These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 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. 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.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Prices for Woo Pixel’s Services and Woo Pixel’s hourly rate can change at any time at Woo Pixels sole and exclusive discretion. Woo Pixels is a service provider and charges for its time working on your project. Please request and verify your project cost before starting any work with Woo Pixels to ensure you understand how we bill for our time. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering. Hourly maintenance MUST BE PREPAID.
Each project has a unique payment terms/installments plan for when payment triggers are reached. But as a standard Woo Pixels policy, the Client will agree to pay all invoices upon receipt (By Due Date). Woo Pixels will not work as an investor or do any FREE work in exchange for shares or partnership.
In the event payment is not made by the Due Date, the following actions will take place:
Before beginning our work, Woo Pixels can provide a detailed hourly/cost estimate for the client to approve. The client MUST supply an accurate, WRITTEN description of tasks and scope of items to be done. If the scope changes or additional items are added, Woo Pixels can and will bill for the extra time and effort put into your project and requests.
You agree that you will pay for the Services, and that WOO PIXELS may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING WOO PIXELS WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. All support packages require a 30-day cancellation notice. You can notify via email @ email@example.com
Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.
You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse Woo Pixels for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold Woo Pixels harmless for any liability relating to such action.
Specific terms and scenarios are outlined as such: Website Design Projects
Either party may terminate or cancel this agreement with or without cause, by providing at least
(7) days written notice to the other party.
If, at the time of the request for termination, work has been completed beyond the amount covered by the initial payment, the Client shall be liable to pay for all work completed up to that point. An invoice will be sent along with a detailed log of work performed for the client. The invoice will be due upon receipt.
NO PORTION OF ANY PAYMENTS MADE TO WOO PIXELS WILL BE REFUNDED unless written application is made within 7 DAYS of signing this contract, regardless of the amount of work performed.
All materials that the Client submitted to the Woo Pixels will be returned once the refund has been resolved; within 7 days.
Cancellation can occur at anytime for our support or marketing packages. You are never required to stay with Woo Pixels – if you find Woo Pixel’s services unsatisfactory, all we ask is you provide us with feedback for how we can better serve you prior to moving to a different service provider.
You are responsible for canceling your automatic billing/payment subscription, by giving us a 30-day notice, BEFORE THE DAY IT IS DUE. The automatic billing date is the 1st of each month, unless otherwise specified in the agreement. You can contact Woo Pixels at any time to be informed the day your credit card is charged. If your payment is due during that 30-day notice, you will be responsible for that payment.
Woo Pixels may terminate or suspend any and all Services and/or your Woo Pixel’s account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Woo Pixel’s account, contact us with your termination request. 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.
You can contact us through the contact page or support area to issue a termination request.
Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by the client, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. Woo Pixels will provide written proof, upon request of the client, that any such materials and services, are non cancelable.
If, upon termination, there exist any materials furnished by Woo Pixels or any services performed by Woo Pixels for which the client has not paid Woo Pixels in full, until such time as you have paid Woo Pixels in full, the client agrees not to use any such materials, in whole or in part, or the product of such services.
Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by the Client to Woo Pixels, Woo Pixels shall transfer, assign and make available to the Client all property and materials in its possession or control belonging to the Client. The Client agrees to pay for all costs associated with the transfer of materials.
The client has the right to modify, reject, cancel or stop any and all plans or work in process. However, the client agrees to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action.
All materials that the Client submitted to the Woo Pixels will be returned once the refund has been resolved; within 7 days.
You may terminate or cancel your Hosting Service by giving WOO PIXELS 30-days written notice by emailing us at firstname.lastname@example.org OR a letter to our business address located at:
675 Town Square Blvd.
Suite #200, Building 1A
Garland, TX 75040
In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) WOO PIXELS may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement. Please note, if you have a website(s) or mobile application(s) on our hosting plan, you will be charged a migration fee to move your website(s) and/or mobile application(s) to another server, unless you choose to do it yourself.
Once we receive your cancellation request and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. If you do not hear back from us, please contact us immediately.
Websites can and do get hacked frequently. Woo Pixels recommends a variety of ongoing security monitoring services to help protect your website and users visiting your website.
WOO PIXELS, its agents and service representatives will do everything within our ability to ensure that our customers are satisfied with the results of our service. WOO PIXELS offers our spyware and virus removal service as is. We believe business should be conducted honestly, fairly and be subject to reasonableness. We strive to provide the highest quality of service. We cannot guarantee specific results for our services, but will operate under the principles stated above and expect you to do the same.
We wish to inform our customers that spyware and/or virus removal is not risk free. It is due to the risks involved and the unpredictable nature of removing spyware and viruses that WOO PIXELS strongly recommends that you back up all your valuable personal/business data before the attempt is made to remove any malicious software. This is because some spyware or viruses can be programmed to intentionally damage your computer in the event someone attempts to remove it. We are extremely careful to attempt spyware/virus removal without loss of data, but no attempt to remove these programs is immune from risk. Therefore, a data backup prior to spyware removal is essential to protect your irreplaceable personal/business data from potential loss. We want to reassure you that the overwhelming majority of system repairs we perform will not result in any major problems, but we must make you aware and informed of what can potentially happen in a worst case scenario. We do not want to heighten your fears or reduce your enthusiasm for removing malicious software from your machine. We just want to maximize the likelihood that your valuable data will survive the process.
Removing malicious software is an unpredictable endeavor that can have widely varying results that depend largely on the coding of the programs themselves. While having a solid track record of safely removing malicious software from many websites, WOO PIXELS cannot provide you with a guarantee that we can remove all malicious software safely with no resulting data loss or loss of hardware functionality. This is because there are literally thousands of malicious software packages making their way to machines all over the world and they each behave differently, dependent on what their creator wants the program to do. Some malicious software packages merely serve annoying pop-up ads to the end-user and are easily removable with little risk. Others are more invasive in nature, such as trojans, malware, etc. and can be severe security risks for your data and users visiting your website. Some are coded to destroy data or eliminate system functionality if the user attempts to remove them. Due to this unpredictable nature of the spyware/viruses that may reside on your system, it is possible that the attempted removal of these programs may result in any number of unwanted results. These unwanted results may include the destruction of hard drives, the loss of functionality of various peripherals, the loss of vital system data requiring a reformat of your hard drive and reinstallation of the operating system to restore system functionality, the loss of valuable personal data, breaking of your website, etc. But again, such problematic situations are the exception, not the rule.
By working with WOO PIXELS, you acknowledge that you have been notified of and accept the potential risks detailed and have been advised by WOO PIXELS to back up your data.
CLIENT agrees to release and hold harmless WOO PIXELS from any and all liability associated with the performance of service, and acknowledges also that WOO PIXELS offers no explicit or implied warranty or guarantee on services performed. The foregoing limitation of liability shall apply whether any claim is based on principles of contract, warranty, negligence or other tort, breach of any statutory duty, indemnity, contribution, the failure of any limited or exclusive remedy to achieve its essential or intended purpose of otherwise. CLIENT additionally understands and agrees that this acknowledgment of risk and hold harmless is intended to be as broad and inclusive as permitted by the laws of the State of Texas. If any portion hereof is held invalid, CLIENT agrees that the balance shall continue in full legal force and effect. Further:
By purchasing a virus/spyware removal service or a system security tutorial, CLIENT indicates that he/she has read and understands, and agrees to the terms and conditions of this Release of Liability form. CLIENT may print this page to have a copy of this agreement for themselves.
By signing working with WOO PIXELS, you fully acknowledge and understand these terms and your duty as a client for hosting, virus removal, and hacker prevention.
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service when your purchase a contract length hosting plan, otherwise there will be an additional one-time fee to migrate your website and/or mobile application. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. In no event shall WOO PIXELS be held liable for any lost or missing data or files resulting from a transfer to or from WOO PIXELS. You are solely responsible for backing up your data in all circumstances.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Woo Pixels Content”), are the proprietary property of WOO PIXELS or WOO PIXELS’ licensors. WOO PIXELS Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any WOO PIXELS Content. Any use of WOO PIXELS Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any WOO PIXELS Content. All rights to use WOO PIXELS Content that are not expressly granted in this Terms and Conditions are reserved by WOO PIXELS and WOO PIXEL’S licensors.
Woo Pixels can provide no guarantee, either express or implied, about your website ranking on a certain page or for specific ranking results. Google, Bing, and other search engines have proprietary formulas that Woo Pixels does not have access to and is unable to have control over these results.
Woo Pixels can and will provide best-practices and its professional expertise and judgement to execute search engine results that have shown to have positive effects on websites and search results.
Search results and search algorithms frequently change and update, and we must adjust our work and scope accordingly. At times, our scope of work and strategy CAN AND WILL CHANGE in order to stay updated with best practices provided by search providers (Google, Bing, etc).
By signing-up for Woo Pixel’s SEO services, you are contracting us to assist, consult, and implement some of these strategies on to your site. Woo Pixel’s SEO services are fee-based, and the price you pay each month is will be for the same amount unless the Client opts to change plans. We CAN NOT GUARANTEE ANY SPECIFIC RANKING RESULTS FOR YOUR SITE.
By allowing us to provide any Support or Services, you acknowledge and agree that WOO PIXELS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
Phone: (972) 559-0677
Address: 675 Town Square Blvd. Suite # 200, Garland, TX 75040