Digital Design and Web Design Terms & Conditions!

3M Multimedia Design Services is a Glasgow based web design and development firm that specialises in result-driven websites that deliver ROI. I have a true passion for web design, Graphic Design and Multimedia Design and for delivering result.

Call me on 07547 572042

Terms and Conditions | Digital and Web Design

Article 1
SCOPE OF WORK

1.1 – 3M Multimedia Design Services will perform the following work for Client (hereinafter, all such work is referred to as “Services”):

{see footer “Our Services”. All such work is hereinafter referred to as “Services”.}

In order to perform the Services, 3M Multimedia Design Services requires access and write permission to Clients website and / or clients files. Client hereby grants 3M Multimedia Design Services the right to access and write for Client’s Site directory and all other directories as necessary to perform the Services.

Search engine optimization and other such services not included in the Service may be performed by 3M Multimedia Design Services at an additional fee.If agreed to, such services will be set forth in a separate, written agreement.

1.2 – 3M Multimedia Design Services is, and will perform the Services as, an independent contractor for Client. Nothing in this Agreement shall be construed as to render 3M Multimedia Design Services an employee, agent, representative, joint venturer or partner of Client. Neither Party shall enter into any contracts, agreements or other obligations with any other parties which bind, or are intended to bind, the other Party. 3M Multimedia Design Services and Client shall each maintain sole and exclusive control over its respective personnel and operation.

1.3 – All Services provided under this Agreement shall be performed in a professional manner consistent with industry standards. Services will be performed substantially to the specifications included in Section 1.1. 3M Multimedia Design Services does not make any other guarantee as to the results of Designer’s Services. 3M Multimedia Design Services does not guarantee that any particular outcome will occur as a result of the Services, that an increase in Client’s customers will occur, or that the pages will operate uninterrupted or error free. Designer does not guarantee that Client’s exposure on the internet will be increased.

OTHER THAN EXPRESSLY PROVIDED HEREIN, 3M Multimedia Design Services MAKES NO OTHER WARRANTY WITH RESPECT TO THE SERVICES TO BE PERFORMED UNDER THIS AGREEMENT WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.

SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO CLIENT. THE FOREGOING PROVISION SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Article 2
PAYMENT

2.1 A– Payment for Services:
For the Services set forth in Article 1.1, Client shall pay to 3M Multimedia Design Services a deposit of 50% before starting any work. Payment shall be made as follows:

— Within 5 days following the Effective Date, Client shall pay to 3M Multimedia Design Services a non-refundable initial payment of (50% of the total amount due).

Upon 3M Multimedia Design Services notification to Client of the completion of the Services, Client shall pay to 3M Multimedia Design Services the remind 50%.
Such fee is due and payable prior to Designer’s delivery of the completed Services.
{OR}

2.1 B– Payment for Services: For the Services set forth in Article 1.1, Client shall pay to 3M Multimedia Design Services the remaining 50%. Payments shall be made upon completion of the milestones set forth below:
Milestone Payment Amount

{OR}

2.1 C– Payment for Services: For the Services set forth in Article 1.1, Client shall pay 3M Multimedia Design Services the hourly rate of £(Please get in touch) for all work performed. 3M Multimedia Design Services shall submit monthly invoices for all Services performed in the prior month. Payment from Client shall be due within seven (7) days of date of issue of the invoice.

2.2 C– Unless otherwise provided in this Agreement, all payments under this Agreement shall be non-cancelable and nonrefundable obligations. Payment not received on the terms set forth in Article 2.1 shall immediately be considered past due and accrue interest at the greater of 5 ½% per month or the highest interest rate allowed by law. All payments made to 3M Multimedia Design Services under this Agreement are exclusive of, and Client shall pay and hold Designer harmless from, any local, district, regional, national, or foreign sales, use, value-added, excise, customs, export, import or similar taxes or duties that may be imposed by any jurisdiction (other than taxes on the net income of 3M Multimedia Design Services).

Article 3
COMPLETION DATE and TERMINATION

3.1 –Client agrees that, in order for 3M Multimedia Design Services to fully perform the Services, Client must cooperate with 3M Multimedia Design Services and provide access and information deemed necessary by 3M Multimedia Design Services.The failure of Client to cooperate and provide access and information could have a direct result in the success of 3M Multimedia Design Services’s efforts and timeliness in completing the Services. 3M Multimedia Design Services agrees to expeditiously work to complete the Services on or before 30 days following the Effective Date or on an alternative date agreed in writing by both parties.

3.2 – Client agrees that no work shall be done on the Site while 3M Multimedia Design Services is performing the Services without 3M Multimedia Design Services’s knowledge and previous written consent.3M Multimedia Design Services shall not be responsible for delays, costs, or errors that 3M Multimedia Design Services determines are attributable to unauthorized changes to the Site.

3.3& #8211;3M Multimedia Design Services can terminate at any time, without notice, for non-payment or, in 3M Multimedia Design Services’s sole opinion, if Client is not granting the access or information needed by 3M Multimedia Design Services to fully perform the Services. Upon such termination, Client shall pay to 3M Multimedia Design Services a proportionate amount (as determined by 3M Multimedia Design Services) for all Services performed up to and including the date of termination.

3.4 – A Client can terminate at any time, by giving 7 day’s notice in writing to 3M Multimedia Design and accepting thereby that payment for all Services carried out to that date will be due to 3M Multimedia Design. Upon receipt of written termination from the Client, 3M Multimedia Design Services will prepare and provide the Client with a detailed statement and invoice for payment due for all Services performed up to and including the date of termination. Payment from Client shall be due within fourteen (14) days of the date of issue of the invoice *(for any amount over £800 ) and within seven (7) days *(for any amount less than £800). Payment not received by the due date shall immediately be considered past due and accrue interest at the greater of 5 ½% per month or the highest interest rate allowed by law.

Article 4
INDEMNIFICATION

4.1 – Client represents and warrants to 3M Multimedia Design Services that Client is the legal owner of the Site, and has the right to grant Designer access to all web pages necessary to perform the Services, and owns all materials of any kind provided to Designer for use under this Agreement and that Client has full right, title and interest to such Site and materials. Client represents and warrants that the Site and any materials provided to 3M Multimedia Design Services shall be free of any claim of trade secret, trademark, trade name, copyright, or patent infringement or other violations of any intellectual property rights of any person.

4.2 – Client shall defend, indemnify and hold harmless, 3M Multimedia Design Services, its officers, agents, employees, successors and assigns from and against any and all liability, damages, losses, claims, demands, actions, causes of action, and costs, including but not limited to reasonable legal fees and expenses, arising out of any and all claims arising out of or related to the Services performed or to be performed under this Agreement including, but not limited to, claims that 3M Multimedia Design Services’s access or use of the Site or materials provided by Client infringes upon any trade secret, trademark, trade name, copyright, patent, or other intellectual property right.

Article 5
LIMITATION OF LIABILITY

3M Multimedia Design Services WILL NOT BE LIABLE TO CLIENT FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF OR UNDER-UTILIZATION OF LABOUR OR FACILITIES, LOSS OF REVENUE OR ANTICIPATED PROFITS, OR CLAIMS FROM CUSTOMERS, RESULTING FROM 3M Multimedia Design Services’S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, OR IN THE EVENT OF SUSPENSION OF THE SERVICES OR TERMINATION OF THIS AGREEMENT. 3M Multimedia Design Services’S AGGREGATE LIABILITY TO CLIENT UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE TOTAL AMOUNT OF THE FEES ACTUALLY PAID BY CLIENT AND RECEIVED BY 3M Multimedia Design Services UNDER THIS AGREEMENT.

THE FOREGOING PROVISION SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Article 6
INTELLECTUAL PROPERTY

6.1 – Right and title to all ideas, trade secrets, business processes, inventions, discoveries, and other intellectual property (collectively referred to as “Inventions”) used or developed by 3M Multimedia Design Services in the performance of the Services shall remain with 3M Multimedia Design Services. Upon payment of all fees due hereunder, Client is hereby granted a non-exclusive license to use the Inventions on the Site. Client agrees to keep confidential any and all Inventions not publicly known such as source code or other Inventions utilized by 3M Multimedia Design Services under this Agreement.

{OR}

6.2 – Right and title to all ideas, trade secrets, business processes, inventions, discoveries, and other intellectual property (collectively referred to as “Inventions”) used or developed by 3M Multimedia Design Services in the performance of the Services shall pass to Client upon payment of all fees due. 3M Multimedia Design Services is hereby granted an exclusive, worldwide, perpetual license to use the Inventions in 3M Multimedia Design Services work for other customers.

{OR}

6.3 – Right and title to all ideas, trade secrets, business processes, inventions, discoveries, and other intellectual property (collectively referred to as “Inventions”) used or developed by 3M Multimedia Design Services in the performance of the Services shall pass to Client upon payment of all fees due provided, however, that all ideas, trade secrets, business processes, inventions, discoveries, and other intellectual property of 3M Multimedia Design Services known or utilized by 3M Multimedia Design Services prior to the start of the Services shall remain with 3M Multimedia Design Services even if used in the performance of the Services.

Article 7
GENERAL

7.1– Severability: If any section, provision or portion of this Agreement is held to be invalid, illegal or void by a court of proper jurisdiction, the remainder of this Agreement shall subsist and continue in full force and effect.

7.2 – Assignment: Neither this Agreement nor any interest under it shall be assigned without the prior written consent of 3M Multimedia Design Services.

7.3 – Governing Law and Jurisdiction: This Agreement shall be interpreted, governed and construed under Law of Scotland , as if executed and to be performed wholly within Scotland and wide world. Any claim under this Agreement shall be brought before a Scottish court of competent jurisdiction.

7.4 – Waivers: Any waiver by either Party of any violation of, breach of or default under any provision of the Agreement by the other Party shall not be effective unless stated specifically in writing and shall not be construed as, or constitute, a continuing waiver of such provisions, or waiver of any other violation of, breach of or default under any other provision of the Agreement.

7.5 – Section Headings: Section headings appearing in this Agreement are for convenience only and shall not be construed as interpretations of text.

7.6 – Notices: The client details will need to be stated in writing at the outset

Any notice delivered by mail shall be deemed given when received. The date of receipt of any notice by facsimile shall be the date upon which the transmitter of the facsimile receives confirmation of the facsimile transmission.

7.7 – Third Parties: Nothing expressed or implied in this Agreement is intended, or shall be construed, to confer upon or give any person or entity any rights or remedies under, or by reason of, this Agreement, except as specifically provided for in this Agreement.

7.8 – Entire Agreement: This Agreement contains the entire agreement and understanding between the parties and merges and supersedes all prior representations and discussions pertaining to this Agreement. Any changes, exceptions, or different terms and conditions proposed by either Party are hereby rejected unless expressly incorporated in this Agreement in writing and signed by both parties.

7.9 – Survival: Notwithstanding completion or termination of the Services, the Agreement or any portion thereof, the Parties shall continue to be bound by those provisions of the Agreement which by their nature survive such completion or termination including, but not limited to, Articles 2, 4, 5, 6 and 7.

7.10 – Uncontrollable Forces: Neither Party shall be liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, such as strike, flood, fire, lightning, epidemic, quarantine restriction, war, sabotage, act of a public enemy, or earthquake. Uncontrollable forces also shall include the actions of search engines, directories and related parties. The delay or failure in performance excused by this Article 7.10 shall only be excused for so long as the causes of such excusable delay or failure subsist. The Parties shall resume the performance of their respective obligations upon cessation of the cause of such excusable delay or failure.

7.11 – Disputes and Arbitration: Any unresolved disputes shall be referred to 3M Multimedia Design Services’s owner, or a designer, and the owner or an officer of Client for resolution. Pending resolution, 3M Multimedia Design Services shall continue to perform the Services, and Client shall continue to make payment for the undisputed items. If no resolution can be reached, the dispute shall be submitted, at 3M Multimedia Design Services’s sole discretion, to either 1) small claims court or 2) arbitration. Should 3M Multimedia Design Services choose to settle a dispute arising out of or in connection with this Agreement to arbitration, then the dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules. The arbitration authority shall be a court of competent jurisdiction in Scotland as chosen by 3M Multimedia Design Services. The arbitration award shall be final and binding on both Parties.

7.12 – Language: The language of this Agreement is in English as in common use in the United Kingdom of Great Britain (UK English) and any disputes with translations of this agreement or its counterparts in other languages shall be settled finally in UK English. {Only necessary if WE are dealing with someone outside of the U.K.}

7.13 – Time and Dates: All references to dates and other calendar events shall be in the Gregorian calendar such as in common use in Europe. All references to dates and/or times shall further be relative to the principle place of business of the 3M Multimedia Design Services unless otherwise specified. {Only necessary if We are dealing with someone outside of the U.K.}

7.14 – Counterparts: This Agreement may be signed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

7.15 – Successors: This Agreement is binding on all successors, permitted assigns, heirs, executors and administrators of the Parties hereto.

3M Website and Multimedia Design Services may change this Terms and Conditions from time to time by updating this page.

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