Terms and Conditions

Section A: Web and Graphic Design, Social Media Content Production, Digital Marketing

If we handle various sections of the project at one time, there are savings in terms of time and production, we can pass on some of these savings in discounted ‘package’ price.  Should there be any alteration to the agreed ‘package’, the package discount will no longer apply unless pre-agreed.

Project schedule:
To ensure project deadlines, all content, branding and creative direction must be delivered within fourteen days of contract commencement.  Websites take a minimum of ten weeks unless otherwise agreed from the date of final content delivery. Schedules will be formulated in advance and are conditional on content availability and timely client communications.

Payment Schedule:
As web projects take time, payments are broken up into two equal parts. Payment one – 50% is a deposit to begin work. Payment two – 50% plus any additional charges due prior to the project being published on the web.

Additional fees:
The website is developed in stages, it is important to have all visual and textual content in place at the outset.  Any delay or additional content added after ‘week four’ may incur additional charges, as more time will be necessary for production.

Patrick McHugh Digital staff are the sole ‘creatives’ on this project, any third party creative input (from someone other than the client) is by prior agreement only. All design elements such as websites, logos, or brochures and visual elements such as photography and video must be paid for in full before ‘usage rights’  are released for commercial publication.

Additional software and implementation:
Any additional software licensing such as plug-ins added after the initial estimate will incur an additional charge. Any additional costs will be discussed and agreed with you the client in advance.

Stock Management Software:
The website is not set up to  ‘handshake’ automatically with physical store cash registers for internal store stock management.  A new website can be set up to communicate with your stock management system but this needs to be agreed before any work begins and additional charges may be incurred from both your I.T. provider and Patrick McHugh Digital.

Please allow 48 hours after final approved for the website to be transferred, tested and published on the public web server.

Be aware under EU Law and the Berne Convention all copyright is, and remains the property of the ‘creator’. It is important that you have permission to use any creative elements that you incorporate into your website or marketing. Examples of these elements would include among other things, video, photography, music, copy, code, scripts etc. Patrick McHugh Digital assumes you have permission from the rightful owner to use any and all of these elements.

Email: Email service is controlled, maintained and the responsibility of the the client’s independent third party provider. Patrick McHugh Digital is not responsible for the non-delivery of email or incoming or outgoing mail tagged as ‘Spam’.

Your Terms and Data Protection: 
Under EU and Irish law you are required to publish terms and conditions on your website and be up to date on the new GDPR Data (May 2018) regulations. If you collect and store data via your website it is now necessary to encrypt communications to ensure the safety of that data. You are responsible to uphold data protection under all European and Irish law.

Maintenance, Security and Warranty:
To safeguard our work and warranty, any un-authorised work on the project will void the work agreement and terminate the warranty and maintenance contract.  For the duration of the maintenance service agreement – no third parties (other than employees of Patrick McHugh Digital ) may undertake any work on the website while it is covered by our warranty.


Section B: Photography, Video and Sound Production

This document sets forth the terms under which Patrick McHugh (“Photographer”) offers photography services to clients (“Client”) for individual shoots in the fashion, editorial, advertising and commercial sectors within the European Union (EU). These terms cover the usage of photographs, concepts, lighting, set, and location designs created by the Photographer.

Copyright Ownership:
The Photographer retains copyright ownership over all photographs, creative concepts, lighting, set designs, and location choices made for the shoot, in line with EU copyright laws. This includes exclusive rights to use, reproduce, distribute, and display the photographs, as well as to create derivative works based thereon.

Grant of Usage Rights:
The Photographer grants the Client a non-exclusive, limited license to use the delivered photographs solely for the purposes specifically agreed upon (Advertising, Press, promotional materials, online platforms). This license confers usage rights to the Client, not ownership of the photographs. The Client is strictly prohibited from sharing, selling, transferring, or sub-licensing the photographs without the Photographer’s prior written consent. Unauthorised use, sharing, or granting access to the photographs to third parties without explicit authorisation from the Photographer constitutes a breach of this agreement.

Moral Rights:
As per EU moral rights law, the Photographer shall be credited as the creator whenever the photographs are used. The Client agrees not to use the photographs in any way that negatively affects the Photographer’s reputation.

Concept, Lighting, Set, and Location Design:
The creative concepts, lighting, set designs, and location choices developed by the Photographer for the shoot, including any unique story concepts or thematic elements, are integral to the photographs’ copyright. These elements are the intellectual property of the Photographer and cannot be replicated, used, or recreated without the Photographer’s explicit written permission. The Client acknowledges the Photographer’s originality and creativity and agrees not to use these proprietary concepts outside the agreed-upon usage rights without prior consent.

Prohibited Actions
The Client shall not:

  • Alter, edit, or manipulate the delivered photographs without the Photographer’s prior written consent.
  • Use the photographs in any unlawful manner or in a way that may be considered defamatory or libellous.
  • Claim ownership or authorship of the photographs, concepts, lighting designs, set designs, or location choices.


Duration and Termination:
This agreement is effective from the date of the shoot and continues until terminated by either party with written notice. Upon termination, the Client must cease all use of the photographs and destroy any copies not purchased.

Governing Law:
This agreement is governed by the laws of the European Union and the specific laws of the Photographer’s operating country within the EU.

Amendments: Any amendments to this agreement must be made in writing and signed by both parties.

By commissioning Patrick McHugh for photography services, the Client agrees to these terms and conditions.

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