Acceptance of Terms
Welcome to Pixelara Digital. By accessing or using our website at pixelara.digital (the "Website"), or by engaging our services, you agree to be bound by these Terms of Use ("Terms"). Please read them carefully.
If you do not agree to these Terms, you must not access or use our Website or engage our services. Your continued use of the Website constitutes your ongoing acceptance of these Terms as they may be updated from time to time.
These Terms constitute a legally binding agreement between you and Pixelara Digital Private Limited, a company registered in India with its registered office at #97, 3rd Cross, BDS Layout, Dr. Shivaramakaranth Nagar, Bangalore – 560077.
Description of Services
Pixelara Digital provides digital marketing, branding, web development, creative production, search engine optimisation, paid media management, social media management, and related consulting services (collectively, "Services") to businesses and individuals.
The scope, deliverables, timelines, and pricing for specific Services are governed by individual Service Agreements, Statements of Work, or Proposals agreed in writing between Pixelara Digital and the client ("Client Agreement"). In the event of any conflict between these Terms and a Client Agreement, the Client Agreement shall prevail.
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice to active clients.
Use of the Website
You agree to use this Website only for lawful purposes and in a manner that does not infringe the rights of others. Specifically, you must not:
- Use the Website in any way that violates applicable local, national, or international laws or regulations
- Transmit any unsolicited or unauthorised advertising or promotional material ("spam")
- Knowingly transmit any data or material that contains viruses, Trojan horses, worms, or other malicious software
- Attempt to gain unauthorised access to any part of the Website, server, or database connected to the Website
- Reproduce, duplicate, copy, or resell any part of our Website in contravention of these Terms
- Use automated tools to scrape, crawl, or extract content from the Website without prior written permission
We reserve the right to terminate your access to the Website immediately, without notice, if we determine — at our sole discretion — that you have breached any of the above conditions.
Intellectual Property
All content on this Website — including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software — is the property of Pixelara Digital or its content suppliers and is protected by applicable Indian and international copyright, trademark, and intellectual property laws.
You are granted a limited, non-exclusive, non-transferable licence to access and view the Website's content for personal, non-commercial purposes only. You must not:
- Modify or copy the materials on this Website without express written consent
- Use the materials for any commercial purpose or for any public display without written permission
- Remove any copyright or proprietary notations from the materials
- Transfer the materials to another person or "mirror" the materials on any other server
With respect to work created for clients, intellectual property ownership is determined by the applicable Client Agreement. Unless otherwise agreed in writing, Pixelara Digital retains ownership of all creative work until full payment has been received, at which point ownership transfers to the client as specified in the agreement.
Client Obligations
Clients engaging Pixelara Digital for Services agree to:
- Provide accurate, complete, and timely information, materials, and approvals required for the provision of Services
- Ensure all content and materials provided to Pixelara Digital are lawful and do not infringe any third-party rights
- Designate a responsible point of contact with authority to provide instructions and approvals on behalf of the client organisation
- Notify Pixelara Digital promptly of any changes to requirements, timelines, or business circumstances that may affect the delivery of Services
- Pay all invoices within the agreed payment terms as specified in the Client Agreement
Delays caused by the client's failure to provide required materials, feedback, or approvals may result in revised timelines and, where applicable, additional charges. Pixelara Digital will provide reasonable advance notice of any such revisions.
Payment & Fees
Fees for Services are as agreed in the applicable Client Agreement, Proposal, or Statement of Work. Unless otherwise specified:
- Project-based work may require a deposit of 50% prior to commencement, with the balance due upon completion or as agreed
- Retainer services are invoiced monthly in advance and payable within 7 days of invoice date
- All prices are in Indian Rupees (INR) and are exclusive of applicable Goods and Services Tax (GST), which will be charged at the prevailing rate
- Late payments beyond 14 days from the due date may attract interest at 1.5% per month on the outstanding balance
- Pixelara Digital reserves the right to suspend Services for accounts with outstanding unpaid invoices beyond 30 days
Refund eligibility is determined on a case-by-case basis in accordance with the specific Client Agreement. Deposits for commenced work are generally non-refundable unless Pixelara Digital has materially failed to deliver agreed services.
Limitation of Liability
To the maximum extent permitted by applicable law, Pixelara Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with:
- Your use of, or inability to use, our Website or Services
- Any content obtained from our Website
- Unauthorised access to or alteration of your data or communications
- The performance of third-party platforms, tools, or advertising networks used in the delivery of Services
Our total aggregate liability to you for any claims arising under or in connection with these Terms or any Client Agreement shall not exceed the total fees paid by you to Pixelara Digital in the three (3) months immediately preceding the event giving rise to the claim.
Nothing in these Terms limits or excludes liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be limited or excluded under applicable law.
Third-Party Links
Our Website may contain links to third-party websites, platforms, or resources that are not owned or controlled by Pixelara Digital. We provide these links for convenience only and do not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party sites.
We strongly recommend reading the terms and privacy policies of any third-party site you visit. Pixelara Digital is not liable for any damage or loss caused by your use of third-party sites or services.
Termination
Either party may terminate a Client Agreement in accordance with the notice provisions specified therein. In the absence of specific provisions, either party may terminate with 30 days' written notice.
Pixelara Digital reserves the right to terminate or suspend access to the Website or Services immediately, without notice or liability, if we determine that you have breached these Terms or any applicable law. Upon termination, your right to use the Website and Services ceases immediately.
Clauses relating to intellectual property, payment obligations, limitation of liability, and governing law shall survive termination of any agreement.
Governing Law
These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
Any dispute that cannot be resolved amicably between the parties shall be subject to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India.
Before initiating any formal legal proceedings, both parties agree to attempt resolution through good-faith negotiation for a period of not less than 30 days from written notice of the dispute.
Changes to These Terms
Pixelara Digital reserves the right to update or modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page. For active clients, material changes will be communicated via email with a minimum of 14 days' notice.
Your continued use of the Website or Services after any modifications indicates your acceptance of the updated Terms. If you do not agree with the revised Terms, you must discontinue use of the Website and notify us in writing.
Contact Us
If you have any questions about these Terms of Use, or wish to raise a concern, please contact us: