Terms and Conditions

Custom Website Services Description:

Pixelsandweb.com will build a custom website for the Customer as described in the sign-up or order process. The services provided are referred to as the “Custom Website Services” or simply the “Website. The design and development process will be based on the direction and input provided by the Customer.

Rights and Responsibilities: Pixelsandweb.com reserves the right to amend its Custom Website Services offerings and modify the terms and conditions as necessary. If Pixelsandweb.com refers the Customer to a partner or affiliate for additional services, the terms and conditions of that partner or affiliate will apply, and Pixelsandweb.com will not be responsible for those services.

License and Archival Rights: The Customer grants Pixelsandweb.com and its vendors/subcontractors the necessary rights and licenses to carry out the obligations under the Agreement. Pixelsandweb.com may make archival or backup copies of the Customer’s website as deemed necessary.

Website Design Process: Pixelsandweb.com will assist the Customer with website design using its proprietary content management system platform (“PWCMS”) and associated modules. The design process may be guided by an Order Form, Questionnaire, and/or Statement of Work (SOW), which outlines the details of the service, technical specifications, fees, payment schedule, and cancellation policy. The Customer will receive a custom website designed and developed by Pixelsandweb.com, which may utilize pre-designed templates but will incorporate sophisticated graphics, advanced layouts, and other features.

Draft Version and Revisions: The Customer will receive a draft version of the website based on the selected theme, containing provided information and images. Unlimited revisions are available for a specified period (15 consecutive calendar days for a Five-Page website, or 30 consecutive calendar days for Unlimited Page, Basic E-commerce, or Enterprise E-commerce websites) to customize the draft site to the Customer’s liking.

Additional Customization: If the Customer’s design requirements fall outside the general offering, additional customization may be required, as outlined in the SOW.

Statement of Work (SOW): The SOW may include details such as the scope of services, technical features, fees, payment schedule, and cancellation policy. The SOW is subject to all terms and conditions of the Agreement and becomes part of the Agreement upon mutual agreement between the Customer and Pixelsandweb.com.

YOUR OBLIGATION

Providing Information and Custom Images: The Customer is responsible for providing Pixelsandweb.com with all requested information and any custom images they wish to be used in the development of their website.

Providing Content: The Customer is responsible for providing all necessary content to populate the website pages, unless otherwise specified by the selected plan or purchased plugins.

Communication for Changes and Cancellations: The Customer must promptly contact Pixelsandweb.com to request changes, modifications, enhancements, or to cancel or discontinue the Custom Website Services.

Obtaining Internet Connectivity: The Customer must ensure they have internet connectivity to access their website, send and receive email, and utilize the internet.

Handling Personal Information: If the Customer gathers any personal information from website visitors, they must not share it with any third party without obtaining the visitor’s consent.

Intellectual Property Compliance: The Customer must ensure that the website content provided does not infringe on any intellectual property rights of third parties and obtain any necessary authorizations.

Ensuring Accuracy of Materials: The Customer must ensure the accuracy of all materials provided to Pixelsandweb.com, including website content, claims, warranties, business information, and contact details.

Prompt Response: The Customer must respond promptly to requests from Pixelsandweb.com throughout the project timeline, including providing feedback, approvals, or information required for the project to progress.
Following Timeline: The Customer must adhere to the timeline of activities provided by Pixelsandweb.com, if any.

Failure to fulfill these obligations may result in delays or complications in the development of the custom website and may incur additional fees or consequences as outlined in the agreement.

INFORMATION AND CONTENTS

Accuracy of Information: The Customer is required to provide accurate, truthful, and current information to Pixelsandweb.com. If Pixelsandweb.com has reasonable grounds to suspect that the information provided is untrue, inaccurate, incomplete, or not current, they reserve the right to suspend or terminate the Customer’s account and refuse any current or future use of the Custom Website Services.

Pre-screening of Content: Pixelsandweb.com does not pre-screen the content, images, or inventory provided by the Customer. However, Pixelsandweb.com and its designees have the right to remove any content that violates the Pixelsandweb.com Acceptable Use Policy (AUP).

Customer’s Evaluation and Risk: The Customer acknowledges that they must evaluate and bear all risks associated with the use of any content provided, including relying on its accuracy, completeness, or usefulness. They cannot rely on any content created or submitted by Pixelsandweb.com.

NON-INTERFERENCE

Non-Interference: The Customer agrees to use the Custom Website Services in a manner that does not interfere with or disrupt other network users, services, or equipment.

Pixelsandweb.com’s Right to Terminate or Suspend: Pixelsandweb.com reserves the right to terminate or suspend the Custom Website Services without notice if interference or disruption is determined to exist by Pixelsandweb.com.

Examples of Interference or Disruption: Examples of interference or disruption include, but are not limited to:

Wide-scale distribution of messages, such as bulk email or unsolicited spam email, to inappropriate mailing lists, newsgroups, or other forums.
Propagation of computer worms or viruses.

Unauthorized entry into other computational, information, or communications devices or resources, including unauthorized security probing activities.

UNAUTHORIZED OR INAPPROPRIATE USE

Right to Deny, Terminate, or Suspend Services: Pixelsandweb.com reserves the right to deny, terminate, or suspend the Custom Website Services without notice if the Customer uses them in a manner that violates certain standards or the Acceptable Use Policy (AUP).

Rejection, Alteration, or Removal of Content: Pixelsandweb.com may reject, alter, modify, or remove the Customer’s website, domain name, URL address, or any website content deemed to be in violation of the AUP or infringing on the proprietary interests of third parties. This includes content that falsely implies endorsement by Pixelsandweb.com or contains pornographic or obscene material.

Prohibition of Illegal or Obscene Material: Pixelsandweb.com does not sanction or permit hosted site content or data transmission containing illegal or obscene material or promoting illegal activity. Pixelsandweb.com reserves the right to immediately suspend or terminate any site or transmission violating this policy, without prior notice.

Compensation for Termination: In the event of termination due to illegal or obscene content, the Customer agrees that any unused portion of fees paid to Pixelsandweb.com for services rendered are an appropriate recompense for the time required to address the issue.
Assistance to Law Enforcement: If the Customer violates the Agreement or AUP, Pixelsandweb.com will actively assist and cooperate with law enforcement agencies and government authorities in collecting and providing information about the Customer, their website, and the illegal or obscene content.

ADDITIONAL INDEMNIFICATION OBLIGATION

Scope of Indemnification: The Customer agrees to defend, indemnify, and hold harmless Pixelsandweb.com and its officers, directors, employees, agents, affiliates, co-branders, or other partners, and employees of any of the foregoing, from and against any losses, damages, deficiencies, costs, and expenses resulting from:

Third-party claims related to the Customer’s website, including website content or the URL associated with it.

All costs and expenses incurred in connection with any legal actions, suits, proceedings, claims, demands, assessments, or judgments related to such third-party claims.

Coverage: This indemnification obligation applies regardless of the merit of the claims and includes reasonable legal fees and expenses incurred by Pixelsandweb.com in enforcing its rights or defending against such claims.

OWNERSHIP OF CUSTOMER CONTENT

Content provided by the Customer for inclusion on the website remains the sole and exclusive property of the Customer.

Pixelsandweb.com acknowledges that the Customer owns or has legal rights to the content and that its use complies with the Acceptable Use Policy (AUP).
The Customer is responsible for any claims related to the content.

Ownership of Website and Domain Name: Until certain obligations are met (such as payment plan duration), content provided as part of bundled services or plans remains owned by Pixelsandweb.com.

After the initial thirty days following the launch of the website, the Customer is granted rights to the domain name selected for use with the website.

License to Use Design Elements: Pixelsandweb.com retains ownership of the website, including HTML coding, scripting, copyrights, and intellectual property rights.

The Customer is granted a non-exclusive, revocable license to use these design elements as long as they are current with service fees and not in breach of the Agreement.

Footer Link: The Customer agrees to include the text and image footer link “Built by Pixels and Web®” on the completed site. Removal of the footer requires an additional one-time payment.

Transfer of Ownership: Upon termination of services and with express written permission from Pixelsandweb.com, the Customer may obtain ownership rights to the website by remitting a fee.

The fee for ownership rights depends on the service plan and the duration of service.

Limitations on Ownership: Ownership rights are limited to the visible portions of the website and its underlying HTML coding developed specifically for the Customer by Pixelsandweb.com. Pixelsandweb.com retains ownership of its software, trade secrets, methodologies, processes, and all intellectual property related to its products or services.

The Customer is granted permission to use images provided by Pixelsandweb.com only within the website; other uses are prohibited.
Portability and Functionality: Pixelsandweb.com does not warrant the portability or functionality of the website on platforms not provided by Pixelsandweb.com.
Following termination of services, the Customer may retain rights to the domain name if certain conditions are met.

FEES, PAYMENT, CANCELLATION

Fees for the Custom Website Services selected by you will be on a pre-paid basis, due and payable at time of sale (meaning at the beginning of the project) and then on a recurring basis, in advance of each billing cycle, throughout the Term of the Agreement, unless another fee or payment structure is mutually agreed upon by you and Pixelsandweb.com in writing, namely, the Statement of Work or via other method such as an order confirmation or welcome email. You also agree to follow the timeline set forth by Pixelsandweb.com in the SOW, if applicable.

Depending on the service, may offer services with up to Three (3) tiers of pricing, Monthly with No-Commitment, Monthly with a six (6) month minimum commitment, and Annual each with its own set of terms and obligations. You agree to be bound by the terms and restrictions of the plan you select at the time of purchase or time of account transition from one plan to another. These pricing tiers provide the same service within a specific plan, however your level of commitment enables you to benefit from substantial discounts. Transitioning from one plan to another does not alter the date of original project creation which is used to determine website buy-out costs upon service cancellation.

Unless otherwise specified in writing, websites and/or services purchased with Tier-1 Annual Pricing (“Tier1”) have a one-year annual commitment (12 months), and as such are charged at a significantly discounted rate from the highest posted rate for a particular plan. By selecting this option to receive the discounted posted rate for Tier 1, you acknowledge and agree that you are obligated to pay for the full year of service in advance, and that should you wish to cancel you can do so, however there will be NO REFUND available to you.

Unless otherwise specified in writing, websites and/or services purchased with Tier-2 Monthly Pricing (“Tier 2”) have a minimum commitment of six (6) months of service. By selecting this option you agree that you are obligated to pay, on a monthly basis, for a minimum of six consecutive months of service, and that should you wish to cancel your service prior to your sixth month billing cycle, that you are obligated to pay the remaining balance up to the sixth month billing cycle and are subject to a $250 cancellation fee at Pixelsandweb’s sole discretion. Once you’ve met the sixth month minimum commitment, you are able to cancel services with no charges or penalties.

Unless otherwise specified in writing, websites and/or services purchased with Tier-3 Monthly Pricing (“Tier 3”) have no minimum commitment. By selecting this option you agree to pay your first month of service, and that the service with automatically renew each month there after until the service is cancelled or terminated. Accounts can be canceled without penalties with 30-days’ notice.

You further agree that in the event you terminate your subscription to the Custom Website Services for “Tier 1” pricing tier, and prior to the delivery of the Custom Website Services, including the initial Website draft provided by Pixelsandweb for your review, you are obligated to pay a $250 cancellation fee unless you qualify for Pixelsandweb’s money back guarantee. If your Custom Website Services have been completed and delivered to you (meaning approved and ready to go “live” or having gone “live”, you will not receive a refund of any fees paid and, in the event we have permitted you to pay on a monthly (or other payment-over-time) basis, you will be obligated to pay us for the balance of your term based on the pricing Tier selected at the time of purchase.

Website Services requires receipt of written content and images by you (“Content”). If insufficient Content is received we will complete your Custom Website Services with placeholder content and deliver the Custom Website Services to you within the guidelines of our timeline. At this time you will no longer be eligible for a refund. Content submitted after timeline can be added at an hourly rate determined by Pixelsandweb.com, or as part of a monthly maintenance plan associated with your project.

Responses from you will be necessary for the project to move forward in a timely manner. In these situations, if a response is received for more than sixty (60) days, the project is considered “abandoned” and you will be obligated to pay us for the balance of your term. Finally, Pixelsandweb.com reserves the right to charge you a fee for repeated missed consultations related to any Custom Website Services work and you agree to permit Pixelsandweb to charge your credit card for said fees.

Domain names can be included as part of your plan, or ‘free for one year’ as part of any plan will renew automatically every year on the anniversary of the account creation date and at a rate of $19.99 per year. Domain names purchased as stand-alone services automatically renew annually from the date of purchase at a rate of $19.99 per year. Cancellation of a domain name requires 30-days written notice. It is at Pixelsandweb’s ultimate discretion if any refund is issued should a cancellation request be submitted after the renewal date has passed. If customer cancels a bundled plan that included a ‘free domain for one year” after the first thirty (30) days following the launch of the Website, but elects to keep the domain name registration through Pixelsandweb, standard annual renewal fees of $19.99 still apply.

If you obtained a domain name through Pixelsandweb.com as part of your plan, or ‘free for one year’ and wish to cancel your Custom Website Services, you agree to permit Pixelsandweb.com to charge your credit card a $35 domain name registration and account transfer fee. Pixelsandweb will then create an account with a domain name registration provider of Pixelsandweb’s choosing on your behalf using the contact information on file with Pixelsandweb. This will initiate the registration and transfer of the domain name out of Pixelsandweb’s account and into the domain registration provider account created by Pixelsandweb on your behalf. Upon verifying completion of the transfer and payment, Pixelsandweb will provide you with the login credentials to access your new domain registration provider account. From that point forward you will be the listed contact representative of the domain name and the owner of the domain registration provider account and will be solely responsible for all subsequent renewals and domain registration responsibilities thereafter.

All automatically billed recurring services are provided a three (3) day grace period. If a payment is initially declined, the client will be notified via email with instructions on how to login and update their payment method. A second attempt to process payment will be made after 24 hours. If the second attempt fails, an additional email notification will be sent and after 24 hours, a third and final automated attempt will be made. If the third attempt process to payment fail, then the account is subject to suspension and a $25 late fee.

CANCELLATION and/or SUSPENSION

If the Customer breaches any term of the Agreement, including the terms outlined in this schedule or the Acceptable Use Policy (AUP), Pixelsandweb.com reserves the right to suspend or terminate the Custom Website Services.
Immediate Action: Pixelsandweb.com may, at its sole discretion, suspend or terminate the services immediately and without prior notice to the Customer in case of breach.
Continued Fee Obligations: Even if the account is suspended, fees for the Custom Website Services may continue to accrue. The Customer remains responsible for the payment of any fees that accrue during the period of suspension.
Reactivation of Suspended Accounts: Suspended accounts will be reactivated within 24 hours of receipt of payment for accrued fees.

REFUND

Refunds are only applicable to Tier 2 subscription plans which are billed on a monthly recurring basis. Refunds do not apply and are not applicable for Tier 1 (Annually billed) subscription plans. Refunds are only available to monthly billed subscriptions within 15 days of the initial order date and with no revisions having been requested from the date the draft website was presented to client. No refunds will be given after 15 days, and/or after a draft website has been delivered and revisions have been requested. In any event, after one (1) year from the date of purchase, no refunds will be provided.

Modifications and Quotes.

The prices and modifications agreed to in any SOW are unique to you. Any SOW prepared for you is valid for thirty (30) days from the date it is provided to you and will become void thereafter. If any change or alteration is made to the SOW, Pixelsandweb.com may issue to you a revised SOW and may require you to purchase additional Custom Website Services, which may be billed to you at an hourly rate.