+63 917 845 8899
Mon-Fri: 9:00 AM - 6:00 PM PST

Terms of Service

Please read these terms and conditions carefully before using our services

Last updated: December 2024

1. Acceptance of Terms

By accessing and using the PixelMark Web Design Agency website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service constitute a legally binding agreement between you and PixelMark Web Design Agency, a web design company based in Cebu City, Philippines.

2. Description of Services

PixelMark Web Design Agency provides comprehensive web design and development services including but not limited to:

  • Custom website design and development
  • Responsive web design and mobile optimization
  • E-commerce solutions and online store development
  • Content management system implementation
  • Search engine optimization (SEO) services
  • Website maintenance and support
  • Digital marketing and branding solutions

All services are provided in accordance with industry standards and best practices to ensure optimal performance and user experience.

3. User Responsibilities

As a user of our services, you agree to:

  • Provide accurate and complete information when requested
  • Maintain the confidentiality of your account credentials
  • Use our services only for lawful purposes
  • Respect intellectual property rights of PixelMark and third parties
  • Comply with all applicable laws and regulations
  • Not interfere with or disrupt our services or servers
  • Not attempt to gain unauthorized access to our systems

You are solely responsible for all content you provide to us and for ensuring that you have all necessary rights and permissions for such content.

4. Intellectual Property Rights

All content, trademarks, service marks, logos, and designs on this website are the intellectual property of PixelMark Web Design Agency or our licensors and are protected by copyright and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to use our services for their intended purpose. This license does not include the right to:

  • Copy, modify, or redistribute our content
  • Use our trademarks or branding without written permission
  • Reverse engineer or attempt to extract source code
  • Create derivative works based on our services

Upon completion of services, clients retain ownership of their custom designs and content, while PixelMark retains ownership of general methodologies, frameworks, and non-client-specific innovations.

5. Payment Terms

Payment terms and conditions include:

  • All fees are due according to the agreed payment schedule
  • Projects may require an initial deposit before work begins
  • Payments can be made via bank transfer, PayPal, or other agreed methods
  • Late payments may incur additional charges or suspension of services
  • All prices are in USD unless otherwise specified
  • Refunds are subject to our refund policy and project completion status

Failure to make payments may result in project suspension or termination, with any work completed remaining our property until full payment is received.

6. Project Timeline and Delivery

We strive to deliver projects within agreed timeframes. However, project timelines may be affected by:

  • Client response time for feedback and approvals
  • Provision of required materials and content
  • Complexity and scope of the project
  • Technical challenges or unforeseen circumstances
  • Third-party integrations and dependencies

We will communicate any delays promptly and work with clients to adjust timelines as necessary. Rush projects may incur additional charges based on our current rate structure.

7. Limitation of Liability

To the fullest extent permitted by law, PixelMark Web Design Agency shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, data, use, goodwill, or other intangible losses
  • Business interruption or lost business opportunities
  • Damages resulting from website downtime or technical issues
  • Loss or corruption of data or content
  • Third-party actions or services

Our total liability for any claims related to our services shall not exceed the amount paid by the client for the specific service giving rise to the claim.

8. Warranties and Disclaimers

We provide our services on an "as is" and "as available" basis. While we strive for excellence, we cannot guarantee:

  • Uninterrupted or error-free operation of services
  • Compatibility with all browsers and devices
  • Absence of security vulnerabilities
  • Continuous availability of third-party services or integrations
  • Perfect accuracy of all content and functionality

We make no warranties, express or implied, regarding the completeness, reliability, or accuracy of our services or the results obtained through their use.

9. Termination

Either party may terminate this agreement under the following conditions:

  • Written notice provided at least 30 days in advance
  • Material breach of terms by either party
  • Insolvency or bankruptcy of either party
  • Mutual agreement to terminate the relationship

Upon termination, clients remain responsible for payment of all work completed up to the termination date. We will provide all project files and materials upon receipt of final payment.

10. Privacy and Data Protection

We are committed to protecting your privacy and handling your personal data responsibly. Our practices include:

  • Collecting only necessary information for service provision
  • Using data solely for agreed-upon purposes
  • Implementing appropriate security measures
  • Not sharing personal information with third parties without consent
  • Providing options for data access, correction, and deletion

For detailed information about our data handling practices, please refer to our Privacy Policy and Cookie Policy.

11. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. When we make changes:

  • We will post the updated terms on this page
  • The "Last updated" date will be revised
  • Significant changes will be communicated via email
  • Continued use constitutes acceptance of new terms

We encourage you to review these terms periodically to stay informed about your rights and obligations.

12. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts of Cebu City, Philippines.

Before pursuing legal action, we encourage parties to resolve disputes through good faith negotiations or mediation services.

13. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable.

14. Contact Information

If you have any questions about these Terms of Service or our services, please contact us:

PixelMark Web Design Agency

Address: Escario Street, Cebu City, Cebu, Philippines

Phone: +63 917 845 8899

Email: [email protected]

Business Hours

Monday - Friday: 9:00 AM - 6:00 PM PST

Saturday - Sunday: Closed

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.