Terms of Service

1. Agreement to Terms

By accessing or using the Head North Creative website and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our Services.

2. Description of Services

Head North Creative provides digital development services, including but not limited to:

• AI-powered web and application development
• Custom software development and MVP creation
• Digital design and user experience services
• Business automation and workflow solutions
• Consulting and technical advisory services

3. Use of Services

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.

3.2 Account Responsibilities

If you create an account with us, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Providing accurate and complete information

3.3 Prohibited Uses

You agree not to:

• Use our Services for any illegal or unauthorized purpose
• Violate any laws or regulations in your jurisdiction
• Infringe upon the intellectual property rights of others
• Transmit any viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services or servers
• Impersonate any person or entity
• Harass, abuse, or harm another person

4. Project Engagement and Deliverables

4.1 Project Scope

Each project engagement will be governed by a separate Statement of Work (SOW) or project agreement that outlines:

• Project scope and deliverables
• Timeline and milestones
• Pricing and payment terms
• Specific terms and conditions

4.2 Client Responsibilities

Clients are responsible for:

• Providing timely feedback and approvals
• Supplying necessary materials, content, and access
• Making timely payments as agreed
• Communicating changes or concerns promptly

4.3 Revisions and Changes

Changes to project scope may result in additional fees and timeline adjustments. All change requests must be submitted in writing and approved by both parties.

5. Payment Terms

5.1 Pricing

All prices are quoted in Euros (€) unless otherwise specified. Pricing is subject to change, but changes will not affect projects already under contract.

5.2 Payment Schedule

Payment terms will be specified in each project agreement. Typical payment structures include:

• Upfront deposit before work commences
• Milestone-based payments throughout the project
• Final payment upon project completion

5.3 Late Payments

Late payments may result in project suspension and interest charges. We reserve the right to withhold deliverables until payment is received in full.

5.4 Refunds

Refund policies will be specified in individual project agreements. Generally, deposits and payments for completed work are non-refundable.

6. Intellectual Property Rights

6.1 Client-Owned Content

You retain all rights to content, materials, and information you provide to us. By providing such materials, you grant us a license to use them for the purpose of delivering our Services.

6.2 Deliverables

Upon full payment, you will own the final deliverables as specified in the project agreement. We retain the right to use project work in our portfolio and marketing materials unless otherwise agreed.

6.3 Pre-existing Materials

We retain ownership of all pre-existing intellectual property, including but not limited to code libraries, frameworks, templates, and methodologies developed prior to or independently of your project.

6.4 Third-Party Components

Projects may incorporate third-party software, libraries, or services subject to their own licenses. You are responsible for complying with such licenses.

7. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of our engagement. This obligation survives the termination of our relationship.

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the right to provide the Services
• Deliverables will substantially conform to agreed specifications

8.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEAD NORTH CREATIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify and hold harmless Head North Creative from any claims, damages, losses, liabilities, and expenses arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Content or materials you provide to us

11. Termination

11.1 Termination by Either Party

Either party may terminate a project engagement with written notice. Termination terms, including payment for work completed, will be governed by the project agreement.

11.2 Termination for Cause

We may terminate or suspend access to our Services immediately, without prior notice, for:

• Breach of these Terms
• Non-payment
• Illegal or harmful conduct
• Any reason at our sole discretion

11.3 Effect of Termination

Upon termination, you must pay for all work completed up to the termination date. Provisions that by their nature should survive termination shall survive, including confidentiality, intellectual property, and limitation of liability.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

12.2 Dispute Resolution Process

In the event of any dispute, the parties agree to first attempt to resolve the matter through good faith negotiation. If negotiation fails, disputes may be resolved through mediation or arbitration before resorting to litigation.

13. General Provisions

13.1 Entire Agreement

These Terms, together with any project agreements and SOWs, constitute the entire agreement between you and Head North Creative regarding our Services.

13.2 Modifications

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page. Your continued use of our Services after such changes constitutes acceptance of the new Terms.

13.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13.4 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

13.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14. Contact Information

If you have any questions about these Terms, please contact us at: