Terms & Conditions

Last updated: December 2024

These terms and conditions govern your use of the Elephantfly website and services. By accessing our website or entering into a contract with us, you agree to be bound by these terms. Please read them carefully.

1. Services & Proposals

All quotes, proposals, and estimates provided by Elephantfly are valid for 30 days from the date of issue. Projects commence only after written agreement (via email or signed contract) and receipt of any required initial deposit. Project timelines are estimates and may vary based on project scope, complexity, and client response times.

We reserve the right to decline any project that conflicts with our values or poses ethical concerns.

2. Payments & Invoicing

Payment terms are as follows unless otherwise agreed in writing:

  • Invoices are due within 14 days of the invoice date
  • Late payments may result in project delay or suspension
  • VAT is charged at the applicable Irish rate (currently 23%)
  • Payment plans may be available for larger projects, subject to agreement
  • We accept payment via bank transfer, credit card, or other agreed methods

In the event of late payment, we reserve the right to charge interest at a rate of 8% per annum above the European Central Bank base rate, in accordance with the European Late Payment Directive.

3. Intellectual Property Rights

All design work, code, documentation, and deliverables created by Elephantfly remain the property of Elephantfly until full payment is received. Upon receipt of full payment, ownership of the final deliverables transfers to the client, subject to the following:

  • We retain the right to use completed work in our portfolio and for marketing purposes (unless otherwise agreed)
  • Third-party assets (fonts, images, libraries) remain subject to their respective licenses
  • Source code and development tools remain our property unless explicitly transferred

4. Client Responsibilities

To ensure timely project delivery, clients agree to:

  • Supply all required content, materials, and feedback in a timely manner
  • Provide necessary access to systems, accounts, and third-party services
  • Respond to queries and approval requests within agreed timeframes
  • Ensure all provided content is accurate, legal, and does not infringe on third-party rights

Delays in client response or content provision may impact project timelines and may result in additional charges if the project extends beyond the original scope.

5. Revisions & Changes

Each project includes a specified number of revision rounds as outlined in the proposal. Additional revisions beyond the agreed scope may incur additional charges. Significant changes to project scope may require a new proposal and timeline adjustment.

6. Cancellation & Termination

Either party may terminate a project with written notice. In the event of cancellation:

  • If cancelled by the client, a pro-rata fee will be charged based on work completed up to the cancellation date
  • Any deposits paid are non-refundable but may be applied to future work
  • We reserve the right to terminate projects if payment is overdue or terms are breached
  • Upon termination, all work completed remains our property until full payment is received

7. Warranties & Guarantees

We warrant that all work will be performed with reasonable skill and care, in accordance with industry standards. We provide a 30-day warranty period for bug fixes and corrections related to our work, subject to:

  • The issue being reported within the warranty period
  • The issue being directly related to our work, not third-party services or client modifications
  • Reasonable access to systems and information required for fixes

8. Limitation of Liability

While we strive to deliver high-quality, secure work, our liability is limited as follows:

  • We are not liable for third-party service failures (hosting, APIs, external platforms)
  • We are not liable for loss of data due to client error, external attacks, or system failures
  • We are not liable for any indirect, special, incidental, or consequential damages
  • Our total liability is limited to the total fees paid for the specific project in question

Clients are responsible for maintaining backups of their data and content. We recommend regular backups and appropriate security measures.

9. Confidentiality

We respect the confidentiality of client information and project details. We will not disclose confidential information to third parties without consent, except as required by law. This obligation continues after project completion.

10. Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, or major internet outages.

11. Governing Law

These terms are governed by Irish law. Any disputes will be subject to the exclusive jurisdiction of the Irish courts.

12. Changes to Terms

We reserve the right to update these terms and conditions at any time. Material changes will be posted on this page with an updated "Last updated" date. Continued use of our services after changes constitutes acceptance of the updated terms.

13. Contact Information

For questions about these terms, please contact us: