Pixel Footprint Digital Marketing LLC a Wyoming limited liability
company (“we”, “our”, “us”, or “Company”) offers digital marketing
services, including branding, website development, social media
marketing, and associated services to improve our client’s online
visibility (“Services”). By engaging us, you (“you”, “your”, or
“Client”) agree to these Terms and Conditions (“Terms”).
SERVICES
Description of Services:
We offer various packages of services, each designed to enhance
your digital presence. The detailed descriptions of these
packages are available on our website. Please note that our
offerings may change from time to time. New services may be
introduced, existing packages may be removed, and the specifics
of what is included in each package may be updated. The current
offerings on our website reflect the most up-to-date Service
packages available.
Service Package. The following terms concerning the
Your Digital Presence in 20 Days
Service package (“Service Package”) are in addition to the
descriptions provided on our website, which are incorporated by
reference herein as of the date of your purchase of the Service
Package.
This Service Package requires upfront payment, which is due in
full upon purchase of this Service Package.
The 10-day period will commence upon completion of the
onboarding form, which you will receive promptly after
purchasing the package, consists of business days only, and will
be paused during periods that we are awaiting your input, such
as approvals or directions for next steps.
The maximum number of reviews are 2 (two). More than that, it is
our sole discretion to charge additional fees.
The standard package website is limited to 5 (five) pages (home,
about, blog, sellers, and buyers).
The social media websites covered are limited to YouTube,
Instagram, Facebook, LinkedIn, and Twitter/X.
PAYMENT TERMS
Pricing:
When you purchase the Service Package, the price will be made
clear on our website and during the order process. You agree to
pay the price stated at the time of your order, as well as any
applicable taxes. All prices for the Service Package may be
subject to change at any time without prior notice.
Upfront Payments: This Service Package requires
upfront payment in full at the time of purchase. You agree to
pay the total amount due for this Service Package as specified
on the website.
Promotions and Discounts:
We may offer promotional discounts, giveaway offers, and other
forms of promotions from time to time. Such promotions may be
provided through promo codes, discounts stated on the website,
giveaways, or other means as determined by the Company. The
specific terms of each promotion are stated at the time the
promotion is offered. Each promotion may be different.
Promotions cannot be combined. Please note that we do not
provide price protection or refunds in the event of a price drop
or promotional offering.
Payment Method: Accepted payment methods
include credit card, PayPal, and other payment gateways as
specified on the website. You are responsible for maintaining
accurate billing information and ensuring that the payment
method on file is current and valid. Failure to do so may
result in suspension or termination of our Services.
Third-Party Payment Processor:
We use
SamCart/Stripe,
a third-party payment processor, to handle all payments.
We may update the third-party payment processor from time to
time. By making a purchase, you agree to the terms and
conditions and privacy policy of the third-party payment
processor.
Non-Payment:
In the event of non-payment, the Company reserves the right to
suspend or terminate Services until full payment is received.
You will be responsible for any fees associated with the
collection of overdue payments, including but not limited to
collection agency fees, legal fees, and court costs.
REFUNDS.
Except as otherwise set forth in this Agreement or as required by
applicable law, no refunds will be issued once a Service package is
purchased. However, we reserve the right to issue refunds or credits
at our sole discretion. If we issue a refund or credit, we are under
no obligation to issue the same or similar refund in the
future.
CLIENT RESPONSIBILITIES
Regular Communication: You agree to respond to
our communications within a reasonable time. If you fail to
respond for 10 consecutive days without prior notice, your
account will be considered abandoned, and no refund will be
issued.
Access and Content: You agree to grant us
reasonable access to your website, social media platforms, and
any other resources reasonably requested by us and required to
perform the services. You are responsible for providing us with
all necessary content, including but not limited to images,
text, logos, and other materials required for the execution of
our services in a timely manner.
Timely Approvals: You agree to review and approve all content,
plans, and strategies submitted for your approval within the
timeframe specified by us. You acknowledge that all approvals
are final. If we, in our discretion, allow changes or revisions
after approval, additional fees may apply.
AUTHORIZATION AND USE OF CLIENT INFORMATION TO PERFORM
SERVICES
Confidentiality: In the course of performing
our Services, we may need to obtain confidential information
from you. You will not use any portion of your confidential
information hereunder for any purpose other than to perform the
Services or as otherwise contemplated under these Terms. We will
protect your confidential information with the same degree of
care with which we would protect our own confidential
information. We will promptly notify you of any actual or
suspected misuse or unauthorized disclosure of your confidential
information. We will not disclose your confidential information
to any person except as required to perform the Services or as
authorized in writing by you. Upon completion of the Services,
we will return all confidential information to you or, at your
request, destroy it, ensuring that no copies are retained.
In connection with a breach of the confidentiality provisions
herein, you shall be entitled to seek injunctive relief in
addition to any other remedy that you may have.
Use of Information to Create Content: You
authorize us to develop content based on information or material
provided by you or your designees and collected by us, including
copy, form, size, text, graphics, names, addresses, phone
numbers, URLs, logos, trade names, trademarks, service marks,
endorsements, photographs or likenesses, and videos. Articles,
press releases, social media content, blog posts, and similar
content will be sent for your approval before publishing. You
agree to respond reasonably promptly with revisions and/or
approvals. We will wait for your approval before publishing any
content.
Posting Information about Client: As part of
our Services, we may submit information on your behalf to search
providers, social media platforms, or other third-party online
providers. These providers may include, but are not limited to:
Google, Yahoo, MSN/Bing, Meta, YouTube, TikTok, and other sites.
The terms and conditions of these providers apply.
Website Domain: If our Services include
creating a website for you, any domains purchased on your behalf
will be released to you within 30 days of completion or
termination of the Services.
License and Use of Material Created. You
acknowledge that you are receiving the Service Package at a
discounted rate as part of a promotion. In exchange for
the discounted price of the Service Package, you grant us a
non-exclusive, royalty-free, perpetual license to use any
marketing and/or branding materials (e.g., logos, brand
guidelines) that we create for you under this Service Package
for our own promotional purposes. This includes, but is not
limited to, showcasing our work on our website, in case studies,
on social media, and in other marketing and promotional
materials. You represent and warrant that you have the right to
grant this license.
FEEDBACK, SUGGESTIONS, AND TESTIMONIALS
Feedback and Suggestions: By providing feedback
or suggestions to the Company, you agree that the Company may
use such feedback or suggestions to improve or modify its
Services without any obligation to you. You further acknowledge
that you will not be entitled to any compensation or credit for
any suggestions you provide, and the Company will own all rights
to use such suggestions.
Testimonials: By providing a testimonial about
the Services, you agree that the Company may use your
testimonial, along with your name and/or company name, for
promotional purposes. If you do not want your testimonial to be
used or wish to remain anonymous, you must notify the Company in
writing.
CLIENT REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
The material and information you provide to us is truthful and
not misleading.
You have, and will continue to have, the absolute and
unrestricted right to publish and use all information you have
provided to us.
The content you provide to us does not infringe on the rights of
any third party.
The content you provide to us complies with all local, state,
and federal laws and regulations.
You are not our competitor or potential competitor and you are
not purchasing the Services on behalf of or for the benefit of
any of our competitors. You further agree not to use the
Services to compete with us in any manner.
Confidentiality:
Definition: “Confidential Information” means
any confidential and/or proprietary information provided by us
to you in the under these Terms or in the course of performing
Services for you, including without limitation, any information
relating to our Services, costs, prices, vendors, finances,
marketing plans, business model, or know-how; that is clearly
designated by us as confidential or, given the nature of the
information and the circumstances of disclosure, a reasonable
person would deem to be confidential. Confidential Information
includes, but is not limited to, the Services and all associated
intellectual property and know-how.
Non-Disclosure or Use: You will not use any
portion of our Confidential Information hereunder for any
purpose other than to engage with us under these Terms. You
shall protect all Confidential Information received from us with
the same degree of care with which you would protect your own
Confidential Information, which in no event shall be less than
reasonable care. You shall promptly notify us of any actual or
suspected misuse or unauthorized disclosure of our Confidential
Information. You shall not disclose our Confidential Information
to any person except as authorized in writing by us. Upon
completion of the Services, you shall return all Confidential
Information to us or, at our request, destroy it, ensuring that
no copies are retained. In connection with a breach of the
confidentiality provisions herein, we shall be entitled to seek
injunctive relief in addition to any other remedy that we may
have.
RIGHT TO DECLINE TO RENDER SERVICES
We reserve the right to decline any Client and immediately refund
any money paid for Services if the Client’s product or service falls
into any of the following categories:
Harmful, threatening, violent, abusive, harassing, tortuous,
vulgar, obscene, libelous, invasive of another’s privacy,
racist, ethnically offensive, or otherwise objectionable content
or language.
Defamatory, hateful, or revenge content or language.
Illegal activities such as Ponzi schemes, pyramid schemes,
fraudulent charging of credit cards, copyright violations,
plagiarism, piracy, and all unauthorized use of materials or
content that infringes on third parties’ intellectual
properties.
Illegal drugs or drug paraphernalia.
Reselling of email accounts or hosting accounts to third
parties.
Reselling of any Company services including, but not limited to,
design services, updates, and WTD to third parties without a
written re-seller agreement.
Spamming and all other forms of unsolicited messages including,
but not limited to, spam, chain letters, and junk email.
Offensive or otherwise distasteful material.
Any other content or subject matter that, in our sole
discretion, does not align with our values.
DISCLAIMER OF WARRANTIES
No Guarantees: You acknowledge and agree that
we make no specific guarantee or warranty regarding our Service.
We do not warrant the effectiveness of the marketing strategies,
an increase in traffic, leads, or sales, or the performance of
any specific digital marketing campaigns. We do not warrant that
our services will meet your requirements, be uninterrupted,
timely, secure, or error-free, but we will promptly act to
correct errors once they have been identified.
Disclaimer of Warranties: TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, OR STATUTORY.
LIMITATION OF LIABILITY
Limitation of Liability: TO THE FULLEST EXTENT
PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS,
LOSSES, DAMAGES, OR EXPENSES ARISING OUT OF OR RELATING TO THE
USE OF OUR SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL AMOUNT
OF FEES YOU HAVE PAID TO US FOR ALL SERVICES WITHIN THE PAST
YEAR PRECEDING THE DATE THE CLAIM AROSE. THIS LIMITATION OF
LIABILITY APPLIES TO ANY AND ALL CLAIMS, INCLUDING BUT NOT
LIMITED TO, THOSE ARISING FROM ERRORS, OMISSIONS, INTERRUPTIONS,
DEFECTS, DELAYS, OR ANY OTHER CAUSE. IN NO EVENT SHALL WE BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS,
REVENUE, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Liability for Third Parties: We disclaim any
and all liability for any acts or omissions of third parties,
including, but not limited to, third-party search engines,
social media platforms, and any other online service we utilize
on your behalf. We are not responsible for any issues, errors,
interruptions, defects, delays, or damages of any kind caused by
these third parties. This includes, but is not limited to, any
loss of data or service outages that may arise from the use of
these third-party services.
MUTUAL INDEMNIFICATION
Each party ("Indemnifying Party") agrees to indemnify, defend, and
hold harmless the other party ("Indemnified Party"), its affiliates,
and their respective directors, officers, employees, and agents from
and against any and all claims, losses, damages, liabilities, costs,
and expenses (including reasonable attorney's fees) arising out of
or related to any third-party claim alleging that the Indemnifying
Party's performance of its obligations under this agreement
infringes or violates any copyright, trade secret, trademark,
patent, invention, or any other nondisclosure rights of any third
party, provided that the Indemnified Party: (a) promptly notifies
the Indemnifying Party in writing of the claim; (b) grants the
Indemnifying Party sole control of the defense and settlement of the
claim; and (c) provides the Indemnifying Party with all reasonable
assistance, at the Indemnifying Party's expense.
FORCE MAJEURE
We shall not be liable for any failure or delay in performing our
obligations under this agreement if such failure or delay is caused
by circumstances beyond our reasonable control, including but not
limited to acts of God, natural disasters, pandemics, war,
terrorism, civil disturbances, governmental actions, strikes or
labor disputes, power outages, internet disruptions, or any other
cause not within the reasonable control of either party.
ASSIGNMENT
Company may assign, delegate or subcontract any rights or
obligations in these Terms to an affiliate or subsidiary without
your prior approval or consent.
MISCELLANEOUS
Governing Law and Venue: These Terms and any
disputes arising out of or related to it or the Services will be
governed by and construed in accordance with the laws of the
State of Florida, without regard to its conflict of law
principles. All or a substantial part of the Services will be
performed in Broward, Florida, therefore, the parties agree the
venue for any disputes shall be in that county.
Changes to Terms: The Terms may be
changed from time to time and updated on our website. The
Terms in effect at the time you purchased a Service package will
apply to that Service package.
Severability:
If any provision of this Agreement is found to be illegal,
invalid, or unenforceable, that provision shall be construed as
closely as possible to the original intent to the maximum extent
permitted by law. If the provision cannot be construed to be
legal, valid, and enforceable, it shall be severed from this
Agreement, and the remaining provisions shall continue in full
force and effect.
Notice: Any notice under these Terms will be
effective if sent to you at the email you provided when you
purchased the Services, unless subsequently updated in writing,
and if to us, to contact@pixelfootprint.digital.
Entire Agreement: These Terms together with the
content on the website at the time of your purchase constitute
the entire agreement between the parties regarding the subject
matter hereof and supersedes all prior oral and written
agreements, understandings, and representations unless there is
another writing that references these Terms and explicitly
stating that it is an addendum to or modification of this Terms
or expressly incorporating these Terms.