I. Happy Pixel Media Terms and Conditions
Last Updated: [10 March, 2023]
Welcome to Happy Pixel Media! These terms and conditions outline the rules and regulations for the use of our website, located at https://happypixelmedia.com/.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use Happy Pixel Media if you do not agree to all of the terms and conditions stated on this page.
1. Intellectual Property Rights
Unless otherwise stated, Happy Pixel Media and/or its licensors own the intellectual property rights for all material on this website. All intellectual property rights are reserved. You may view and/or print pages from https://happypixelmedia.com/ for your own personal use subject to restrictions set in these terms and conditions.
You are specifically restricted from all of the following:
- Publishing any website material in any other media.
- Selling, sub licensing, and/or otherwise commercialising any website material.
- Publicly performing and/or showing any website material without proper attribution.
- Using this website in any way that is or may be damaging to this website.
- Using this website in any way that impacts user access to this website.
4. Limitation of Liability
In no event shall Happy Pixel Media, nor any of its officers, directors, and employees, be held liable for anything arising out of or in any way connected with your use of this website, whether such liability is under contract. Happy Pixel Media, including its officers, directors, and employees, shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this website.
5. Variation of Terms
Happy Pixel Media is permitted to revise these terms at any time as it sees fit, and by using this website, you are expected to review these terms regularly.
6. Governing Law & Jurisdiction
These terms will be governed by and construed in accordance with the laws of United Kingdom, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Brighton for the resolution of any disputes.
7. No Derogatory Comments and Cease Harassment
We uphold a commitment to maintaining a high standard of work and value the reputation of Happy Pixel Media. By entering into a contract with Happy Pixel Media, you agree not to make any critical or derogatory comments about our company to any third party, and you will refrain from publishing such comments, whether on a website, via the Internet, or through any other medium. Any violation of this clause may lead to legal proceedings being initiated against you.
Additionally, any repetitive harassment or unwarranted litigation-related communication through email will not be tolerated. In the event of legitimate legal matters, we request that you contact our attorney for further assistance. Please request the attorney’s contact information if needed.
7. Contact Information
If you have any questions about these Terms and Conditions, please contact us at [firstname.lastname@example.org].
II. Limitation of Control – Website Build, SEO, and Search Engine Ranking
Welcome to Happy Pixel Media’s Web Design and SEO Services. Please read the following terms and conditions carefully. By engaging with us for website build and SEO services, you acknowledge and agree to the following limitations regarding our control over certain aspects of the project.
1. Website Build
Happy Pixel Media agrees to provide web design and development services as outlined in the project proposal or agreement. While we strive to create a functional and aesthetically pleasing website, we cannot guarantee the performance, functionality, or success of the website due to factors beyond our control, including but not limited to:
- Hosting services and server performance.
- Third-party plugins or software updates.
- Changes to web browsers or devices that may impact site compatibility.
2. SEO (Search Engine Optimisation)
Happy Pixel Media will make reasonable efforts to optimise the website for search engines as outlined in the project proposal or agreement. However, we cannot guarantee specific results or rankings on search engines, as search algorithms are controlled by third parties and subject to frequent changes. Factors such as industry competition, market dynamics, and search engine updates are beyond our control.
3. Search Engine Ranking
While SEO efforts will be made to enhance the website’s visibility on search engines, Happy Pixel Media cannot guarantee specific rankings on search engine results pages (SERPs). Rankings are influenced by various factors, including but not limited to:
- Competitor activities.
- Changes in search engine algorithms.
- User behavior and preferences.
4. External Factors
Happy Pixel Media is not responsible for external factors that may affect the website’s performance, SEO, or search engine ranking. These factors include but are not limited to:
- Changes in search engine policies.
- Industry trends and market shifts.
- External backlink strategies and activities.
5. Continuous Monitoring and Adjustments
While we will make reasonable efforts to monitor and adjust the website and SEO strategies, the dynamic nature of the digital landscape requires ongoing attention. We will provide recommendations for improvements, but the client acknowledges that the effectiveness of such recommendations may be influenced by external factors beyond our control.
6. Client Collaboration
The client agrees to collaborate and provide necessary information and approvals promptly. Delays caused by the client may impact the success of the website and SEO efforts.
III. Web Design and Development Terms and Conditions
Welcome to Happy Pixel Media’s Web Design and Development Services. Please read the following terms and conditions carefully. By engaging with us for website build and development services, you acknowledge and agree to the terms outlined below.
1. Website Build and Deployment
Happy Pixel Media agrees to provide web design and development services as outlined in the project proposal or agreement. Upon successful deployment, the client is entitled to a one-month warranty period during which any functional issues or errors discovered will be addressed at no additional cost.
2. Monthly Support Package
After the initial one-month deployment period, the client is required to subscribe to a monthly support package consisting of 2-4 hours of support each month. This support package is designed to maintain the optimal performance of the website, address any emerging issues, and provide assistance as needed. All clients are automatically enrolled in the 4-hour monthly support package unless otherwise specified.
3. Limited Liability without Support Contract
Following the one-month deployment and in the absence of an active monthly support package, Happy Pixel Media’s liability for functional issues or errors is limited. Without a support contract, the client understands and accepts that resolution of issues will be subject to availability and billed at standard hourly rates.
4. Support Package Benefits
Clients with an active monthly support package receive priority assistance and benefits, including but not limited to:
- Expedited response times.
- Regular system check-ups.
- Proactive identification and resolution of potential issues.
- Priority scheduling for updates and improvements.
5. Questions and In-Depth Changes
Happy Pixel Media welcomes quick questions from clients at any time. However, for in-depth inquiries or requests for changes to the website, clients are required to submit a work contract. Responding to emails is considered part of our intellectual property and knowledge base, and in-depth discussions and changes will be documented through formal agreements.
6. Client Responsibilities
The client agrees to collaborate and provide necessary information and approvals promptly. Delays caused by the client may impact the success of ongoing support and maintenance efforts.
IV. Digital Marketing Terms and Conditions
Welcome to Happy Pixel Media’s Digital Marketing Services. Please carefully review the following terms and conditions. By engaging with us for digital marketing services, you acknowledge and agree to the terms outlined below.
1. Nature of Digital Marketing
Digital marketing is a dynamic and evolving field. While we strive to provide effective strategies and solutions, it is important to note that digital marketing is not an exact science. Results may vary, and specific outcomes cannot be guaranteed.
2. Limited Obligation to Answer Questions
While we are committed to providing support and assistance, Happy Pixel Media takes no obligation to answer all questions, even from clients, if responding requires significant time and knowledge. In-depth inquiries may necessitate formal discussions through established channels, such as consultations or contractual agreements.
3. Results Disclaimer
Results in digital marketing cannot be guaranteed. The effectiveness of strategies may be influenced by various factors, including industry dynamics, market changes, and the unpredictable nature of online platforms.
4. Keyword Performance
4.1 Keyword Guarantees: Happy Pixel Media cannot guarantee specific positions for keywords on search engine results pages. The fluctuating nature of keywords and changes in search algorithms are beyond our control.
4.2 Timeframe for Results: Any efforts to update or introduce keywords may take a minimum of six months before noticeable results are achieved. Patience is crucial as keyword positions generally fluctuate over time.
5. Client Collaboration
Clients are expected to collaborate by providing necessary information promptly. Delays caused by the client may impact the effectiveness of digital marketing efforts.
6. Third-Party Platforms
Happy Pixel Media may utilise third-party platforms for digital marketing purposes. Clients acknowledge that changes in third-party policies or algorithms may affect campaign performance.
7. Termination of Services
Either party may terminate digital marketing services with written notice. In the event of termination, the client agrees to pay for the work completed up to the termination date.
V. WordPress Maintenance Contracts Terms & Conditions
By engaging with Happy Pixel Media, you agree to be bound by the following terms and conditions:
- The Client: Any company, organization, or individual using the services of Happy Pixel Media.
- Happy Pixel Media: Refers to Happy Pixel Media and any of its partners or agents.
- Contract Cycle: A predefined duration for WordPress updates, which, under this contract, is once a month.
- Happy Pixel Media will commence work only after receiving written confirmation via email or post.
- Clients must be 18 years of age or older.
Maintenance Contracts Include:
- Monthly updates to WordPress core, plugins, and themes at the beginning of each contract cycle.
- Installation and upkeep of a WordPress security plugin for attack prevention and malicious code scanning.
- If updates cause functional issues, a rollback to the pre-update state using the latest backup will be initiated. Happy Pixel Media will then consult the Client for problem resolution.
- Daily database backups and weekly file backups.
- Does not cover content changes (text, images, pages, menus), feature additions or modifications, design changes, new plugin or theme installations, or website repairs.
- Any work needed due to problems from updates will be billed separately at Happy Pixel Media’s hourly rate after consulting with the Client.
Client Payment Obligations:
- Payments are due upfront before work commencement. Prompt payment of invoices, ideally within 15 days, is appreciated.
- Late payments may result in a work freeze until the account is settled.
- This contract can be cancelled by either party with a 30-day written notice, ensuring all payments are up-to-date. No refunds for prior payments. Outstanding payments will be charged as per the agreed method.
- Happy Pixel Media can terminate the contract at any time, with notification sent to the Client’s recorded address.
- Happy Pixel Media is not liable for any losses due to website unavailability, malfunction, or interruption.
- No guarantee of error-free work; Happy Pixel Media is not liable for any direct or indirect damages.
- If any part of this agreement is found to be unenforceable, the remainder still applies.
- The contract is non-transferable without Happy Pixel Media’s consent and remains valid indefinitely unless otherwise amended.
Termination by Admin Access Removal:
- If the Client removes Happy Pixel Media’s admin account, or alters its password, preventing Happy Pixel Media from accessing the website’s backend, this action will be considered a unilateral termination of the engagement by the Client.
- Consequences of Termination by Access Removal: From the point of access removal, Happy Pixel Media is absolved of all responsibilities relating to the website or application, as continued maintenance and protection become unfeasible.
- Financial Obligations upon Termination by Access Removal: The Client is liable for all costs incurred up to the point of termination by access removal. Happy Pixel Media reserves the right to invoice for these costs, which are due within the standard payment terms outlined in the contract.
- Notification of Access Changes: Clients are required to notify Happy Pixel Media immediately if any changes are made to Happy Pixel Media’s admin account access.
- Reinstatement Post Termination: Should the Client wish to reinstate Happy Pixel Media’s services post-termination by access removal, a new contract must be negotiated, potentially incurring additional setup fees.
- Data Security and Liability Post Termination: Following termination by access removal, Happy Pixel Media is not liable for any data breaches, security issues, or any other problems arising on the website or application.
- Record Keeping: Happy Pixel Media will keep a record of all communications and access logs, which may be used to validate the occurrence and timing of any unilateral termination actions taken by the Client.