Terms of Service

1. Acceptance of Terms

By accessing and using this website, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service. These terms shall apply to all visitors, users, and others who access or use the service.

We reserve the right to update and change the Terms of Service by posting updates and changes to our website. You can check at any time on this page for current Terms. Continued use of the site after such modifications constitutes acceptance of the updated Terms of Service.

2. Description of Service

pixelwavey provides digital design, web development, and creative services to businesses and individuals. Our service includes but is not limited to:

• Web design and development services
• Brand identity and graphic design
• Digital marketing solutions
• Consultation services for digital strategy
• Ongoing maintenance and support

We strive to provide high-quality services while maintaining the integrity and functionality of our platform. We reserve the right to modify, suspend, or discontinue any aspect of the service at any time.

3. User Accounts and Registration

To access certain features of our service, you may be required to create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Providing accurate and complete information during registration
• Updating your account information to keep it current

You must notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate accounts that we believe have been compromised or are being used inappropriately.

4. Acceptable Use Policy

You agree not to use the service to:

• Violate any applicable laws or regulations
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others
• Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• Submit false or misleading information
• Upload or transmit viruses, malware, or any other type of malicious code
• Spam, phish, pharm, pretext, spider, crawl, or scrape
• Interfere with or disrupt the service or servers or networks connected to the service
• Attempt to gain unauthorized access to any portion of the service

We reserve the right to terminate your use of the service for violating any of the prohibited uses.

5. Intellectual Property Rights

The service and its original content, features, and functionality are and will remain the exclusive property of pixelwavey and its licensors. The service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

For our design and development services:

• Upon full payment, clients receive full ownership rights to custom-created designs and code
• We retain rights to general methodologies, frameworks, and techniques used in our work
• Third-party assets (stock photos, fonts, plugins) may have separate licensing requirements
• We may showcase completed work in our portfolio unless otherwise agreed in writing

You retain all rights to content you provide to us for the purpose of creating your website or designs.

6. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the service, to understand our practices regarding the collection, use, and disclosure of your personal information.

We implement appropriate security measures to protect your information, including:

• Encrypted data transmission and storage
• Regular security audits and updates
• Limited access to personal information on a need-to-know basis
• Secure data disposal practices

By using our service, you consent to the collection and use of information in accordance with our Privacy Policy.

7. Payment and Billing

For services requiring payment:

• All fees are stated in the currency specified on our website
• Payment is due according to the terms specified in your service agreement
• Late payments may incur additional charges as outlined in your contract
• Refunds are subject to our refund policy, which varies by service type
• We reserve the right to suspend services for non-payment

You are responsible for all applicable taxes, duties, and assessments arising from your use of our services.

8. Project Terms and Conditions

For design and development projects:

9. Warranty and Disclaimer

We provide our services with reasonable skill and care. However:

• The service is provided "as is" and "as available" without warranties of any kind
• We do not guarantee that the service will be uninterrupted, secure, or error-free
• We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose
• We are not liable for any indirect, incidental, special, consequential, or punitive damages

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability, so some of the above limitations may not apply to you.

10. Limitation of Liability

In no event shall pixelwavey, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the service
• Any conduct or content of any third party on the service
• Any content obtained from the service
• Unauthorized access, use, or alteration of your transmissions or content

Our total liability to you for all damages arising out of or relating to the service shall not exceed the amount you paid us in the twelve (12) months immediately preceding the event giving rise to liability.

11. Termination

We may terminate or suspend your account and access to the service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination:

• Your right to use the service will cease immediately
• Provisions that should survive termination shall survive, including ownership provisions and liability limitations
• For ongoing projects, we will work with you to determine appropriate next steps
• Outstanding payments will remain due and payable

12. Governing Law

These Terms shall be interpreted and governed by the laws of England and Wales, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the service.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

16. Miscellaneous

These Terms constitute the entire agreement between you and pixelwavey regarding the use of the service and supersede all prior and contemporaneous understandings regarding such subject matter.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.

You may not assign or transfer your rights under these Terms without our written consent. We may freely assign our rights and obligations under these Terms without notice.