Website & UI/UX Design Services Terms & Conditions

These Terms and Conditions (“Agreement”) govern the contractual relationship between

Pixite Web

(the “Agency” or “Pixite Web” or “Pixite”) and the client (the “Client”) engaging the Agency for design and development services. By accepting a Proposal, Statement of Work (SOW), or placing an order with the Agency, the Client agrees to be bound by these terms.

1. Definitions and Scope of Services

1.1. Services: The Agency provides professional design and development services, including:

• Web Development: Implementation, coding, and deployment of websites, primarily utilizing platforms like WordPress and development tools such as Elementor. This service includes optional hosting and domain activation based on the agreed plan. SEO services are not offered, and Pixite does not guarantee search engine ranking results.

• UI/UX Design: User Interface (UI) and User Experience (UX) design services, including wireframing, prototyping, and high-fidelity design deliverables created in tools such as Figma, Sketch, or Adobe XD.

1.2. Deliverables: The specific outputs, whether coded websites, design files (e.g., Figma files), or documentation, will be explicitly detailed in the accompanying Proposal or Statement of Work (SOW).

2. Client Responsibilities, Project Data, and Content

2.1. Provision of Data and Content (Mandatory Prerequisite): The Client is required to provide all necessary project data, content, text, images, branding guidelines, and functional requirements (collectively, “Project Data”) before the Agency can commence work. The agreed-upon quotation and timeline are based entirely on the assumption that this complete and final Project Data is received upfront. The Client is solely responsible for providing all website content. Pixite may use filler content if necessary to maintain the project flow, but the Client must replace this before delivery.

2.2. Data Completeness and Accuracy: The Client is solely responsible for the accuracy, legality, and licensing of all Project Data provided to the Agency.

2.3. Change in Project Data and Scope:

• If, after the project commencement, the Client requests changes to the initial Project Data or functional requirements that necessitate a significant alteration in the design or development scope, the Agency reserves the right to treat this as a Change Request.

• This Change Request will be documented and may require an adjustment to the original quotation, resulting in an increase or decrease in the project price and/or an extension of the project timeline. No additional work arising from a Change Request will commence until a revised SOW or written approval of the cost adjustment is provided by the Client.

3. Revisions and Acceptance

3.1. Revision Allocation: The number of allowed rounds of revision for each design phase (e.g., Wireframes, High-Fidelity Mockups) or development phase will be expressly defined in the individual Proposal PDF provided to the Client for that specific project. Once the design is finalized, no further revisions will be accepted.

3.2. Out-of-Scope Revisions: Any requests for revisions beyond the number specified in the Proposal PDF, or any changes requested post-design finalization, will be treated as a Change Request, requiring a revised estimate and potential adjustment to the total project cost. Pixite reserves the right to determine the cost of any extra changes requested.

3.3. Acceptance: Upon delivery of the final Deliverables (design files, code, etc.), the Client shall have seven (7) business days to review and provide final acceptance in writing. If no written rejection or request for revisions is received within this period, the Deliverables will be deemed automatically accepted, and the final invoice will be issued.

4. Project Timelines, Delays, and Suspension

4.1. Project Start Date: The project timeline officially begins upon the later of (a) the execution of this Agreement or acceptance of the Proposal, and (b) the receipt of the initial deposit payment and all required Project Data from the Client. Pixite provides an estimated timeline for project completion but does not guarantee delivery within a specified period.

4.2. Project Suspension due to Client Inaction: If the project is halted or significantly delayed due to the Client’s failure to provide timely approvals, feedback, or content for a period exceeding thirty (30) consecutive days, the Agency reserves the right to suspend the project immediately. Any delays caused by the Client (e.g., in providing content or approvals) will automatically extend the delivery timeframe. Upon suspension, the Agency will invoice the Client for all work completed up to that date, and the project will not resume until the invoice is paid and a new, mutually agreed-upon timeline (and potential restart fee) is established.

5. Fees, Payment, and Termination

5.1. Fees: All fees for the Services will be clearly outlined in the Proposal provided to the Client.

5.2. Payment Schedule and Non-Refundable Deposit: 50% of the total cost must be paid upfront before the project starts. The remaining 50% is payable upon project completion but before delivery. Payments made are non-refundable. If the Client cancels the project after paying the initial 50% deposit, Pixite will retain the entire amount paid.

5.3. Intellectual Property Transfer: Full transfer of the Intellectual Property (IP) rights and final, editable Deliverables will occur only after all outstanding invoices are paid in full.

5.4. Client-Requested Cancellation: If the Client cancels the project after acceptance, the Client agrees to pay the Agency for all work completed up to the date of written cancellation, calculated at the Agency’s standard hourly rate or a pro-rated portion of the fixed fee, whichever is greater, plus any expenses incurred. The initial deposit is non-refundable.

5.5. Termination for Non-Payment and Non-Response (Client Default):

• Payment Default: If the Client delays the final payment, Pixite reserves the right to delete the website after issuing two (2) reminders (spanning 2 days). Reactivation or retrieval of a deleted website will be subject to additional charges as determined by Pixite.

• General Client Default: The Client shall be considered in Client Default if any invoice is more than ten (10) business days past its due date AND the Client fails to respond to communication attempts (email, phone, etc.) from the Agency over a period of ten (10) consecutive business days regarding the outstanding payment or project status.

• Consequences of Termination due to Default: In the event of Client Default, Pixite reserves the right to immediately terminate the entire project agreement without further notice. The Client forfeits all payments made to date, and Pixite shall be entitled to permanently delete and discard all work-in-progress files (including, but not limited to, Figma files, code, and project assets). The Client receives no deliverables and has no rights to the incomplete work.

6. Hosting, Domain, and Storage

6.1. Commencement and Period: Hosting and domain activation commence with the start of the development process. Development time is included in the hosting and domain subscription period. Example: For a 1-year hosting plan, if development takes 1 month, the website will remain active for 11 months post-delivery.

6.2. Renewal: Upon expiration of the hosting/domain period, the Client must renew by paying the applicable fees; otherwise, the service will be discontinued.

6.3. Storage Limit: Every Website we develop will receive 2GB SSD storage, including the website size itself. Any usage beyond this limit will require the deletion or clearance of old data to fit within the 2GB total storage.

6.4. Access Control: While the Client owns the content and design (per Section 8.2), hosting remains under Pixite’s control. Pixite will assign administrative or editor access to the Client after project delivery. Full ownership or transfer of the underlying hosting platform will not be granted or transferred.

7. Maintenance and Support

7.1. Maintenance: Maintenance services are not included in the development plan and are available as a paid add-on. Post-delivery, the Client is responsible for website management.

7.2. Support Policy:

• Free Support: Pixite provides free post-delivery support for seven (7) days for glitches or bugs directly caused by the Agency’s development work.

• Chargeable Support: Issues beyond the 7-day free support period, or issues caused by the Client (e.g., editing code, breaking plugins) or by third-party services, are subject to a chargeable fee to resolve the problem.

8. Intellectual Property

8.1. Client IP: The Client warrants that all Project Data provided to the Agency does not infringe upon the intellectual property rights of any third party. The Client agrees to indemnify the Agency against any claims arising from the use of the Project Data.

8.2. Agency IP: Upon final payment of all invoices, the Agency grants the Client a worldwide, perpetual, and transferable license to use the final Deliverables, including the UI/UX design files and website code, for the intended purpose of the project. The Client owns the website content and design.

8.3. Retention of Rights: The Agency retains the right to use and display the completed project and design work in its portfolio, marketing materials, and case studies. The Agency also retains IP rights to any proprietary tools, workflow processes, or pre-existing code/design elements used to execute the project.

9. Limitation of Liability and Indemnification

9.1. Third-Party Services: Pixite uses third-party services for hosting, domains, and other functionalities. Any disruptions or changes in rates by these providers may affect the Client’s service costs. Pixite is not responsible for any interruptions, downtime, data loss, or hacking caused by third-party services.

9.2. General Limitation of Liability: The Agency shall not be liable for any indirect, incidental, or consequential damages, including loss of profit or data, arising out of the performance of this Agreement, even if the Agency has been advised of the possibility of such damages. Pixite is specifically not liable for: Data loss, hacking, or website downtime. The Agency’s total liability under this Agreement shall not exceed the total fees paid by the Client to the Agency for the specific project in question.

9.3. Client Responsibility Post-Delivery: The Client is responsible for securing and managing the website post-delivery.

9.4. Indemnification: The Client agrees to indemnify, defend, and hold harmless the Agency from any and all claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from the Client’s breach of any warranty, representation, or obligation under this Agreement.

10. Confidentiality

10.1. Confidentiality: Pixite will keep all Client information and project details confidential and will not disclose them to third parties unless their service is needed (e.g., sharing a brief for a third-party contractor or service integration).

11. Governing Law

11.1. Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of Maharashtra, India, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in Pixite Web. By proceeding with the proposed project, the Client acknowledges and accepts these Terms and Conditions.