Terms of Service

These Terms of Service set forth the principles, guidelines and requirements of the Design 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. No work will begin until your payment has cleared. All amounts must be in US Dollars (US$) and made through Paypal or credit card. Any final payment or pending payment must be made prior to final installation, delivery and launch of the website design project.

III. Communication
Once initial payment has been sent, the client should must be fully available through email on a daily basis to answer any questions or complete tasks 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 via 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 and not included in the package purchased.

If at anytime Pixeldiva Designs is unable to contact the client for a period of more than 7 business days, the project will be canceled or rescheduled and all monies paid will be forfeited to Pixeldiva Designs. If the client requests to continue the design process at a later date, payment of any pending monies must be made before restarting the project. In the event that Pixeldiva Designs cancels the project entirely due to lack of communication, 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 and charge an additional cancellation fee which will be paid by the client.

IV. Support and Technical Assistance
Pixeldiva Designs offers free technical support via email. All free technical support request are required through email and not by phone, fax, postal mail, or in person. Paid training, phone assistance, and owner or employee training is available for purchase at $50 per hour and must be scheduled in advance by Pixeldiva Designs at our availability and convenience.

As the client, it is the client's full responsibility to familiarize themselves with the operation of the catalog's admin panel, merchant accounts, payment modules, shipping modules and all services and functions related to their e-commerce website. The client is also responsible for opening an account with compatible payment or shipping services. If any specific questions should arise regarding any 3rd party modules, the client should contact the 3rd party service provider directly. Pixeldiva Designs is not responsible for configuring or assistance related to third party services, newsletter providers, social media accounts such as Facebook, Twitter, Pinterest, Instagram, Tumblr, etc. or any type of service non-related to the e-commerce site. Pixeldiva Designs is not responsible for the configuration or successful installation of non-compatible modules, payment or shipping services, or any type of module that is not specifically included in the service purchased. Any extra coding, programming, module installing, or debugging will be billed separately.

Technical assistance is not an included feature in any package price and is not obligatory. It is offered free of charge on a case-per-case basis and may be cancelled by Pixeldiva Designs at any time. Pixeldiva Designs is not responsible if the client cannot manage the admin, finds the learning process difficult, and/or if the client cannot upload products or categories despite repeated attempts and support requests. Furthermore, Pixeldiva Designs reserves the right to charge for technical support through email and/or to cancel technical assistance completely and cease communications entirely, if emails or phone calls are deemed excessive, repetitive or time consuming.

The staff of Pixeldiva Designs is polite, respectful and helpful. In return, the client must be polite and respectful. We request respect for our policies, terms, communication methods and work hours. If Pixeldiva Designs feels that the client is demeaning, impolite, demanding, threatening, or rude, the client's account will be suspended, the client will be blacklisted and all communications from Pixeldiva Designs will cease. The client is free to find a 3rd party designer, host and programmer for assistance in this case and Pixeldiva Designs claims no responsibility for any expenses that the client incurs if blacklisted by Pixeldiva Designs.

V. 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 domain manager, hosting service panel, e-commerce admin and FTP. You must provide Pixeldiva Designs with the log in information and passwords necessary to access your website if necessary to complete the project. Pixeldiva Designs requires all pertinent information necessary to complete the service and/or install a design, logins to compatible web hosting providers, or hosting server. You are responsible for not changing the username and password supplied to Pixeldiva Designs without notice.

VI. Web Hosting Compatibility
Pixeldiva Designs provides compatible web hosting. If you prefer to use your own web hosting service, 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 be responsible for incompatibility issues, errors or bugs that may occur on your site. Any debugging or compatibility issues will be billed seperately and are not included in the package. 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 or modules cannot be installed.

VII. Design Process
Pixeldiva Designs will work with you, using the answers from the package questionnaire to complete an initial preview and subsequent revisions of your website or 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 and services purchased do not include the addition of extra elements not included in the initial quote, including but not limited to extra graphics, flash, scripts, forms, custom navigation, debugging, custom module installation and configuration, social media configuration, assistance, technical support and any additional elements that are not included or that require custom coding or attention.

Once you have approved the service, web design or preview, if a payment is pending, Pixeldiva Designs will invoice you for the remaining balance or 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 7 business days and cannot be delayed or rescheduled. The final version of the website design project will be transferred upon receipt of full payment.

Once the web design project is installed on your domain, you assume all responsibility of your site. If after completion any major revisions, edits 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.

VIII. Completion Timeline
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 by the delivery date or 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 requires more time for completion. All revision requests must be submitted by the client within 3 business 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 7 business days or more, Pixeldiva Designs reserves the right to reschedule the project or cancel the project completely.

IX. 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.

X. 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 optimized content to your wesbite, all 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.

XI. 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, the website owner.

XII. 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.

XIII. 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 international treaties and would make you legally liable in federal court. Pixeldiva Designs will also seek financial remuneration and legal fees at any cost.

XIV. Limitation of Liability and Liability Disclaimer
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. Any service purchased from Pixeldiva Designs is provided 'as is' without any kind of warranty. Pixeldiva Designs does not provide any guarantees for web hosting, 3rd party services or shopping cart functions.

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).

XV. 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, politically offensive, racially insensitive, or pornographic.

XVI. 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.

XVII. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The payment of any monies or deposit by the client to Pixeldiva Designs constitutes agreement to and acceptance of these Terms and Conditions.

Pixeldiva Designs © 2006-2014. All Rights Reserved.