1. Agreement
These Terms of Service (“Terms”) form a binding agreement between WebFluence Digital (“WebFluence”, “we”, “us”) and you (“you”, “Customer”). By using webfluence.digital or engaging us for services, you accept these Terms. If you are using our services on behalf of a company, you confirm you have authority to bind that company.
2. About us
WebFluence Digital is a Dublin-based digital studio providing web design, SEO, and AI automation services to Irish and UK SMEs. The legal entity behind WebFluence Digital is WebFluence Digital LLC, registered in the State of Wyoming, USA, but services are operated and invoiced from Dublin, Ireland and these Terms are governed by Irish law (clause 13).
3. The website
Use of webfluence.digital is free. By submitting any form, you agree we may contact you in response. The content of webfluence.digital is for general information and does not constitute professional advice. We do not guarantee uninterrupted availability.
4. Custom services (web design, SEO, AI automation)
When we engage on a project, the scope, deliverables, timeline, and price are governed by a separate written proposal you accept by email or by paying the deposit. Where the proposal and these Terms conflict, the proposal controls for that engagement.
In the absence of a project-specific clause:
- Payment: 50% deposit on engagement, 50% on delivery. Invoices due within 14 days. Late payments may accrue interest at 1.5% per month or the rate permitted under the European Communities (Late Payment in Commercial Transactions) Regulations, whichever is lower.
- Intellectual property: on full payment, you receive ownership of the final project deliverables specific to your engagement. WebFluence retains rights to underlying frameworks, code libraries, design systems, and methodologies used to produce them.
- Revisions: included as scoped. Out-of-scope changes are billed at our then-current rates.
- Cancellation & refunds: custom work is non-refundable once started; if we cannot deliver due to our fault, we refund the unworked portion of the deposit. EU consumer right of withdrawal applies to consumers (not businesses) at the statutory 14-day window.
- Hosting and third-party fees: any third-party costs (domain registration, hosting, SaaS subscriptions, paid plugins) are passed through to you and are your responsibility unless explicitly bundled in the proposal.
5. Subscription products
Where we offer a subscription product (e.g. SEO retainer, ongoing AI automation, future Local Hero subscription), the subscription terms — pricing, billing cycle, cancellation, refund window — are stated at the point of sign-up and form part of these Terms. We may change pricing for new sign-ups; existing subscribers receive at least 30 days’ notice before any price change applies to them.
6. Acceptable use
You agree not to use any WebFluence service to:
- Violate any law or regulation
- Infringe any third party’s rights
- Send spam, harass any person, or transmit malware
- Reverse-engineer, scrape, or attempt unauthorised access to our systems
- Resell or sublicense our services without our written agreement
- Misrepresent your identity or authority
We may suspend or terminate access for violations.
7. Intellectual property
Trademarks, logos, copy, design, and code on webfluence.digital are owned by WebFluence Digital or our licensors. Frameworks, design systems, code libraries, and methodologies developed by us remain our intellectual property; you receive a perpetual licence to use them as embodied in the deliverables we ship to you, but not as standalone assets to resell. You retain ownership of the content and brand assets you supply to us.
8. AI-generated content
Some services use third-party AI models (e.g. Anthropic Claude, OpenAI) to generate or assist content. AI output may be inaccurate, off-tone, or unintentionally similar to other works; you are responsible for reviewing AI-assisted output before using it publicly. WebFluence is not liable for AI output that you choose to publish without review or modification.
9. Disclaimers
Our services are provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee specific results — including SEO rankings, conversion rates, or business outcomes — from use of our services. SEO, content marketing, and AI-generated outputs depend on factors outside our control (search engine algorithms, customer behaviour, market conditions).
10. Limitation of liability
To the maximum extent permitted by law:
- Our total aggregate liability to you for any claim arising out of or relating to these Terms or any service is limited to the amount you paid us in the 12 months preceding the event giving rise to the claim, or €500, whichever is greater.
- We are not liable for indirect, incidental, special, consequential, or punitive damages, lost profits, lost revenue, lost data, or business interruption.
- Nothing in these Terms limits liability for fraud, gross negligence, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited under Irish law.
11. Indemnification
You agree to indemnify WebFluence against any third-party claim arising out of (a) your breach of these Terms, (b) your violation of any law or third-party right, or (c) content you supply to us or publish via our services.
12. Term and termination
These Terms apply as long as you use any WebFluence service. We may suspend or terminate access for violation or non-payment. Upon termination, access ends; we retain data per our Privacy Policy retention schedule; sections that by their nature should survive (IP, liability limits, indemnity, governing law) survive termination.
13. Governing law and disputes
These Terms are governed by the laws of the Republic of Ireland, without regard to conflict of laws principles. The courts of Ireland have exclusive jurisdiction, except where applicable consumer-protection law gives an EU/UK consumer the right to bring proceedings in their country of residence — that right is preserved. You agree to attempt to resolve any dispute by good-faith email exchange for at least 30 days before filing any claim.
14. Changes
We may update these Terms. Material changes are communicated via email (for active engagements) or a banner on our website at least 14 days before they take effect. Your continued use after the effective date constitutes acceptance.
15. Miscellaneous
- Entire agreement: these Terms plus any specific proposal or product terms constitute the full agreement on this subject.
- Severability: if any clause is unenforceable, the remainder stands.
- No waiver: our failure to enforce any clause is not a waiver of our right to enforce it later.
- Assignment: you may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of assets.
- Force majeure: neither party is liable for delay or failure caused by events beyond reasonable control.
16. Contact
WebFluence Digital
Operating from Dublin, Ireland
Email: dusan.walla@webfluence.digital
These Terms were prepared with the assistance of AI tooling. Customers entering substantial engagements (€10k+ projects, multi-year subscriptions) should have the agreement reviewed with qualified counsel.