Terms and Conditions

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the pixelfreshdesignco.site website operated by Pixel Fresh Design Co. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Bookings

These Terms and Conditions govern your use of our online appointment booking service.

1. Acceptance of Terms

By using our appointment booking service, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you may not use our service.

2. Appointment Booking

You must provide accurate and complete information when booking an appointment. All appointments are subject to availability. We reserve the right to decline or cancel appointments at our discretion.

3. Cancellations and Rescheduling

If you need to cancel or reschedule an appointment, please do so at least 24 hours in advance.
Failure to cancel or reschedule within the specified time frame may result in a cancellation fee (depending on the type of booking).
We reserve the right to charge a cancellation fee for repeated cancellations or no-shows.

4. Payment

Payment for appointments may be required at the time of booking or upon completion of the appointment, as specified. We accept payment via Paypal and Stripe , and all payments are processed securely.

5. Privacy

We respect your privacy and will only use your personal information in accordance with our Privacy Policy. By using our appointment booking service, you consent to the collection and use of your personal information as described in our Privacy Policy.

6. Liability

We make every effort to ensure the accuracy and reliability of our appointment booking service, but we cannot guarantee uninterrupted or error-free operation. We are not liable for any loss or damage arising from your use of our service, including but not limited to missed appointments, technical issues, or scheduling errors.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Client Proposals

These terms and conditions (“Terms”) govern the provision of web design services by Pixel Fresh Design Co. (“Company”) to the client specified in the proposal (“Client”). By accepting the proposal or engaging in any form of business with the Company, the Client agrees to be bound by these Terms.

• 1. Scope of Work:
  • 1.1. The Company agrees to provide web design services as outlined in the proposal, including but not limited to website design, development, maintenance, and related services.
  • 1.2. Any additional services requested by the Client not included in the proposal will be subject to additional charges and must be agreed upon in writing by both parties.
• 2. Payment:
  • 2.1. The Client agrees to pay the Company the fees specified in the proposal according to the payment schedule outlined therein.
  • 2.2. Payments shall be made in USD via payment methods such as Visa, MasterCard, or electronically such as PayPal, Stripe Direct Deposit, or check. Cash is not accepted.
  • 2.3. Failure to make payments on time may result in the suspension or termination of services until outstanding payments are received.
• 3. Intellectual Property:
  • 3.1. The Company retains ownership of all intellectual property rights associated with the website design, including but not limited to source code, graphics, and content created by the Company.
  • 3.2. Upon receipt of full payment, the Company grants the Client a non-exclusive, non-transferable license to use the website design for its intended purpose. Pixel Fresh Design Co. reserves the right to use designs in partial, or in its entirety for other designs, either “as-is” or modified. Pixel Fresh Design Co. also reserves the right to showcase design projects to promote their services.
• 4. Content and Materials:
  • 4.1. The Client is responsible for providing all necessary content and materials required for the website design, including text, images, logos, and other assets, as stated within the contract agreement. If content is not provided, filler text or images will be used until content is provided.
  • 4.2. The Client warrants that it owns or has obtained all necessary rights and permissions for the use of any content or materials provided to the Company, such as images, logos, typography files, etc.
• 5. Revisions and Modifications:
  • 5.1. The Client may request revisions or modifications to the website design during the development process, subject to reasonable limitations as determined by the Company.
  • 5.2. Additional revisions or modifications requested by the Client after the completion of the project may be subject to additional charges.
• 6. Confidentiality:
  • 6.1. Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the project.
  • 6.2. This obligation of confidentiality shall survive the termination of the project or any other agreement between the parties.
• 7. Termination:
  • 7.1. Either party may terminate the project upon written notice if the other party materially breaches these Terms and fails to remedy such breach within 10 days of receiving written notice.
  • 7.2. Upon termination, the Client shall pay the Company for all services rendered up to the date of termination.
• 8. Limitation of Liability:
  • 8.1. The Company shall not be liable to the Client or any third party for any indirect, incidental, special, or consequential damages arising out of or in connection with the provision of services under these Terms.
  • 8.2. The total liability of the Company under these Terms shall not exceed the total fees paid by the Client to the Company for the services provided, unless change of project scope has been made.
• 9. Governing Law:
  • 9.1. These Terms shall be governed by and construed in accordance with the laws of the United States.
  • 9.2. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the United States.
• 10. Entire Agreement:
  • 10.1. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, whether written or oral.
    By signing below or accepting the proposal electronically, the Client acknowledges that they have read, understood, and agrees to be bound by these Terms.

 

Client Review and Approval

It is the Client’s responsibility to thoroughly review and approve all content, designs, and materials prior to publication or launch. Pixel Fresh Design Co. will submit final drafts, mockups, or previews for approval, and the Client must provide feedback or confirmation within the specified timeframe.

Once approved, Pixel Fresh Design Co. is not liable for any errors, omissions, or issues in the content or design, including typographical errors, incorrect information, or design flaws that were overlooked during the review process.

Confidentiality

Both Pixel Fresh Design Co. and the Client agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the project. This includes, but is not limited to, business plans, financial information, login credentials, trade secrets, and any other confidential materials or practices.

Neither party shall disclose or share any confidential information with third parties without the prior written consent of the other, except as required by law. This obligation will continue beyond the completion of the project for an indefinite period, or until such information becomes publicly available through no fault of the disclosing party.

Pixel Fresh Design Co. reserves the right to feature the completed project in its portfolio and may reuse certain design elements in future projects. However, upon the Client’s request, any sensitive information will be removed prior to showcasing the project.

Content

In order to post, link, store, share or otherwise make available certain information, text, graphics, videos, or other material (“Content”), you are responsible for following all public and private laws and practices and are subject to restriction from our Service upon violation of such laws. Some Content may be restricted to logged in users only. Refrain from sharing this data with those outside of our organization.

Copyrighted and Licensed Material

The Client is responsible for ensuring that all content and materials provided for the project, including text, images, logos, fonts, documents, and other media, have the proper rights, licenses, or permissions for use.

Pixel Fresh Design Co. will not be liable for any copyright infringement, improper use of licensed materials, or violations of intellectual property rights resulting from unlicensed or improperly licensed content, such as:

• Copy, images, or logos
• Fonts not licensed for commercial use
• Images with insufficient licenses
• Materials with restricted use
• Coupon codes or proprietary content

By providing materials, the Client confirms they hold the necessary legal rights for their use, including commercial use where applicable. Pixel Fresh Design Co. is not responsible for verifying the ownership or licensing of these materials.

If a dispute arises regarding ownership or licensing, the Client agrees to indemnify and hold Pixel Fresh Design Co. harmless from any claims or liabilities.

Development Website Hosting Terms

Developing on our server

• As common procedure, we develop your site away from your current site in its entirety and upload/replace your current content with the newly designed site once your new site is completed.
• Your project will remain on our site for 3 months after the project has been completed then moved to the archive after the site has been installed on your server.

Project Stalling & Fees

• If your project stalls for more than 3 months due to lack of communication, or if you fail to respond to our emails after a month, your site will become locked and a $8/month maintenance fee will be charged to keep your development site hosted on our server. This fee applies until consistent communication is reestablished.

• To unlock your site for continued work or to regain access, there is a $5 unlocking fee. If no changes or communication occur within 1 month after unlocking, the $8/month maintenance fee will be reinstated until the project resumes.

Discontinuing Development Site

• Once the original contract is fulfilled and your site is live on your hosting server, the development version will be removed from our server and archived for future reference.

• If you wish to remove your site from our development server and handle the installation yourself, we will provide the export files via Google Drive or Smash.

Force Majeure

Pixel Fresh Design Co. will not be held liable for any delays or failures to perform due to circumstances beyond our control, including but not limited to acts of nature, government restrictions, or technical failures.

Indemnity Clause

The Client agrees to indemnify and hold Pixel Fresh Design Co., its employees, and contractors harmless from any and all claims, legal actions, damages, or liabilities that arise from the use of the website, services, or content provided. This includes, but is not limited to, claims related to copyright or licensing violations, improper use of third-party services, and misuse of proprietary content. This includes any choices made by the Client that may negatively impact their business and have been implemented by Pixel Fresh Design Co. Examples include, but are not limited to, conflicts of interest, branding decisions, SEO strategies, design preferences, copywriting, third-party hosting services, the Client’s selected website security measures, or potential virus or malware attacks resulting from these choices, as well as any vulnerability in WordPress or any of their third-party plugins.

Pixel Fresh Design Co. will not be held responsible for any legal issues resulting from the Client’s failure to secure proper rights or permissions for any materials used in the project.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Pixel Fresh Design Co.

Pixel Fresh Design Co. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Pixel Fresh Design Co. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Limitation of Liability

Pixel Fresh Design Co. will not be held liable for any indirect, incidental, or consequential damages arising from the use of the website or services, including but not limited to loss of revenue or data.

Third-Party Services and Tools

Pixel Fresh Design Co. may integrate third-party tools, plugins, or services into your project as needed. The Client acknowledges that the use of such third-party services is subject to the terms and conditions set by those providers. The Client is solely responsible for ensuring compliance with any agreements, licensing, or terms associated with these third-party services. Pixel Fresh Design Co. is not responsible for updating or replacing plugins unless specifically stated in a contract. Any plugin replacement or updates agreed upon will be billed at an hourly rate, covering the time spent on research, installation, and setup until the process is completed.

Pixel Fresh Design Co. is not liable for any issues, disruptions, or liabilities that arise from the use of third-party services, including but not limited to plugin malfunctions, security vulnerabilities, or changes in service terms.

Payments

Collecting Payments

• Pixel Fresh issues invoices on a bi-weekly basis, or as otherwise agreed upon between the company and the client. Payments are due within 10 days of the invoice date.
• All work is to be paid for by the client based on terms that Pixel Fresh Design Co. and the client has set.

• A late fee of $20 will be applied for each week the payment is overdue, with partial weeks prorated accordingly.

Refunds

• The initial deposit for a web project is not refundable unless the project has not been started.
• Refunds will be handled by a case-by-case basis.
• All payments will include a digital transaction fee of 3.5% if paid through our payment system.

Project Scope and Budget Limitations

Pixel Fresh Design Co. operates on a time and budget basis as outlined in the initial project agreement. While we welcome and encourage creative ideas, any requests for additional features, services, or revisions beyond the agreed project scope will be addressed only to the extent that they fall within the allocated hours and budget specified in the contract.

Should any additional work be required that exceeds the initial project scope, this will be subject to a new agreement and may incur additional fees. We reserve the right to assess the feasibility of implementing any such requests based on time and resource availability. Any work beyond the allotted hours will not be undertaken without prior approval and payment adjustment.

Pixel Fresh Design Co. will provide an estimated project timeline, including key milestones and deadlines, based on the agreed scope of work. The Client is responsible for providing timely feedback, materials, and approvals necessary to meet the agreed deadlines. Any delay in the Client’s response or failure to provide required content will result in an extension of the project timeline and additional charges, at an hourly rate.

Pixel Fresh Design Co. is not responsible for missed deadlines due to delays caused by the Client or unforeseen circumstances outside our control. If delays occur on the part of Pixel Fresh Design Co., a revised timeline will be provided to the Client in a timely manner.

Project Timelines

Pixel Fresh Design Co. strives to meet agreed-upon deadlines to ensure timely delivery of all projects. However, due to the nature and complexity of web design and development, completion dates cannot always be guaranteed. The following factors may impact project timelines:

• Client Communication & Responsiveness: Timely feedback, approvals, and provision of necessary content or assets from clients are essential to maintaining the project schedule. Delays in communication can directly impact the completion timeline.

• Scope Changes: Any adjustments to the original project scope, such as new feature requests or changes in design direction, can require additional time and resources, which may affect the overall timeline.

• Technical Constraints: Technical challenges, such as compatibility issues with third-party software or plugins, server issues, or unanticipated platform limitations, can sometimes impact the project’s progress.

• Resource Availability: Unforeseen circumstances affecting resource availability, such as team member absences or other scheduling conflicts, may also lead to potential delays.

• Testing and Quality Assurance: Ensuring the project meets Pixel Fresh’s quality standards requires thorough testing. This process may reveal issues that need to be resolved, which can occasionally extend the timeline.

Pixel Fresh Design Co. will communicate any anticipated delays as early as possible and will make every effort to stay on schedule. However, client understanding and cooperation are appreciated in cases where delays arise due to factors outside of Pixel Fresh’s control.

Termination

Pixel Fresh Design Co. reserves the right to terminate any project under certain circumstances. Project termination may occur for the following reasons:

• Non-Payment: If a client fails to fulfill payment obligations as outlined in the project agreement, Pixel Fresh reserves the right to pause or terminate the project until payments are resolved.

• Lack of Client Communication: Effective communication is essential to project success. If a client becomes unresponsive for an extended period (typically 14 days or more) without prior notice, Pixel Fresh may consider the project abandoned and may terminate it.

• Scope Violations or Unauthorized Changes: Pixel Fresh undertakes projects based on agreed-upon scopes of work. If the client requests significant scope changes or attempts unauthorized modifications that impact the project direction, Pixel Fresh may choose to terminate the agreement if mutual alignment cannot be reached.

• Inappropriate Client Behavior: Pixel Fresh is committed to a professional and respectful working relationship. Any inappropriate, offensive, or abusive behavior directed toward the team may result in immediate termination.

• Force Majeure: In cases of unforeseen events beyond the control of either party, such as natural disasters, severe illness, or legal restrictions, Pixel Fresh reserves the right to terminate the project if it is deemed infeasible to continue under the circumstances.

If a project is terminated for any of the reasons above, Pixel Fresh will notify the client promptly, and any completed work to that point will be delivered. The client may be responsible for partial payment covering the work completed up to the termination date, as per the agreed-upon rates. Refunds or partial payments will be determined on a case-by-case basis.