Website Design & Development Subscription Agreement
This Website Design & Development Subscription Agreement (“Agreement”) is made between Pixolite Ltd. (“Provider”) and the “Client” (collectively, the “Parties”) upon the first successful payment processed through Stripe.
1. Definitions
1.1 “Services” refers to the website design and development services provided by Pixolite Ltd. to the Client as outlined in this Agreement.
1.2 “Subscription Fee” is the monthly or annual payment as per the Client’s selected plan.
1.3 “Initial Term” means the initial 12-month period of the Agreement.
1.4 “Renewal Term” means any additional period after the Initial Term, renewed automatically unless terminated as per this Agreement.
2. Agreement Overview
This Agreement outlines the terms and conditions for the subscription-based website design and development services provided by Pixolite Ltd. to the Client on a 12-month initial contract, with automatic renewal.
3. Scope of Services
Based on the Client’s selected plan (Basic Plan, Business Plan, E-commerce Plan, or Enterprise Plan), Pixolite Ltd. will provide the following services:
- Design and Development of Website
- Hosting and Maintenance
- Security/SSL Certificate
- Backups
- Revisions (as per plan allowances)
- Software Assurance
- Additional features per specific plan (e.g., Payment Gateway Integration, Product Management System)
Detailed information about the specific features provided in each plan can be found on the Pricing Guide provided by Pixolite Ltd.
4. Payment Terms
4.1 Subscription Fee: The Client agrees to pay Pixolite Ltd. the monthly subscription fee as per the chosen plan: £50, £159, £399, or £1,299.
4.2 Billing Cycles: Payment will be processed through Stripe monthly, or as an annual upfront payment if preferred by the Client.
4.4 Duration and Ownership:
- The initial contract term is 12 months.
- Ownership of the website will remain with Pixolite Ltd. until the completion of the 12-month period. Once the Client has completed the initial 12-month term, full ownership will be transferred to the Client.
- After the initial 12-month period, the Client can continue to subscribe for ongoing maintenance, hosting, and updates on a rolling monthly basis or renew annually.
4.5 Renewal:
- The subscription will automatically renew after the 12-month term unless the Client provides a written cancellation notice at least 30 days before the renewal date.
- Upon renewal, the Client can continue to receive services per their original or upgraded plan. Subscription pricing and features may be updated for the renewal period, and Pixolite Ltd. will notify the Client of any changes 60 days prior to the renewal.
5. Client’s Right to Change Plans
5.1 The Client has the right to upgrade or downgrade their subscription plan at any time during the contract term. The rate and features of the new plan will apply starting from the next billing cycle.
5.2 Any upgraded services or additional costs associated with the new plan will be billed accordingly.
6. Service Availability and Maintenance
6.1 Pixolite Ltd. will ensure the website remains operational and up-to-date based on the services included in the Client’s selected plan.
6.2 Downtime Policy: Scheduled maintenance or downtime will be communicated in advance to the Client to avoid disruption.
6.3 Maintenance checks, software assurance, and backups will be conducted as per plan specifications.
6.4 Response Time for Support Requests: Pixolite Ltd. will respond to support requests within an average of 1-2 business days.
7. Ownership, License, and Transfer of Rights
7.1 Ownership:
- During the first 12-month period, the website remains the property of Pixolite Ltd.
- After the 12-month term, upon full payment, the Client will obtain complete ownership and rights to the website content, excluding any third-party plugins, stock images, or licensed software that may require separate licensing or renewals.
7.2 Intellectual Property License:
- Pixolite Ltd. grants the Client a non-exclusive, revocable license to use the website during the first 12 months. Upon completion of the initial term, the Client will hold a perpetual license to use the website.
7.3 Third-Party Licenses:
- Any third-party licenses (e.g., plugins, stock images, integrations) used in the development of the website may be subject to separate licensing fees or renewals not covered by this Agreement.
8. Revisions and Support
8.1 Pixolite Ltd. offers a set number of revisions per month based on the plan. Any additional revisions will be charged at £50 per hour, unless otherwise stated in the plan.
8.2 Clients are encouraged to submit revision requests in a timely manner to ensure smooth updates and improvements.
9. Limitation of Liability
9.1 Pixolite Ltd. shall not be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the website, including lost data, lost profits, or interruption of business, even if advised of the possibility of such damages.
9.2 Pixolite Ltd.’s total liability shall not exceed the total amount paid by the Client under this Agreement during the Initial or Renewal Term.
10. Termination and Cancellation
10.1 Termination by the Client:
- The Client may cancel this Agreement by providing written notice 30 days before the end of the initial or renewal term.
- Early termination by the Client before the end of the initial 12-month term may result in an early termination fee equal to the remaining monthly payments due under the Agreement.
10.2 Termination by Pixolite Ltd.:
- Pixolite Ltd. reserves the right to terminate this Agreement if the Client fails to make payment within 30 days of the due date or if the Client violates any terms of this Agreement.
- Upon termination, Pixolite Ltd. will revoke access to the website until any outstanding payments are settled.
11. Data and Privacy
Pixolite Ltd. agrees to protect any personal data provided by the Client in compliance with the Data Protection Act 2018 and the UK GDPR. The Client’s data will only be used for purposes directly related to this Agreement and will not be shared with third parties without explicit consent.
12. Force Majeure
Neither Party shall be liable for delays or failure to perform any part of this Agreement due to events beyond its reasonable control, including but not limited to natural disasters, war, or internet outages.
13. Entire Agreement
This Agreement constitutes the entire agreement between the Parties concerning the subject matter and supersedes all prior agreements or understandings. Any modifications to this Agreement must be in writing and agreed upon by both Parties.
14. Severability
If any provision of this Agreement is deemed unenforceable or invalid, the remaining provisions will continue in full force and effect.
15. Modification of Terms
Any amendments to this Agreement must be documented in writing and signed by both Parties to be effective.
16. Client Responsibilities
The Client agrees to provide timely feedback, approvals, and any necessary content for the website to ensure the project timeline is maintained.
17. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Northern Ireland.
18. Acceptance of Terms
By completing the first payment through Stripe, the Client acknowledges and agrees to the terms and conditions outlined in this Agreement. This payment constitutes acceptance of the Agreement without requiring a physical or electronic signature.
Pixolite Ltd. Contact Information:
- Website: www.pixolite.com
- Email: info@pixolite.com
Client Acknowledgement
By initiating the first Stripe payment, the Client agrees to the terms and conditions of this Website Design & Development Subscription Agreement.