Terms of service

This following page acts as a contract between you and Pixel2HTML, collectively referred to as the "parties", by submitting your project with Pixel2HTML you agree to this terms.



Welcome to the Pixel2HTML website/service which is operated by Pixel2HTML dBA Nerdev LLC (in this Agreement, "Pixe2HTML", "Pixel, "we", "us" or "our").

This following page acts as a contract between you and Pixel2HTML, collectively referred to as the "parties".

By accessing, browsing, and using the Site and its services (“Services”), you accept, without limitation or qualification, these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you should not access the Site or use its Services. By using the Services or the Site, you represent and warrant that you are 13 (thirteen) years of age or older and that you accept and agree to abide by all of the terms and conditions of this Agreement. The Site may, without notice to the User, add additional features or change or eliminate features or Services, change nomenclature, and make other changes at any time, which will be subject to these Terms and Conditions.



Services statement

Pixel2HTML shall provide the services as nominated at time of order. A copy of these agreed services will be emailed to both parties at the beginning of the project, after we have received, examined and checked your completely filled order form and project files.

Delivery of the services

  • Start date: Pixel2HTML will start providing services on the next consecutive business day from the date of purchase (order paid and all the files correctly upload).
  • Completion date: The due date generated by the system is an estimate. The completion date will be provided to the client after a Project Manager or Customer Support representative from Pixel2HTML reviews all of the files and details of the project. Our team works from 10:00 to 19:00 Hs from Monday to Friday in the GMT -3 Time Zone, you should expect your project to be delivered during that time-frame.
  • Delays: While we aim to deliver all our projects on time, if unforeseen circumstances delay delivery times, Pixel2HTML will endeavor to offer some form of compensation. You are not entitled to make any further claims against Pixel2HTML beyond the original cost of the project.

Acceptance Criteria

The following is hereby established as the client's acceptance criteria for all projects developed by Pixel2HTML unless otherwise noted in a service agreement signed by both parties. A project is considered accepted if:

  • the client approves a delivery in the project thread or;
  • the client does not submit any feedback or request changes within fourteen (14) days of the project being delivered for Markup (HTML/CSS) projects and thirty (30) days for CMS Projects.
  • the client requests us to proceed to the next project stage. A project stage could be the next sprint of HTML/CSS development, JavaScript functionality, CMS development, deployment of the theme to an external server/version control system or delivery of the theme files in the form of a zip archive made available to download.

Format of project delivery

Pixel2HTML shall provide the completed service in form of a .zip file upon completion of the project. In the case that you have requested some other specific form of delivery, Pixel2HTML will comply with this request if agreed on the project specifications that will be taken as a contract.

Prices

As consideration for the provision of the services by Pixel2HTML, the price of these services are nominated at the time of purchase and it varies depending on the services requested. For a correct pricing please refer to your invoice emailed at time of purchase and make sure you agree with the quote provided before accepting the project start.

Payments

You agree to pay the price established by Pixel2HTML before we begin working on your project. Pixel2HTML has no obligations to start your project neither delivering files without receiving and confirming your payment(s). Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the services provided by Pixel2HTML to you under this Agreement and such will be payable by the person that contracts Pixel2HTML in addition to all other charges payable hereunder.

Intellectual property rights

Pixel2HTML agrees to grant to the purchaser a Non-Disclosure Agreement (NDA) where Pixel2HTML establishes that any material, information, files related your project will not be shared with third parties or used in any other way that is not related to the completion of the project. In respect of the material specifically created for the Purchaser as part of the services, Pixel2HTML accepts that the full title guarantee belongs to the person or company that contracted our services and all of the copyright, other intellectual property rights and any other data or material used or subsisting in the project files, whether finished or unfinished also belongs to the purchaser.

Warranty

Pixel2HTML represents and warrants that: Will perform the services with reasonable care and skill Services and the files provided by Pixel2HTML to you under this Agreement will not infringe or violate any intellectual property rights.

Terms and termination

The Agreement shall be effective on the date of payment hereof and continue, unless terminated sooner in accordance by both parties. Either Party may terminate this Agreement upon notice in writing if: The other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other Party so to do; or A voluntary arrangement is approved by both parties.

Relationship of the parties

The Parties acknowledge and agree that any services performed by Pixel2HTML, its employees or agents shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.

Notices

Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered, if delivered by through the customer's account accessed through Pixel2HTML’s website.

Refunds

Pixel2HTML will consider a full refund under the following reasons:

  • The client’s order cannot be completed
  • The client request to cancel the order is received before any development is started.

A partial refund will be considered udner on the following reasons:

  • The quality of the final delivery is not up to the specifications or notes provided and agreed by both parties and they are all technically possibly to acomplish within reasonable efforts. And the client provides a comprehensive proof / explanation of the matter.
  • Our team has performed at least 10 rounds of fixes to the files and the problem still persists and it's not technically impossibly to fix it.

You will NOT be elegible for any type of refund if the project has been delivered to you or you have access to the order files & if the files meet our quality standards.

Any negligence or behaviour produced either by third parties or by the client itself while installing, modifying, manipulating or using the final materials will not constitute a cause of refund. Pixel2HTML reserves the right to agree or disagree to any refund requests and has the final say on all disputes upon inspecting the each individual case.

Warranty

The user agrees that access to the site, and use of the services is at the user’s own risk. neither Pixel2HTML nor its officers, directors, employees, affiliates, or agents warrant that the services may be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the services or as to the accuracy, reliability, suitability, or content of the services. all other services are provided on an "as is," "as available" basis without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or audience, and non-infringement. in no event will Pixel2HTML or its directors, officers, employees, affiliates, or agents be liable to the user or any third party for any incidental, indirect, special, or consequential damages (even if Pixel2HTML has been advised of the possibility of such damages), arising out of the user’s use of or inability to access the site, or to use any other services, including, without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorised access to Pixel2HTML's records, programs, or services. because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states Pixel2HTML’s liability is limited to the greatest extent permitted by law, not to exceed the amount paid for the services. Nothing in these terms and conditions shall affect the statutory rights of any user or exclude or restrict any liability for death or personal injury arising from the negligence or fraud on the part of Pixel2HTML.

Indemnification

The User agrees to indemnify and hold Pixel2HTML and its affiliates, officers, agents, partners, and employees, harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of information submitted by, posted to, emailed, or otherwise transmitted by the User through the Services, your use of the Services, your connection to the Services, or your breach of the Terms and Conditions.

Portfolio rights

By clicking "Showcase my project" you accept that Pixel2HTML reserves the right to display and include the work for your project as part of Pixel2HTML portfolio, and showcase it for new business or educational purposes. Notwithstanding the foregoing, Pixel2HTML may, preserving the Client’s identity, display and write about the work in progress at any moment.

Miscelaneous

The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights and if any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity or enforceability of the remainder of this Agreement shall be affected. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party. This Agreement may not be amended for any other reason without the prior written agreement of both Parties. This Agreement constitutes the entire understanding between the Parties PSD to HTML services and/or platform implementation hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto. Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond their control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other. This Agreement shall be governed by the laws of the state of Delaware, United States of America. Pixel2HTML reserves the right to work on future projects for any given client or to erase/prevent access to clients for any suspicious behaviour or for not complying to this agreement.

Edit terms

After preview, if you approve the HTML/CSS, you are more than welcome to provide fixes that you need done in order for the project to be fully pixel perfect based on your PSD files. You will have a maximum of 3 rounds for small edits (for example: Font styling, Minor alignment changes,simple colour updates within reasonable requests, etc) and if you require a change in the design that might require extra efforts, we may have to charge an additional fee based on our own criteria of hours needed to be billed (At a rate between $45 and $55 per hour depending the task). A round can be defined as a list of edits that we are going to complete. Once the first round is fully completed, if you need a few more changes you will be able to send a second round and a third round if needed. The programmer will need a detailed list of changes (screen-shots if possible) so we can provide a fast and efficient result. This screen-shot tool may be helpful: https://droplr.com/) After the 3 rounds of edits are finalised you can ask for more changes, but this will be charged separately. If you don’t send feedback during the next 72 Hs. of project completion, Pixel2HTML will consider the project approved by the client and will be able to refuse making any changes or fixes at all.

CMS Projects

CMS projects are crafted by our team in the following way:

  • PSD to HTML/CSS standard coding takes place, once this stage is finished we'll present you with the demo links for you to evaluate them.
  • We'll wait for feedback (if any) on these files and will proceed to the next stage after clearing everything's ok.
  • We'll integrate the previously coded HTML/CSS Markup with any JS Scripts needed along with the CMS Chosen for the project.
  • We'll perform Quality Assurance round to make sure everything's up to the project details and specifications.
  • We'll present the demo links to the client to evaluate the completed project integrated with the selected CMS.
  • The client will have up to one week to provide any feedback which will be solved within the following 10 rounds of fixes.
  • After client evaluation and feedback or fixes, the client should approve the project as completed to receive the files from Pixel2HTML for later migration or implementation.

Some other important notes regarding this service:

  • Prices for CMS Projects are stated on two stages regarding the process described above, over cancellation in the middle of the second stage you won’t be eligible for a refund on the full amount of the project.
  • Edits on the CMS have the same flow as the HTML process, but they are only related to functionality (for example: changing widgets, use a different plugins, the logic of the code) and not HTML/CSS because we will be using the HTML code that you previously approved.

Upon making any payments or submiting/requesting for any of Pixel2HTML’s services you are hereby accepting this terms and services agreement.

Last Updated: July 19th, 2017.