Terms of Service
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Terms of Service – Pixel Cloud Media
Effective Date: January 1st 2025
Thank you for choosing Pixel Cloud Media for your web design and digital services. These Terms of Service (“Terms”) govern your use of our website, services, and products. By accessing or using our website and services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you should not use our website or services.
1. Agreement to Terms
By using the services of Pixel Cloud Media, you are entering into a legally binding agreement. These Terms apply to all users, including clients, visitors, and anyone who accesses our services. We reserve the right to modify or update these Terms at any time, and it is your responsibility to review these Terms periodically for changes.
2. Services Provided
Pixel Cloud Media offers a range of digital services including, but not limited to:
- Website Design and Development
- Web Hosting Services
- Website Maintenance and Support
- SEO and Digital Marketing
- E-commerce Solutions
- Branding and Graphic Design
- Content Management Systems (CMS)
We will provide the services based on the agreed scope, as outlined in your contract or proposal. Any additional work outside the agreed-upon scope will be subject to separate charges and timelines.
3. Client Responsibilities
As a client, you agree to the following:
- Provide Necessary Information: You will provide accurate and timely information, including branding materials, content, images, and any other necessary data required for the completion of the project.
- Communication: You agree to maintain open communication with Pixel Cloud Media throughout the project. Any delays in communication may result in project delays or additional charges.
- Approval and Feedback: You will provide feedback and approvals as required during each phase of the project. Delays in providing feedback or approvals may extend the timeline.
- Payment: You will make payments as agreed upon in the service agreement or invoice. Payment terms may include deposits, milestone payments, or final payment upon project completion.
4. Payment Terms
- Invoices: All invoices are issued as per the agreed-upon terms in the service agreement or contract. Invoices must be paid in full by the due date unless otherwise specified.
- Late Payments: Late payments may incur a late fee or interest as outlined in the contract. If a payment remains outstanding for an extended period, we reserve the right to suspend or terminate the services.
- Additional Costs: Any out-of-scope work requested by the client, including additional features, functions, or services beyond the original agreement, will incur additional charges.
5. Project Timeline and Delays
- Timeline: We strive to complete all projects within the agreed-upon timelines, but timelines may be subject to change based on factors such as client feedback, scope changes, and external delays.
- Delays Due to Client: If delays occur due to the client’s failure to provide necessary materials, approvals, or communication, the project timeline may be extended, and additional fees may be applied.
6. Revisions and Approval
- Initial Approval: We will provide drafts and prototypes at various stages of the project for client review and approval. Any requested revisions or changes must be submitted in writing during the review phase.
- Minor Revisions: After the final delivery of the website, clients are entitled to 30 days to request minor revisions, such as text changes, image replacements, or layout adjustments. Major feature additions or functionality changes will be treated as a separate project.
- Scope Creep: Any requested revisions beyond the agreed scope will incur additional charges.
7. No Refunds
Pixel Cloud Media does not offer refunds for completed projects or services. Once the website or project has been completed and delivered to the client, no refunds will be issued. We maintain close communication with the client throughout the process to ensure the project is meeting expectations. The final approval of the website signifies that the project is completed.
8. Ownership and Rights
- Client Ownership: Upon final payment, the client will retain full ownership of the completed website, design, and content provided by the client. Pixel Cloud Media will grant the client a non-exclusive, transferable license to use the design and content.
- Intellectual Property: Pixel Cloud Media retains ownership of the underlying code, design templates, and any proprietary technology created during the project, unless explicitly transferred to the client. All content provided by the client remains the client’s property.
9. Confidentiality
Both parties agree to keep confidential all information, materials, and documents shared during the course of the project. Pixel Cloud Media agrees not to disclose any confidential information provided by the client to third parties unless required by law.
10. Warranty and Liability
- Limited Warranty: Pixel Cloud Media warrants that the delivered website will function as specified in the contract for a period of 30 days after the final delivery. After this period, any issues or bugs will be addressed on a case-by-case basis and may incur additional charges.
- Limitation of Liability: Pixel Cloud Media’s liability to the client for any claims arising from the project is limited to the amount paid for the services. We are not liable for any loss of revenue, data, or business resulting from the use of our services.
11. Termination
Either party may terminate the agreement under the following circumstances:
- By Client: The client may terminate the agreement at any time, subject to payment for all work completed up to that point.
- By Pixel Cloud Media: We reserve the right to terminate the agreement if the client fails to meet their obligations, including non-payment, lack of communication, or failure to provide necessary materials for the project.
Termination must be made in writing, and any outstanding payments will be due immediately upon termination.
12. Indemnification
The client agrees to indemnify and hold harmless Pixel Cloud Media, its employees, agents, and subcontractors from any claims, damages, or legal actions arising from the use of the website or services provided by Pixel Cloud Media.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Pixel Cloud Media is located. Any disputes arising from these Terms will be resolved in the appropriate courts in that jurisdiction.
14. Changes to the Terms of Service
Pixel Cloud Media reserves the right to modify or update these Terms of Service at any time. Changes to the Terms will be posted on our website with an updated “Effective Date.” By continuing to use our services after any changes are posted, you agree to be bound by the updated Terms.