Terms & Conditions
These Terms & Conditions (“Terms”) govern your access to and use of cmd-designs.com and any related services provided by CMD Designs, LLC (“CMD Designs,” “we,” “us,” or “our”). By accessing or using our website or services (collectively, the “Services”), you agree to be bound by these Terms. If you do not agree, please do not access or use the Services.
1. Definitions
- Client – any individual or entity that engages CMD Designs for paid work.
- Content – text, images, code, or other materials posted on or delivered through the Services.
- Project – any scoped work statement, proposal, or agreement between CMD Designs and a Client.
2. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use our Services.
3. Accounts & Security
- You are responsible for maintaining the confidentiality of any account credentials issued to you.
- You agree to notify us immediately of any unauthorized use of your account.
4. Proposals, Fees, and Payment
- Quotes are valid for 30 days unless otherwise stated.
- Invoices are due within 15 days of receipt unless a different schedule is outlined in the Project agreement.
- Late payments may incur a 1.5 % monthly finance charge or the maximum allowed by law.
5. Intellectual Property
Unless stated otherwise in a Project agreement:
- All pre-existing code, frameworks, and tooling remain CMD Designs’ property.
- Upon full payment, Clients receive a non-exclusive, perpetual license to the final deliverables for the intended domain(s) or project described.
- We reserve the right to showcase work in our portfolio and marketing materials.
6. Acceptable Use
You agree not to:
- Upload or transmit malware, malicious code, or unlawful content.
- Attempt to gain unauthorized access to servers or networks.
- Use the Services to violate any law or third-party right (including intellectual-property rights or privacy).
7. Termination
- Either party may terminate an ongoing Project with 14 days’ written notice.
- Upon termination, you must pay for all work completed up to the termination date.
- Sections 5 (Intellectual Property), 8 (Disclaimer), 9 (Limitation of Liability), and 10 (Indemnification) survive termination.
8. Disclaimer of Warranties
The Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be uninterrupted, secure, or error-free.
9. Limitation of Liability
To the fullest extent permitted by law, CMD Designs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; or (c) any other matter relating to the Services. CMD Designs’ total liability for any claim arising out of or relating to the Services is limited to the amount you paid us in the 12 months preceding the event giving rise to the claim.
10. Indemnification
You agree to defend, indemnify, and hold harmless CMD Designs, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Services or your violation of these Terms.
11. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to its conflict-of-law principles. Any dispute arising under or relating to these Terms shall be resolved through good-faith negotiation. If unresolved, the dispute shall be submitted to binding arbitration in Cobb County, Georgia, under the rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court having jurisdiction.
12. Changes to the Terms
We may update these Terms at any time. If the changes are material, we will post the revised Terms and update the “Last updated” date. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.
13. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
14. Contact
CMD DesignsConnor Densmore
4290 Bells Ferry Road
STE 134-2199
Kennesaw, GA 30144
it@cmd-designs.com
+1 (404) 424-9882
*These Terms & Conditions are provided for general informational purposes and do not constitute legal advice. Consult counsel to ensure compliance with your specific circumstances.*