Terms & Conditions

Last Updated: September 25, 2017

**PLEASE READ THIS DOCUMENT CAREFULLY.** 

This is the official Terms of Use document for Kwikpixels website (thereafter “Kwikpixels,” “Website,” “Site,” “we,” “us,” or “our”), which provides website design and development, mobile app development, and digital marketing services (thereafter “Services”). By accessing, browsing or using this Website, you acknowledge that you have read, understand and agree with these Terms of Use. This document (thereafter “Terms”) governs the content, activities and features (such as text, scripts, graphics, information, content, software, and services) related to this Website.

By accessing or using this Website, its content, services and other information, you agree that you are above 18 years of age. You may not access or use the site or services if you are not at least 18 years old. You may use the services on behalf of individuals under 18 only if you are the parent or legal guardian of such individuals. Whether you are a registered user or not, you agree to be bound by the Terms mentioned here. These Terms are the agreement between Kwikpixels and you. If these terms are not acceptable to you, you must immediately terminate your use of the Website. We reserve the right to update, change or modify these Terms at any time, without any prior notice. For this reason, you are advised to read this document carefully before accessing or using the Site, whether or not you are a registered user.

USE OF SERVICES

• Use of Our Website:Kwikpixels website is available for any individual, entity, company or organization looking for our Services. While using the site, you are not permitted to modify or change any part of the website. You will not post any content on our website. You will not fail to deliver payment for the Services requested by you through the website. You will not manipulate our fee structure, the billing process, invoices, or fees owed to Kwikpixels. You will not post spam, bulk electronic communications, distribute viruses or any other technologies on our Site. You will not translate, adapt, edit, or reverse engineer any software programs. You will not copy, modify or distribute trademarks or content from our Website.
• Client Responsibilities & Liabilities:Client is solely responsible for taking backup of all content (text, multimedia, graphics and videos) on their website or mobile app before handing us their project. Any loss or damage to data shall not be a responsibility of Kwikpixels under any circumstances. While we will do our best to achieve all contract deliveries within the estimated time, there may, at times, be the need to extend or adjust time in cases of any unavoidable situations like those of deployment issues, hosting server issues, 3rd-Party support, development bottle-necks, resource unavailability due to emergency, communication delays and alike. We will not accept responsibility for any alterations caused by the Client or a third party occurring to the your website or mobile app once installed/deployed. Such alterations include, but are not limited to additions, modifications or deletions. We may require a one-off web development and mobile app development charge before resolving any issues that may arise.
• Payment Terms:Kwikpixels accepts payments by Paypal or credit card (although we reserve the right to decline payment in any of these forms without notice). Without limitation, we reserve the right to withdraw any payment methods at any time and to vary its prices without prior notice. A cancellation fee may be charged if the customer cancels the Service prior to completion. The fee will be equal to the amount of work completed at the point of cancellation. A non-payment of cancellation fee and/or over-due amount will result in legal action upon necessity.

A project involves various stages and the work for the next stage will only start after receiving the relevant payments for the previous stage as agreed. On completion of the Service, the website/mobile app will be uploaded to the customer area of server for approval. Upon approval by the client, the website will be uploaded to the destination server where the site shall stay. Kwikpixels reserves the right to delay uploading of the website or your mobile app until full payment has been received. All code and material developed will be transferred post completion of project and after sign offs. The code ownership will reside with the client after final payments.

• Limitations of Liability:Kwikpixels will use reasonable skill and care in providing the Services. However, we make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Service.

We hereby excludes ourselves, our employees and/or agents from all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the website, mobile application, software application or for delivering digital marketing services. In no event, we shall be held liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.

We cannot make guarantee of Service on behalf of third party organizations and will not be held liable for the failure in any service provided by third parties.

• Service Requests/Delivery:This Terms Agreement gives you the right to request our Services through the Website by filling out our Contact Form with your details and queries. Our business consultant or salesperson will contact to solve your queries and for follow-ups on your given contact details. When finalizing any service, do review our proposal for particular service. You must pay the fee to Kwikpixels as set out for each service.
• Project/Service Delivery:We offer free support for the first month of website or mobile app launch. After one month of free service, we charge according to our various price packages best-suited to client’s requirement. The scope of support only includes any bug fixing and email support and excludes any issues related to the site architecture, rule changes and add-ons/enhancements.

Any Third-Party support, product and/or service being used/integrated into the site which requires licensing, payment, copyright, etc. shall be the sole responsibility and liability of and be provided by the client or will be procured by Kwikpixels on behalf of the client on pre-payment for the cost of such procurement.

All code and website/app developed will be transferred post completion of project and after sign offs. The code ownership will reside with the client after final payments. We reserve the right to publish and use the completed work for references to other potential clients. In circumstances such is required to be withheld, client shall notify Kwikpixels well in advance and request prior and proper approvals towards the same. We may need to extend any timesline due to circumstances beyond our control. We may need to extend any timescales due to circumstances beyond its control.

We try our best to cover up to three changes within the budget of the contract, some changes are classified as enhancements/add-ons to the project and become chargeable; we will advise you before we start work of any such items. Any re-work or change requested by the client post approval and/or furthering to the subsequent stage of project process shall be treated as add-on work and be additionally billed. The client must pay the fee without any deductions and discounts by the agreed due dates.

• Cancellation Policy:We reserve the right to charge you cancellation fee if you cancel the Service prior its completion. The cancellation amount will be equal to the work completed at the time of cancellation. A non-payment of cancellation fee will result in legal action upon necessity.
• Limited License:Kwikpixels grants you a limited, non-exclusive license to access and use our Website. Please note that you may not frame or utilize any technique to enclose the Website or any portion thereof, without the prior written consent of. The limited license granted herein does not include the right to: (i) download, change or modify the Website or its content; (ii) make any use of the Website or its content other than for personal use; (iii) create any derivative work based upon either the Website or its content; or (iv) use our software or take any other action that may impose an unreasonable load on our infrastructure. We may terminate the limited license set forth herein without any prior notice if we find any unauthorized use by you of the Website. We may also take legal action to prevent violation of this provision and to enforce these Terms.
• Intellectual Property:The content of the Website including, which is not just limited to, text, graphics, logos, button icons, images, software, and other material (the “content”) is the property of Kwikpixels and is protected by local and international copyright laws. Any content of the Website may not be reproduced, copied, distributed, used, sold, modified, or otherwise exploited without the prior written permission of Kwikpixels. All trademarks that are owned by Kwikpixels and appear on the Website are our intellectual property.
• Website Disclaimer:The information contained in this website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event, we shall be held liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Every effort is made to keep the website up and running smoothly. Kwikpixels takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

• Third Party Content:We occasionally provide advertisements or links to third party websites on our Site. However, we do not evaluate third party content or have the responsibility for their actions. When clicking to third party links or using their website, you must review the terms and conditions and privacy policies of third parties. You are not permitted to directly link any image, video or content available on our website in any manner. We reserve the right to remove or revoke your right to link content if you breach our policy after notifying you about this. In case you want to reproduce or otherwise use trademarks of others, we advise you to contact the rights holder before using them. It will be your own responsibility to check the right owner of the content & trademark and also validate the rights permission taken by you.
• User Warranty and Indemnification:By using or browsing this Website, you warrant that your use will be consistent with these Terms. You agree to indemnify Kwikpixels from all claims, losses, damages, judgments, and liabilities arising from or relating to your content or your use of the Website. You agree to release us (employees, subsidiaries, agents, and officers) from any kind of claims, damages, and demands arising due to any dispute with third party or your actions.
• Privacy Policy and No Warranty:We will use the information provided by you during registration, use or access of our Website in accordance with our Privacy Policy. For more information, please read our Privacy Policy. All the information, texts, graphics and images used on this Website are provided on ‘as available’ basis and without any warranties of any kind. We do not warranty the reliability, veracity or accuracy of Website content, information or communication materials. They could be considered misleading or deceptively labeled by third party.
• Miscellaneous:We will not be held responsible for any loss or damage in connection with your usage of our Services. If you’re dissatisfied with our Website or Services, you can discontinue using or accessing our Website any time. All the terms and conditions mentioned here are governed by state and federal laws. These terms and conditions are an agreement between you and Kwikpixels, by accepting them you agree that any action that may arise under the Terms of Use shall be heard in the appropriate court. We may terminate any of the rights granted by these Terms of Use. You shall comply with any termination notice by ceasing to use our Website. We are under no obligation to review any information, content, messages or communication material sent to/through the Website by users and assumes no responsibility or liability relating to any such messages, information or content.
• Changes to Terms of Use:We reserve the right to add, change, modify, or delete any portion or full of these Terms at any time, with or without your prior notice. It is recommend to read these Terms from time to time for any changes. Your continued use of our website or services means that you accept the new updated Terms.
• How To Contact Us:If you have any queries or feedback for our Website or Services, you can contact us at: +918882269611 and email us at: [email protected].