TERMS & CONDITIONS
THE FOLLOWING TERMS constitute an agreement (the “Agreement”) between you as the (“User”/”Client”) and Modern Medical Consulting, (“we”, “us”) and contain the terms and conditions that apply to your access and use to The Services provided by Us.
Please read the below terms carefully. By engaging Modern Medical Consulting, you agree to our Terms and Conditions. The Terms and Conditions herein will be valid and binding as of the date of signing, and will continue to be valid and binding until both the Client and Modern Medical Consulting agree in writing, that services of Modern Medical Consulting are no longer required. The below conditions will apply to all individuals, businesses or companies (“Client”) who engages the services of Modern Medical Consulting, its contractors or sub contractors unless otherwise agreed in writing by both parties.
Payment of services and/or products will be in US Dollars (USD) via Credit Card, Check or Internet Bank Transfer. Initial payment is due before any design work begins and final payment is due before any digital files or site is launched. All other invoices are payable within thirty (30) days of receipt. An additional fee, of 10% (of the total project fee), is payable on all overdue balances after five (5) days following the due date. Invoices shall list any expenses and additional costs as separate items. All grants of any license to use or transfer ownership of any intellectual property rights (including but not limited to designs completed by Modern Medical Consulting or its contractors or sub contractors) under this agreement are conditioned on full payment, including all outstanding additional costs, expenses, fees, or any charges.
All bookings for services with Modern Medical Consulting are only confirmed when the Client pays a 50% non-refundable deposit fee. This is non-refundable for it is used to confirm a spot in Modern Medical Consulting's schedule. Once the deposit is received, an email will be sent to the Client to confirm and make arrangements for the commencement of the project. The final 50% will be payable upon project completion, or on the scheduled date of completion as agreed between Modern Medical Consulting and the Client (whichever date happens first) to ensure our project aligns with our timeline.
COMMENCEMENT AND TERMINATION
This agreement shall begin when the client accepts a quote, signs this agreement and pays the corresponding deposit invoice for a Modern Medical Consulting service and shall continue until all services are complete and delivered, or until the agreement is terminated. Either party may terminate this agreement at any time, on written notice to the other party, if the other party ceases to conduct business in its normal course; makes an assignment for the benefit of creditors; is liquidated or otherwise dissolved; becomes insolvent; files a petition in bankruptcy; or a receiver, trustee, or custodian is appointed for it. In the event of termination, client shall pay Modern Medical Consulting for all services performed through the date of termination in the amount of a prorated portion of the fees due. For clarity purposes halfway (50% of a project) would be the website has all pages created, placeholder (or singed off images) are in, content is added.
Client agrees to pay designer the fees listed in the project proposal, including all taxes. Pricing in the project proposal includes only designer fees. Any other costs, such as hosting, printing, art licensing or photography, will be billed to Client.
The Client is to refer to hosting and domain name providers for queries regarding the following services: Domain names, Hosting and registration, SSL certi cates, Email addresses and Email hosting. The Client is to refer to their technical support company for queries regarding the following services and their applicable Terms & Conditions: Set up of email addresses, Emails going to Spam/Junk, Email not functioning and Email Signatures. Modern Medical Consulting holds no responsibility if: (a) your email addresses are targeted with spam as it is outside of our control or (b) the Client’s email account details are obtained and used to send spam or malicious material. Modern Medical Consulting build and design websites to the best of their knowledge at the time of completion. We shall not take responsibility if the Client’s site is “hacked” or maliciously attacked in form. Modern Medical Consulting will not be held responsible and is not liable for any loss of income to arise from the Client’s web site “going down”, being hacked or otherwise.
RELATIONSHIP OF THE PARTIES
No agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this agreement. Modern Medical Consulting and the work product or deliverables prepared by us shall not be deemed a work for hire as defined under copyright law. All rights granted to client are contractual in nature and are expressly defined by this agreement.
Modern Medical Consulting services are provided on an “as is” basis, and without any warranty or condition, express or implied.
INDEMNIFICATION AND LIABILITY
Client shall indemnify designer from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in deliverables at the request of the client. The services and the work product of designer are sold “as is.” in all circumstances, the maximum liability of designer, its directors, officers, employees, design agents and affiliates (“designer parties”), to client for damages for any and all causes whatsoever, and client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of designer. In no event shall designer be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by designer, even if designer has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
We as the designer shall retains all rights in and to all preliminary works. All designer tools are and shall remain the exclusive property of designer. Designer grants client a nonexclusive, nontransferable, perpetual, worldwide license to use the designer tools solely to the extent necessary with the final deliverables for the project.
Once the final files are sent and website is launched any other revisions are supported at my hourly rate of $50.00. The Designer does not host/maintain/or support the website. The Designer was hired for design and customization.
Alteration of any deliverable is prohibited without the express permission of designer. Modern Medical Consulting will be given the first opportunity to make the required alterations. Unauthorized alterations shall constitute additional use and will be billed accordingly.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Modern Medical Consulting its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.