Digital Marketing T&C

These terms and conditions shall apply to any trading agreement or other contract or arrangement between the client and Pixelette Technologies.

The contract

An independent contractor relationship will be created between the client and Pixelette Technologies, and no partnership or joint venture is intended or implied by either party.
Both parties will agree upon the date of commencement of the services, which will be applicable according to that date.
Either party may not cancel or fully transfer the service responsibilities to another service vendor without prior notice of 30 business days.
Pixelette Technologies reserves the right to subcontract a third-party service provider for some of the service tasks.
A person who is not a party to the contract shall not have any rights under or in connection with it.

Payment

If the client avails of any monthly service package of Pixelette Technologies, they are obliged to pay the total chargeable amount prior to the commencement of the work.
If Pixelette Technologies and the client agree on a fixed quote regarding any services, then they are liable to pay 50% of the billable amount in advance, prior to the commencement of the work. The remaining 50% of the payment will have to be made within 7 days of the start date of the services.
In case the client does not pay a monthly invoice when it is due, we will terminate the services immediately without issuing prior notice.

Liability

We will not be liable for any indirect or consequential losses due to delay in obligated service deliverables if the delay is due to natural or unforeseeable causes.
The client will defend, cover, and hold Pixelette Technologies harmless from and against any and all claims, losses, liabilities, and expenses related to the services provided by Pixelette Technologies to the client under this agreement, including without limitation claims made by third parties related to false advertising claims, liability claims for products or services sold by the client, claims for patent, copyright, or trademark infringement, claims due to disruption or malfunction of services provided, or for any content submitted by the client for publication by us.
Due to the nature of digital media, any content/information given by the client to Pixelette Technologies for publication will be accessible to the public as soon as publication is carried out. We will not be responsible for screening the material, and any damages or losses of profit, goodwill, or any business asset due to publicising the content.

Privacy rights

Information such as name, email, contact number, and website URL that the client provides us by filling out the contact form will be kept confidential and will not be exposed to a third party without their prior consent. However, the information will be made available to the employees of Pixelette Technologies.
We will take reasonable precautions to prevent the loss, misuse, or alteration of your personal information.
The transfer of data over the internet is inherently insecure, and we cannot guarantee security in this regard.
However, we use encrypted technology for making any kind of money transaction to ensure maximum security against online theft and fraud.
Cookies are used to track web users’ browsing information/preferences, and we may use cookies to gather statistical data about your browsing pattern for optimising our site.
Some third-party advertisers who have their ad links on our website may also use cookies to gather statistical information about you. However, cookies do not give access to any of your personal information either to us or a third-party entity.

Effective dates and changes:

Pixelette Technologies reserves the right to modify the above terms and conditions at any time, including during an ongoing contract, and changes in the terms and conditions will be notified to the clients through the company email.

A. The developer is engaged in the design and development of internet websites, and
B. The client wants to retain the developer to design and develop a website. The developer and client agree as follows:

Scope of Services: The developer agrees to design and implement the website for the client following the specifications outlined in the statement of work or the quote.
Price and Payment Terms: The client will pay the price to the developer for the development services according to the terms and timeframes for completion outlined in the statement of work or the quote.
Ownership of Intellectual Property: Provided the developer has received payment of the price for the development services, the developer assigns all rights, title, and interest in any intellectual property created or developed for the client to the client, excluding the content management system for realtor and real estate websites, which will remain the sole property of the developer. For websites other than real estate and realtor, the client also has ownership of the content management system.
Confidential Information:
4.1 Confidential Information of the Client: The developer will hold all information relating to the Client in strict confidence and will not disclose or use it except if necessary to perform the Development Services, with specific written authorisation from the client.
4.2 Confidential Information of the Developer: The client will hold all information relating to the developer in strict confidence and will not disclose or use it except if necessary to perform their duties under this Agreement, with specific written authorisation from the developer.
Warranty and Disclaimer: The developer warrants that the development services will be provided in a professional manner and in accordance with industry standards.
Remedies:
6.1 Limitation of Remedies: The client’s only remedy for any claims against the Developer regarding the quality of the development services is for the developer to correct any material defects or deficiencies. If there is no such notice of deficiencies, the development services will be deemed satisfactory to and accepted by the client.
Limitation of Liability: The developer will not be liable for any loss of profit or revenue by the client or for any other consequential, incidental, indirect, or economic damages incurred by the client arising from or related to the development services, whether in contract, tort or otherwise, even if the client was advised of the possibility of such loss or damages. The total liability of the developer for all claims arising from or related to this Agreement will not exceed the amount paid by the client to the developer for the development services in the preceding six months.The client will indemnify and hold the developer harmless against any claims by third parties, including all costs, expenses, and attorney’s fees incurred, arising from the client’s performance under or breach of this Agreement.
The client warrants and represents that they are the rightful owner or licensee of all content provided to the developer and will indemnify and hold the developer harmless against any claims for intellectual property infringement.
Relation of Parties: The developer will perform their duties as an independent contractor and nothing in this Agreement will create or imply an agency relationship, joint venture, or partnership between the parties.
Employee Solicitation Hiring: Neither party will directly or indirectly solicit or offer employment to or hire any employee, former employee, subcontractor, or former subcontractor of the other during the period of this Agreement and for twelve months thereafter.
Arbitration:
10.1 Arbitration Subject to subsection 6.2, all disputes arising from or in connection with this Agreement will be referred to and resolved by a single arbitrator.
10.2 Final and Binding. The arbitrator’s decision on all issues submitted will be conclusive, final, and binding on all parties.
10.3 Costs The Arbitrator shall determine who shall bear the costs of arbitration under this section.

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