure while allowing flexibility as your business evolves.
If you have any questions regarding these Terms, please get in touch.
