Terms of service
Last updated
Jan 19th 2026
Phone
Address
Penthouse Floor, Rivercourt HQ, River Court Business Centre, Robert St, Cornmarket Row, Prior's-Land, Limerick, V94 FVH4, Ireland
[01]
Overview
1.1 / Project-Based Services
Brainstorm* is the trading name of David Curtin (sole trader). We provide fixed-scope design and digital services delivered under a written proposal, statement of work, or email confirmation that defines deliverables, timelines, assumptions, and fees. Unless agreed otherwise, milestone dates are estimates and depend on timely client input. Any included revision rounds will be stated in writing. Final delivery and release of usage rights are conditional on full payment.
1.2 / Retainer Services
Retainer services provide ongoing access to Brainstorm within an agreed monthly allocation and priority scheduling relative to ad hoc work. Retainers cover work requested and approved during the active term, subject to reasonable capacity and lead times. Billing cadence and any minimum term will be set out in the retainer agreement. Unless expressly stated, unused hours expire at the end of each billing period and do not roll over.
[02]
Services Terms
2.1 / Project Terms
Work begins only after written acceptance of the proposal and receipt of any required deposit, and after we receive the materials and access we reasonably need to commence. If start dates are reserved, deposits secure that slot and are not refundable once scheduling and planning has begun. Requests for accelerated delivery may incur a rush fee. Work outside scope, additional revision rounds, or changes after approval are chargeable at our standard rate or a quoted fee, and may affect timelines.
2.2 / Retainer Terms
Retainers are agreed in writing and typically require an initial minimum term. Cancellation requires written notice, and services may continue through the notice period provided invoices are paid when due. Retainers are not a guarantee of unlimited availability and do not include third-party costs. Where monthly hours are exceeded, overage will be billed at the agreed hourly rate or applied against a new scope. We may refuse requests that are unlawful, unsafe, or outside agreed services.
[03]
Scope of Work
3.1 / Included Services
Depending on the agreement, services may include brand and identity design, website and digital product design, website builds and implementation, accessibility and compliance-focused improvements, eCommerce setup, UI/UX, content structuring, marketing and campaign assets, presentations, and related advisory and optimisation work. Deliverables, formats, inclusions, and handover requirements are limited to what is expressly stated in the applicable agreement.
3.2 / Excluded Services
Unless expressly included in writing, the following are excluded: legal advice, regulatory certification, penetration testing, guaranteed rankings or revenue outcomes, procurement of third-party licences in the client’s name, ongoing hosting and domain administration, copywriting at volume, photography and video production, complex 3D, app development, and any services requiring regulated professional sign-off. Where we provide guidance on compliance, accessibility, or privacy, the client remains responsible for legal review and final responsibility for their obligations.
[04]
Client Responsibilities
4.1 / Required Materials
You must provide accurate, complete, and timely materials, including project briefs, brand assets, content, approvals, and access credentials where required. You warrant that you own or have the right to use and provide all materials supplied to us, and that your instructions do not infringe third-party rights. Delays in providing materials or approvals may pause timelines and rescheduling may be required.
4.2 / Communication
You must appoint a single decision-maker or point of contact with authority to provide approvals and consolidated feedback. Unless otherwise agreed, you will respond to concepts, questions, and approval requests within a reasonable timeframe. We may treat silence or non-response as a delay attributable to the client, and we may pause work until feedback is received.
[05]
Intellectual Property
5.1 / Rights and Ownership
All intellectual property rights in our methods, tools, templates, systems, know-how, and working files remain with Brainstorm. Unless expressly agreed as an assignment in writing, ownership of deliverables is not transferred. On full payment of all sums due, we grant you a worldwide, non-exclusive, non-transferable licence to use the final deliverables supplied for your internal business purposes and marketing in the ordinary course of your business. This licence does not permit resale, sublicensing, or use as a template or product for third parties, nor use that competes with Brainstorm’s services. Any broader rights must be agreed in writing and may require additional fees. We may display completed work for portfolio and promotional purposes, including case studies, unless you notify us in writing before commencement that the project is confidential. Confidential projects may still be listed by name and sector unless you request otherwise in writing.
5.2 / File Delivery
We deliver final files in the formats stated in the agreement. Source files, editable files, and working files are included only if explicitly stated. Third-party assets (fonts, stock, plugins, licences, frameworks) may be subject to separate terms and may require you to hold your own licences. Delivery is made via a secure transfer method or agreed platform. After handover, ongoing storage is not guaranteed unless agreed.
[06]
Revisions and Changes
6.1 / Project Revisions
Included revisions are limited to the number and scope stated in the agreement. Minor refinements consistent with the approved direction are included within that allowance. Changes of direction, new requirements, or alterations after approval are scope changes and will be treated as additional work. Revision requests must be consolidated and provided clearly to avoid delay and rework.
6.2 / Scope Changes
Any scope change must be confirmed in writing. We will quote additional fees and any timeline impact before proceeding. Until the change is approved, we may continue only on the original scope or pause work. Where a change renders prior work unusable, that work remains billable as time and deliverables produced.
[07]
Payment Terms
7.1 / Project Payments
Unless otherwise stated, projects require a deposit on acceptance, with the balance due prior to final delivery or launch. Invoices are payable Net 15 unless otherwise stated. We may suspend work, withhold deliverables, disable staging access, and reschedule timelines if payments are overdue. Interest and recovery costs may apply to overdue balances where permitted by law.
7.2 / Retainer Payments
Retainers are payable in advance on the agreed billing date. If a retainer invoice is unpaid, services may be paused until the account is brought current, and priority scheduling may be lost. Overage hours and third-party costs are billed in arrears unless otherwise agreed. Discounts, if any, apply only while payments remain up to date.
[08]
Cancellation and Termination
8.1 / Project Cancellation
You may cancel a project by written notice. Fees are payable for work completed to date and for time reserved, planning, and commitments already made. Deposits are non-refundable once work has commenced or time has been reserved. Where cancellation occurs after concept presentation or approval, you will be invoiced for the value of work produced and any committed costs. Licences to use any delivered work are granted only upon payment in full.
8.2 / Retainer Termination
Retainers may be terminated by written notice in line with the agreement. No refunds are provided for unused hours unless expressly stated. We will invoice for any work completed and any overage incurred up to the termination date. On request and subject to payment in full, we will provide a reasonable handover of in-progress materials in the form and extent agreed.
[09]
Confidentiality
Each party agrees to keep confidential information private and to use it only for the purpose of performing the services. Confidential information includes project materials, pricing, credentials, business plans, and non-public communications. This obligation does not apply to information that is public through no fault of the receiving party, or that must be disclosed by law. If you require a separate NDA, it must be agreed in writing before disclosure.
[10]
Liability and Indemnification
10.1 / Limitation of Liability
To the maximum extent permitted by law, Brainstorm is not liable for indirect, incidental, special, consequential, or punitive losses, including loss of profit, revenue, goodwill, data, or business interruption. Our total liability arising out of or in connection with the services is limited to the fees actually paid to Brainstorm for the specific project or, for a retainer, the fees paid in the two months preceding the event giving rise to the claim. We do not warrant that deliverables will be error-free, uninterrupted, or will achieve any particular commercial result, and any timelines are estimates unless explicitly guaranteed in writing.
10.2 / Indemnification
You agree to indemnify and hold Brainstorm harmless against claims, liabilities, losses, and expenses arising from materials you provide, instructions you give, your use of deliverables, and your breach of these terms, including claims relating to intellectual property infringement, defamation, privacy, and regulatory compliance. Brainstorm will notify you of any such claim and cooperate reasonably in your defence.
[11]
General Terms
11.1 / Independent Contractor
Brainstorm acts as an independent contractor. Nothing in these terms creates a partnership, joint venture, employment, or agency relationship. You have no authority to bind Brainstorm. Each party is responsible for its own taxes and expenses.
11.2 / Force Majeure
Neither party is liable for delay or failure caused by events beyond reasonable control, including outages, supplier failures, natural events, labour disruption, and government action. Where force majeure occurs, timelines will be extended and both parties will act reasonably to reduce impact. Payment obligations for work completed remain due.
[12]
Dispute Resolution
If a dispute arises, the parties will first attempt to resolve it promptly through good faith discussions. If unresolved, the parties agree to attempt mediation before commencing formal proceedings, unless urgent injunctive relief is required to protect rights or confidential information. The governing law and forum will be the jurisdiction specified in the proposal or invoice, or if none is stated, the jurisdiction where Brainstorm ordinarily carries on business.
[13]
Modifications
We may update these terms from time to time. Updated terms will apply to new work from the effective date. For active retainers, we will provide reasonable notice where changes are material. Project-specific agreements prevail where they conflict with these general terms. Any variation must be agreed in writing.
[14]
Entire Agreement
These Terms of Service, together with any proposal, statement of work, invoice terms, or written variations agreed between the parties, form the entire agreement and supersede prior discussions and representations. By engaging Brainstorm, you confirm that you have read, understood, and agree to be bound by these terms.
By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.