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Terms & Conditions

1. Introduction

Purpose of the terms and conditions

These Terms and Conditions outline the legal agreement between Pixen Ltd and its clients for the provision of web design, graphic design, SEO, and consultation services. The purpose of this section is to provide a clear understanding of the rights and responsibilities of both parties in relation to the provision of digital services. These Terms and Conditions apply to all clients who engage Pixen Ltd for services, including those who purchase web design, graphic design, SEO, and consultation services.

Acceptance of the T's & C's

By engaging Pixen Ltd for its services, the client agrees to be bound by these Terms and Conditions and the service agreement they have signed. This section highlights the importance of reviewing the Terms and Conditions before engaging Pixen Ltd for services. Clients are required to carefully review these Terms and Conditions and the service agreement before engaging Pixen Ltd for its services. Pixen Ltd reserves the right to modify these Terms and Conditions at any time, and the most current version of these Terms and Conditions can be found on its website. If clients have any questions or concerns about these Terms and Conditions, they can contact Pixen Ltd for clarification.

2. Use of Service

Description of the service

Pixen Ltd offers a range of web design services, including graphic design, search engine optimization (SEO), and consultation services, to clients.

Pixen Ltd offers web design services that involve creating and designing websites from scratch or revamping existing websites. Graphic design services include creating logos, marketing materials, and other visual content for our clients. SEO services are aimed at improving the visibility and search engine rankings of our clients' websites. Pixen Ltd also offers consultation services aimed at providing expert advice and guidance to clients on digital marketing, branding, and other related topics.

Acceptance of Agreement

By engaging Pixen Ltd for its services, the client agrees to be bound by these Terms and Conditions and the service agreement they have signed. The service agreement outlines the specific details of the services to be provided, including the scope, timeline, and cost. The client must carefully review and accept the service agreement before Pixen Ltd can commence work on the project.

The service agreement may be signed digitally and does not require a printed or hand-signed copy. The digital signature of the client will be considered valid and binding.

Client eligibility

Services of Pixen Ltd are available to businesses and individuals who are 18 years or older and have the legal capacity to enter into a contract. By using our services, you represent and warrant that you are eligible to do so. The client must also provide accurate and complete information during the engagement process, including their name, contact information, and project requirements.

Client responsibilities

The client is responsible for signing the agreement and following the rules set in the different sections of the agreement. The client must ensure that they make the payment if it is a one-time purchase or ensure that they meet the payment terms, which can be an upfront payment or a split payment (50% before start, 50% before launch).

In addition to this, the client is responsible for providing timely and accurate feedback and information to Pixen Ltd throughout the project. The client must also ensure that all content provided to Pixen Ltd for use in the project is owned or licensed by the client and does not infringe on the intellectual property rights of any third party.

Prohibited activities

Users are strictly prohibited from engaging in any of the following activities while using Pixen Ltd's services:

  • Violating any laws or regulations
  • Infringing on any intellectual property rights
  • Posting or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Impersonating any person or entity, or falsely stating or misrepresenting affiliation with a person or entity
  • Attempting to interfere with, disrupt, or harm the proper functioning of our services
  • Engaging in any other activity deemed inappropriate by Pixen Ltd in its sole discretion

Termination of service

Pixen Ltd reserves the right to terminate or suspend a client's access to its services at any time if the service agreement is breached, with or without notice. In the event of termination or suspension, the client will no longer have access to their account or any content or information associated with it. Pixen Ltd also reserves the right to take legal action against any user who violates these Terms and Conditions or engages in any prohibited activities.

Pixen Ltd may terminate the service if the client fails to make the required payments for the services provided by Pixen Ltd. Any outstanding balance will become immediately due and payable to Pixen Ltd upon termination of the service.

Upon termination of the service, the client must immediately cease using all content, intellectual property, and other materials provided by Pixen Ltd for the project. The client will not be entitled to any refunds or compensation for any work already completed by Pixen Ltd at the time of termination.

If the client chooses to terminate the service, they are required to settle any outstanding payments for work that has already been completed. Termination requests must be made in writing, and the client will be responsible for any fees and charges incurred for work done up to the termination date.

3. Intellectual Property Rights

Ownership of intellectual property

Pixen Ltd retains ownership of all intellectual property rights associated with the services provided, including but not limited to web designs, graphics, and SEO. Ownership of intellectual property rights may be transferred to the client upon payment completion, as outlined in the service agreement.

User-generated content

The client is responsible for ensuring that all content provided to Pixen Ltd for use in the project is owned or licensed by the client and does not infringe on the intellectual property rights of any third party. Any user-generated content that is provided to Pixen Ltd for use in the project remains the property of the client.

Copyright infringement policy

Pixen Ltd takes copyright infringement very seriously. If any copyrighted material is found on a client's website, Pixen Ltd reserves the right to remove the material immediately and may terminate the client's access to its services. If a client believes that their copyrighted material has been used without permission, they must contact Pixen Ltd immediately and provide proof of ownership of the material.

4. Payment and Fees

Payment terms

Pixen Ltd offers two types of payment options for its services: split payment or upfront payment purchase for design services. The payment terms for each option are clearly set out in the service agreement that both parties sign.

Fees and Charges

The fees and charges for each service option are outlined in the service agreement. Additional fees may be charged for extra services or modifications requested by the client. These fees and charges are also clearly outlined in the service agreement.

Cancellation and Refund Policy

The cancellation and refund policy may differ based on the type of payment options purchased. For upfront payment purchases, clients may be eligible for a refund if they cancel within a specified time period, as outlined in the service agreement. However, if the cancellation is made outside of the specified time period, the client shall not be eligible for any refund. The service agreement is binding and enforceable for both parties upon acceptance and signature of the service agreement, whether in digital or printed form.

For split payments, the Client may cancel the service. No cancellation fee will be charged, but the client will be obligated to pay the work has been done and the client will no longer have access to the services and may not copy any intellectual property belonging to Pixen Ltd. The specific terms of the cancellation and refund policy for each payment option will be clearly outlined in the service agreement signed by both parties.

5. Disclaimer of Warranties and Limitation of Liability

Warranty Disclaimer

The services and related deliverables are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, as stated in Section 8 of the Service Agreement. The Agency does not warrant that the services or any related deliverables will meet the Client's requirements or that they will be uninterrupted, error-free, or free from viruses or other harmful components. The Client acknowledges that they are solely responsible for the selection and use of the services and related deliverables, and that the Agency shall have no liability whatsoever for any claims, losses, or damages arising out of or in connection with their use.

Limitation of Liability

The liability clause in the service agreement is binding for both parties, and specifies that the Agency's liability for any damages arising out of or in connection with the use or inability to use the services or any related deliverables is limited as specified in the agreement. The liability clause also states that the Agency shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, and that the Agency shall have no liability for any third-party products or services that may be used in connection with the Services or any related deliverables.

Indemnification

The Client agrees to indemnify, defend, and hold harmless the Agency, its officers, directors, employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or in connection with the Client's use of the services or any related deliverables, including, but not limited to, any breach of this Agreement by the Client, any infringement of any intellectual property rights or other proprietary rights by the Client, or any violation of any applicable laws or regulations by the Client. The Agency agrees to promptly notify the Client in writing of any such claim or suit, and to provide reasonable assistance to the Client, at the Client's expense, in defending any such claim or suit. The Client shall have sole control over the defense and settlement of any such claim or suit, provided that any settlement which affects the Agency's rights or interests shall require the Agency's prior written consent.

6. Privacy Policy

Collection and use of personal information

Pixen Ltd may collect personal information such as name, email address, and phone number when a Client uses its services. Pixen Ltd may use this information to provide the services, communicate with the Client, and for billing and accounting purposes. Pixen Ltd may also use the information to send promotional materials, newsletters, and other information about its services, unless the Client has opted out of receiving such communications.

In the event that the Client uses any of the services provided by Pixen Ltd to collect or process the personal information of third parties, the Client acknowledges and agrees that it is solely responsible for complying with all applicable laws and regulations related to the collection, use, and disclosure of such information. Pixen Ltd shall not be responsible for any liabilities, claims, or damages arising out of or in connection with the Client's collection or use of third-party personal information with the services provided by Pixen Ltd.

Cookies and tracking technologies

Pixen Ltd may use cookies and tracking technologies to collect certain information about the Client's use of its services, which may include IP addresses, browser types, referring/exit pages, and other usage information. This information may be used to improve the quality of the services and for marketing purposes.

Third-party disclosure

Pixen Ltd may disclose personal information to third-party service providers, such as payment processors, for the purpose of providing its services. Pixen Ltd may also disclose personal information if required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation, protect and defend the rights or property of Pixen Ltd, or protect the personal safety of users of the services or the public. Pixen Ltd will not sell, trade, or otherwise transfer personal information to outside parties unless the Client has provided explicit consent to do so.

7. Governing Law and Jurisdiction

Applicable law

The service agreement, Terms and Conditions, and any disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales.

Jurisdiction

The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes arising out of or related to the service agreement or these Terms and Conditions.

8. Changes to Terms and Conditions

Modification of terms and conditions

Pixen Ltd reserves the right to modify or revise these Terms and Conditions at any time without prior notice. By continuing to use the services, the Client agrees to be bound by the revised Terms and Conditions.

Notification of changes

Pixen Ltd may notify the Client of any changes to these Terms and Conditions only by posting the revised version on its website.

9. Contact Information

Contact details for customer support

For any inquiries or assistance with the services, the Client may contact Pixen Ltd's customer support team at the following phone number and email address:

Reporting violations of the terms and conditions: If the Client becomes aware of any violations of these Terms and Conditions, they should report them to Pixen Ltd by e-mail immediately.