Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to pixelkraft.net and your engagement with PixelKraft LLC (“PixelKraft,” “Company,” “we,” “our,” or “us”) for web design, development, SEO, marketing, automation, consulting, and related digital services (collectively, the “Services”).

By accessing our website, submitting a form, or engaging our Services, you (“Client,” “you,” or “your”) agree to these Terms. If you are entering into an agreement on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use our website or Services.

1. Services overview

PixelKraft provides custom digital services including website design and development, application builds, SEO programs, marketing support, automation, hosting guidance, and related consulting. Unless expressly stated in writing:

• Services are scoped per proposal, SOW, or package description
• Timelines are estimates, not guarantees, and depend on client responsiveness and third-party dependencies
• We may use subcontractors, employees, and tools to deliver work, subject to confidentiality obligations
• We reserve the right to decline or discontinue Services for any lawful reason

2. Eligibility and account access

You must be at least 18 years old and capable of forming a binding contract. You are responsible for maintaining the confidentiality of credentials we issue for staging sites, CMS access, or client portals, and for all activity under those credentials.

3. Client responsibilities

You agree to:

• Provide accurate, complete information during scoping and delivery
• Supply content, assets, brand materials, and approvals in a timely manner
• Ensure you have rights to all materials you provide (text, images, logos, video, data)
• Obtain licenses for fonts, stock media, plugins, and third-party tools you request
• Designate a single point of contact with authority to approve scope, designs, and invoices
• Review deliverables promptly and report issues within agreed review windows
• Maintain backups of any content you provide unless we expressly agree to host backups

PixelKraft is not liable for delays, defects, or legal claims arising from materials, instructions, or delays attributable to you or third parties you designate.

4. Scope, revisions, and change orders

Each project includes a defined scope. Requests outside that scope require a change order with adjusted fees and timeline. Unless otherwise specified in writing:

• Revisions are limited to the rounds stated in your proposal or SOW
• Additional revision rounds, new pages, features, or integrations are billable
• Pausing a project for more than 30 days without written agreement may incur remobilization fees

We may suspend work on overdue accounts until balances are current.

5. Fees, payment, and taxes

Unless stated otherwise in your proposal:

• Deposits and milestone payments are due as invoiced
• Invoices are due Net 14 from the invoice date
• Late payments may incur interest at the lesser of 1.5% per month or the maximum rate permitted by law, plus collection costs
• You are responsible for applicable sales, use, VAT, or similar taxes unless we are required to collect them
• All fees are quoted in U.S. dollars unless otherwise specified

Our Refund Policy governs refund eligibility and is incorporated by reference.

6. Intellectual property

6.1 PixelKraft materials

Until full payment of all amounts due, PixelKraft retains all right, title, and interest in designs, code, layouts, frameworks, tools, methodologies, and pre-existing intellectual property used to create deliverables.

6.2 Client license upon payment

Upon full and final payment, Client receives a non-exclusive, non-transferable, perpetual license to use the final deliverables for Client’s internal business purposes, subject to third-party license terms embedded in the deliverables.

6.3 Work-for-hire and transfer

If a signed SOW expressly designates specific deliverables as “work made for hire,” ownership transfers upon full payment as stated in that SOW. Otherwise, no ownership transfer occurs beyond the license above.

6.4 Portfolio and attribution

Unless otherwise agreed in writing, PixelKraft may display completed work in our portfolio, case studies, proposals, and marketing materials. We may include a discreet footer credit (e.g., “Website by PixelKraft”) on sites we build. Removal requests may be accommodated; a reasonable fee may apply based on project scope.

6.5 Client materials

You retain ownership of materials you provide. You grant PixelKraft a limited license to use those materials solely to perform the Services.

7. Third-party tools and services

Projects may incorporate third-party themes, plugins, APIs, fonts, stock assets, hosting, analytics, payment gateways, or SaaS platforms. These remain subject to their respective licenses and terms. PixelKraft is not responsible for price changes, outages, policy changes, or discontinuation of third-party services.

You are responsible for ongoing third-party fees (hosting, domains, licenses, API usage) unless explicitly included in your SOW.

8. Confidentiality

Each party agrees to protect the other’s non-public business, technical, and financial information with reasonable care and to use it only for performing obligations under these Terms. Confidentiality does not apply to information that is public, independently developed, or lawfully received from a third party without restriction.

9. No exclusivity

Unless expressly stated in a signed agreement, PixelKraft may serve other clients, including competitors in the same industry. We do not guarantee exclusivity of layouts, frameworks, or approaches derived from common industry practices, templates, or open-source components.

10. Disclaimers

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, PIXELKRAFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE.

We do not warrant uninterrupted or error-free operation, specific search rankings, traffic levels, revenue outcomes, or compatibility with every device, browser, or third-party platform.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• PIXELKRAFT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION
• OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO PIXELKRAFT FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR ONE HUNDRED U.S. DOLLARS ($100) IF NO FEES WERE PAID

These limits apply regardless of the theory of liability and even if we were advised of the possibility of such damages. Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless PixelKraft, its members, employees, contractors, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

• Content, data, or materials you provide
• Your breach of these Terms or applicable law
• Alleged infringement of third-party rights by materials you supplied or directed us to use
• Your use of deliverables outside the scope of the granted license
• Disputes between you and your customers, users, or employees

13. Termination

Either party may terminate an engagement as provided in the applicable SOW or proposal. PixelKraft may suspend or terminate access to our website or Services immediately if you breach these Terms, fail to pay amounts due, or engage in abusive or unlawful conduct.

Upon termination:

• All unpaid fees for work performed through the termination date become immediately due
• Sections intended to survive (payment, IP, confidentiality, disclaimers, liability limits, indemnification, governing law) remain in effect
• We may deliver work-in-progress in its current state; no refund applies for completed milestones (see Refund Policy)

14. Force majeure

Neither party is liable for delay or failure to perform due to events beyond reasonable control, including natural disasters, war, labor disputes, internet or utility failures, government actions, pandemics, or third-party platform outages. The affected party will notify the other and resume performance when reasonably possible.

15. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. You agree that exclusive jurisdiction and venue for disputes arising under these Terms lie in the state and federal courts located in Collin County, Texas, and you consent to personal jurisdiction there.

Before filing suit, the parties agree to attempt good-faith resolution by contacting support@pixelkraft.net and allowing 30 days for negotiation.

16. General provisions

• Entire agreement: These Terms, together with applicable SOWs and policies linked herein, constitute the entire agreement regarding website use and general Services engagement
• Severability: If any provision is unenforceable, the remainder stays in effect
• Waiver: Failure to enforce a provision is not a waiver of future enforcement
• Assignment: You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets
• Notices: Legal notices to PixelKraft must be sent to support@pixelkraft.net

17. Changes to these Terms

We may modify these Terms at any time by posting an updated version on this page. Material changes take effect upon posting unless otherwise stated. Continued use of our website or Services after changes constitutes acceptance.

18. Contact

PixelKraft LLC
Dallas, Texas, United States
Email: support@pixelkraft.net
Phone: +1 (469) 333-3007

Related: Privacy Policy · Refund Policy · Legal hub