CN-DESIGN LTD

Service Waiver & Liability Disclaimer

Company No. 885094  ·  Registered in Scotland
cn-design.co.uk

1.Scope of Services

CN-DESIGN LTD provides web and digital design services including, but not limited to, website design and development, user interface (UI) and user experience (UX) design, graphic design for digital platforms, website maintenance, and related consultancy.

2.Limitation of Liability

  1. a)The Company shall not be held liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the services provided, including but not limited to loss of revenue, loss of data, loss of business, or any interruption to business operations.
  2. b)The Company's total aggregate liability under or in connection with this agreement shall not exceed the total fees paid by the Client for the specific project in question.
  3. c)The Company does not guarantee specific outcomes, results, or performance metrics from any website, application, or digital asset produced. Factors such as search engine rankings, visitor traffic, conversion rates, and user engagement are influenced by numerous external variables beyond the Company's control.
  4. d)The Company shall not be liable for any downtime, security breaches, or technical failures caused by third-party hosting providers, plugins, APIs, or software not developed by the Company.

3.Client-Provided Content

  1. a)The Client is solely responsible for ensuring that all content, materials, images, text, logos, and other assets provided to the Company for use in the project are either owned by the Client or properly licensed for such use.
  2. b)The Client warrants that any content provided does not infringe upon the intellectual property rights, copyright, trademarks, or any other rights of any third party.
  3. c)The Client shall indemnify and hold harmless the Company against any claims, damages, costs, or expenses (including legal fees) arising from the use of content provided by the Client.
  4. d)The Company accepts no responsibility for reviewing Client-provided content for legal compliance, accuracy, or suitability. It is the Client's responsibility to ensure content meets all applicable laws and regulations, including data protection legislation.

4.Revisions and Scope Changes

  1. a)The scope of work for each project shall be defined in a separate project proposal or agreement. Any work requested beyond the agreed scope shall be considered a scope change and may incur additional charges.
  2. b)Unless otherwise specified in the project proposal, each project includes a reasonable number of revision rounds as stated in the project agreement. Additional revisions beyond the agreed number will be charged at the Company's standard hourly rate.
  3. c)Revision requests must be submitted in writing (including email) and must be clear and consolidated. The Company reserves the right to treat contradictory or repeated revision requests as additional scope.
  4. d)The Company shall not be liable for delays to project timelines caused by the Client's failure to provide content, feedback, or approvals in a timely manner.

5.Intellectual Property

Upon receipt of full and final payment, intellectual property rights in the final deliverables shall transfer to the Client as specified in the project agreement. The Company retains the right to showcase completed work in its portfolio and marketing materials unless otherwise agreed in writing.

6.Third-Party Services and Integrations

Where the project involves third-party services, platforms, plugins, or integrations (including but not limited to hosting providers, domain registrars, content management systems, payment gateways, and analytics tools), the Company shall not be held liable for any changes, outages, discontinuation, or failures of such third-party services. The Client acknowledges that such services are governed by their own terms and conditions.

7.Data Protection

Both parties agree to comply with all applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. The Client is responsible for ensuring their own website and digital platforms comply with data protection requirements, including the implementation of privacy policies, cookie consent mechanisms, and data processing agreements where required.

8.Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond the Company's reasonable control, including but not limited to natural disasters, pandemics, government actions, power failures, internet outages, or cyberattacks.

9.Governing Law

This Waiver shall be governed by and construed in accordance with the laws of Scotland. Any disputes arising from or in connection with this Waiver shall be subject to the exclusive jurisdiction of the Scottish courts.