Terms of Service
Effective Date: 28 June 2024
1. Introduction
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client" or "User") and Super Excellent Pty Ltd trading as PixelApps ("we", "us", or "our"). By accessing our website or using any of our services, you agree to be bound by these Terms.
2. Service Overview
PixelApps provides web design, app development, AI integration, and related services including SEO optimisation, social media management, and content creation.
3. Services and Packages
3.1 Website Packages:
- Essentials Package: Up to 5 web pages.
- Premium Package: Up to 10 web pages.
Packages can be customised per client requirements
3.2 App Design and Development Services:
- Standard Rate: Charged at an hourly rate (AUD).
- Weekend and Emergency Requests: Double the standard rate.
- Monthly Retainers: Various packages available.
3.3 Additional Services:
- Specialised services including SEO, social media management, and content creation.
- Weekend and Emergency Requests: Double the standard rate.
4. Payment and Fees
4.1 All prices are in Australian Dollars (AUD) and exclude GST.
4.2 Prices are subject to change with 30 days' notice.
4.3 Payment is due as per the agreed terms. Final deliverables will be released upon full payment.
4.4 Late payments may incur interest at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic).
5. Intellectual Property Rights
5.1 Clients retain ownership of their pre-existing intellectual property.
5.2 PixelApps retains ownership of all intellectual property in the service output until full payment is received.
5.3 Upon full payment, PixelApps grants the Client a non-exclusive, worldwide licence to use the service output.
5.4 PixelApps retains all rights in its methodologies, processes, and proprietary materials.
6. Use of Services
6.1 You agree to use our services in compliance with all applicable laws and regulations.
6.2 You must not use our services for any unauthorised or illegal purposes.
6.3 We reserve the right to suspend or terminate your access to our services if you breach these Terms.
7. Liability and Indemnification
7.1 To the fullest extent permitted by law, our liability for any claim arising out of or in connection with these Terms or the services is limited to the fees paid by you in the 12 months preceding the claim.
7.2 We exclude liability for indirect, special, or consequential loss or damage.
7.3 You agree to indemnify and hold us harmless against all claims, losses, and expenses arising from your use of our services or breach of these Terms.
8. Termination
8.1 Either party may terminate these Terms with 14 days' written notice.
8.2 We may terminate immediately if you breach these Terms.
8.3 Obligations incurred prior to termination will survive termination.
9. Governing Law and Jurisdiction
These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria.
10. Modifications to Terms
We may modify these Terms at any time. Continued use of our services after changes indicates acceptance of the new terms.
11. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
12. Entire Agreement
These Terms constitute the entire agreement between you and PixelApps regarding the services and supersede all prior agreements and understandings.
13. Contact Information
For inquiries regarding these Terms, please email us at hello@pixelapps.com.au.
Version Control
This is Version 2.0, last updated on 28 June 2024.