The following terms and conditions apply to the Agreement and each future request for the supply of services and/or materials
received by the Agency from the Client from time to time unless otherwise agreed in writing. The communication of a request by the Client to the Agency for the supply of services and/or materials shall amount to the Client’s acceptance of these terms.
These terms shall take precedence over any terms and conditions of the Client, whether attached to, enclosed with or referred
to in any purchase order of the Client or elsewhere. They may not be varied except by written agreement between the Agency and the Client.
The Agency’s obligations: The Agency will use its reasonable care and skill in the production and supply to the Client of the
Deliverables as per the Proposal.
A 50% deposit is required to begin the project.
Client and Agency shall meet regularly to discuss progress. Any delay on the part of the client in approvals could set back the delivery date. The payment schedule will start on initial deposit date and end on when the site goes live. If balance is not paid within 30 days of going live, services will be suspended.
Any changes requested by the client after the approval phase will be considered Client Requested Alterations and could be subject to additional charges.
Proposal, Deliverables and Changes: The Client warrants that this Proposal is accurate so far as is possible. As the Services Cost and any pre-set dates for supply of the Deliverables will be agreed on the basis of the proposal, any changes to it after the conclusion of the Contract, whether resulting from alterations by the Client, delay in providing the Agency with materials, information, instructions or authorizations, supply of faulty materials to the Agency by the Client, or any other circumstances beyond the Agency’s control, will be subject to extra charges for the Agency’s time and work and may involve delays in supply. The Client will pay all reasonable extra charges and reimburse the Agency for any third party charges or expenses incurred by the Agency on the basis of the original Proposal.
Written approval by the Client of final copy, layouts, scripts, storyboards, designs and the like will be the Agency’s authority to proceed with production or publication as appropriate.
Where artwork or other material is sent to the Client for final approval, the Client shall check it carefully and notify the Agency of any errors or alterations. The Agency will effect any changes so notified, but the Agency reserves the right to charge extra if any of these alterations either go beyond the original Brief. Where notification of errors is either unreasonably delayed in this way or does not occur at all before publication, the Agency will not be liable in respect of any such errors. The Agency will also
not be liable in respect of errors which may occur after the handover of artwork where the Client oversees the print and production process. The Agency cannot guarantee that any or all colors will be exactly replicated in the final version as published.
Once the Contract is signed as provided on these terms and conditions, any subsequent cancellation by the Client will result in
the Client being liable for the Services Cost incurred to date as if the cancellation had not taken place, excluding such committed third party expenses as the Agency is able to avoid liability for within its existing contractual commitments to suppliers.
Default: Account unpaid 30 days after the date of invoice (or 15 days in the case of media bookings) will be considered to be in default. If the Client in default maintains any information or files on the Agency’s web space, the Agency will, at its discretion, remove all such material from its web space. Removal of such material does not relieve the Client of the obligation to pay any outstanding amounts. Checks returned as unpaid or refer to drawer will be assessed a return charge of $25 and the Client’s account will immediately be considered in default until full payment is received. Clients with account in default agree to pay the Agency’s reasonable expenses, including legal fees and costs for collection by third-party agencies in enforcing this
Agreement.
Termination: Either party may by notice in writing to the other terminate this Agreement forthwith upon the happening of one
or more of the following events:
Such termination shall be without prejudice to the parties’ accrued rights and liabilities, in particular, the Agency’s entitlement
to payment for work done.
Unless otherwise agreed in writing the Agency will arrange and oversee all production and post-production related to the
Project. Should it be agreed that the Client arranges any production work itself, then in that regard the Agency shall not be responsible for the booking.
The Agency is not liable for any breach of this Agreement caused by matters beyond its reasonable control including acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving the Agency’s employees), weather of exceptional severity, unavoidable hardware or software failures, or acts of local or central government or other authorities.
This Agreement is the entire agreement between the parties on the subject matter contained herein and supersedes all representations, communications and prior agreements between the parties in that regard. Each party acknowledges that it
has entered into this Agreement in reliance only on the representations, warranties, promises and terms contained or expressly
referred to in this Agreement and, save as expressly set out in these terms and conditions, neither party shall have any liability in respect of any other representation, warranty or promise unless it was made fraudulently.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with North Carolina State Law and each of the parties irrevocably submits to the non-exclusive jurisdiction of the courts of The United States.
These Terms of Service govern your use of the website located at https://pixallus.com and any related services provided by Pixallus, LLC.
By accessing https://pixallus.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Pixallus, LLC.
We, Pixallus, LLC, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on May 16, 2025.
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
The intellectual property in the materials contained in this website are owned by or licensed to Pixallus, LLC and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Pixallus, LLC at any time.
You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.
When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.
The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy.
Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, Pixallus, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Pixallus, LLC or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Pixallus, LLC or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on our website are not comprehensive and are for general information purposes only. Pixallus, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
Pixallus, LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Pixallus, LLC of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms of Service are governed by and construed in accordance with the laws of North Carolina. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
This Terms of Service, or TOS, is a contract between you and Pixallus Hosting, Inc. (Pixallus Hosting, Pixallus, we, us, or our). All clients of Pixallus Hosting agree to abide by these policies. All clients of Pixallus Hosting also warrant that they are at least 18 years of age, and that they have the right and authority to bind themselves, or the company that they represent, to the terms of this TOS. This TOS, may be modified from time-to-time. All clients of Pixallus Hosting agree to be bound by these modifications. The most recent version of this TOS can always be found here.
While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of our third party service providers, or the actions of individuals who use your products and services (End Users).
This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by Pixallus, LLC under any ongoing agreement. It’s designed to protect us, our customers and the general Internet community from unethical, irresponsible and illegal activity.
Pixallus, LLC customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.
This policy was last reviewed on May 16, 2025.
We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged or capacity may be restricted.
We are opposed to all forms of abuse, discrimination, rights infringement and/or any action that harms or disadvantages any group, individual or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.
We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures.
By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.
If a customer – or their end-user or anyone using our Products as a result of the customer – violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.
Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:
The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.
Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.
Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.
We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.
This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.
Our Products must not be used for the purpose of advertising, transmitting or otherwise making available any software, program, product or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing and denial-of-service attacks.
Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).
Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.
Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of or discriminate against any group or individual.
Other activities considered unethical, exploitative and malicious include:
Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.
We prohibit the impersonation of Pixallus, LLC, the representation of a significant business relationship with Pixallus, LLC, or ownership of any Pixallus, LLC property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage or user trust.
This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.
We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of: