PMDigital Web Design – Website Design Terms and Conditions
1. Acceptance of Terms: By engaging PMDigital Web Design for website design services, the client agrees to be bound by these Terms and Conditions.
2. Scope of Work: A detailed scope of work will be provided outlining the specific services to be rendered. Any additional services requested outside the agreed scope may incur extra charges.
3. Client Responsibilities: The client agrees to provide all necessary information, materials, and approvals in a timely manner to facilitate the timely completion of the project.
4. Design Approval: Upon completion of the design, the client will have the opportunity to review and request revisions. Once the design is approved, any further changes may be subject to additional charges.
5. Fees and Payment: Payment terms and fees will be outlined in the proposal. A 40% non-refundable deposit is required before the commencement of the project. Final payment is due upon completion and before the launch of the website.
6. Intellectual Property: Upon full payment, the client will own the intellectual property rights to the final design. PMDigital Web Design retains the right to showcase the project in its portfolio and marketing materials.
7. Project Timeline: A project timeline will be provided, and PMDIgital Web Design will make reasonable efforts to meet agreed-upon deadlines. Delays caused by the client may result in an extension of the timeline.
8. Confidentiality: Both parties agree to keep confidential any information received from the other party during the project.
9. Termination: Either party may terminate the project by providing written notice. The client agrees to pay for all work completed up to the termination date.
10. Limitation of Liability: PMDigital Web Design is not liable for any indirect, incidental, or consequential damages arising from the use or inability to use the delivered product. PMDigital Web Design is not liable for any infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights provided by the client or requested to be used by the client.
11. Dispute Resolution and Arbitration: Any dispute arising out of or relating to this agreement, including the breach, termination, or validity thereof, shall be resolved through arbitration in accordance with the rules of the Riverside County Bar Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
11.1 Arbitration Process:
- The arbitration shall be conducted by a single arbitrator, mutually agreed upon by both parties, or appointed in accordance with the rules of the Riverside County Bar Association.
- The arbitration proceedings shall take place in Riverside, California, unless otherwise agreed upon by both parties.
- Each party shall bear its own costs, including attorneys’ fees, associated with the arbitration process.
11.2 Exception to Arbitration: Notwithstanding the arbitration clause, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
11.3 Class Action Waiver: All claims between the parties must be resolved on an individual basis. Any claims brought on a representative or class member basis will not be arbitrated.
11.4 Governing Law: The arbitration proceedings and all aspects thereof, including the award, shall be governed by the laws of Riverside County, California.
12. Changes to Arbitration Clause: Changes to this arbitration clause are not effective unless they are in writing and signed by both parties.
By engaging PMDigital Web Design for website design services, the client acknowledges and accepts the arbitration clause outlined in these Terms and Conditions.
13. Changes to Terms: PMDigital Web Design reserves the right to update these Terms and Conditions at any time. Clients will be notified of any changes.
By engaging PMDigital Web Design for website design services, the client acknowledges and accepts these Terms and Conditions. PMDigital Web Design is a registered dba of CASA SLH LLC.