Terms & Conditions

About these terms

These terms govern the services provided by McNulty Automation (Matthew McNulty, sole trader established in England and Wales). These terms come into effect when a client signs or returns a written quote, or pays a deposit, whichever is earlier.

Services

McNulty Automation provides custom workflow automation consulting and development. The specific scope, deliverables, and timeline for each project are agreed in writing before work begins. Any changes to the agreed scope will be discussed and confirmed by both parties before being implemented.

On delivery, clients have 5 business days to review deliverables and either confirm acceptance in writing or provide specific feedback identifying any non-conformance with the agreed scope. Failure to respond within 5 business days is deemed acceptance. If deliverables do not meet the agreed scope, McNulty Automation will carry out revisions at no additional charge.

Where portal access is included as a project deliverable, clients receive a login to the McNulty Automation client portal to view their active workflows, execution history, and invoices. Portal access is active for the duration of the engagement and will be deactivated upon termination.

Client responsibilities

To enable McNulty Automation to deliver services effectively, clients agree to: provide timely access to relevant systems and credentials; supply accurate and complete information about their requirements; review and provide feedback on work within agreed timeframes; and notify us promptly of any changes that affect the project scope.

Delays or failures caused by a client's failure to meet these responsibilities may affect timelines and costs. McNulty Automation is not liable for such delays or failures.

Quotes & payment

• Quotes are valid for 30 days from the date of issue.
• Payment is due within 14 days of invoice.
• For project work: 50% deposit before work begins, with the remaining 50% due on acceptance (within 14 days of the acceptance invoice).
• For monthly retainers: billed at the start of each month.
• All prices are in GBP and exclude VAT (McNulty Automation is not VAT registered).
• Invoice disputes must be raised in writing within 30 days of the invoice date. Invoices not disputed within this period are deemed accepted and payable in full.
• Late payments will accrue interest at 8% above the Bank of England base rate, calculated daily from the due date, as well as reasonable debt recovery costs, as permitted under the Late Payment of Commercial Debts (Interest) Act 1998.

Cancellation & refunds

Project work

• Either party may terminate a project engagement with 14 days' written notice.
• All work completed up to the termination date is payable, charged pro-rata against the agreed build fee.
• The deposit is refundable in full if the client cancels before work has commenced. Once work has commenced, the deposit is non-refundable.

Monthly retainers

• Either party may cancel the retainer at any time — there is no minimum contract period.
• A pro-rata refund will be issued for any unused days in the current billing period following cancellation.

For the purpose of these terms, written notice includes email sent to the address on record for each party.

Intellectual property

All workflows, configurations, and automations built by McNulty Automation remain the intellectual property of McNulty Automation at all times.

Upon acceptance of deliverables and subject to all payments being up to date, clients are granted a non-exclusive, non-transferable licence to use the automations for the duration of their active engagement with McNulty Automation. This licence terminates when the engagement ends. Continued use of the automations requires a new written agreement.

Third-party tools, platforms, and open-source components used within the work retain their original licences. McNulty Automation retains the right to use general knowledge, skills, and techniques gained during the project.

McNulty Automation may reference your business as a client in portfolio or marketing materials, unless the client notifies McNulty Automation in writing before work commences.

Confidentiality

Both parties agree to keep project details, business information, and any shared data confidential. Neither party will disclose the other's confidential information to third parties without prior written consent. This obligation survives the termination of any agreement between us.

Disclaimer & liability

• We will exercise reasonable care and skill in providing all services.
• We cannot guarantee specific business outcomes, results, or savings from the automations we build.
• Our total aggregate liability is limited to the total fees paid in the 12 months immediately preceding the event giving rise to the claim.
• McNulty Automation is not liable for any indirect, consequential, or incidental losses arising from the use of our services or deliverables.

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

Third-party platforms

Automation services often depend on third-party platforms, APIs, and tools. McNulty Automation is not responsible for changes, outages, pricing changes, or discontinuation of third-party services.

Data processing

Where we process personal data on your behalf as part of delivering our services, we will agree a separate Data Processing Agreement (DPA) before work begins.

For details on how we handle your personal data as a client, please see our Privacy Policy.

Changes to these terms

These terms may be updated from time to time. The latest version will always be available on this page with an updated date. Changes apply to new engagements only.

Force majeure

Neither party will be in breach of these terms, nor liable for any delay or failure in performance, to the extent that such delay or failure is caused by circumstances beyond their reasonable control — including acts of God, pandemic or public health emergency, war, government action, industrial action, utility failure, or sustained internet or third-party platform outage. The affected party will notify the other as soon as practicable, will take reasonable steps to mitigate the impact, and will resume performance as soon as possible. If such circumstances continue for more than 30 consecutive days, either party may terminate the engagement by giving 5 days' written notice.

Disputes

In the event of a dispute, both parties agree to attempt to resolve it in good faith within 30 days before seeking legal remedies.

Governing law

These terms are governed by the laws of England and Wales. Any disputes arising from or in connection with these terms will be subject to the exclusive jurisdiction of the courts of England and Wales.

Contact

If you have any questions about these terms, please contact us at matthew@mcnultyautomation.com.