1. Scope of Services
3Pointers provides an integrated merchandise and digital development ecosystem, including but not limited to:
- Brand onboarding and strategic planning
- Merchandise concepting, design, and pre-production preparation
- Production workflow coordination, sampling oversight, and QA management
- E-commerce website and online store development
- Product photography, creative content, and listing preparation
- Mobile app development (where applicable)
- Hosting, maintenance, and backend systems configuration
- Logistics and global shipping coordination
- Referral/affiliate program participation
Services are delivered according to these Terms and any written agreements, proposals, or invoices issued to the Client.
2. Eligibility & User Restrictions
By accessing or using our Website or services, you represent and warrant that:
- You are at least 18 years of age
- You have full legal capacity to enter binding contracts
- All information you provide is accurate and complete
- You are not prohibited by law from receiving services
You agree not to:
- Engage in fraudulent, harmful, or unlawful activities
- Impersonate any individual or entity
- Upload or provide content you do not have the rights to
- Interfere with or attempt to disrupt our systems, workflows, or security
- Use our services in any manner that violates applicable laws or regulations
Violation of this section may result in immediate suspension or termination of services.
3. Client Responsibilities
The Client agrees to:
- Provide timely, accurate information and required assets
- Review deliverables and respond within agreed timelines
- Supply only legally owned or properly licensed content
- Maintain communication throughout the engagement
- Follow established workflows to avoid delays
Delays caused by the Client do not relieve payment obligations nor extend delivery timelines.
4. Digital Development & Technology Services
4.1 System Dependencies
- Websites, mobile apps, and digital platforms depend on third-party technologies (hosting providers, CMS platforms, plugins, app stores). Therefore, we cannot guarantee:
Continuous uptime or error-free operation - Compatibility across all devices, software, and browsers
- System stability after third-party updates
4.2 SEO & Analytics
We implement recognized best practices for SEO and analytics, but we do not guarantee rankings, traffic increases, or performance metrics.
4.3 Security
We apply commercially reasonable security measures; however, no digital platform is fully immune to vulnerabilities or breaches.
5. Production, Sampling & Supply Chain Coordination
3Pointers acts as a production coordinator, not the physical manufacturer.
The Client acknowledges and accepts that:
- Manufacturing outcomes may vary due to material conditions and factory tolerances
- Slight differences in color, sizing, texture, or finishing are industry-standard
- Production timelines depend on raw materials, factory workload, and global supply chain conditions
- Samples may differ slightly from mass production outputs
We provide oversight and communication, but we are not responsible for inherent production variances.
6. No Guarantee of Outcomes
While 3Pointers follows established workflows and applies professional expertise, we cannot and do not guarantee:
- Merchandise sales, revenue, or profitability
- Audience growth or market demand
- Manufacturing lead times, capacity, or fulfillment performance
- Shipping, freight, or customs clearance timelines
- Platform uptime, performance, or issue-free operation
Any projections or examples are illustrative only and do not constitute warranties.
7. Logistics & Shipping Coordination
3Pointers coordinates logistics with reputable third-party providers.
The Client understands:
- Shipping timelines depend on carriers, customs, and global transport conditions
- Customs holds, inspections, taxes, and duties are outside our control
- Damage, loss, or delay during transit is the carrier’s responsibility
- Environmental, political, or regulatory disruptions may affect delivery schedules
3Pointers’ role is limited to coordination—not execution or liability.
8. Payments, Fees & Refunds
8.1 Payment Terms
Work begins only after required payments are received unless otherwise agreed in writing.
8.2 Refund Policy
Payments are non-refundable once the corresponding service phase has begun.
Production-related fees become non-refundable once materials are sourced or factories begin work.
8.3 Recurring Services
Hosting, maintenance, and operational services require timely recurring payments.
Late or missed payments may result in suspension of digital services.
9. Intellectual Property Rights
9.1 Client Content
The Client retains ownership of their brand assets, approved designs, and all materials they provide.
9.2 3Pointers Intellectual Property
3Pointers retains ownership of:
- Internal systems, workflows, and processes
- Templates, wireframes, and backend configurations
- Unused or unapproved design concepts
- Proprietary tools and digital infrastructure
9.3 Portfolio Use
Unless restricted by an NDA, 3Pointers may display completed work for portfolio, marketing, or case study purposes.
10. Service Modification & Termination Rights
3Pointers reserves the right to:
- Modify or update any aspect of the services
- Suspend or discontinue services at our discretion
- Decline or terminate engagements involving abusive behavior, non-cooperation, or unlawful activity
- Terminate services due to non-payment or repeated delays
Modifications or terminations do not cancel payment obligations for services already delivered or initiated.
11. Indemnification
The Client agrees to indemnify, defend, and hold harmless 3Pointers and its personnel from all claims, liabilities, losses, damages, costs, and expenses (including legal fees) arising from:
- Client-provided content, designs, or materials
- Intellectual property infringement caused by Client submissions
- Products or merchandise produced for the Client
- Misuse of the Website or services
- Violations of laws, regulations, or third-party rights
This obligation continues after termination of services.
12. Force Majeure
3Pointers is not liable for delays or failures caused by events beyond its reasonable control, including:
Natural disasters
- War, terrorism, or civil unrest
- Governmental restrictions or customs actions
- Supply chain disruptions or factory closures
- Pandemics or public health emergencies
- Power outages, network failures, or major technical disruptions
Timelines may be extended without penalty under such conditions.
13. Privacy & Data Handling
We collect and process information necessary to deliver our services.
We do not sell Client data.
Our Privacy Policy governs data handling practices and is incorporated herein.
14. Limitation of Liability
To the fullest extent permitted by law:
- 3Pointers shall not be liable for indirect, incidental, punitive, exemplary, or consequential damages
- This includes lost profits, lost opportunities, data loss, reputational harm, or operational downtime
- Total liability shall not exceed the amount paid by the Client for the specific service giving rise to the claim
The Client agrees to use our services at their own risk.
15. External Links
Our Website may contain links to third-party websites.
We are not responsible for their content, policies, or operational integrity.
16. Amendments
We may update these Terms at any time.
Changes take effect immediately upon posting.
Continued use of the Website or our services signifies acceptance of the revised Terms.
17. Governing Law
These Terms are governed by the laws of the jurisdiction in which 3Pointers operates, without regard to conflict-of-law principles.
18. Contact Information
For questions regarding these Terms:
info@3pointers.com
3pointers.com
