Terms of Service
Legal terms governing your use of Pixanib's website and services.
Pixanib ("we", "our", "us") welcomes you to our Website. These Terms of Service ("Terms") constitute a legally binding agreement between you and Pixanib regarding your use of our Website and services. Please read these Terms carefully before using our services.
1. Acceptance of Terms
By accessing or using https://pixanib.com ("Website") or any services provided by Pixanib ("we", "our", "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Website or services.
2. Our Services
Pixanib provides digital marketing, performance marketing, SEO, brand strategy, and related consulting services. All services are subject to the specific terms outlined in your signed service agreement or proposal.
2.1 Service Descriptions
We make every effort to accurately describe our services on our Website. However, we do not warrant that service descriptions, pricing, or other content on our Website are accurate, complete, reliable, current, or error-free.
2.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any service at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.
3. Payments & Refunds
3.1 Payment Terms
Fees for our services are outlined in your service agreement. Payments are due as specified in your invoice. Late payments may result in suspension of services or additional fees.
3.2 Payment Processing
All payments are processed securely through Razorpay. You agree to provide current, complete, and accurate billing information. You authorize us to charge your provided payment method for all fees incurred.
3.3 Refund Policy
Due to the nature of digital marketing services, all fees are non-refundable unless explicitly stated otherwise in your service agreement. Any refunds provided are at our sole discretion.
3.4 Taxes
You are responsible for all applicable taxes, including GST, imposed on your use of our services. All fees are exclusive of taxes unless stated otherwise.
4. Client Obligations
4.1 Account Responsibility
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
4.2 Accurate Information
You agree to provide accurate, current, and complete information when requested by us, including contact details and billing information.
4.3 Compliance with Laws
You agree to use our services only for lawful purposes and in compliance with all applicable laws and regulations. You shall not use our services to engage in any fraudulent, misleading, or illegal activities.
5. Intellectual Property
5.1 Our IP
All content on our Website, including text, graphics, logos, images, software, and trademarks, is the property of Pixanib or its licensors and is protected by Indian and international copyright laws. You may not reproduce, distribute, modify, or create derivative works without our express written consent.
5.2 Client IP
You retain all rights to your pre-existing intellectual property. Any intellectual property specifically created for you under a service agreement will be governed by the terms of that agreement.
5.3 License to Use
By submitting content or materials to us, you grant us a non-exclusive, royalty-free license to use, reproduce, and modify such content solely for the purpose of providing our services to you.
6. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our engagement. This obligation survives termination of our agreement for a period of three (3) years.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES.
Our total liability for any claim arising out of or relating to these Terms or our services shall not exceed the total amount paid by you to us in the three (3) months preceding the event giving rise to the liability.
8. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
WE DO NOT GUARANTEE SPECIFIC RESULTS FROM USING OUR SERVICES, INCLUDING BUT NOT LIMITED TO WEBSITE TRAFFIC, CONVERSION RATES, SALES, OR RETURN ON AD SPEND. MARKETING RESULTS ARE INHERENTLY UNCERTAIN AND DEPEND ON FACTORS BEYOND OUR CONTROL.
9. Indemnification
You agree to indemnify, defend, and hold harmless Pixanib, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit to us.
10. Termination
10.1 Termination by Either Party
Either party may terminate a service agreement with written notice as specified in the agreement. For month-to-month services, either party may terminate with 30 days' written notice.
10.2 Termination for Breach
We may terminate or suspend your access to our services immediately, without prior notice, if you breach these Terms or fail to pay any outstanding fees.
10.3 Effect of Termination
Upon termination, you remain liable for all fees incurred prior to termination. Sections regarding intellectual property, confidentiality, limitation of liability, indemnification, and governing law survive termination.
11. Governing Law & Dispute Resolution
11.1 Governing Law
These Terms are governed by the laws of India, without regard to its conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in Noida, Uttar Pradesh, India.
11.2 Dispute Resolution
Before filing a lawsuit, you agree to first contact us to attempt to resolve any dispute informally. If the dispute cannot be resolved informally within 30 days, either party may initiate formal proceedings.
12. Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.
13. Third-Party Links & Tools
Our Website may contain links to third-party websites or integrate with third-party tools (including Razorpay, Google Analytics, and Meta Ads). We do not control, endorse, or assume responsibility for these third-party services. Your use of third-party services is at your own risk and subject to their terms and privacy policies.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will update the "Last Updated" date at the top of this page and notify you via email or a prominent notice on our Website. Your continued use of our services after any changes constitutes acceptance of the updated Terms.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and Company regarding your use of our services and supersede all prior agreements and understandings.
17. Contact Information
If you have any questions about these Terms, please contact us at hello@pixanib.com.
Email: hello@pixanib.com
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