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PixelSkye Service Agreement Terms

 

  1. Annual Infrastructure Renewal
    To ensure the website remains live and fully functional, core infrastructure services (including hosting, domain, and security features) require annual renewal. Non-renewal of these services may result in permanent loss of website content, email access, and associated data. PixelSkye is not liable for data loss or service interruption resulting from non-renewal.
  2. Content Upload and Management
    Content management will be handled exclusively by PixelSkye or by the client as guided by PixelSkye to maintain security, brand consistency, and design integrity. Unauthorized uploads may result in additional fees to restore compliance or potential access restrictions to protect site standards.
  3. Service Requests and Processing Times
    Standard requests for content updates or website modifications require a minimum of 72 hours for implementation. Priority handling for urgent requests may be available upon request, subject to an expedited service fee and team availability.
  4. Security and Maintenance Protocols
    PixelSkye performs regular security updates and infrastructure maintenance to safeguard against online threats and optimize performance. Scheduled Downtime: During these updates, brief downtime may occur, typically planned during low-traffic hours. Advance Notice: PixelSkye will notify the designated client contact at least 24-48 hours in advance for any anticipated downtime. In unforeseen situations (e.g., global network outages like the Cloudflare outage on June 21, 2022), PixelSkye will work to restore service promptly but cannot guarantee uninterrupted service.
  5. Access to Hosting and Source Code
    Hosting access and source code are available upon request and incur an additional fee. Access is granted solely at PixelSkye’s discretion to maintain system security and integrity.
  6. Intellectual Property
    PixelSkye retains the intellectual property rights to any custom code, design elements, or proprietary tools developed specifically for the client’s project until full payment is received. Upon full payment, PixelSkye grants the client a license to use these assets solely for their business purposes. Resale or redistribution of PixelSkye’s proprietary assets is prohibited unless explicitly agreed upon in a separate contract.
  7. Training and Onboarding Support
    PixelSkye offers administrative onboarding and training for an additional fee. This service includes guidance on website management to maintain functionality and security. Post-onboarding Support: Annual maintenance and support are available under separate terms, with an annual renewal requirement.
  8. Website Transfer upon Partnership Termination
    If a client requests a transfer of their website upon partnership termination, PixelSkye offers a comprehensive handover, including source code, design assets, content, and relevant documentation, for an additional transfer fee. This fee covers preparation, packaging, and secure delivery of assets.Additional Transfer Terms:

    • Scope of Delivery: Assets are provided “as-is” at the time of transfer. Post-transfer updates, maintenance, or modifications are not included and require a separate support agreement.
    • Waiver of Liability: PixelSkye is not responsible for website performance, security, or compatibility with future technologies or hosting environments after the transfer.
    • Transfer Timeline: Handover will be completed within a mutually agreed timeframe, contingent on final fee payment and settlement of any outstanding balances.
  9. Client Responsibilities and Compliance
    The client is responsible for providing accurate, complete, and timely information to enable PixelSkye to deliver services effectively. Delays in providing necessary resources (e.g., content, feedback, approvals) may impact project timelines and are not the responsibility of PixelSkye.
  10. Limitations of Liability
    PixelSkye is not liable for damages, data loss, or service interruptions caused by third-party failures, client errors, or non-renewal of services. This limitation includes any loss resulting from unauthorized access or data breaches outside PixelSkye’s control.
  11. Confidentiality
    PixelSkye will treat all client information and project details as confidential and will not disclose this information to third parties without explicit client consent, except as required for project fulfillment or by law. Both parties agree to take all reasonable measures to protect the confidentiality of shared information.
  12. Modification of Terms
    PixelSkye reserves the right to modify these terms to reflect changes in services, pricing, or technology with advance notice provided to the client.
  13. Photography, Videography, and Drone Services
    • Ownership and Usage Rights: PixelSkye retains ownership of all raw and final media files (photos, videos, and drone footage) unless a transfer is specified in a separate contract. Clients receive a license to use the final edited media for their agreed-upon purposes.
    • Drone Operations Compliance: Drone services are conducted in compliance with relevant local and federal regulations. Clients agree to inform PixelSkye of any specific requirements for drone shots on private or restricted property, as failure to obtain permissions may lead to cancellation of that part of the service.
    • Liability Waiver: PixelSkye is not liable for any damage or loss of media during transfer or due to third-party platform issues.
  14. Podcast Production and Editing
    • Content Ownership and Licensing: PixelSkye retains ownership of all raw podcast recordings and edited versions unless agreed otherwise in a separate licensing agreement. Clients are granted a non-transferable license to publish and distribute the final edited versions.
    • Content Approval and Responsibility: Final content approval is the responsibility of the client. PixelSkye disclaims liability for any statements made in the recordings and the client assumes full responsibility for public statements made.
  15. Social Media Management and Advertising
    • Platform Compliance: PixelSkye ensures all posts, ads, and other social media content meet platform guidelines. Clients agree to provide any industry-specific compliance details needed, as PixelSkye is not responsible for non-compliance beyond general platform standards.
    • Content Creation and Posting: Content created by PixelSkye is approved by the client before posting. PixelSkye assumes no liability for content outcomes, such as public feedback or engagement.
    • Ad Spend and Performance: The client is responsible for ad spend, which PixelSkye will manage based on approved budgets. PixelSkye does not guarantee specific ad performance or ROI but will optimize to the best of its abilities.
  16. Digital Asset Management
    • Storage and Organization: PixelSkye organizes and securely stores client assets, including media files, social posts, and related digital content. Clients acknowledge that asset management is subject to cloud storage provider terms, and PixelSkye is not liable for third-party storage issues.
    • Access and Delivery: Clients may request access to digital assets, subject to a retrieval and handling fee. Delivery of digital assets is done securely, but PixelSkye disclaims liability for data loss after delivery.
    • Archiving and Retention: PixelSkye retains client assets for a standard period of one year post-project completion, after which clients are responsible for their backup and storage. Extended retention periods can be arranged under a separate agreement.