TERMS AND CONDITIONS

1. CONDITIONS

By subscribing to any of the web support and maintenance plans with us (“the account”) you (“the client”) agree to be bound by these terms and conditions. These terms and conditions apply to all Pixel Junction web support and maintenance plans. They set out the basis on which we offer our services and should be read carefully.

2. INCIDENT DEFINITION 2.1An incident is defined as a single support issue with a Pixel Junction service and the reasonable effort needed to resolve it. A single support issue is a problem that cannot be broken down into subordinate parts. Pixel Junction, in its sole discretion, will determine what constitutes a support incident. Generally, a support incident is resolved when the client receives one of the following: (a) information that resolves the problem, (b) notice that the problem is caused by a known, unresolved issue or an incompatibility issue, (c) information that identifies the problem as being resolved.

2.2 Under a support plan with a limited number of support hours, each new support incident filed by the client will decrease the remaining number of eligible support time.

2.3 A service plan will run for a term of twelve months from the effective date or until all support hours are used, whichever occurs first. Pixel Junction will not provide support services beyond the end of the service plan unless your service plan is renewed on or before its termination date. Pixel Junction may terminate a service plan at any time (a) if after providing the client no less than fifteen days prior written notice, the client fails to pay fees due for a service plan, or (b) if after providing the client no less than thirty days prior written notice, the cleint fails to cure a breach of these Terms and Conditions.

3. RESPONSE TIME 3.1 Pixel Junction will endeavour to respond to a support incident within a reasonable time but does not guarantee that a response will be provided within a specific time period. All response times are measured in accordance with the service plan’s availability described on the support plan specification.

4. SERVICES 4.1 Pixel Junction reserves the right to amend the support plans provided and/ or support services covered under a support plan, at any time. Pixel Junction will not amend the support plans in a way that (i) reduces the level of effort Pixel Junction provides under the support plan, or (ii) materially impacts Pixel Junction’s obligation to deliver the support plan, or (iii) materially impacts the rights that the client receives under the support plan. For any updates that affect the client’s support plan, Pixel Junction will notify clients of the update via the electronic mail address registered by the client no less than thirty 30 days prior to it taking effect.

5. CLIENT RESPONSIBILITY 5.1 The client is responsible for all fees in establishing and maintaining email and telephone communications with Pixel Junction. Clients will cooperate with Pixel Junction when seeking support services by providing information necessary to assist Pixel Junction diagnosing an issue. The client is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. The client is solely responsible for any and all security of its confidential, proprietary or classified information. The client will not disclose to Pixel Junction confidential, proprietary or any information that is subject to intellectual property rights that may expose Pixel Junction to liability.

5.2 The client may not transfer support services to a third party. Support services are provided for the internal use of the client only, and any unauthorized distribution of the support services will be grounds for immediate termination of these Terms and Conditions. The client will take reasonable measures to prevent the unauthorized distribution and use of support services.

6. LIMITATION OF LIABILITY 6.1To the extent permitted by law, Pixel Junction and its liability under these terms and conditions is limited to the amounts paid by the client for the support plan ordered by the client. Pixel Junction cannot accept liability for losses caused by the unavailability, malfunction or interruption of the hosting service, loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

6.2 The client may not assign its rights or obligations under a support plan. Any unauthorized assignment will be void. Pixel Junction will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control. A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default. If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Terms and Conditions.

7. CANCELLATIONS 7.1 To cancel all or part of your service, we require an email from the primary account contact or a letter from the account address, requesting that all or part of the service be cancelled. Any service that you do not specifically request for cancellation will continue until we receive an official request from you in this manner.

7.2 All cancellation requests are received on the basis of a 30 day notice period. If the notice period extends beyond the next renewal date of the service or parts thereof, then a final renewal invoice will be generated, and the service that you have requested to be cancelled will be cancelled on that date. We will normally generate any final renewal invoices in the form of a monthly invoice, regardless of the historic renewal cycle of the service. If the notice period ends prior to the next renewal date of the service, we will cancel the service on the next renewal date.

7.2 All cancellation requests are received on the basis of a 30 day notice period. If the notice period extends beyond the next renewal date of the service or parts thereof, then

a final renewal invoice will be generated, and the service that you have requested to be cancelled will be cancelled on that date. We will normally generate any final renewal invoices in the form of a monthly invoice, regardless of the historic renewal cycle of the service. If the notice period ends prior to the next renewal date of the service, we will cancel the service on the next renewal date.

7.3 We will endeavour to cancel any invoices that have already been generated for services that would no longer be due for payment following your cancellation request, as long as these invoices are not due for payment according to the Billing Policy.

7.4 We will not offer a refund, and you will not expect a refund, for any cancelled services or parts thereof, regardless of the cancellation date.

7.5 All outstanding invoices on the account once the final invoices have been calculated are due for payment. Failure to pay these invoices after a cancellation may lead to the debt being referred to a debt reclamation agency to reclaim the outstanding fees if we are unable to process payment with you.

8. SITE CONTENT

Our responsibility for the support service you purchase from us does not extend to editing, adding, removing or otherwise maintaining or manipulating site content. This includes (but is not limited to) adding or removing images, files and video; editing HTML or CSS; programming tasks; development and implementation.

9. BACKUPS

Backup of your website is included in our web hosting service. The responsibility for backing up and retaining the data on our services is yours. We accept no responsibility should you require access to our backups and they cannot provide you with the data that you need. It is your responsibility to ensure that you have made backups prior to any major work, or that you can restore files, folders, databases etc. If you require us to restore from our backups we will provide you with the time periods available to you and there will be a charge for this service.

18. INDEMNITY

The customer agrees that it shall defend, indemnify, save and hold Pixel Junction harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Pixel Junction, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the customer, its agents, employees or assigns in connection with their use of the services.

PRIVACY POLICY

1. COMMUNICATION

We ask you to provide your email address to us during the signup process to be able to communicate with you. We normally send all our notifications through emails which we have for your account on our record. We also need your email address and postal address while registering a domain name for you. This is mandatory as per our domain registrar.

2. INFORMATION PROTECTION

We do not provide the information collected from you to any third party for any reason what-so-ever. However, we do have to co-operate with law enforcement agencies authorized by the government if they do ask us about the contact details we have for you.

We also use the contact information on records for you to inform you about the improvements, updates & any such relevant information to the services you have subscribed for. We never use or share the personally identifiable information provided to us in ways or for reasons unrelated to the ones described above without also providing an opportunity to opt-out or otherwise prohibit such unrelated uses.

BILLING POLICY

1. PAYMENTS 1.1 All charges are shown in GBP. Payments are to be made in GBP. We accept the following types of payment:

(a) BACS Transfer (b) Cheque 1.2 Accounts paid for would be setup only after we receive payment.

2. VAT

You agree that unless you are able to provide proof of your exemption from the requirement to pay tax, you will be charged VAT at the current UK rate.

3. COMMUNICATION

Periodically it may be necessary to contact our clients regarding account status. If the contact information provided to us is not current, it may lead to a failure to receive notices. Clients are solely responsible for keeping all personal and billing information current at all times. We are not responsible for actions that are taken as a result of a client’s failure to respond to our notices.

4. RENEWAL 4.1 We send renewal reminders 10 days before the actual renewal date. This is done so that our clients get enough time to arrange for the funds required.

4.2 We allow up to 15 days after the account has been suspended for the renewal to be paid. The account is terminated once this period of 15 days is over. Under no circumstances would a backup be provided to the client.