Terms & Conditions
Clear terms for website design, development, creative services, digital marketing, hosting and ongoing support.
These terms explain how we work with clients, what is included in our services, how we agree and charge for work, and what happens when a project or service ends. They apply to new projects where referenced in the accepted quotation, proposal, order or contract. If you are purchasing as a consumer, your mandatory legal rights remain unaffected.
1. Who we are and when these terms apply
1.1. “3Frog Media”, “we”, “us” and “our” mean the supplier trading as 3Frog Media, identified by its full legal details in the accepted quotation, proposal or invoice. The supplier identity and contact details stated in that document form part of the agreement.
1.2. “You” means the individual or organisation ordering the services. Where a person orders on behalf of an organisation, that person confirms they have authority to do so.
1.3. A contract is formed when you accept our written quotation or project order and we confirm the engagement in writing, including by email or agreed electronic acceptance. These terms apply alongside the accepted scope of work, quotation and any signed service agreement. An expressly negotiated and signed agreement takes priority where there is a conflict.
1.4. We primarily provide business services. If you engage us as a consumer, provisions that would restrict your mandatory rights do not apply. These website terms do not create an obligation to buy anything merely by browsing this website.
2. Services and project scope
2.1. Our services may include website strategy, UX/UI audits, design and development, WordPress websites, website refreshes and repairs, branding, creative work, SEO, landing pages, B2B email marketing, hosting, SSL, security, maintenance and related support.
2.2. The accepted quotation or scope of work identifies the deliverables, included pages and features, integrations, content responsibilities, working files (if any), number of review rounds, charges, payment schedule and any target dates. Items not expressly included are outside the agreed scope.
2.3. Website prices shown publicly are starting points, not fixed prices for every project. Our standard hourly rate is £80 unless otherwise quoted. Website refreshes start from £450; a typical 5–6-page WordPress website starts from £1,500, with client-supplied content. Content creation, where requested, is separately scoped and quoted.
2.4. Changes, additional pages, integrations, content writing, migrations, new functionality and work caused by changes to an approved brief may require a revised quote or written change order. We will seek approval of any additional charge before undertaking it.
3. Prices, deposits and payment
3.1. The accepted quotation states the price and currency, whether VAT or other applicable taxes are included, and when payment is due. Any applicable tax will be identified in the invoice.
3.2. Proposed default for fixed-price projects, subject to 3Frog Media approval: a 50% deposit is payable to reserve the project and begin work, with the remaining 50% due before final launch, transfer or release of completed deliverables. Where the quotation specifies a different payment schedule, the quotation controls.
3.3. Time-based services are charged at the agreed rate for time reasonably spent. Estimates are not guaranteed caps unless expressly identified as fixed fees. We will advise you before material work outside an approved estimate.
3.4. Invoices must be paid by their stated due date. For business-to-business transactions, we may claim statutory late-payment interest and permitted recovery costs where applicable under Irish law. We will provide notice before pausing discretionary work for non-payment.
3.5. Deposits are credited against the project fee. If a project is cancelled, we will account for work performed, non-recoverable agreed third-party costs and any sums legally due, and refund any balance that is refundable. Consumer cancellation rights, where applicable, take priority.
4. Client responsibilities
4.1. You will provide accurate instructions, timely feedback, required copy, photographs, logos, technical access, domain or hosting credentials and other materials agreed for the project. Unless content creation is included, you are responsible for supplying and approving website content.
4.2. You confirm that you have the rights and permissions needed for any content, personal information, photographs, trademarks, mailing lists and other materials you supply, and that your instructions are lawful.
4.3. You are responsible for the accuracy of factual, professional, medical, regulated or industry-specific claims in your content, and for obtaining any legal or professional approval relevant to your business.
4.4. Delayed content, access or feedback may move the delivery schedule. We will tell you when a delay materially affects the plan. If a project remains inactive for 30 days after written reminders, we may pause it and agree a revised timetable before resuming.
4.5. Please use secure credential-sharing methods and maintain appropriate access controls for accounts you own. We will use the access you provide only for the agreed work and related support.
5. Delivery, revisions and acceptance
5.1. We will exercise reasonable skill and care and keep you informed of material delivery changes. Dates are estimates unless a specific deadline is expressly agreed as binding.
5.2. The number and type of included revision rounds will be stated in the quotation. Revisions are changes within the approved scope, not a new design brief or additional functionality. Further work requires an agreed fee.
5.3. We may show work in a staging environment before release. You should check content, links, forms, mobile presentation, browser behaviour and key business details promptly, and report issues clearly. We will address material deviations from the agreed scope within a reasonable period.
5.4. For business customers, unless another acceptance process is agreed, we will request sign-off on substantial completion. If no material issue is reported within five working days of the handover notice, we may treat the agreed deliverables as accepted for invoicing and project closure. This does not remove rights relating to defects or work that fails to meet the contract or applicable law.
5.5. Following final payment and acceptance, we will provide the agreed deliverables and reasonable access or transfer assistance. Editable design source files, proprietary workflows, unused concepts and development repositories are included only where the accepted quotation says so.
6. Intellectual property and licences
6.1. You retain ownership of materials you supply and grant us a limited licence to use them for the agreed services. You are responsible for the permissions and licences associated with those materials.
6.2. Subject to full cleared payment, we assign to you the copyright that we own and are able to assign in the final, specifically commissioned and approved deliverables identified for assignment in the quotation. To the extent a deliverable cannot be assigned, we grant the licence described in the quotation for its agreed business use.
6.3. We retain ownership of our pre-existing designs, tools, methods, code libraries, reusable components, know-how, templates, unselected concepts and other background materials. Where embedded in a paid deliverable, we grant you a non-exclusive, worldwide licence to use those materials as part of that deliverable for its intended purpose, subject to third-party rights.
6.4. WordPress, plugins, themes, fonts, stock images, APIs and other third-party materials remain subject to their respective licences. Fees, renewals or restrictions of those licences will be identified where reasonably known and may remain your responsibility.
6.5. We may refer to publicly launched work in our portfolio unless confidentiality or a written agreement prevents it. We will not disclose confidential information or private client data in doing so.
7. Hosting, SSL and domain names
7.1. Every new 3Frog Media website build includes complimentary website hosting, SSL and Security & Maintenance for the first 12 months. The start date of this period will be recorded in the project handover or hosting activation notice.
7.2. There is no automatic paid renewal. After the first year, hosting and SSL are offered at £150 per year and Security & Maintenance is offered separately from £799 per year for smaller websites. More active or complex websites are priced by separate quotation. You can choose either service, both services or neither, subject to technical compatibility.
7.3. We will seek your affirmative agreement before charging for a second year or any subsequent year. If you do not renew hosting, we will provide reasonable information and cooperation to support migration to another provider. A transfer may involve separately quoted technical work or third-party charges. You remain responsible for obtaining and retaining your own copies of data and content.
7.4. Domain-name registration and renewal are not included unless specifically quoted. Domain names should be registered in the client's legal name wherever the registry permits. Renewal, eligibility, registrar and registry terms remain applicable. We do not guarantee that a requested domain can be registered or retained.
7.5. Hosting depends on network, power, registrar, hosting and other third-party systems. We will use reasonable care in managing services under our control, but cannot promise that a website will never experience interruption.
8. Security and maintenance
8.1. During the included first year, and during any subsequently purchased maintenance term, we provide the level of security and maintenance support stated in the service description or quotation. For a standard brochure website this generally covers routine WordPress and supported plugin updates, monitoring, reasonable troubleshooting, update-related compatibility fixes and agreed website performance reporting.
8.2. We also provide incident response and reasonable recovery assistance for outages or compromises affecting supported websites. Our stated 24-hour recovery offering must be defined in the accepted maintenance schedule, including whether it concerns initial response, work commencement or restoration. Complete restoration within 24 hours cannot be guaranteed where third-party failures, missing backups, inaccessible accounts or extensive compromise prevent it.
8.3. Security is a shared responsibility. You must keep control of authorised users, avoid unsafe credentials and notify us promptly of suspected incidents. No monitoring or maintenance service can eliminate every security risk.
8.4. Major redesigns, new features, paid plugin or licence fees, extensive reconstruction, malware incidents caused by unmanaged third-party systems and work outside the covered environment may require a separate quotation. We will explain any excluded work before charging.
8.5. Where backups are included, their frequency, retention and restore arrangements should be stated in the maintenance schedule. You should retain independent copies of critical content and data. We will not intentionally delete client information without an operational or legal reason and will give reasonable notice where practicable.
9. SEO and marketing services
9.1. Search optimisation, B2B email marketing, audience research, campaign design, landing pages, content support and reporting are provided within an agreed brief, budget and measurement plan.
9.2. We do not guarantee search rankings, enquiries, conversions, advertising performance, deliverability or specific commercial results. Search engines, email providers and advertising platforms control important aspects of performance beyond our control.
9.3. You are responsible for confirming the lawful source and permitted use of any prospect or customer data you provide, including suppression preferences, required notices and applicable consent or other lawful bases. We will not knowingly implement a campaign that appears to breach applicable electronic marketing or data-protection requirements. Compliance requirements depend on the recipient, country, communication channel and the circumstances.
9.4. Advertising spend, mailing-platform fees, data-licensing fees and other third-party costs are separate unless expressly included. Your approval is required before we commit your funds to such costs.
10. Confidentiality and data protection
10.1. Each party will take reasonable steps to protect non-public business information received from the other and use it only for the relevant engagement, unless disclosure is authorised or required by law.
10.2. Each party must comply with applicable data-protection law in relation to its own activities, including, where relevant, the EU GDPR, Irish Data Protection Act 2018, UK GDPR and applicable electronic marketing rules.
10.3. When we process personal data on your documented instructions as a processor, the parties must enter into an appropriate written Data Processing Agreement before that processing begins. That agreement must specify the actual processing, security measures, sub-processors, international transfers, assistance, retention and return or deletion arrangements. These website terms alone are not a substitute for that agreement.
10.4. Where access to personal data from outside the EEA or UK constitutes an international transfer, appropriate legal transfer arrangements must be in place where required. We will not treat a generic statement in these terms as permission for unrestricted transfers.
10.5. Personal information collected directly through this website, including enquiries, must be addressed in a separate and accurate Privacy Notice. Cookie and tracking technologies may also require separate notices and consent controls.
11. Third-party platforms and dependencies
11.1. We may use specialist service providers and subcontractors to perform agreed services, while remaining responsible for our contractual obligations. Where personal data is involved, the requirements of the applicable Data Processing Agreement take priority.
11.2. Third-party products, hosting infrastructure, domain registrars, advertising networks, email services and other external systems have their own terms, service limits, charges and availability. We will identify material dependencies within the scope of work where reasonably possible.
11.3. If a third-party provider discontinues or materially changes a product, we will discuss appropriate alternatives and any additional work before proceeding.
12. Standards and service limitations
12.1. We will provide services with reasonable skill, care and diligence, using the agreed brief and applicable professional standards. Any specific performance warranty or service-level commitment must be recorded in writing.
12.2. A website may require ongoing updates and changes as browsers, devices, WordPress, hosting providers and third-party services evolve. Unless a support plan is active, post-handover support is provided as agreed or quoted separately.
12.3. Nothing in these terms excludes or limits any warranty, remedy or obligation that cannot lawfully be excluded.
13. Liability
13.1. Neither party excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.
13.2. For business customers only, and subject to clause 13.1, our aggregate contractual liability for a one-off project will not exceed the fees paid or payable for the project giving rise to the claim. For a recurring service, our aggregate liability for that service will not exceed the fees paid or payable for the service during the preceding 12 months. These caps do not override liabilities that must remain uncapped under applicable law.
13.3. For business customers only, and to the extent permitted by law, neither party is liable to the other for indirect or consequential loss, or lost anticipated profits or business opportunities, except for payment obligations, infringement arising from materials supplied without authority, confidentiality breaches or matters that applicable law does not permit to be excluded.
13.4. Nothing in this section reduces a consumer's mandatory statutory rights or remedies. Any data-protection liability is also subject to applicable law and any valid Data Processing Agreement.
13.5. You agree to be responsible for third-party claims directly caused by your unlawful content or your instructions that infringe another person's rights, to the extent permitted by law. We remain responsible for our own negligence, misconduct and breaches.
14. Pausing and ending services
14.1. Either party may terminate an engagement for material breach if the breach is not remedied within 14 days after written notice, where the breach can be remedied. Immediate suspension may be necessary for serious security threats, unlawful activity or circumstances requiring urgent protection of systems or data.
14.2. You may stop future optional hosting and maintenance renewals without a cancellation penalty by declining the next service period. No second-year renewal is assumed. If you wish to end a paid fixed-term service early, any refund or outstanding amount will be assessed under the accepted order and applicable law.
14.3. On termination of a project, we will provide a reasonable account of work completed and amounts paid or due. Following payment of sums properly owed, we will cooperate with reasonable handover requests for agreed deliverables and client-owned materials. We may charge a separately agreed fee for migration or additional transfer work.
14.4. Each party will return or handle confidential information and personal data in accordance with the agreed data-processing provisions and applicable retention obligations. Ending a contract does not remove outstanding payment obligations or rights that accrued before termination.
15. Consumer cancellation rights
15.1. If you are a consumer who enters a qualifying distance or off-premises contract, you may have a statutory right to cancel within 14 days, or longer in certain off-premises circumstances, subject to the exemptions and conditions provided by law.
15.2. If you expressly request that services start during the cancellation period, you may be required to pay a proportionate amount for services supplied before a lawful cancellation where legislation permits. A right to cancel may be lost in certain circumstances where the service has been fully performed and the legal conditions, including required consents and acknowledgements, have been satisfied.
15.3. The specific pre-contract cancellation information, any required cancellation form and confirmation of your express request to begin early must be supplied where the law requires them. Contact design@3frogmedia.com if you wish to exercise a cancellation right.
15.4. These terms do not restrict statutory remedies for services or digital content that do not conform to the contract.
16. Disputes and governing law
16.1. If you have a concern, please contact us promptly with the project details and the outcome you are seeking. We will try to resolve matters through discussion before formal proceedings.
16.2. For business customers, unless otherwise agreed in writing, these terms are governed by the laws of Ireland and the courts of Ireland have jurisdiction.
16.3. For consumers, this clause does not remove mandatory protections or rights concerning applicable law or the courts available to you under consumer law.
17. General provisions
17.1. Neither party is liable for delay caused by events beyond its reasonable control, provided it takes reasonable steps to reduce their impact and informs the other party. Payment for services already properly supplied remains due.
17.2. If any provision is found invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law.
17.3. A failure to enforce a provision on one occasion does not waive the right to enforce it later.
17.4. We may update these website terms for future engagements. Changes will not unilaterally alter an existing accepted contract unless the parties agree to the change or applicable law requires it.
17.5. Notices may be provided in writing by email to the addresses confirmed in the accepted order. Both parties should keep their contact details current.
18. Contact
3Frog Media
20 Harcourt Street, Dublin 2, D02 H364, Ireland
Email: design@3frogmedia.com
Website: www.3frogmedia.com
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