





TERMS & CONDITIONS
Terms and Conditions for Pixelz360 Digital Marketing Agency
- Client: Individuals or companies requesting the services of Pixelz360.
- Pixelz360: Employees or affiliates of Pixelz360.
- Initial Payment: The non-refundable advance payment required for the
commencement of any major project, also referred to as the initial deposit or
kickstarter payment. - Recurring Digital Services: Includes services such as WordPress Care Package,
SEO package, and any other ongoing or monthly services provided by Pixelz360.
General
Pixelz360 provides services to clients who are 18 years of age or above. Confirmation
from the client via email, telephone, or mail is essential to formalize an agreement. The
order placed with Pixelz360 must be supported by a written or verbal contract between
Pixelz360 and the client.
Website Design
Pixelz360 ensures that every website design contains scripts and programs that are
free of error. However, Pixelz360 is not responsible if the website breaks down due to
uncertain reasons after submission to the client.
Ownership of Deliverables
Upon receipt of full payment by Pixelz360, all intellectual property rights in the
deliverables (including but not limited to code, designs, and materials) are transferred
fully and unconditionally to the client. No residual license or usage rights are retained by
Pixelz360 unless otherwise agreed in writing.
Any copyright violations caused by the data submitted by the client are not the
responsibility of Pixelz360. Pixelz360 reserves the right to refuse any material that may
breach copyright policies unless authentic verification to use such content is received.
Pixelz360 reserves the right to charge additional fees for required changes, and the
quotation will be provided to the client before commencing any work.
Clients are responsible for ensuring the availability of any material required by Pixelz360
to complete the site within the agreed deadline.
Pixelz360 will not bear any costs incurred to the client for loss of earnings due to
negligence in meeting agreed deadlines.
Pixelz360 will not be part of any dispute between the site owner and their clients.
Pixelz360 will not be liable for any loss incurred due to the work carried out on behalf of
the client or any appointed agent.
Pixelz360 will not be liable for any loss incurred due to the unavailability of any software
or material provided by its agents.
The initial payment is required for the commencement of any major project or as
otherwise agreed.
Once the website has been completed, the final payment must be paid and cleared
before releasing the ownership rights to the client.
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Database, Application & E-Commerce Development
Pixelz360 ensures that every product used is glitch-free and performs effectively. In
case of discrepancies, Pixelz360 does not accept responsibility for the losses incurred
using software created for the clients.
Pixelz360 expects clients to provide the information, additional software, or support
relevant to the server required if the sites are developed on servers not recommended
by Pixelz360. If clients require the development of large applications, they must provide
an adequate testing environment.
Clients are expected to test and try the application or programming site developed by
Pixelz360 before making it live for general use. As mentioned in the brief, Pixelz360
takes responsibility for overcoming any glitches that might arise during the testing
phase to meet the high standard of its functions.
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Compatibility
Pixelz360 ensures the developed site functions correctly on the server it was initially
installed on and across all web and mobile browsers.
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Privacy, Data Protection, and Security Standards
Pixelz360 is committed to complying with the Australian Privacy Act 1988 and the
Australian Privacy Principles (APPs). All personal data collected, stored, or processed
by Pixelz360 on behalf of clients will be handled in accordance with these standards,
including secure data storage, appropriate access controls, and clear procedures for
data deletion or sanitization. If a separate Data Processing Agreement is required, it
may be provided for review alongside the proposal.
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Change Management and Deployment Processes
Pixelz360 maintains robust version control and deployment processes for all digital
assets, including campaigns, creatives, and code. All significant changes are
documented, and client sign-off is required before deployment. Updates are managed in
a controlled manner to ensure traceability and accountability throughout the project
lifecycle.
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Website Hosting
Direct debit will be set up for monthly hosting payments. Pixelz360 reserves the right to
suspend the client’s website if three payment failures occur without any communication
to Pixelz360. Reinstatement will incur a $200 exGST fee.
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Payments of Accounts
Before the commencement of any work, clients are required to pay the initial payment.
All outstanding payments shall be paid in full after the completion of the project.
The initial payment is non-refundable.
Payment must be made within seven days of the invoice date.
Once the initial payment has been made and the project is completed, the client must
make full payment as per the commitment. Clients are contacted via email or telephone
for reminders about any outstanding amounts.
If accounts are not cleared within the set deadlines, Pixelz360 may deny access to the
related website and remove the web pages. Nonpayment may result in strict actions by
the legal departments against the client.
Pixelz360 reserves the right to attempt direct debit on the card details provided by the
client if the invoice is not processed within the given timeframe.
A late fee of 5% will apply if the invoice is delayed for more than 14 days.
After signing the agreement, the initial payment is non-refundable in circumstances
where the client has decided not to proceed, has a change of mind, or is holding the
project for a certain date. The holding period is three months from the signing date,
during which Pixelz360 may use the initial payment as the initial deposit for the project.
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Recurring Digital Services Payment Terms
Clients automatically agree to these terms and conditions if they sign up for one or
more recurring digital services.
Payment must be made in advance to employ recurring digital services.
The minimum initial package term is three months from the payment date.
During the initial three months, packages are offered on a month-to-month basis. The
client may upgrade or downgrade, considering their monthly support needs.
Pixelz360 will contact the client via email or telephone if the client requires a change in
their recurring digital services. The client’s monthly invoices will be updated accordingly.
Payments are required to be consistent to continue with the services.
Payment options include Ezidebit, direct deposit, or credit card.
Emails and telephone calls are used to connect with clients if payments are not
received.
If outstanding accounts are settled within 14 days, Pixelz360 may allow the client to
access the website.
If the client wishes to discontinue recurring digital services, written notice must be
submitted 30 days prior.
Nonpayment may result in a default on the client’s credit score.
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Cancellation of Services
If the client wishes to discontinue the package and move to a new hosting provider,
written notice must be submitted to Pixelz360 30 days prior.
Upon termination of services, Pixelz360 will provide the client with all digital assets
(including code, designs, and materials) in a standard export format. System access will
be removed promptly, and all remaining client data will be securely deleted from
Pixelz360’s infrastructure and tools in accordance with best practices for data security
and privacy. Pixelz360 will not retain copies of client data after offboarding unless
otherwise required by law.
It is the responsibility of the client to ensure that all files are transferred to the new
provider. Pixelz360 takes no responsibility for any discrepancies once the files have
been submitted to the client.
Pixelz360 will only cancel billing upon receiving confirmation from the client that the
website has been moved and updated.
Pixelz360 will verify that the site has been executed correctly before terminating the
client’s account.
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Complaints Procedure
Informal Procedure
Pixelz360 provides clients with an online contact form for anyone experiencing
problems with their web services. Clients are requested to provide sufficient information
and outline the grounds for the complaint. Pixelz360 will endeavor to resolve the matter
as quickly as possible.
Formal Complaint Procedure
This method may be adopted if the client believes that the severity of the problem
cannot be managed by the informal complaint procedure or if a satisfactory outcome
has not been achieved. A formal complaint must be made in writing to Pixelz360. A
response can be expected within seven days of the complaint. However, it may take up
to 30 days for a considered response to the complaint, along with subsequent remedies
to address the issue.
Note:
All previous references to Pixelz360 retaining copyright or ownership of code, scripts, or
applications after full payment have been superseded by the revised Ownership of Deliverables clause.
All other provisions remain as previously set out unless otherwise stated above.