Web Development Terms and Conditions of Service
Welcome to pixelmedia.rs, a website owned and operated by Pixel Media d.o.o. based in Europe and operating as a web development, search engine optimization, content writing, social media and email marketing.
Should you disagree with any of the terms in this text, do not continue using our website.
Terms of Service Contents:
- General Terms of Service applicable at all Users of the Website
- Specific Terms of Service applicable to Clients as defined under the Definitions section.
By using terms such as “we”, “us” and “our” we are referring to Pixel Media d.o.o., a company registered under the laws of the Republic of Serbia, seated in Novi Sad, Serbia.
By website, we are referring to pixelmedia.rs
By “User” we are referring to any visitor of this website.
By “Client” we are referring to any person or business we have entered a binding purchase agreement with.
By “Asset” we are reffering to any online asset or service our clients purchase for us.
By “Agreement for purchase” we mean Agreement concluded between the User and us whereby we provide Service and/or Asset and the Client pays the price in accordance with the Price.
By “Party” or “Parties” we refer to us and/or to the Client.
By “Order” we mean the Client’s order for the Services and/or Products as submitted following the step by step process set out on the Website.
By “Order confirmation” we mean our email with confirmation of our acceptance of the Order in entirety or in part thereof.
By “Price” we mean either price listed in the Price Plan or quotation sent by us to you for a Project.
By “Projects” we mean providing any Services (and Asset) to Client in accordance with Client’s specification in request of a custom quote.
Visiting or sending emails to this website constitutes electronic communications. You agree to receive electronic communications and that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, satisfy any legal requirement that such communications be in writing.
Unless otherwise indicated in the Agreement, entire Content of the Website (including but not limited to the original source code, website copy, images, graphic elements, design, databases, logo or other signs, domain, trade name and business name, trademarks or service marks, any customized work and other related materials) are protected by intellectual property rights.
Any unauthorized use of Content and/or any part of it without the permission of the owner of intellectual property rights shall be deemed an infringement of intellectual property rights. We shall take all legal remedies to protect its intellectual property rights immediately upon the knowledge of any unauthorized use.
Any copying of Content or downloading Content in part or in whole is permitted only by written consent from us.
Rules for User Content
We provide open communication tools on our website, such as comments.
Each User is fully responsible for their own comments and contents thereof.
We do not control User Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such User Content.
It is strictly prohibited to place User Content which is:
- Illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including our employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with the Rules for User Content. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
Links to Third-Party Websites
Concluding the Purchase Agreement
By completing and submitting an electronic Order, User is making an offer to purchase an Asset, if accepted by us, will result in a binding Agreement for purchase. Order confirmation from us confirms that the contract is formed.
You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Agreement for purchase by means of an email with all the necessary information.
No variation of the Agreement for purchase, whether about description of the Services, Price or otherwise, can be made after it has been entered into, unless the variation is agreed by us and the Client in writing.
Transfer of Title and Intellectual Property Rights
Subject to these Terms of Service we transfer to the Client any and all of our rights, title and interest in and to the Asset and Internet Domain Name (if specified in the Order Confirmation), and all of its respective contents, and any other rights associated with the Product, including, all related domains, logos and all of the related social media accounts including but not limited to, Instagram, Twitter, Facebook, Instagram, and Pinterest.
As for the intellectual property in the Asset (or any part thereof), the Client is granted irrevocable, non-transferable, exclusive license to use such intellectual property for the use of such Asset. However, the Client is not allowed to re-use that Asset or any part thereof (for example design of the website) as a template for other sites without written permission from us.
Granting the license to use intellectual property for other purposes may incur additional charges. You can request permission via contact page.
After Order Confirmation, the Client is obliged to make payment in accordance with price specification sent by us.
A full (100%) payment must be completed and processed in order for us to begin working on the project. Any deadline for the completion of the Project begins the day following the day payment has been made.
Please note that Asset will not be sent (or links to such asset) and we will not commence with the Services until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your Order if payment is not authorized.
Fees and charges include VAT at the rate applicable at the time of the Order.
Client Availability, Deadlines and Turnaround Time
While working on a Project, the Client must be available for feedback purposes during the process. If the Client does not respond to our message within 24 hours, expected delivery time may be postponed for another 48 hours without any liability on our side. For any other delay caused by us, the Client will be promptly informed.
Website Interaction during Development
Before the client is required to make a payment, Pixel Media will deliver a free mockup of the website, free of charge and with no strings attached. After the client has reviewed and approved the website, they are obligated to make a full payment before the agency continues development.
If the client does not like the initial mockup, Pixel Media will provide the required adjustments or a brand new mockup. The client is entitled to a few minor changes to the mockup, provided they do not abuse this privilege. Pixel Media is entitled to terminating a partnership or refuse to further adjust the mockup if we feel the client is not within their right to request additional modifications.
Any interaction during development on the Project (adding additional content, tweaking On-Page SEO) may prolong turnaround time and lead to additional charges.
The Client will be given an option to provide feedback on design, content and layout for the first version of the outcome or the Project. Such feedback may not contain any change of order.
The Client can also suggest features to be included, but it is entirely in our discretion to accept or to refuse such modifications. We may charge an additional fee for any custom work that is subsequently required by the Client.
In case the outcome of the Project is approved by the Client after the first feedback, the developers and content writers will continue working with the feedback provided. Upon completion the Client is authorized only to suggest revision which entails smaller modifications (such as moving elements, changing color of a button etc.), if any.
If the first draft/mockup is rejected by the Client, the Client can suggest changes and the developers will work from there on creating an improved version.
Any information Client discloses to us we treat as strictly confidential. We will not at any time disclose any of your confidential information to any third party.
This Agreement will be governed by and construed in accordance with the laws of the Republic of Serbia.
Any dispute arising out of this Agreement shall be settled by the competent court in Novi Sad, Serbia.
Content Writing Terms of Service
1.1 “Agency” refers to a Customer that uses the Services to provide Content Posts for its clients and when registering its Account has identified itself as an Agency.
1.2 “Content Post” refers to an original Submission that is selected for publishing.
1.3 “Credit” refers to the number of Content Posts available to be selected for publishing.
1.4 “Submission Request” refers to a request by you for a Submission.
1.5 “Provider” refers to the agency that prepares and submits Content Posts in response to a Submission Request (in this case Pixel Media).
1.6 “Submission” refers to a writing prepared by a Provider for you or, if you are an Agency, prepared for your customers.
(a) Description. Pixel Media provides a service through which you can request that Providers prepare and submit original Submissions that relate to you, your business, or the topics that you’ve requested. You may select certain Submissions to be published. Further, Pixel Media may select certain Submissions to be published on your behalf if: (a) you have authorized Pixel Media to do so in connection with a particular service offering such as a scheduled plan or a managed service offering, (b) if you are unresponsive to Submissions, following notice, or (c) if you have used a Submission, in whole or in part, without affirmatively selecting the Submission for publishing. All Submissions selected for publishing, by you or by Pixel Media on your behalf, are referred to as Content Posts.
2.1 Feature Specific Terms.
Depending on the particular Services you have selected to receive, the Services may include additional features and services such as:
(a) +Photo: you will receive photo(s) for each Content Post based on plan specifics as listed on the Site. Pixel Media does not guarantee the availability of specific photos or types of photos. Pixel Media is not responsible for providing substitute photos if our offerings are not suitable for your needs. Photos provided will constitute Third Party Content (defined below).
(b) +Optimize: Content Posts will be published by Pixel Media. You are responsible for entering and maintaining up-to-date publishing credentials for the site on which Content Posts are to be published. If no credentials are present, Pixel Media will not be responsible for optimizing or publishing Content Post. Pixel Media agrees only to make changes to your site as necessary to provide the Services. Pixel Media will use best efforts to maintain the security and confidentiality of login credentials for your site, but is not liable for unauthorized access to the site. Customers using this plan will also need to abide by all terms applicable to +Photo.
(c) Pixel Media Complete: Pixel Media will manage your content needs as specified on this Site. Pixel Media will select Content Posts for publishing in coordination with Customer. However, if Customer is unresponsive to Pixel Media communications within a reasonable amount of time, Content Posts will be selected for publishing and delivered to the Customer without Customer input. Customers using this plan will also need to abide by all terms applicable to +Photo and +Optimize.
Your ability to place Submission Requests and to purchase Content Posts is based on the previously signed contract between the Agency and the Provider according to the Provider’s pricing list.
2.3 Content Posts; Ownership
Pixel Media assures that all Submissions are original works of authorship.
2.4 Third Party Content
To the extent that Pixel Media provides Third Party Content in connection with a Content Post, you agree to be bound by the terms and conditions applicable to the Third Party Content and agree to indemnify Pixel Media from and against any claim, action, or demand arising in connection with your violation of the same. Pixel Media will not include any Third Party Content in any Content Post without your request.
You may access certain online features of the Services by registering an account on the Site (your “Account”) and signing up for one or more subscriptions for the Services (each a “Subscription”). You may log into your Account using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your username, whether or not you have authorized such activities or actions. You agree that the information that you provide to Pixel Media about yourself upon registration of your Account, and at all other times, (“Customer Data”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Customer Data to ensure that it remains true, accurate, current and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. Pixel Media reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you agree to notify Pixel Media immediately via the contact page or the email provided.
2.6 Site License
Subject to these Customer Terms, Pixel Media grants you a personal, limited, revocable, non-exclusive and non-transferable license to access and use the Site and Services. This license is exclusive to you and you may not sublicense the use of the Site. Pixel Media expressly retains all ownership rights, title and interest in and to all aspects of the Site, including, but not limited to any software or technology enabling the Site or Services and all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site only while these Customer Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of your agreement to these Customer Terms for any reason.
Pricing and Payment
The fees for the Services are posted on the Site. Fees are subject to change without notice. You agree to pay Pixel Media in advance the applicable fees for the Services provided by Pixel Media under these Customer Terms. Pixel Media will bill for all fees using the payment method you’ve selected on your Account. You will provide Pixel Media with accurate and complete billing information including legal name, address, telephone number, and credit card, debit card, ACH, and/or PayPal billing information as applicable. If any such information is false or fraudulent, Pixel Media reserves the right to terminate your use of the Services in addition to seeking any other legal remedies. Pixel Media is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Pixel Media. Each charge will be considered valid unless disputed by you in writing within thirty (15) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Site. Pixel Media’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Pixel Media’s income. You understand and agree that the Services will renew on a periodic basis (i.e. monthly, annually, etc.), and Pixel Media may charge you for each such renewal without notice unless you terminate your Subscription as provided in these Customer Terms.
Pixel Media offers revisions until the client is satisfied, if of course, the client doesn't abuse this privilege. However, we don't generally do refunds. The writers spend time working on your content, and it is delivered on time, error-free and high in quality. We strive and we write to achieve your utmost satisfaction, so instead of a refund we will provide content revision until you are satisfied with it.
We do require that you provide necessary information regarding the order so that we could act on it accordingly and provide exactly what you need. However, the decision about the refund rests solely on Pixel Media.
Within three (3) days after the content delivery, you should either ask for a content revision or accept the order. If we don't receive a response during that period, the order will automatically be marked as complete by our system, and we will assume you are satisfied with the delivery.
Pixel Media will create an exception and provide a refund of fees paid for the Service if all of the following are true:
(a) You cancel your Account within fifteen (15) days of registration;
(b) You have not ordered any Content Posts in any manner;
(c) You request a refund within fifteen (15) days of registering your Account;
(d) You have not previously cancelled an Account;
(e) You have not used the Service under any other Account during the fifteen (15) days preceding your request for a refund; and
(f) You have not incurred additional charges from Pixel Media beyond initial payment of fees;
Refunds will not be given for more than one Subscription per Account. Refunds will not be given on any add-on plans or services. No refunds will be given for Content Posts purchased even if not published. Pixel Media is not responsible for a lack of Submissions or for Submissions not meeting your needs.
Clients are expected to send a complete content brief, because only then we can ensure that your requirements are fully met and the content delivered truly serves your purpose. We will contact you as soon as possible if we require some extra information. The word count is only used for description, and content delivered will not be comprised of stated number of words precisely to the word. That means that if a client orders the 500-word article, the final content we deliver might have 492 words or 515. The word count is only a guideline for our writers.
If for some reason we cannot deliver the stated number of words, we will always contact you and state why there is a difficulty and how to resolve it. However, if there are fewer or more words than what you ordered, there will be no price change. We won't charge you less, or charge you more - the price agreed upon in advance is the amount you are required to pay.
After you receive the ordered content, you have three (3) days to inform us regarding the rewriting or any other changes. Silence gives consent, so if you don't revise the content and don't contact us about the changes, the system will automatically mark the order completed, and we will deem it as satisfactory.
We do offer unlimited revisions for the content you ordered, unless the registered user is abusing this privilege. If that is the case, we reserve the right to decline further business relationship. We will correct style, structure and we will perform minor changes to the content, but revision doesn't imply the creation of the absolutely new content. Registered user can demand a total rewrite only if there was a major error on our part, and we shall re-submit the content as soon as possible.
We have editors and content managers who are absolute experts and native speakers. They will check, double-check, and even triple-check in some cases, for all grammar and spelling errors before we deliver you our content.
All content delivered is in American English.
Order Cancellation Policy
Client cannot cancel any order that has already been submitted, or any order for which the work had already commenced. Registered Users can give a one (1) month notice for monthly plans, where they are still held responsible for paying for the upcoming month. However, they will still receive all the content they ordered and paid for.
Third Party Software and Linking
Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. Pixel Media makes no warranty with regard to the products or websites of any other entity. Pixel Media has no control over the content or availability of any third-party software or website. In particular, (a) Pixel Media makes no warranty that any third-party software you download or web site you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) it is your responsibility to become familiar with any web site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
Suspension and Termination
Pixel Media reserves the right to suspend or terminate your access to and use of the Site and Services, at any time, without notice, for any reason, including but not limited to (a) your breach of these Customer Terms, or any other policies or guidelines set forth by Pixel Media, or (b) Conduct that Pixel Media believes is harmful to other users of the Site or Services, or the business of Pixel Media or other third party information providers. Further, you agree that Pixel Media shall not be liable to you or any third party for any termination of your access to the Site or Services. Pixel Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Pixel Media shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You may terminate your Subscription at any time by as provided on the Site, in which case such termination shall be effective at the end of the then-current Subscription term. Customer maintains responsibility for canceling any Subscription or Account through the Pixel Media Site. Upon termination all of your rights to use the Site and Service shall immediately cease. Pixel Media has no obligation to refund any amounts paid by you upon termination of your Account or any Subscription.
Rules of Conduct.
You agree that, at all times, you will comply with the Customer Code of Conduct available at the website, which is incorporated into a made a part of these Customer Terms of Services. You understand that we cannot and do not assure that other users are or will be complying with the Customer Code of Conduct or any other provisions of these Customer Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
Social Media Terms Of Services
The terms and conditions below (the “Terms of Service”) govern your access to and use of Pixel Media’s websites and services (collectively, the “Site”). The Terms of Service constitute a legal agreement between you and Pixel Media. You agree to the Terms of Service by accessing or using the Site. Do not access or use the Site if you are unwilling or unable to be bound by the Terms of Service.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Subscription and Purchases
Your Pixel Media services begin at the moment of your first payment to Pixel Media. By purchasing or subscribing to Pixel Media’s services, you grant Pixel Media the rights to (1) create, access and manage profiles, applications or websites in your name using Pixel Media content, Your content, Third Party Content, and publicly available information; (2) post, at Pixel Media’s discretion, Content to the above-mentioned profiles, applications, or websites in your name, including but not limited to content that mentions, discusses or promotes third parties; (3) access, collect, read, analyze, and otherwise use on your behalf the information available on the above-mentioned profiles, applications, or websites; and (4) host, using the resources of Pixel Media, the above-mentioned profiles, applications, or websites.
Upon termination of your use of Pixel Media’s services, you retain the right to access and control the above-mentioned profiles, applications, or websites not hosted by Pixel Media, as well as Your Content. At any time, including upon termination of your use of Pixel Media’s services, Pixel Media may delete, disable, alter, remove, retain, or otherwise dispose of profiles, applications, or websites hosted by Pixel Media.
Cancellation and Termination Policy
All Pixel Media services are month-to-month with a 30-day cancellation notice required.
You are solely responsible for properly canceling your account. To cancel your account, you must contact Pixel Media. Every client MUST provide Pixel Media with a 1-month notice for cancellations or downgrades. You must tell Pixel Media you are cancelling before your next billing date. Once you tell Pixel Media you are cancelling, your next payment will be your last payment. Service will continue for one (1) final month.
Pixel Media, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other Pixel Media service, for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Pixel Media reserves the right to refuse service to anyone for any reason at any time.
You are solely responsible for making sure the advertisements we are running on your behalf are in compliance with Facebook and the laws within the United States or a state you target with advertising campaign. Under no circumstance is Pixel Media responsible for any advertisements we are managing on behalf of our clients. All advertisements are to be approved by the client before we exercise our management practices. In the event of a cancellation, Pixel Media is not responsible for any outstanding advertisements running in your business’ advertising account. You as the client are solely responsible for managing your advertisements once your service period with Pixel Media ends.
Payment, Refunds, Upgrading and Terms
- No refunds will be provided to customers who have their accounts terminated after the start date.
- A valid credit card is required for paying accounts.
- If you initially sign up for an account, a Pixel Media representative will contact you for account and service set-up within 24 hours.
- An upgrade from any plan will result with you being billed for your first month of the new plan on the next payment date matching the date you signed up on the previous month.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds for partial months of service, or for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes.
- All paying users from Canada shall be responsible for filling out their correct province and country so that they can be taxed appropriately.
- There is no refund for mismanaged Facebook advertising spend, Twitter advertising spend and LinkedIn advertising spend.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
Changes to the Terms of Service
We may modify these Terms of Service from time to time. When changes are made, we will notify you by making the revised version available at our website and will indicate at the top of the Terms of Service the date that revisions were last made. You understand and agree that your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.
Technical support is only provided to paying account holders and is only available during Central European Time standard business operating hours, currently Monday through Friday 9am to 5pm.
You understand that Pixel Media uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The failure of Pixel Media to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Pixel Media and governs your use of the Services, superseding any prior agreements between you and Pixel Media (including, but not limited to, any prior versions of the Terms of Service).
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subject to Pixel Media’s ability to amend these Terms of Service, they cannot be changed.
If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service and such determination shall not affect the remaining provisions contained herein.
You may not assign these Terms of Service or any of your rights or obligations under these Terms of Service to a third party. Subject to the foregoing, these Terms of Service shall ensure to the benefit of and be binding upon you and Pixel Media and their respective successors (including any successor by reason of amalgamation) and assigns.
You agree that if you sue Pixel Media and do not obtain judgment in your favor, you will pay all of Pixel Media’s costs, including reasonable fees for in-house and outside legal counsel.
These Terms of Service are governed by the laws of the Republic of Serbia, without giving effect to any principles of conflicts of laws contained therein, and all disputes or other matters arising out of this License will be dealt with by a court of competent jurisdiction in Serbia. These laws apply to your access to or use of the Services, notwithstanding your domicile, residency or physical location.