Last updated: 29/09/2026
1. Who we are
These Terms of Service ("Terms") govern your use of the website brainysolutions.net and any web design, development, e-commerce, SEO or related digital services (the "Services") provided by Oleksandr Kolchyk, trading as Webshed ("we", "us", "our"), a self-employed sole trader based in Ireland.
By browsing this website or engaging us for Services, you ("you", "client") agree to these Terms. If you don't agree, please don't use the website or engage our Services.
2. Our services
We provide custom web design and development, e-commerce builds, SEO & AI-search optimisation, visual content production (photo and drone), and ongoing maintenance and support, as described on this website or agreed in a specific project quote.
We build fully custom sites — no pre-built templates — and every project starts with a free prototype before you commit to a full build.
3. Quotes, pricing & payment
Every project starts with a free, no-obligation prototype and a written quote. Quoted prices are fixed for the agreed scope of work — if you request work outside that scope, we'll agree a separate quote for it before proceeding, not add cost without asking.
We are not currently VAT-registered. Under Irish law, sole traders supplying services only need to register for VAT once annual turnover reaches or is likely to reach €42,500 in any rolling 12-month period; while we remain under that threshold, no VAT is added to our prices.
Payment is normally split across a deposit to begin work, one or more milestone payments as the project progresses, and a final payment before the site goes live and source files/access are handed over. Exact percentages and dates are set out in your project quote. Payments are due in euro (EUR) by bank transfer unless otherwise agreed. Late payment may pause work on your project until the outstanding amount is settled.
If your project may qualify for a Trading Online Voucher (TOV) or similar government grant, we're happy to help structure the quote accordingly — but the grant application and approval itself is between you and your Local Enterprise Office; we don't control or guarantee its outcome.
4. The project process
A typical project runs: initial brief and consultation call → free prototype → written quote and deposit → design and development → your review and feedback → revisions within the agreed scope → final payment → launch.
We'll ask you to review and sign off key stages (design, content, final site) in writing before we move to the next one — this keeps the project on schedule and avoids rework.
5. Your responsibilities
To keep the project on schedule, we ask you to: provide text, images, logos and other materials by the agreed date; give timely feedback at each review stage; and make sure anyone approving the work on your side is actually involved throughout, not just at the end.
Delays in providing materials or feedback may delay your launch date accordingly — we'll always tell you if that's happening, we won't let it pass silently.
6. Content you provide
You're responsible for any text, images, logos, video, or other material you give us to use in your project ("Client Content"). By providing it, you confirm that you own it or hold the necessary rights and licences to let us use it and incorporate it into your project, and that it doesn't infringe anyone else's intellectual property, privacy, or other rights, and isn't unlawful, defamatory, or otherwise improper.
You agree to indemnify us against any claims, losses, costs, or damages (including reasonable legal fees) arising from a claim that Client Content infringes a third party's rights or breaches applicable law.
We may decline to use, or ask you to replace, any Client Content we reasonably believe is unlawful, infringing, or otherwise inappropriate.
7. Intellectual property & portfolio rights
Once we've received full payment, you own the final website we build for you — the design, code and content created specifically for your project. This doesn't include our own pre-existing tools, code libraries or general know-how, which we may reuse across other projects, and it doesn't include third-party assets (stock photography, fonts, plugins) that are licensed rather than owned outright — where that applies, we'll tell you what licence terms carry over to you.
Unless you tell us in writing that you'd prefer otherwise, we may showcase the completed project in our portfolio, case studies and marketing (including screenshots, a project description, and, where you're willing to share them, real outcomes like traffic or conversion figures). This matters to us, particularly for newer client relationships — if you'd rather not be featured, just say so and we'll leave you out.
8. Warranty & post-launch support
Every project includes 4 months of post-launch warranty support from the go-live date, covering fixes to bugs and defects in the work we delivered. This doesn't cover new features, content changes, or issues caused by changes you or a third party made to the site after launch, or by updates to third-party plugins, browsers, or platforms we don't control. After the warranty period, ongoing support is available under our Maintenance plans.
9. Ongoing maintenance & hosting
If you take one of our Maintenance plans, it's billed and renewed as agreed separately from the project itself, and can be cancelled by either side with 30 days' written notice. If you host with a third-party provider rather than through us, keeping that hosting account active and paid is your responsibility — we're not liable for downtime caused by your hosting provider or domain registrar.
10. Your website's ongoing legal compliance
Once your website is live, you're responsible for its ongoing content and legal compliance — including your own privacy policy and cookie consent, terms of service, consumer-protection information, e-commerce and payment-related obligations, and any licences or permissions needed for content you publish or products you sell. We build your site to reflect current good practice at the time of launch, but we don't provide ongoing legal advice, and we're not responsible for keeping your site compliant with laws that change after launch, or for compliance issues arising from content or changes made by you or a third party after handover. If you'd like our help implementing specific compliance features (e.g. a cookie banner, privacy policy page, accessibility improvements), we're happy to quote for that separately.
11. Cancellation & refunds
You can cancel a project in writing at any time. The deposit isn't refundable, as it covers the time we've already set aside and started on your project. If you cancel after work has begun, you'll be invoiced for the work completed up to that point, at the rate implied by your quote; anything paid beyond that will be refunded.
We reserve the right to decline or pause a project — for example, for non-payment, or if we're unable to reach you for feedback for an extended period — and will always tell you why.
(See Section 12 below for your statutory right of withdrawal if you are a consumer — it works alongside this section, not instead of it.)
12. Right of withdrawal (consumers)
If you are a consumer (i.e. you are engaging us for purposes outside your trade, business, craft or profession) and our agreement is a distance contract (for example, agreed remotely by email, phone, or online, without meeting in person), you have a statutory right to withdraw from the contract within 14 calendar days of the day the contract is concluded, without giving any reason.
How to withdraw: tell us clearly — by email to info@brainysolutions.net, or using the "Withdraw from contract here" form at brainysolutions.net/about#withdraw-contract — before the 14-day period ends.
Because our process typically involves us starting work (e.g. the free prototype) before 14 days have passed, please note:
- If you'd like us to start work during the 14-day withdrawal period, we'll ask you to confirm this in writing first.
- If you withdraw after we've started work at your request, you'll be charged a proportionate amount for the work carried out up to the point you told us you were withdrawing; anything paid beyond that will be refunded within 14 days of your withdrawal notice.
- If, at your express request, we fully complete the agreed service before the 14 days are up, your right of withdrawal ends once the work is fully delivered — we'll always confirm this with you in writing first, as required by law.
This right applies only to consumers — not to businesses, sole traders, or professionals engaging us for their trade or profession.
13. No guaranteed results
We build sites to a high standard and follow current SEO and performance best practice, but we can't guarantee specific outcomes — search rankings, traffic, leads or sales depend on many factors outside our control (competition, your market, algorithm changes, how you run the rest of your business). Figures shown in our portfolio describe results actually achieved for that client's specific circumstances, not a promise of the same result for every project.
14. Limitation of liability
To the fullest extent permitted by Irish law, our total liability arising from any project is limited to the total fees you've paid us for that project. We're not liable for indirect or consequential losses (like lost profits or lost business).
Any claim relating to the Services must be brought within 12 months of the date the relevant work was delivered, after which it is time-barred, except where a longer period is required by law (for example, in relation to your statutory consumer rights).
This limitation does not apply to your indemnity obligations under Section 6 (Content you provide). Nothing in these Terms limits liability that can't legally be limited — for example, for death or personal injury caused by negligence, or fraud — nor does it limit any statutory rights you have as a consumer that cannot legally be excluded.
15. Force majeure
Neither of us is liable for delay or failure to perform an obligation under these Terms (other than a payment obligation) caused by circumstances reasonably beyond our control — for example, illness, internet or utility outages, extreme weather, industrial action, or failures of third-party platforms or suppliers we depend on. We'll tell you as soon as reasonably possible if this affects your project, and agree a revised timeline with you. If such an event continues for more than 60 days, either of us may cancel the affected project in writing, and Section 11 (Cancellation & refunds) will apply to work completed so far.
16. Using this website
The content, design and code of this website belong to us unless stated otherwise. You're welcome to browse it and share links to it; please don't copy or reuse our design, code or written content without asking. We try to keep this site accurate and available, but we don't guarantee it will be error-free or uninterrupted at all times.
17. General provisions
Subcontractors: We may use trusted freelancers or subcontractors to help deliver parts of the Services; we remain responsible for the work delivered to you.
Assignment: You may not transfer your rights or obligations under these Terms without our written consent. We may transfer ours — for example, if we restructure our business — provided this doesn't reduce the level of service or protection you're entitled to.
Entire agreement: These Terms, together with your project quote, are the entire agreement between us for the project, and replace any earlier discussions or proposals on the same subject. Changes must be agreed in writing (email is fine).
No waiver: If we don't enforce a right under these Terms on one occasion, that doesn't mean we've given it up for the future.
Severability: If any part of these Terms is found unenforceable, the rest continues to apply, and the unenforceable part is treated as replaced by something that achieves its intended effect as closely as possible.
Confidentiality: Each of us will keep confidential any non-public business information we learn about the other while working together, and use it only for the purposes of the project, unless required to disclose it by law.
Notices: Any formal notice under these Terms (e.g. cancellation, withdrawal) can be sent by email to info@brainysolutions.net, or to the email address you provided us, and is treated as received the next business day.
18. Governing law & changes
These Terms are governed by the laws of Ireland, and any dispute will be handled by the Irish courts. If you are a consumer resident in another EU/EEA member state, this choice of law does not deprive you of the protection of any mandatory consumer-protection rules of the country where you are resident.
We may update these Terms from time to time — the "Last updated" date at the top will always reflect the current version, and for active projects, we'll let you know if a change materially affects you.
19. Contact us
Oleksandr Kolchyk, trading as Webshed info@brainysolutions.net +353 87 190 1311