Terms of Use
Please read these terms and conditions carefully, as they set out our and your legal rights and obligations in relation to services offered by pixlnexs.
The Product
- Deliver the product as per the specifications in Scope of work.
- Keep the customer informed on the progress and development of the project within the timescales agreed between pixlnexs and the customer once each phase is getting done, But if there are unforeseen extensions happening in project due to technical and technological complications, developers on medical leave, the same will be communicated to the client through the ticketing platform and get the time line approved/ acknoweledged by him in email or seek out an atlernative solution, if the client is in a schedule limitied due to other programmes planned.
- Provide the customer with access to a demo server during the delivery and acceptance phase
- Make any modifications to the design as outlined in the delivery and acceptance criteria as noted below, if any specifically mentioned in Scope of work.
- Prepare and release the design to be installed by the customer.
- pixlnexs sells products and not services to its customers. Any additional features, variations from the one as seen by client through various demos will be considered as customisations and will be charged at USD 25/ Hour.
Communication:
The mode of communication to get support from pixlnexs will be limited to support ticket via support@pixlnexs.com. Telephonic and Live Chat support is limited to Pre-Sales Department.
Delivery and acceptance
pixlnexs will use all reasonable endeavours to deliver the project to the customer for acceptance testing on or before the agreed delivery date. During the acceptance period, the customer will carry out acceptance tests via an online demo server to determine:
- The design conforms in all material respects with the original specification as outlined in the scope of work document.
- Whether the product has any Defects.
Charges and payment
pixlnexs will not charge more than the amount previously agreed unless the customer has varied the specifications of the product features, designs other than the one shown in demos. pixlnexs will not undertake changes to the specifications of the work, which would increase the cost, without prior written authorisation from the customer. A 100% deposit is payable by the customer to pixlnexs before the project starts. Update will be provided as per the prior agreed deadlines.
Offers and Proposals
Offers and proposals made by pixlnexs to potential clients should be confidential and remain the property of pixlnexs. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from pixlnexs. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
Supply of Materials
The customer is to supply all materials and information required for pixlnexs to complete the work in accordance with the agreed specification, . Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the customers failure to supply such materials leads to a delay in completion of the work, pixlnexs has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount.
Warranty by Client as to Ownership of Intellectual Property Rights
The Customer will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to pixlnexs for inclusion on the Web design project.
The conclusion of a contract between pixlnexs and the customer shall be regarded as a guarantee by the customer to pixlnexs that all such permissions and authorities have been obtained and that the inclusion of such material in the Web design project would not constitute a criminal offence.
By agreeing to these terms and conditions, the Customer removes the legal responsibility of pixlnexs and indemnifies the same from any claims or legal actions however related to the content of the Customers site.
Right to Terminate
pixlnexs reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or it goes against the scope of work or otherwise unacceptable.
Events Beyond the Control of pixlnexs
pixlnexs will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of pixlnexs
Consequential Loss
Under no circumstances will pixlnexs be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software or when accessing the customers web site. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure or site access.
Jurisdiction
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between you and Bright Livingstone consultancy Pvt Ltd shall be subject to the exclusive jurisdiction of the Hight courts in Chennai, India and you hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
pixlnexs reserves the right to change the terms & conditions outlined in this document. As per the Doctrine of Constructive Notice, its construed that the client can access this document, which is held open for all, under the meaning of public document and all informations provided here are to be accessed by client for his satisfaction.