G’day and welcome to Pixite’s Terms of Service. We’re chuffed you’re here, and we’re keen to kick off this digital journey with you. Before we dive into the world of pixels and conversions, let’s sort out the important details that’ll ensure our partnership is successful, transparent, and dare we say, enjoyable.
1. Introduction
Welcome to Pixite Pty Ltd (ABN: 27 676 999 269) (“we”, “us”, or “our”). By using our website and services, you’re agreeing to these Terms of Service (“Terms”). We reckon you should read through this document – it’s the roadmap for our working relationship and sets clear expectations for both parties. Grab your favourite beverage, get comfy, and let’s get into it.
2. Services
At Pixite, we’re passionate about driving your business growth through expert digital marketing. Our services include, but aren’t limited to, web design, SEO, social media marketing, Google Ads management, and branding. We’re committed to delivering high-quality, innovative solutions tailored to your unique needs.
While we’ll work tirelessly to achieve great results, it’s important to understand that digital marketing isn’t an exact science. Results can vary, and we can’t guarantee specific outcomes. Google changes its algorithm more often than most of us change our socks, and while we stay on top of our training and keep up to date, no agency can guarantee results. What we can guarantee is that we’ll work our socks off for your success.
Think of us as your digital marketing allies, always ready to adapt and optimise for your success.
3. User Responsibilities
As a valued client, we ask that you:
- Provide accurate and complete information
- Use our services for lawful purposes only
- Protect your account details (no sharing passwords, please!)
- Engage with us openly and honestly
Remember, great partnerships are built on trust and communication. Let’s keep the lines open and the conversation flowing.
4. Respectful Communication and Conduct
At Pixite, we believe in creating a positive and inclusive environment for all. We don’t tolerate rudeness, abuse, yelling, screaming, or any form of discriminatory behaviour including but not limited to transphobic, misogynistic, or racist communication. Such behaviour may result in immediate termination of our services. We’re here to grow together, and that means treating each other with respect and dignity. Let’s keep our interactions as pleasant as a perfect flat white, shall we?
5. Following Recommendations and Maintaining Campaign Integrity
When you partner with Pixite, you’re tapping into our expertise and experience. We kindly ask that you:
- Follow our recommendations to the best of your ability
- Stay on script with agreed-upon marketing strategies
- Avoid undermining your own marketing efforts through micro-management or unauthorised changes
- Respond to our communications within 2 business days to maintain project timelines
We understand you know your business best, but remember, we know marketing best. Making changes without consulting us can be like trying to repaint the Mona Lisa – it might not end well. If you have concerns or ideas, let’s chat about them. We’re always open to collaboration that enhances, rather than hinders, your marketing success.
Timely communication is key to keeping your project on track. When we reach out, it’s important – so please get back to us within 2 business days. Think of it as a digital relay race; we need you to grab the baton when we pass it to keep the momentum going!
6. Website Development and Hosting
For website development projects, we’ve got a special clause to ensure everything runs smoothly:
- All websites developed by Pixite must be hosted with us for the duration of our website warranty period, which is 3 months from the date of site launch.
- This hosting requirement allows us to provide comprehensive support, maintain security, and quickly address any issues that may arise during the warranty period.
- After the 3-month warranty period, you’re free to move your hosting if you wish (though we hope you’ll love our hosting so much you’ll want to stay!).
Think of it as a 3-month honeymoon period where we take care of everything while you settle into your new digital home.
7. Revisions and Additional Costs
We want to ensure you’re thrilled with our work, but we also need to keep things moving. Here’s how we handle revisions:
- All creatives come with 1 revision included in the initial cost.
- Any additional revisions beyond this will incur extra charges.
Think of it like ordering a coffee – we’ll happily add an extra shot once, but if you want to change from a latte to a long black, that’s a whole new order (and a new bill).
8. Intellectual Property
We value creativity and innovation, and we know you do too. Here’s how we handle intellectual property:
- We retain ownership of our pre-existing IP.
- You retain ownership of your pre-existing IP.
- For new materials we create for you, we retain ownership of the intellectual property. However, upon full payment, we grant you a perpetual, non-exclusive licence to use these materials for the purposes outlined in our agreement.
- This licence is for your use only and cannot be transferred or sublicensed without our written permission.
- We reserve the right to use and repurpose general concepts, layouts, and designs (but not your specific content or branding) for other projects.
In essence, we’ve created these materials, so we retain ownership, but you have full rights to use them for your business once payment is complete. If full ownership of the IP is important to you, we’re happy to discuss options – it may involve additional costs, but for some businesses, it’s a worthwhile investment.
9. Payment Terms
Let’s talk about the not-so-fun (but very necessary) part – payments. Here’s the deal:
- Payment terms are as specified in your proposal or contract
- Invoices are due within 7 days of the invoice date, unless we’ve agreed otherwise
- Late payments may incur fees (and make our accountant very grumpy)
We believe in transparent pricing and fair compensation for quality work. It’s how we keep the lights on and continue delivering excellent services to you.
10. Refund Policy
We believe in transparency, so let’s talk refunds. Here’s when refunds are not applicable:
- The project has already kicked off
- You’ve gone radio silent for over two weeks
- You’ve given the thumbs up to the primary design prototype
- You’ve had a change of heart or there’s a disagreement among your decision-makers
- The cancellation is due to reasons unrelated to the project
- Your business is closing or changing names
- For service packages, only the specific service in question may be eligible for a refund, not the entire package
- If you cancel before we’ve started, but for reasons unrelated to our service, there’s a 15% administrative fee
We’re not trying to be difficult – we just need to cover our costs and time. If you have concerns, let’s chat about them before they become big issues.
11. Australian Consumer Law
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
We’re committed to upholding your rights as a consumer while providing exceptional service.
12. Limitation of Liability
While we strive for perfection, we’re human (well, most of us – our coffee machine might be AI). To the extent permitted by law, we limit our liability for breach of any implied warranty or condition to:
- The resupply of the services, or
- The payment of the cost of resupplying the services
Our total liability is capped at the amount you’ve paid us, except where such limitations are prohibited by Australian Consumer Law.
13. Termination
We hope our relationship will be long and fruitful, but we understand that sometimes things change. Either party can end the agreement with 30 days’ written notice. We reserve the right to terminate immediately if you breach these Terms. No refunds will be provided for services already rendered, subject to your rights under Australian Consumer Law.
14. Privacy
Your privacy matters to us. We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. For the full scoop on how we handle your data, check out our separate Privacy Policy. We treat your information with the same care we’d want for our own.
15. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any disputes will be handled in the courts of NSW. Let’s hope it never comes to that – we prefer to solve things over a friendly chat.
16. Changes to Terms
We might update these Terms from time to time to reflect changes in our services or legal requirements. We’ll let you know about any significant changes, but it’s a good idea to check back occasionally. Think of it as a digital health check-up.
17. GST
All amounts payable under this agreement are exclusive of GST unless stated otherwise. If GST is payable on any supply made under this agreement, the recipient will pay to the supplier an amount equal to the GST payable on the supply at the same time as the consideration for the supply is to be provided.
18. People First: We’re Human, Just Like You
At Pixite, we’re people first and digital marketers second. We understand that behind every project, there are real people with real concerns and challenges. We encourage open, honest, and confidential communication. If something’s on your mind, speak with us in confidence. We’re here to listen, understand, and find solutions together.
Remember, we’re not just pixels on a screen – we’re a team of humans dedicated to your success. Let’s keep our relationship personal, professional, and productive.
19. Force Majeure
Sometimes, life throws us a curveball. If either of us can’t fulfil our obligations due to events beyond our control (think natural disasters, pandemics, zombie apocalypse – you know, the usual), we won’t be held responsible. We’ll do our best to keep you informed and get back on track as soon as possible.
20. Confidentiality
What happens in Pixite, stays in Pixite. We’ll keep your information confidential, and we ask that you do the same for any inside info you learn about us. Let’s keep the secrets between us, like best mates sharing a pack of Tim Tams.
21. Portfolio Rights
We’re proud of the work we do for you, and we’d love to show it off (just a bit). Unless you tell us otherwise in writing, you’re giving us permission to use and display the work we create for you in our portfolio, case studies, and other promotional materials. Don’t worry, we won’t spill any of your secret sauce – we’ll only use publicly available information. Think of it as your business making a cameo in our highlight reel!
22. Third-Party Services
Sometimes we might need to call in reinforcements (third-party services or tools) to get the job done. We’ll always let you know if we’re using any third-party services, and any terms associated with them will apply to you too. It’s like bringing a mate to a party – you’ve got to be cool with their presence and their quirks.
23. Content Responsibilities
You’re responsible for providing us with the content we need to complete your project, unless we’ve agreed otherwise. This includes text, images, and any other materials. We’re wizards, but we can’t conjure content out of thin air (though we’d love that superpower). If we’re waiting on you for content, it might delay the project, and additional fees could apply.
24. Performance and Uptime
For our hosting services, we strive for 99.9% uptime. However, sometimes the internet gremlins have other ideas. We’ll always do our best to keep your site up and running smoothly, but we can’t guarantee perfection. We’ll communicate any issues or scheduled maintenance as promptly as possible.
25. Dispute Resolution
If a disagreement pops up, let’s sort it out over a virtual coffee before things get heated. We believe in open communication and finding solutions together. If we can’t resolve things ourselves, we’ll look into mediation before considering any legal action. Let’s keep things friendly – we’re all here to create awesome digital experiences, after all.
26. Indemnification
You agree to protect us from any legal issues that might arise from content you provide or instructions you give. We’re partners in this digital adventure, but we can’t be held responsible for your content or business practices.
27. Project Delays
We’ll do our best to stick to agreed timelines, but sometimes delays happen. If we’re waiting on you for information or feedback, it might push back the project timeline. Similarly, if we’re running behind, we’ll let you know as soon as possible. Communication is key – let’s keep each other in the loop to avoid any nasty surprises.
28. Acceptance of Work
We’ll consider a project complete when you’ve given us the thumbs up on the final deliverables. If we don’t hear back from you within 14 days of delivering the final product, we’ll assume you’re happy with it and consider it accepted. So, make sure to speak up if something’s not quite right!
29. Subcontracting
While we don’t white-label our services, we may sometimes use subcontractors to help us deliver the best possible results. Rest assured, any subcontractors we use will go through our rigorous internal checks and quality control processes. They’ll be held to the same high standards we set for ourselves. Think of it as us bringing in specialist players to strengthen our already stellar team.
30. Severability
If any part of this agreement turns out to be invalid or unenforceable, the rest of it will still stand. It’s like a game of Jenga – even if one piece is removed, the tower stays strong.
31. Contact Us
Got questions? Concerns? Just want to chat? We’re all ears. Reach out to us at [email protected]. We’re always happy to clarify, explain, or even debate the merits of different font choices (but maybe not Comic Sans).
By using Pixite’s services, you’re agreeing to these Terms. If you’re not on board, no hard feelings – but we’ll have to part ways. If you’re ready to roll, let’s get cracking on making your business shine online!
Last updated: 20th August 2024