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Terms and Conditions

Terms and Conditions

Last Updated: November 27, 2025 The following terms and conditions govern all services provided by The Brand Muffin to its clients, unless otherwise expressly agreed in writing. No other terms shall apply unless specifically agreed upon in writing between The Brand Muffin and the client. In the event of any conflict or ambiguity between these terms and any separate written agreement, these terms shall prevail. The Brand Muffin reserves the right to update these terms and conditions from time to time. Clients will be notified of any updates and provided with information on how to access the latest version.

Table of Contents

  1. Estimates
  2. Invoicing & Payment Terms
  3. Project Terms
  4. Ongoing Maintenance and Support
  5. Termination of Service
  6. 3rd Party Services
  7. Creative Services Terms and Conditions
  8. Web Development Terms and Conditions
  9. Video Production Terms and Conditions
  10. eCommerce Services Terms and Conditions
  11. Analytics Services Terms and Conditions
  12. Paid Media Terms and Conditions
  13. SEO and AIO Services Terms and Conditions
  14. General Service Disclaimers
  15. Copyright and Intellectual Property
  16. Breach
  17. Force Majeure
  18. Disputes and Governing Law
  19. Data Protection and Privacy
  20. What Can Be Expected of Us
  21. What We Expect of Our Clients
  22. Improving Our Services

1. Estimates

  1. The Brand Muffin may furnish clients with initial estimates or quotations upon request. The final cost of the project may vary if the client requests additional work or changes that exceed the initial scope outlined in the quotation.
  2. All quotations will be provided in writing via email and will include a link to these terms and conditions. Acceptance of a quotation by the client constitutes agreement to these terms and conditions, unless otherwise explicitly agreed in writing.
  3. Quotations are valid for 28 days from the date of issue unless otherwise specified. After this period, The Brand Muffin reserves the right to revise pricing.

2. Invoicing & Payment Terms

  1. Standard payment terms require settlement within 7 days from the date of the invoice, unless alternative terms are explicitly agreed in writing.
  2. For new projects, a 50% upfront payment is required to commence work, with an additional 50% due upon project completion, and the final payment required before final deliverables are released. Alternative payment schedules may be agreed in writing for specific projects.
  3. Monthly or retainer-based invoices must be paid by the 7th business day of the month. Late payments will accrue interest at a rate of 2% per month or the maximum rate permitted by Irish law, whichever is lower, and services may be suspended until payment is received.
  4. The Brand Muffin retains ownership of all work product until full payment is received in accordance with the original quotation.
  5. The Brand Muffin may adjust pricing annually in alignment with Ireland's official Consumer Price Index (CPI) or the European Harmonised Index of Consumer Prices (HICP), as appropriate.
  6. For international clients, all payments are due in Euro (EUR) unless otherwise specified in the quotation. The Brand Muffin is not responsible for currency fluctuation impacts on the client's payment obligations. Bank transfer fees are the responsibility of the client and must not be deducted from the invoice amount.

3. Project Terms

  1. The Brand Muffin shall not be liable for any delays unless such liability is explicitly agreed upon in writing.
  2. Any delays will be communicated promptly in writing via email.
  3. All required content, assets, and brand materials must be provided by the client within 2 weeks of the deposit payment.
  4. Creative briefs, brand guidelines, and design specifications must be provided within 1 week of the deposit payment.
  5. In the event of content or asset delays, The Brand Muffin reserves the right to renegotiate project costs and timelines, and may require settlement of any outstanding payments before resuming work.
  6. Any requests for changes, additions, or revisions beyond the original scope outlined in the quotation will be considered scope changes and may incur additional charges. The Brand Muffin will provide written notification of any additional costs before proceeding with out-of-scope work.
  7. Client feedback and approvals must be provided in a timely manner. Delayed approvals may impact project timelines and delivery dates.

4. Ongoing Maintenance and Support

  1. Any issues or fixes must be identified and reported within 28 days of project delivery or go-live date. After this period, if the client is not subscribed to a maintenance agreement, additional charges will apply for any work. This warranty period covers defects in the work delivered by The Brand Muffin and does not cover issues arising from client modifications, third-party integrations, or external factors.
  2. Maintenance services do not include regular updates or new feature development unless explicitly specified in the agreement.
  3. Maintenance excludes responsibility for issues related to third-party plugins, platforms, hosting services, or software, which remain the responsibility of their respective providers.
  4. Support consultations are limited to one meeting per month, with a maximum duration of 1 hour, unless arranged in advance. Additional consultations will be charged at the standard hourly rate.

5. Termination of Service

  1. Cancellation of services requires written notice provided at least 30 days in advance.
  2. In the event of cancellation, client will be responsible for payment of all work completed to date, plus any non-refundable expenses incurred.
  3. Upon termination and receipt of all outstanding payments, The Brand Muffin will provide the client with deliverables completed to date and reasonable assistance in transitioning services, subject to availability and at standard rates.
  4. The Brand Muffin reserves the right to terminate services immediately in cases of non-payment, breach of contract, or abusive behavior toward staff.

6. 3rd Party Services

  1. The Brand Muffin may recommend or integrate third-party services, platforms, or tools to enhance project outcomes, but The Brand Muffin shall not be liable for any disruptions, changes, or cancellations caused by these third parties.
  2. Clients are responsible for maintaining their own accounts, licenses, and subscriptions with third-party service providers.
  3. Any costs associated with third-party services, software licenses, stock assets, fonts, or plugins are the client's responsibility unless otherwise specified in the quotation.

7. Creative Services Terms and Conditions

  1. Creative deliverables include a specified number of revision rounds as outlined in the quotation. Additional revisions beyond this scope will incur extra charges.
  2. The Brand Muffin will present creative concepts based on the client brief. Client feedback must be consolidated and provided in writing to avoid miscommunication.
  3. Brand identity work, including logos, color palettes, and typography, will be delivered in agreed-upon file formats. Additional format requests may incur extra charges.
  4. The client must provide all necessary brand assets, photography, copy, and materials in a timely manner. Stock assets may be used as placeholders or final content, with licensing fees passed to the client.
  5. All content provided by the client must comply with copyright laws and be owned by the client or properly licensed for use.
  6. The Brand Muffin reserves the right to showcase completed work in its portfolio, case studies, and marketing materials unless a non-disclosure agreement is in place.

8. Web Development Terms and Conditions

  1. Web development projects include a specified number of pages, features, and functionality as outlined in the quotation. Additional pages or features will incur extra charges.
  2. Websites will be developed to be responsive and optimized for modern browsers and devices. Legacy browser support (e.g., Internet Explorer) is not included unless specifically requested.
  3. Clients are responsible for providing all website content, including text, images, and media, in a timely manner. Content creation services are available at additional cost.
  4. The Brand Muffin will implement basic on-page SEO best practices. Advanced SEO and AIO services require a separate agreement.
  5. Website hosting, domain registration, and SSL certificates are the client's responsibility unless The Brand Muffin is contracted to provide these services.
  6. Clients are responsible for keeping their website platform, plugins, and themes updated after launch unless a maintenance agreement is in place.
  7. The Brand Muffin is not liable for security breaches, downtime, or data loss unless the client is under a paid maintenance and hosting agreement with The Brand Muffin.
  8. Website accessibility compliance (WCAG, ADA, European Accessibility Act) is not included in standard development unless explicitly specified in the quotation.
  9. Clients are responsible for ensuring their website complies with all applicable laws and regulations, including but not limited to GDPR, ePrivacy Directive, Consumer Rights Directive, and accessibility requirements.

9. Video Production Terms and Conditions

  1. Video production projects include a specified number of revisions as outlined in the quotation. Major changes after production has begun may incur additional charges.
  2. Clients must provide scripts, storyboards, brand assets, and any required footage or materials as specified in the project timeline.
  3. The Brand Muffin will deliver final video files in agreed-upon formats and resolutions. Additional format conversions may incur extra charges.
  4. Stock footage, music, voice-over talent, and other licensed assets will be billed separately unless included in the quotation.
  5. The client is responsible for securing necessary permissions, releases, and rights for any people, locations, or copyrighted materials featured in the video.
  6. Video production timelines are dependent on timely client feedback and approvals. Delays in approval may extend delivery dates.
  7. The Brand Muffin retains the right to use completed video work in its portfolio, demo reel, and marketing materials unless otherwise agreed in writing.

10. eCommerce Services Terms and Conditions

  1. eCommerce development includes setup of agreed-upon payment gateways, shipping methods, and product catalog features as specified in the quotation.
  2. Clients are responsible for obtaining and managing their own merchant accounts, payment processor credentials, and compliance with payment card industry (PCI) standards.
  3. The Brand Muffin is not responsible for transaction fees, payment processing issues, or disputes between the client and their payment processor.
  4. Clients are responsible for inventory management, order fulfillment, customer service, and compliance with all applicable eCommerce regulations including Consumer Rights Directive, Distance Selling Regulations, and VAT requirements.
  5. Product data migration from existing systems is available at additional cost. The Brand Muffin is not liable for data loss or corruption during migration.
  6. Integration with third-party systems (CRM, ERP, inventory management) may require additional development time and cost.

11. Analytics Services Terms and Conditions

  1. Analytics services include setup, configuration, and reporting as specified in the quotation.
  2. The Brand Muffin will implement tracking codes and configure analytics platforms but is not responsible for data accuracy issues caused by ad blockers, browser settings, cookie consent requirements, or third-party interference.
  3. Clients are responsible for maintaining their own analytics platform accounts and ensuring compliance with privacy regulations including GDPR, ePrivacy Directive, and cookie consent requirements.
  4. Custom reporting and advanced analytics dashboards may require additional development time and ongoing maintenance fees.
  5. The Brand Muffin does not guarantee specific performance metrics or outcomes but will provide accurate reporting of available data.
  6. Analytics implementations must comply with GDPR requirements including proper cookie consent mechanisms, privacy policies, and data processing agreements.
  1. Paid media services include campaign strategy, ad creation, and management as specified in the quotation. Media spend budgets are separate from management fees.
  2. Clients are responsible for providing advertising budgets and maintaining funding in their ad platform accounts.
  3. The Brand Muffin is not responsible for ad platform policy violations, account suspensions, or performance fluctuations beyond our control.
  4. Campaign performance depends on many factors including audience, market conditions, competition, and ad platform algorithms. The Brand Muffin does not guarantee specific results such as click-through rates, conversion rates, or return on ad spend.
  5. Clients must approve all ad creative and copy before campaigns launch. The Brand Muffin is not liable for ads that violate platform policies if approved by the client.
  6. Monthly reporting will be provided as specified in the agreement. Additional reporting or analysis may incur extra charges.
  7. Paid media campaigns must comply with applicable advertising regulations including consumer protection laws and platform-specific policies.

13. SEO and AIO Services Terms and Conditions

  1. Search Engine Optimization (SEO) and AI Optimization (AIO) services include strategies, implementation, and reporting as specified in the quotation.
  2. The Brand Muffin is not responsible for search engine rankings or fluctuations resulting from algorithm changes, AI model updates, or other external factors beyond our control.
  3. SEO and AIO are ongoing processes and results cannot be guaranteed. The Brand Muffin will use industry best practices but makes no warranties regarding specific ranking positions, traffic levels, or AI-generated content visibility.
  4. AIO services may include optimization for AI-powered search engines, chatbots, and large language models (LLMs) including but not limited to ChatGPT, Google Gemini, Perplexity, and other AI systems.
  5. Content optimization for AI systems requires structured data implementation, semantic markup, and content formatting that may differ from traditional SEO approaches.
  6. The Brand Muffin does not guarantee how AI systems will interpret, cite, or display client content in AI-generated responses.
  7. AIO strategies may evolve as AI technologies develop. The Brand Muffin will adapt approaches based on emerging best practices but cannot predict future AI system behaviors.
  8. Clients are responsible for ensuring that content optimized for AI systems complies with all applicable copyright, trademark, and intellectual property laws.
  9. Technical SEO implementations including schema markup, structured data, and site architecture improvements are included as specified in the quotation. Advanced technical work may incur additional charges.
  10. Content creation for SEO and AIO purposes is available as a separate service unless included in the quotation.

14. General Service Disclaimers

  1. The Brand Muffin is not responsible for policies or changes implemented by third-party platforms, software, or services that may affect client projects.
  2. The Brand Muffin does not guarantee specific performance results, rankings, traffic levels, or business outcomes.
  3. Third-party platform submissions (app stores, directories, search engines, AI systems, etc.) may take indefinite periods for approval or indexing, and The Brand Muffin makes no guarantees regarding timelines or acceptance.
  4. All services are provided "as is" without warranties of any kind, either express or implied, except as explicitly stated in these terms.
  5. The Brand Muffin's liability for any claim arising from services provided is limited to the amount paid by the client for the specific service in question.
  1. All work product, including but not limited to designs, code, videos, and creative assets, remains the intellectual property of The Brand Muffin until full payment is received. Upon full payment, the client receives full ownership and rights to use the delivered work, except for any third-party licensed components.
  2. All content, brand assets, and materials provided by the client remain the property of the client.
  3. The Brand Muffin retains the right to use non-confidential elements of completed projects in its portfolio, case studies, and marketing materials unless a non-disclosure agreement explicitly prohibits such use.
  4. Any pre-existing intellectual property, tools, frameworks, or methodologies used by The Brand Muffin remain the property of The Brand Muffin.
  5. Third-party assets (stock photos, fonts, music, plugins) are licensed separately and do not transfer ownership to the client. Clients must comply with all licensing terms.
  6. Content generated with the assistance of AI tools is transferred to the client upon full payment, subject to the terms of use of the AI platforms utilized.

16. Breach

  1. Non-payment may result in suspension of services until full payment is received.
  2. Continued non-payment may result in removal of work product from public view until payment is made.
  3. Client insolvency or persistent delays may lead to immediate termination of the contract by The Brand Muffin.
  4. The Brand Muffin reserves the right to charge reasonable costs for debt recovery, including but not limited to legal fees and collection agency charges.

17. Force Majeure

  1. Neither party shall be liable for any failure or delay in performing their obligations under these terms where such failure or delay results from circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, pandemic, government restrictions, natural disasters, strikes, or failures of internet infrastructure.
  2. If a force majeure event continues for more than 60 days, either party may terminate the agreement upon written notice without liability for such termination.

18. Disputes and Governing Law

  1. These terms and conditions shall be governed by and construed in accordance with the laws of Ireland and the European Union where applicable.
  2. Any disputes arising from these terms or services provided by The Brand Muffin shall be subject to the exclusive jurisdiction of the Irish courts.
  3. In the event of a dispute, both parties agree to first attempt to resolve the matter through good faith negotiations. If the dispute cannot be resolved within 28 days, either party may pursue formal legal proceedings or alternative dispute resolution.
  4. For consumer clients within the EU, nothing in these terms affects your statutory rights under EU consumer protection law.
  5. The prevailing party in any legal action shall be entitled to recover reasonable legal fees and costs where permitted by law.

19. Data Protection and Privacy

  1. The Brand Muffin is committed to protecting client data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.
  2. The Brand Muffin will act as a data processor when handling personal data on behalf of clients. Clients remain the data controller and are responsible for ensuring lawful processing of personal data.
  3. A separate Data Processing Agreement (DPA) will be provided where required by GDPR for services involving personal data processing.
  4. Clients must ensure they have appropriate legal bases for collecting and processing personal data through websites, marketing campaigns, or other services provided by The Brand Muffin.
  5. The Brand Muffin will implement appropriate technical and organizational measures to protect client data but is not liable for data breaches caused by factors outside our control.
  6. Clients are responsible for implementing and maintaining appropriate privacy policies, cookie notices, and consent mechanisms on their digital properties.

20. What Can Be Expected of Us

  1. The Brand Muffin commits to providing professional, clear, and timely communication.
  2. The Brand Muffin aims to deliver high-quality creative work that meets client expectations and adheres to agreed deadlines.
  3. The Brand Muffin will treat all client information with confidentiality and in accordance with applicable data protection laws including GDPR.
  4. The Brand Muffin will use industry best practices and modern standards in all deliverables.
  5. The Brand Muffin will be transparent about project progress, challenges, and any factors that may impact timelines or deliverables.

21. What We Expect of Our Clients

  1. Clients must provide necessary information, assets, and feedback in a timely manner and settle invoices within the agreed terms.
  2. Clients must provide honest, complete, and accurate information relevant to the project.
  3. Clients must be available for reasonable consultations and provide timely approvals throughout the project lifecycle.
  4. Clients must respect the professional expertise of The Brand Muffin team and maintain courteous, professional communication.
  5. Clients must ensure all content, assets, and materials provided do not infringe on any third-party copyrights or intellectual property rights.
  6. Clients must comply with all applicable laws and regulations in their use of services and deliverables provided by The Brand Muffin.

22. Improving Our Services

  1. The Brand Muffin welcomes feedback to continually enhance its services and encourages open communication if expectations are not met.
  2. Client testimonials, feedback, and project case studies may be used in marketing materials unless the client explicitly requests otherwise or a non-disclosure agreement is in place.
  3. The Brand Muffin may contact clients for feedback surveys or reviews to help improve service quality.