These Terms of Service set forth the principles, guidelines and requirements of the Terms of Service of Pixeldiva Designs governing the use by the customer of our services and products. Pixeldiva Designs retains the right to modify these Terms of Service at any time and such modifications shall be automatically effective to all customers when published at www.pixeldivadesigns.com
I. Acceptance
With payment of any deposit, down payment, or advance fee for any service or web design project to Pixediva Designs, you as the client are agreeing to and accepting the following terms and conditions: II. Payments
Any payment or deposit due shall be accorded between the client and Pixeldiva Designs and should be paid prior to the start of the project. This payment assures your position in the Pixeldiva Designs design queue. Pixeldiva Designs will bill you and no work will begin until your payment has cleared. All amounts must be in US Dollars (US$) and made through Paypal. Final payment of any monies due must be made prior to final installation and delivery of the website design project. All payments are non-refundable and no exceptions will be made to this rule. III. Communication
Once the service has commenced and initial payment has been sent, the client should must be fully available to reply to all emails daily, answer any questions or complete tasks via email and as soon as possible. All communication is required through email and not by phone, fax, postal mail, or in person. Technical assistance within reason is included through email throughout the design process and after website delivery. Pixeldiva Designs reserves the right to bill the client per hour for continuous assistance or cancel technical assistance if deemed excessive by Pixeldiva Designs. Technical assistance, walkthroughs or support tutorials will be scheduled and billed per hour if phone assistance is preferred. If at anytime Pixeldiva Designs is unable to contact the client for a period of more than 14 business days, the project will be canceled and all monies paid will be forfeited to Pixeldiva Designs. Ownership of all created or installed artwork, layouts, coding and development will remain the absolute property of Pixeldiva Designs and will NOT be transferred to the client. Furthermore, Pixeldiva Designs remains the right to resell the design to recover services rendered. IV. Authorization
As the client, you authorize Pixeldiva Designs to install any scripts, software or programs relevant to the web design project and to access your website account through your hosting service panel and FTP. You will provide Pixeldiva Designs with the log in information and passwords necessary to access your website. V. Completion of Design Project
As the client, you and Pixeldiva Designs must work together to complete all services in a timely manner, agreeing to work expeditiously to complete the project no later than 60 days after you have submitted all necessary materials. This 60 day limit may be extended by Pixeldiva Designs if the project is determined to be a 90 day or 120 day project. All revision requests must be submitted by the client within 3 days of receiving the initial site preview or subsequent revised previews. The scheduled start date, revision process or delivery date of the project may not be rescheduled unilaterally by the client. In the event of lack of communication by the client for a period of 14 days ore more, ownership of all graphics, artwork, layouts, coding and development by Pixeldiva Designs will remain the absolute property of Pixeldiva Designs and will NOT be transferred to the client. Furthermore, Pixeldiva Designs remains the right to resell the graphics, coding and artwork to recover services rendered. VI. Copyrights and Trademarks
You unconditionally guarantee that any and all elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Pixeldiva Designs for inclusion in a project are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Pixeldiva Designs from any claim or lawsuit arising from the use of such elements. You agree not to resell, modify, copy or make a derivative template, website or graphic based on this web design or any one of its elements. The copyright of all software, coding, web and print graphics & art is owned by Pixeldiva Designs and under the law all copyrights are reserved. Your logo is copyrighted to you and can be used as deemed necessary. All services, design elements, art and coding may not be used by anyone else but you and the domain it was originally designed for. Pixeldiva Designs retains the right to display communications, artwork and/or any services provided to the client in the Pixeldiva Designs portfolio, testimonials, promotional materials, and advertising materials on the web or in publications. A text link crediting Pixeldiva Designs must continuously remain at the footer of each website page of the e-commerce site. The Pixeldiva Designs link must remain intact and cannot be removed for the life of the site and use of graphics unless a a copyright license from Pixeldiva Designs has been purchased. Any violation of our copyright will be considered a federal offense according to US Copyright Laws and would make you legally liable in federal court. Pixeldiva Designs will also seek financial remuneration and legal fees at any cost. VII. Limitation of Liability and Liability Disclaimer
Any service purchased from Pixeldiva Designs is provided 'as is' without any kind of warranty that the service will be uninterrupted, bug free or error free. Pixeldiva Designs does not provide any guarantees for any 3rd party services or shopping cart functions. In no event will Pixeldiva Designs be liable to you or any third party, on any legal theory for any direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use of any Pixeldiva Designs service, graphic or code, or the use of any hosting service, service provider, telecommunications carrier, internet servers, third party e-commerce programs, or your site visitor's computer or internet software, including, without limitation, service interruptions caused by Acts of God and/or Nature, or any other circumstances beyond our reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages. Pixeldiva Designs will make no warranty to cover text-based or old browsers or requested special effects that have been advised to be against your interests. IN NO EVENT SHALL PIXELDIVA DESIGNS BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, LACK OF SERVICES, USE OF THE PIXELDIVA DESIGNS SITE, OR USE OF ANY PIXELDIVA DESIGNS PRODUCTS, PACKAGES OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL PIXELDIVA DESIGNS CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100 US DOLLARS). VIII. Additional Prohibitions
The use of graphics and code from any Pixeldiva Designs service or web design project may not be used to display information or sell content that is religiously offensive, racially insensitive, or pornographic. IX. Security
The administration panel of the website e-commerce system is not guaranteed secure unless the website is uploaded to a server which fulfills all web security standards and has a corresponding SSL certificate and dedicated IP. Pixeldiva Designs claims no responsibility for an insecure server or the use of an insecure password protected panel. Pixeldiva Designs does not save or backup an existing design installed on your domain. All updated backups, database backups and secure customer information backup must be made by you. X. Design Process, Installation, Revisions and Delivery
Pixeldiva Designs requires all pertinent information necessary to complete the service and/or install ta design (i.e. CMS log in information, ftp and Cpanel username and password, etc.) to your admin panel, compatible web hosting provider, or hosting server. You are responsible for not changing the username and password supplied to Pixeldiva Designs without notice. The You are responsible for using a web hosting provider compatible with the e-commerce script and any modules associated with the web design project. If you are using a non-compatible web host, Pixeldiva Designs will not take any responsibility for incompatibility issues, errors or bugs that may occur on your site. As per terms already specified above, no refunds will be issued. If you choose not to switch to a compatible host, you will be forfeiting any payments made if our software cannot be installed. Pixeldiva Designs will work with you, using the answers from the service questionnaire or package questionnaire to complete an initial preview of your web design service or a preliminary report of the service. Any revisions must be sent in within 3 days of receiving your preview. The site design includes up to 3 major revisions and unlimited minor revisions during the design process. Revisions do not include the addition of extra elements not included in the initial quote, including but not limited to extra graphics, DHTML menus, flash banners, flash forms, category graphics, custom navigation, configuration of your payment or shipping modules, mailing lists, and other additional elements that require custom coding or attention. Once you have approved the service, web design and layout of the preview, Pixeldiva Designs bill you through email for the remaining balance and any other fees related to your web design project that may have incurred during the revision process or the purchase of additional services. Payment is requires within 3 business days and cannot be delayed or rescheduled. Once payment had been confirmed, the delivery process will be scheduled and Pixeldiva Designs will proceed to create all matching website elements, print goods, blog, ad banners and the installation of any other services associated with your package. The final version of the website design project will be published to your hosting service upon receipt of full payment. Once the web design project is installed on your domain, you assume all responsibility of your site. Technical support is given at the discretion of Pixeldiva Designs after the site has been transferred to your domain. If after completion any major revisions or additions to your project are requested, you will be put on schedule as a new work order, and will have to pay any additional fees related to the redesign. Minor revisions may be made to your site at any time during the process and after delivery of the website at the sole discretion of Pixeldiva Designs at no extra charge. XI. Payment Merchant Account & Shipping Services
As the client, it is your responsibility to familiarize yourself with the operation of your catalog's admin panel, merchant accounts, payment modules and shipping modules. You are also responsible for opening an account with a compatible payment or shipping services. If any specific questions should arise regarding your 3rd party modules, you will contact your web host or 3rd party service provider directly. Pixeldiva Designs is not responsible for the configuration or successful installation of non-compatible payment or shipping services or any type of module that is not specifically included in the service purchased. XII. Database Content
Unless another arrangement has been made, you are responsible for the addition of products to your shopping cart pages, including the description of the products, item photographs, options, drop-down boxes, product attributes and photo editing, optimization and resizing of all product images. You are also responsible for adding all the literary and/or informational content and photos for all website pages including the home page and for the entry of any, meta descriptions, meta tags, keywords or meta-titles into your products or website content. XIII. Electronic Commerce Laws & Taxation
You as the client are solely responsible for complying with any laws and taxes applicable in any way to the web design project and will hold harmless, protect, and defend Pixeldiva Designs and its subcontractors from any claim, lawsuit, penalty, tax or fine arising from the client's exercise of Internet electronic commerce. XIV. Refunds
Pixeldiva Designs does not provide refunds for any monies paid, deposits, waiting list deposits, web design fees or service fees of any kind. XV. Cancellation
In the event of a cancellation of our services, you must submit the cancellation request in writing, and mail the cancellation request to our offices to officially close your project. All ownership of graphics, coding and layout created by Pixeldiva Designs will remain as property of Pixeldiva Designs and Pixeldiva Designs reserves the right to resell the graphics to recover any losses the cancellation caused. Cancellation of the project in writing will not merit a refund.
XVI. Chargebacks
Pixeldiva Designs will not negotiate nor accept chargebacks or refunds of any kind. Paypal does not refund payments or accept chargebacks for digital services or intangible goods. Initiating a chargeback for a valid transaction is considered fraud and will be prosecuted to the fullest extent of the law. Furthermore, Pixeldiva Designs will report the account to all credit reporting bureaus and will proceed with legal action and collection services against the client, business, and individual person to recover funds. An additional fee of $100 will be applied to the project if a chargeback or a temporary hold on the funds has been placed.
XVII. Privacy
All private information involved in any website design project or service provided by Pixeldiva Designs will remain private and will never be used, redistributed or sold to third parties. The client's private information, name, address, phone number, and email address will not be given as references to potential clients nor will be published in any way or form on the web, in email communications, or in print. XVIII. General
These Terms and Conditions supersede all previous representations, understandings or agreements. Pixeldiva Designs reserves the right to refuse service or support for any reason, including but not limited to excessive communications, revisions, or exhaustion of services. The payment of any monies or deposit by the client to Pixeldiva Designs constitutes agreement to and acceptance of these Terms and Conditions. |
