Terms & Conditions
Relationship with Client
Pixel Solutions understands that the relationship with Client is that of a contractor and that
nothing creates a joint venture, partnership, or employer-employee relationship.
Accordingly, Pixel Solutions is not entitled to any benefits that may ordinarily be extended
to employees, and is not authorized to make any representation, contract or commitment
on behalf of Client unless specifically authorized to do so by Client. The parties
hereto understand that neither of them has authority to bind the other in any contractual
arrangement with any third party.
Services
During the engagement Pixel Solutions will create a website or requested system as per the
specifications provided by Pixel Solutions in consensus with relevant law and standard industry
practices in all material respects.
Client's Obligations
During the engagement, the Client shall provide the Company any information reasonably
requested by the Company in a timely manner. Client will be responsible for registering
the Website’s domain name, choosing the Web hosting company, and paying any fees
associated with these. Client is also responsible for any other fees associated
with the project. Client will also be responsible to get outside services done in
timely manner those are related to the current project with the Company.
Approvals & Modifications
Pixel Solutions has a structured and systematic approach towards design and development of
a system. Client approval is integral process in completion of each element of the
project. Such approvals are derived from the clients at regular basis. During the
course of design or development stage if client fails to respond to give feedback
to the company within 10 days for any queries, work executed, etc, the company will
put the project on hold and will switch over the designers/developers/team working
on the client’s project to other company project. If the client wants to resume
project, which is on hold, company reserves the right to revise the quote and the
timeline to accomplish the work. Change in approved elements of the system at a
later stage may cause modular changes in the design, which may be charged additionally.
Span of Engagement
The Engagement shall commence on the Effective Date which will be the day on which
the quote is sent to client and shall end on End Date derived from adding number
of days stated by Pixel Solutions during project estimation stage, Timeline and Fees, subsection
Expected Time Duration, to Effective Date, unless earlier terminated in accordance
with termination clause stated below. Scope of span is limited to the condition
that all the content related to the project should be provided in advance and Client
will corresponds Company regarding project related queries in timely manner. Modification
in requirements can change span of engagement depending on the change requested
and not limited to any extent.
Payment Terms
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Fee for Services
In consideration for the Services, and for the duration of the Term, the Client
shall pay the Company a service fee equal to System Cost given by Pixel Solutions to the client.
If the scope of the specifications or project is changed after agreeing to the project,
the compensation can be increased as per negotiation between Client and the Company.
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Schedule of Payment
Client agrees to follow Schedule of Payment given at the time of estimation. The
Company shall have no obligations under this Agreement, including its obligation
to commence the Services, until and unless it receives “good funds” equal to the
advance Deposit.
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Late Payment
Any and all amounts owed to the Company by Client hereunder that are not paid when
due shall, at the Company’s sole option, accrue interest at the rate of twelve percent
(12%) per annum, calculated from the date on which such amount was due.
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Maintenance and Hourly Rate
Client accepts that Pixel Solutions will do minor webpage maintenance or bug encountered while
using the system in the first two weeks to regular Web Pages after the website or
the system is made LIVE on the server, including updating links and making minor
changes to a sentence or paragraph. It does not include removing nearly all the
text from a page and replacing it with new text. If the client or an agent other
than Pixel Solutions attempts updating the client's pages, time to repair Web Pages will be
assessed at the hourly rate, and is not included as part of the updating time.
The two-week maintenance period commences upon the date the client's system is officially
published to the web, regardless of any other ongoing work. Changes requested by
the client beyond those limits will be billed at the hourly rate as agreed upon
with client before starting the project. This rate shall also govern additional
work authorized beyond the maximums specified above for such services as general
Internet orientation education, marketing consulting, webpage design, editing, modifying
product pages and databases in an online store, and art, photo, graphics services,
and helping Client or their agents learn how to use their own webpage editor. Complex
technology specific programming charges (if any) are not included in this rate.
Additional Expenses
The cost given in this proposal is only for the services provided by Pixel Solutions which
does not include any other cost like Domain, Hosting or third party component cost,
data entry. If any outside component or service out of scope would require for the
project either client will pay extra cost to Pixel Solutions or client will buy the component
or services to implement and use in the project.
Termination
Each party shall have the right to terminate the engagement by giving the other
party written notice of termination in following conditions: (1) If the other party
considerably breaches any of its obligations under this agreement and fails to restore
such infringe to the satisfaction of the terminating party within ten (10) business
days after receipt of written notice; or (2) the other Party is not paying their
debts normally as they become due
- Consequences of Termination
Upon termination, each party will immediately (1) return to the other Party all
confidential information belonging to the other party that is in physical form and
(2) obliterate or erase any and all other confidential information of the other
Party that is not in physical form
- Early Termination
In the case of early termination, the client shall reimburse the Company for any
and all costs and expenses incurred by the Company under this Agreement till the
date of termination, including but not limited to, any and all advances made by
the Company to the third parties on behalf of the Client. Client agrees to pay Company
for the work done to date.
IPR
The Client represents to Pixel Solutions unconditionally guarantees that any elements of copy,
images, related graphics, designs, trademarks, third party logos, or other artwork
provided to Pixel Solutions for inclusion in website or web based systems are owned by the
Client, or that the client has permission from the rightful owner to use each of
these elements, and will hold harmless, protect and defend the Company and its subcontractors
from any claim or suit arising from use of such elements furnished by the Client.
System Rights
Copyrights to the finished assembled work of websites and web-based system produced
by the Company, are owned by the Company. Upon successful completion of this contract,
the client is assigned rights to use as a website or web based system, the design,
graphics, and copy contained in the finished assembled system. Rights to images,
graphics, source code, work-up files, and computer programs are specifically not
transferred to the client, and remain the property of their respective owners. Pixel Solutions
retains the right to display graphics and other design or system elements as illustration
of their work in their respective portfolios.
NDA
Pixel Solutions understands the anxiety one would go through before making someone else privy
to the ideas and concepts that have been nurtured and evolved over period of time.
We believe in ethical conduct of business, and consider protecting the vital classified
information received from client and built in to the project sacrosanct. We believe
in providing security and confidentiality at all levels of vulnerability. Pixel Solutions can
provide NDA on request from clients end.
Document & Network Security
We recommend using a VPN connection to transfer data to and from our place. This
ensures the security in transportation of data. We will also make sure that the
network used by a product team is independent of the rest of the computing network
to avoid any internal leakages. All the electronic material is protected by access
level passwords. Even, the printed physical copies of such material are secured
and not allowed out of the facility.
Approval
It will be ensured by the client that all the approvals are done within 2 days of
the delivery of the intermediate deliverables. In the event of not receiving feedback
within two days time, Pixel Solutions would assume that the deliverables are working as per
the client’s satisfaction and would not be entertained at later stage. Pixel Solutions has
a structured and systematic approach towards design and development of a system.
Client approval is integral process in completion of each element of the project.
Such approvals are derived from the clients at regular basis. Change in approved
elements of the system at a later stage may cause modular changes in the design,
which may be charged additionally.
Reimbursement of Dispute
In case of any damage or data loss or any legal dispute will take place during the
course of Application/ Software/ Website development, any kind of loss Eg. Finance
OR brand OR profit of client. Pixel Solutions is not bound to reimburse against the loss incurred
to client.
Change Request
Any changes in the scope, designing or flow of work in not expected during the course
of the project life cycle. If client wish to have any modification or change in
the live project, additional efforts would be considered as a separate project and
billable amount will be charged extra. Any change request is accepted from client
via email or in written. On change request Pixel Solutions do not guaranty project completion
within expected time.
Warranty
Pixel Solutions will provide 15 days warranty for the deployed software/website/application.
The warranty period will commence from the date of delivery of the software to your
organization or when the website or the application is made LIVE on the server.
The warranty will be limited to correction of any bugs or errors detected in the
software. The scope and the terms shall be mutually agreed upon at such time. Any
modifications and additional requirements in the system, not covered in the scope,
will be outside the scope and would be provided at extra charges.
Legal
Company does not certify that the information system functionality or website that
is being developed, will meet the client’s requirements or that the operation of
the system will be uninterrupted or error-free. The entire risk as to the quality
and performance of the system is with Client. In no event will Company be liable
to the Client or any third party for any damages, including any lost profits, lost
savings or other incidental, consequential or special damages arising out of the
operation of or inability to operate this system, even if Company has been advised
of the risk of such damages. If any condition of this agreement shall be void, unlawful,
or for any reason unenforceable, then that condition shall be deemed severable from
this agreement and shall not affect the validity and enforceability of any remaining
provisions.
Choice of Law
The validity, performance and construction of this Agreement shall be governed by
the laws of the Government of Gujarat, India.
Amendments
Pixel Solutions reserves the right to change/amend these terms and conditions at any time.
Customers of Pixel Solutions must have to check privacy statement on the website periodically
to remain aware of any amendments that may be made from time to time. Use of website
or Pixel Solutions product or service constitutes your acceptance of those changes.