Terms & Conditions

These terms and conditions govern the provision of services by Viral Media Ltd. to clients engaging with platforms such as Shopify, WordPress, Wix, and similar website-building platforms, as well as graphic design, video, photo production, editing, and related creative services.

By engaging Viral Media Ltd.'s services, the client agrees to be bound by these terms and conditions.

2.1. Viral Media Ltd. will provide design, development, maintenance, and other related services on the client's chosen platform or platforms as specified in the project agreement, quotation, invoice, or written proposal.

2.2. Viral Media Ltd. may also provide video and photo production and editing services, as well as graphic design services, with deliverables confirmed in advance. Any additional services requested by the client beyond the agreed scope of the initial agreement will be subject to additional charges and may require a separate agreement.

2.3. Logo Design — Logo design services include concept creation, revisions as per the project agreement, and delivery of finalised logo files. This does not include licensing for fonts, stock images, or other third-party elements incorporated into the design. Any additional work such as licensing, trademarking, or legal protection of the logo is not included in Viral Media Ltd.'s fee and will require separate arrangements made directly by the client.

3.1. Viral Media Ltd. will use reasonable skill and care in the provision of the Services.

3.2. Viral Media Ltd. will not assume responsibility for the performance, functionality, or security of the platform itself, including but not limited to Shopify, WordPress, Wix, or any third-party plugins, apps, integrations, or extensions used on the platform.

3.3. Viral Media Ltd. will not be liable for any issues arising from changes made by platform providers, including updates, maintenance, modifications, outages, restrictions, or changes to platform features.

4.1. The client is responsible for providing all necessary access credentials, permissions, content, information, approvals, and feedback required for Viral Media Ltd. to perform the Services.

4.2. The client is responsible for the accuracy, legality, and ownership of all content provided for inclusion on any website, platform, design, video, photo, or other project deliverable, including but not limited to text, images, videos, logos, trademarks, product information, pricing, policies, and any other multimedia elements.

4.3. The client is responsible for maintaining backups of their website, data, files, and content. Viral Media Ltd. will not be liable for any loss of data, website content, platform access, or files.

5.1. The client agrees to pay Viral Media Ltd. the fees outlined in the project agreement, quotation, invoice, or written proposal.

5.2. Fees for additional services, changes, revisions, or requests beyond the agreed project scope will be invoiced separately.

5.3. Payment terms will be as specified in the project agreement, quotation, invoice, or written proposal. Failure to pay invoices within the specified timeframe may result in suspension of Services until payment is received.

5.4. Website Project Deposits — For website design and development projects, the client may be required to pay a deposit before work is scheduled, reserved, or commenced. Website project deposits are non-refundable once work has commenced.

Work shall be deemed to have commenced where Viral Media Ltd. has carried out any project-related work, including but not limited to project planning, discovery, strategy, design research, sitemap creation, content review, copy preparation, wireframing, design work, development work, platform setup, plugin or app review, meetings, calls, correspondence, or internal project preparation.

Where the client cancels the website project before any work has commenced, the deposit will be refundable. Where work has commenced, the deposit will be retained by Viral Media Ltd. to cover time, resources, administration, project scheduling, and capacity allocated to the client's website project.

Any refund of a deposit shall not include third-party costs, platform fees, software licences, stock assets, fonts, plugins, apps, subscriptions, or other external costs already incurred by Viral Media Ltd. on behalf of the client, where these costs were approved by the client or were reasonably required for the project.

This clause does not affect any statutory rights the client may have under applicable consumer law.

6.1. Scope and Ownership — Logo design services include only the creation of original graphic assets as specified in the project agreement. The client will receive usage rights to the final logo files upon full payment. However, this does not include ownership or licensing rights to any fonts, stock images, or other third-party elements used in the design. The client must obtain the necessary licences for any third-party resources where required.

6.2. Trademarking and Legal Clearances — Viral Media Ltd. does not provide trademark searches, legal clearances, or assurances that the logo design does not infringe upon existing trademarks. It is the client's sole responsibility to conduct these checks and seek trademark registration if desired.

6.3. Limitation of Liability for Similarities — While Viral Media Ltd. strives to create unique concepts, it cannot guarantee exclusivity or that a design will not resemble other existing logos, given current design trends and industry overlap. Viral Media Ltd. shall not be held liable for any claims arising from similarities to other logos, designs, brands, or visual identities.

6.4. Final Delivery — Final logo files will be provided in the agreed formats, typically including .AI, .PNG, and .JPEG. Any additional requests for file formats, alternate versions, edits, or variations may incur additional fees.

8.1. Either party may terminate the agreement with written notice if the other party breaches any material term of the agreement and fails to remedy the breach within 30 days of receiving written notice.

8.2. In the event of termination, the client will be responsible for payment of any outstanding fees for Services provided up to the date of termination. For website projects, any deposit paid shall be treated in accordance with clause 5.4. Where work has commenced, the website project deposit shall be non-refundable. Where no work has commenced, the website project deposit shall be refundable, subject to any approved or reasonably incurred third-party costs.

9.1. Viral Media Ltd. will not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with the provision of the Services, including but not limited to lost profits, loss of data, loss of revenue, loss of business, reputational damage, or business interruption.

9.2. The total liability of Viral Media Ltd. for any claim arising out of or in connection with the provision of the Services, whether in contract, tort, negligence, or otherwise, will not exceed the total fees paid by the client to Viral Media Ltd. for the Services under the relevant project agreement.

10.1. These terms and conditions will be governed by and construed in accordance with the laws of Ireland.

10.2. Any disputes arising out of or in connection with these terms and conditions will be subject to the exclusive jurisdiction of the courts of Ireland.

11.1. These terms and conditions represent the service commitments of Viral Media Ltd. and do not require a signature for them to be effective.

By approving a quotation, paying an invoice, paying a deposit, confirming a project in writing, or otherwise engaging Viral Media Ltd. to provide Services, the client agrees to these terms and conditions.