Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and PixelThrive ("Company," "we," "our," or "us") regarding your access to and use of our website, services, and products.

By accessing our website (pixelthrive.com), engaging our services, or entering into a service agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and any other applicable policies.

Eligibility

By using our services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• You are authorized to act on behalf of any business or organization you represent
• All information you provide is accurate, current, and complete

Our Services

PixelThrive provides comprehensive digital growth and creative performance services, including but not limited to:

Service Offerings

• Web Design & Development: Custom website design, development, and optimization
• Brand Identity & Visual Design: Logo design, brand guidelines, and creative assets
• SEO Services: Search engine optimization, technical SEO, and content strategy
• Digital Marketing: Social media marketing, PPC campaigns, email marketing, and content marketing
• Consulting Services: Digital strategy, brand positioning, and growth consulting
• Maintenance & Support: Website maintenance, updates, and technical support

Service Scope

The specific services to be provided will be outlined in a separate Service Agreement, Proposal, or Statement of Work ("SOW"). The SOW will detail:

• Project scope and deliverables
• Timeline and milestones
• Pricing and payment terms
• Client responsibilities and requirements
• Acceptance criteria and revision policies

User Responsibilities

As a client of PixelThrive, you agree to fulfill the following responsibilities:

Content & Materials

• Provide all necessary content, materials, and assets in a timely manner
• Ensure all provided content is accurate, legal, and does not infringe on third-party rights
• Obtain necessary permissions, licenses, and approvals for any content you provide
• Review and approve deliverables within agreed-upon timeframes

Communication & Collaboration

• Designate a primary point of contact for the project
• Respond to our requests for information or feedback in a timely manner
• Provide constructive and specific feedback during review periods
• Communicate any concerns or issues promptly

Technical Access

• Provide necessary access to hosting accounts, domain registrars, third-party platforms, and analytics tools
• Ensure hosting and server environments meet technical requirements
• Maintain valid licenses for any third-party software or services

Prohibited Activities

You agree NOT to:

• Use our services for any illegal, fraudulent, or harmful purposes
• Distribute malware, viruses, or other malicious code through our services
• Attempt to reverse engineer, decompile, or access our proprietary systems
• Violate any applicable laws, regulations, or third-party rights
• Use our services to create content that is defamatory, obscene, or discriminatory
• Impersonate PixelThrive or misrepresent your relationship with us

Intellectual Property Rights

Client-Provided Materials

You retain all ownership rights to content, materials, trademarks, and intellectual property you provide to us ("Client Materials"). By providing Client Materials, you grant PixelThrive a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such materials solely for the purpose of providing our services.

Work Product & Deliverables

Upon full payment of all fees, you will receive ownership of the final deliverables specified in the SOW ("Final Deliverables"), which may include:

• Custom designs, graphics, and visual assets
• Website code and development files (excluding third-party libraries and frameworks)
• Brand guidelines and identity materials
• Content created specifically for your project

Excluded from Transfer

Ownership transfer does NOT include:

• Pre-existing templates, frameworks, and libraries
• Stock photos, fonts, icons, or other licensed third-party assets
• PixelThrive's proprietary methodologies, processes, and tools
• Source files, working files, or preliminary designs (unless specifically included in SOW)

Third-Party Licenses

Some deliverables may include third-party components (fonts, stock images, plugins) that require separate licenses. You are responsible for obtaining and maintaining any necessary third-party licenses. We will inform you of such requirements.

Portfolio & Marketing Rights

Unless otherwise agreed in writing, PixelThrive reserves the right to:

• Display completed projects in our portfolio
• Use project materials for marketing, promotion, and case studies
• Include your company name and logo in our client list
• Create and publish case studies about our work together

If you require confidentiality, please inform us before project commencement, and we will execute a separate Non-Disclosure Agreement (NDA).

Payment & Billing Terms

Pricing & Quotes

All project pricing will be outlined in the SOW or proposal. Prices are valid for 30 days from the date of the proposal unless otherwise stated.

Payment Structure

Standard payment terms include:

• Deposit: 50% upfront payment required before project commencement
• Milestone Payments: Progress payments may be required for larger projects
• Final Payment: Remaining balance due upon project completion before final delivery
• Retainer Services: Monthly retainers billed in advance at the beginning of each billing cycle

Payment Methods

We accept payments via:

• Bank transfer / Wire transfer
• Credit/Debit cards (via secure payment gateway)
• PayPal
• UPI (for Indian clients)
• Other methods as agreed upon

Late Payments

Invoices are due within 7 days of issuance unless otherwise specified. Late payments may result in:

• Project work suspension until payment is received
• Late fee of 2% per month on outstanding balance
• Withholding of final deliverables until full payment
• Termination of services after 30 days of non-payment

Additional Costs

Unless included in the SOW, the following are billed separately:

• Third-party services (hosting, domains, premium plugins, stock assets)
• Scope changes and additional work requests
• Expedited delivery fees
• Travel expenses (if applicable)

Refund Policy

Due to the custom nature of our services:

• Deposit payments are non-refundable once work has commenced
• Refunds may be considered on a case-by-case basis for extenuating circumstances
• Completed work is non-refundable
• Unused retainer hours do not roll over or qualify for refunds

Project Delivery & Timelines

Timeline Estimates

Project timelines are estimates based on the agreed scope and assume timely client cooperation. Actual delivery dates may vary due to:

• Delays in receiving client feedback or materials
• Scope changes or additional requests
• Technical complexities or third-party dependencies
• Force majeure events beyond our control

Revision Policy

Unless otherwise specified in the SOW:

• Each project phase includes a specified number of revision rounds
• Revisions must be requested within the agreed review period
• Revision requests should be consolidated and provided in writing
• Additional revisions beyond the included rounds may incur extra charges
• Major scope changes are not considered revisions

Client Approval & Sign-Off

Projects proceed through defined approval stages. Failure to provide approval or feedback within agreed timeframes (typically 7 days) will be considered acceptance, and we may proceed to the next phase.

Delivery & Launch

Final deliverables will be provided upon:

• Client approval of all deliverables
• Receipt of final payment
• Completion of all agreed-upon tasks in the SOW

Warranties & Disclaimers

Our Warranties

PixelThrive warrants that:

• Services will be performed in a professional and workmanlike manner
• Final deliverables will substantially conform to the specifications in the SOW
• We have the right to provide the services and deliverables
• Deliverables will not infringe upon third-party intellectual property rights (to the best of our knowledge)

Warranty Period

We provide a 30-day warranty period following project delivery for:

• Bug fixes and technical issues related to our work
• Corrections to deliverables that don't meet agreed specifications

Warranty does NOT cover:

• Issues caused by client modifications or third-party interventions
• Compatibility issues with future browser, platform, or software updates
• Hosting, server, or infrastructure issues
• Content changes or updates

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED ABOVE, OUR SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Guarantees of specific results, rankings, traffic, or conversions
• Uninterrupted or error-free operation
• Compatibility with all browsers, devices, or platforms

Third-Party Services

We are not responsible for the performance, availability, or policies of third-party services (hosting providers, payment processors, social media platforms, etc.) integrated into your project.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Limitation on Damages

IN NO EVENT SHALL PIXELTHRIVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption
• Loss of goodwill or reputation
• Cost of substitute services

Maximum Liability

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PIXELTHRIVE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Exceptions

Nothing in these Terms shall limit our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by applicable law

Indemnification

You agree to indemnify, defend, and hold harmless PixelThrive, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your breach of these Terms or any applicable law
• Client Materials you provide that infringe third-party rights
• Your use or misuse of our services or deliverables
• Your violation of any third-party rights
• Any claim that Client Materials caused harm to a third party

This indemnification obligation will survive termination of these Terms.

Termination

Termination by Client

You may terminate services by providing written notice. In the event of termination:

• You remain responsible for payment of all work completed up to the termination date
• Deposit payments are non-refundable
• We will provide deliverables completed to date upon receipt of payment
• You forfeit rights to incomplete or unpaid work

Termination by PixelThrive

We reserve the right to terminate services immediately if:

• You breach any material term of these Terms
• Payment is more than 30 days overdue
• You engage in abusive, threatening, or illegal behavior
• Continuing the relationship is not feasible

Effect of Termination

Upon termination:

• All outstanding invoices become immediately due
• We may cease all work and withhold deliverables pending payment
• Licenses granted to you for use of deliverables will terminate if payment is not received
• Both parties must return or destroy confidential information

Survival

Provisions regarding payment, intellectual property, confidentiality, warranties, limitation of liability, and indemnification shall survive termination.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our relationship.

Confidential Information Includes:

• Business strategies, plans, and financial information
• Technical data, processes, and methodologies
• Customer lists and marketing strategies
• Any information marked as "Confidential"

Exceptions:

Confidential information does not include information that:

• Is publicly available through no fault of the receiving party
• Was rightfully in possession of the receiving party before disclosure
• Is independently developed without use of confidential information
• Is required to be disclosed by law or court order

For projects requiring enhanced confidentiality, we can execute a separate Non-Disclosure Agreement (NDA).

Governing Law & Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Jurisdiction

The courts of Siliguri, West Bengal, India shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms or our services.

Dispute Resolution

In the event of a dispute, the parties agree to:

1. Good Faith Negotiation: First attempt to resolve the dispute through good faith negotiations
2. Mediation: If negotiations fail, engage in mediation with a mutually agreed mediator
3. Arbitration: If mediation fails, submit to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996
4. Litigation: Only as a last resort, pursue litigation in the agreed jurisdiction

Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in class actions or class arbitrations.