Terms of Service
Please read the Terms and Conditions. By ordering any services from Pixabra Studio, you (hereafter referred to as 'Client') agree to abide by the following Terms and Conditions:
THIS PART IS GENERAL, RELATED TO ALL CLIENTS
Client agrees to provide us with everything that we need to complete the project as and when we need it, and in the format that we ask for. Client agrees to review our work, provide feedback and approval in a timely manner. Client also agrees to stick to the payment schedule.
We reserve the right to turn down any project that we perceive to be malicious or illegal in nature. We also reserve the right to reject any projects that we believe cannot be done to the Client's satisfaction or applicable usage requirement.
Our Client's privacy is very important to us. We do not share or sell personal information with any other third parties. All information provided will be handled in a highly confidential manner.
All materials are accepted from the Client on the understanding that the Client is the legal owner or has the copyright owner's permission. We don't accept responsibility for any third-party legal action instigated due to the infringement or violation of copyright.
Payments and Refund Policy
We will notify the Client about the cost of services before we start working on Client's project. All questions, complaints, wishes, notes, new ideas or sudden changes of old ideas must be communicated to and agreed with us before the payment is made. The payment is non-refundable. Additional questions, complaints, wishes notes, and new ideas may be at additional charge.
Turn around times do not imply a guarantee. Times will be determined by workload as well as by the size of the Client's project. Client will be notified of approximate deadlines ahead of time.
Client acknowledges and agrees that Pixabra Studio cannot guarantee constant service because of the variables involved. Circumstances beyond our control include but are not limited to service interruptions caused by "acts of god", telecommunications system failures and server problems.
We won't be held responsible for any damages arising from the user utilization, misuse, or implementation of any materials created for the Client.
THIS PART IS SPECIFICALLY RELATED TO PHOTO EDITING/RETOUCHING
The prices payable for photo editing/retouching that the Client orders are as set out in our reply to Client's initial contact. Please, check Payments and Refund Policy above.
Photo Retouching Payment
If the Client is satisfied with the sample (or stamped) photo and wishes to order the retouched/edited photo(s), we must receive payment in full before Client's order can be sent. Once we have received the payment, we will send an email with the Client's photo(s) attached. Once payment has been accepted, the Client will have no rights to cancellation or refund as all photos have been made to order and agreed from the sample provided. Any further modifications or alterations, after the payment was received, may incur an additional charge.
THIS PART IS SPECIFICALLY RELATED TO WEBSITES
The price varies for each project based on specific requirements and needs. The price is determined and agreed upon upfront. We collect the initial payment of 50% of the agreed cost before we begin working on Client's project. The full balance is due upon completion of the Client's project in accordance with the Client's original specifications. All overdue accounts will be assessed a 10% monthly late fee. FINAL PAYMENT MUST BE RECEIVED BEFORE THE WEBSITE GOES LIVE. NO EXCEPTIONS.
If the Client requests changes outside the limits of original agreement, the Client agrees to pay Pixabra Studio fees on a per hour basis or as mutually agreed. Unless we are notified via email within ten (10) days of posting review, we will consider the material deemed acceptable by the Client. Payment of the fee balance will then become due.
We will create designs for the look-and-feel, layout and functionality of Client's website. Client will receive one main design plus one round of revision (1 additional layout for Client's website). If the Client is not happy with the designs at this stage, the Client will pay us in full for all of the work that we have produced until that point. Then the Client may either cancel our agreement or continue to commission us to make further design revisions at an additional charge.
When we receive Client's final payment, copyright is automatically assigned as follows:
Client owns the graphics and other visual elements created for the Client. We own the XHTML, HTML5 markup, CSS, PHP and other codes and we license it to you for use on only this project.
We're not responsible for writing or inputting any text copy unless we specified it in the original estimate.
You will supply us photographs in digital format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged additionally.
Hosting Access and Rights
If you don't have or manage website hosting, we can provide hosting at $20 per month or as agreed. With our hosting, the Client will be able to monitor his/her website statistics and to edit content of webpages. Client is not obliged to buy hosting from us. If your website is not hosted with us, we must be granted access to the server directory where the design is to be placed. By consenting to these terms and conditions, the Client is also granting us full "on demand" access to the installed files. Client further agrees that we shall have the right to remove "our" design from public view for failure to adhere to the terms of this agreement. These could include violating licensing agreement or failure to pay fees duly assessed.
Submitted for Client's approval
Pixabra Studio will post all site work done to our server for review by the Client. This will allow the Client an opportunity to review the appearance and content of materials. All custom programming and custom graphics including logos, animations and other programming provided for the Client will be considered as part of the finished product even if the Client decides not to use them.
Posting to Server
Upon payment of balance, Pixabra Studio will post (install) pages to the permanent server (website location). This may take several days depending on the setup times and server side changes that need to be made.
Client agrees that a credit link to pixabra.com will appear at the bottom of each page in the Client's website. The link will be in the form of a very small graphic and/or text link.
Pixabra Studio cannot and will not be held responsible for modifications, alterations, or deletions made by any third party. Client acknowledges and agrees that Pixabra Studio has no control over and will not be liable for the unlawful acts of others who access Client's installed and publicly posted materials.
We can't guarantee that the functions contained in any web page or in a completed website will always be error-free and so we can't be liable to the Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate Client's website, even if the Client has advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
If the Client needs help with anything beyond the design and development of Client's website, we'll be happy to help and will charge on a per hour basis or as mutually agreed.
PLEASE, ACCEPT THE TERMS AND CONDITIONS BELOW: