Welcome to pixelSMART (“the Website”). By accessing or using the Website, you agree to be bound by the following terms and conditions (“Terms and Conditions”). Please read them carefully before using the Website.
1.1 The Website is owned and operated by pixelSMART (“we,” “us,” “our”).
1.2 The Website provides web design and development services, as well as hosting and other related services (“Services”). By using the Website or purchasing our Services, you agree to be bound by these Terms and Conditions.
1.3 We reserve the right to modify these Terms and Conditions at any time without prior notice. Your continued use of the Website or Services after any changes or modifications will constitute your acceptance of such revised terms.
2. USE OF THE WEBSITE
2.1 You must be at least 18 years of age to use the Website or purchase our Services.
2.2 You agree to use the Website and our Services only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website.
2.3 You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website.
2.4 We reserve the right to terminate or suspend access to the Website or our Services without prior notice or liability for any reason, including without limitation if you breach these Terms and Conditions.
3.1 Our Services include web design and development, hosting, and other related services. The specifics of each service may be outlined in a separate agreement between us and you.
3.2 We reserve the right to refuse to provide Services to anyone for any reason at any time.
3.3 We do not guarantee that our Services will be error-free, uninterrupted, or always available, and we are not responsible for any loss or damage caused by any interruption or unavailability of our Services.
3.4 We reserve the right to modify, suspend, or discontinue any part of our Services without prior notice or liability.
4.1 Our fees for Services are outlined on our Website or in a separate agreement between us and you.
4.2 We may require payment in advance for certain Services or charge recurring fees for ongoing Services.
4.3 We reserve the right to modify our fees and payment terms at any time without prior notice or liability.
4.4 If payment for Services is not received or declined by your financial institution, we may terminate or suspend the Services without prior notice or liability.
4.5 For ongoing services, we will automatically bill you in regular intervals such as monthly/annualy unless you disable the Service and cancel your subscription.
4.6 All plans require a minimum commitment period of insert number of 1 year from the date of service activation.
4.7 If you cancel your plan before the end of the minimum commitment period, you will be subject to an early termination fee equal to the balance to complete the minimum commitment period.
4.8 After the minimum commitment period ends, your plan will automatically renew for additional periods based on your payment terms (monthly/yearly), unless you cancel your plan before the end of the current period.
4.9 We reserve the right to change our pricing and billing policies at any time. If we do make changes, we will provide notice to you by email or by posting a notice on our website.
5. INTELLECTUAL PROPERTY
5.1 All content on the Website, including but not limited to text, graphics, logos, images, audio clips, and video clips, is the property of pixelSMART or our content suppliers and is protected by Canadian and international copyright laws.
5.2 You may not copy, reproduce, republish, upload, post, transmit, or distribute any content from the Website without our prior written consent.
5.3 All trademarks, service marks, and trade names used on the Website are the property of their respective owners and may not be used without their prior written consent.
6.1 We make no representations or warranties of any kind, express or implied, regarding the Website or our Services, including but not limited to their accuracy, completeness, reliability, suitability, availability, or timeliness.
6.2 We expressly disclaim any and all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services.
6.3 No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
6.4 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
6.5 You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in connection with your use of the Service, your content, or your breach of these Terms.
7. Limitations of Liability
7.1 To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use the Service or any other matter relating to the Service.
7.2 We shall not be liable for any damages arising from the interruption, suspension, or termination of the Service, including but not limited to direct, indirect, incidental, special, consequential, or exemplary damages, whether such interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent or advertent.
7.3 In no event shall our total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms or your use of the Service exceed the amount paid by you, if any, for accessing the Service during the twelve (12) months immediately preceding the date of your claim.
8.1 We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to your breach of these Terms.
8.2 Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
8.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8.4 If you terminate your Service plan after the minimum one year commitment, you will have one month to migrate your site to another hosting provider. Failure to do so may result in the deletion of your site and all related data. We are not responsible for any loss of data or damage resulting from a customer’s failure to migrate their site within this one-month period.
9. Governing Law and Jurisdiction
9.1 These Terms shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
9.2 Any legal action or proceeding arising out of or relating to these Terms or the Service shall be instituted in a court of competent jurisdiction in the Province of Ontario, and each party irrevocably submits to the jurisdiction of such court in any such action or proceeding.
9.3 You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. International users agree to comply with all local laws regarding online conduct and acceptable content.
10.1 These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
10.2 Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
10.3 If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
10.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
10.5 These Terms may be updated or changed from time to time, without notice to you, by posting the updated Terms on our website. Your continued use of the Service after any such changes shall constitute your consent to such changes.
If you have any questions or concerns regarding these Terms of Service, please contact us.
Last modified and published: April 19, 2023