• 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.

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.

Compatibility

Pixelz360 ensures the developed site functions correctly on the server it was initially installed on and across all web and mobile browsers.

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.

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.

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.

Staging Hosting Notice

Where a staging website is deployed on our hosting server, hosting fees will apply if the staging environment remains active for more than 30 days. This applies regardless of whether the Client intends to host the live website with us. Until the website is deployed to its final live hosting environment, it is considered hosted on our server and subject to applicable hosting charges.

Payments of Accounts

• Before the commencement of any work, clients are required to pay the initial payment.
• For service packages that include a minimum term, the minimum months selected begin from the date the service payment is made, not from the date the agreement is signed.
• 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.
• Non payment 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.

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.

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.

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.

Remediation-first

Where the Client identifies a defect in the deliverables, the Client’s sole and exclusive remedy is for Pixelz360 to rectify the defect within a reasonable period. The Client must promptly notify Pixelz360 in writing and provide all access reasonably required to investigate and rectify the issue. The Client agrees not to engage a third party to rectify a defect, or to claim the cost of doing so, without first giving Pixelz360 a reasonable opportunity to remedy it.

Limitation of Liability

To the maximum extent permitted by law, the total aggregate liability of Pixelz360 to the Client arising out of or in connection with this agreement, whether in contract, tort (including negligence), under statute or otherwise, shall not exceed the total fees actually paid by the Client to Pixelz360 for the specific service giving rise to the claim in the three (3) months immediately preceding the event giving rise to the claim.

To the maximum extent permitted by law, Pixelz360 will not be liable to the Client for any indirect, incidental, special or consequential loss or damage, including but not limited to loss of profits, loss of revenue, loss of anticipated savings, loss of business, loss of goodwill, or loss or corruption of data, however arising, whether or not Pixelz360 was advised of the possibility of such loss.

Nothing in this agreement excludes, restricts or modifies any guarantee, right or remedy conferred on the Client by the Australian Consumer Law or any other law that cannot lawfully be excluded. Where Pixelz360’s liability for a failure to comply with a consumer guarantee cannot be excluded but can be limited, Pixelz360’s liability is limited, at its option, to the resupply of the relevant services or the payment of the cost of having the services resupplied.

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.