Terms of Service
Last updated
These Terms & Conditions ("Agreement") govern the provision of digital and IT services to customers ("Client") in accordance with Australian law.
Services are provided by either PIXELVERSE DIGITAL (ABN 46 560 478 829, sole trader) or PERSPECTIVE GLOBAL PTY LTD (ACN 697 873 368, ABN 34 697 873 368), each referred to individually as "Provider" or "PIXELVERSE DIGITAL" as the context requires. The applicable legal entity for each engagement is specified in the relevant proposal or agreement. By engaging PIXELVERSE DIGITAL services, the Client agrees to be bound by this Agreement.
Services
1.1PIXELVERSE DIGITAL provides digital and IT solutions, including but not limited to: Web design and development, E-commerce store setup and management, Custom artificial intelligence systems and integrations, Infrastructure support and technical maintenance, Custom project development and consulting.
1.2Services are offered as: One-time projects (flat fee), Ongoing subscriptions (monthly or yearly) based on selected plan tiers.
1.3Specific inclusions, features, and timelines for each project will be documented in a written quote or proposal accepted by both parties before any work begins.
Proposals, Invoices, and Payments
2.1A written quote or proposal will be issued outlining the scope of work, timeline, cost, and deliverables.
2.2A 50% upfront payment (initial deposit) may be required before any work starts, which will be outlined in the proposal. This is non-refundable once work has commenced.
2.3For one-time services, the remaining 50% is due upon completion, before handover.
2.4Ongoing services (monthly or yearly) are charged automatically based on the selected plan, unless cancelled in accordance with this Agreement.
2.5All prices are in AUD and exclusive of GST (unless stated otherwise). Accepted payment methods include bank transfer, credit card, and other standard gateways via Stripe or PayID (excluding cryptocurrency). Depending on the cost, you may be responsible for any transaction fees.
2.6Late payments may incur a 15% monthly interest fee or the maximum permitted by law. Services may be paused or terminated until payment is received.
Delivery and Revisions
3.1Deliverables are shared via email or other communication platforms as agreed with the client.
3.2Some services, including web design & development, infrastructure management or custom development, may require additional delivery methods or tools, which will be specified in the proposal.
3.3Revisions are included based on your plan: Ongoing plans include a specific number of revisions per month (varies by tier). One-time services do not include revisions unless specified in the agreement.
3.4Major changes or additions beyond the scope of the original quote are considered extra work and will be quoted separately before proceeding.
Support and Maintenance
4.1Clients on ongoing plans receive continued support and maintenance services as part of their subscription.
4.2Support hours are generally Monday to Friday, 9:00am - 5:00pm ACST (Adelaide time). We aim to respond within 1-2 business days, depending on the plan tier. Urgent issues will be prioritized and may be addressed outside of our normal hours.
4.3We do not guarantee support for third-party tools or services unless previously agreed in writing.
Cancellations and Refunds
5.1The 50% deposit for one-time projects is non-refundable once any work begins.
5.2If a project is cancelled after the deposit: If work is 50% complete, a 50% refund of the remaining balance may be issued. If work is completed, no refund will be given. Ongoing services can be cancelled at any time, but no partial month/year refunds are given.
5.3Refunds are not offered for delivered services unless required under Australian Consumer Law.
Intellectual Property and Licensing
6.1PIXELVERSE DIGITAL retains full copyright ownership of all original designs, code, systems, and deliverables unless otherwise agreed. Payment may be required to transfer ownership rights.
6.2Upon full payment, you receive a non-exclusive, non-transferable license to use the deliverables for your business use.
6.3We do not reuse any proprietary client work without explicit permission. Shared libraries, code snippets, or frameworks may be reused unless they were developed solely for your use.
6.4You will still own all content you provide (e.g. text, images, logos). You are responsible for ensuring you have the rights to use any third-party content included in your project.
Hosting and Account Management
7.1We offer optional hosting services from third-parties. Clients may also host their site with a provider of their choice.
7.2PIXELVERSE DIGITAL can assist with managing third-party accounts such as domain registrars, hosting services, backend services, etc., upon request.
7.3You retain ownership of your domain and accounts. If required, we will transfer access or credentials upon project completion.
Privacy and Data
8.1PIXELVERSE DIGITAL does not collect, process, or store personal data from your users unless clearly stated in the project scope.
8.2Clients are responsible for compliance with applicable data privacy laws (e.g. GDPR, CCPA, Australian Privacy Act) on their websites or apps.
8.3We can assist with implementing privacy policies, cookie consent banners, and data protection measures as part of your project.
8.4If PIXELVERSE DIGITAL is required to access or handle user data, a separate data handling agreement may be required.
Portfolio and Public Attribution
9.1By engaging our services, you grant us permission to display completed projects in our portfolio, social media, and marketing materials.
9.2We will not publish confidential or sensitive information (e.g. sales stats, internal documents) without your written consent.
Acceptable Use
10.1Clients may not use PIXELVERSE DIGITAL services for any unlawful, malicious, or unethical activities. This includes: Attempting to hack, exploit, or access systems without permission. Sharing or distributing malware, spyware, or ransomware. Violating intellectual property laws. Sending unsolicited messages or spam. Using our services to harm or disrupt any third-party system.
10.2We may suspend or terminate your service without notice if any prohibited activity is detected.
Confidentiality
11.1Both parties agree to keep all non-public information (e.g. business plans, contact information, source files) confidential and not share it with third parties.
11.2This obligation remains in effect even after this Agreement is terminated.
Limitation of Liability
12.1PIXELVERSE DIGITAL will not be liable for any indirect or consequential damages (e.g. lost revenue, loss of data, or downtime).
12.2Where required by law, our liability is limited to: Reperforming the service, or Refunding the price paid for the service.
Indemnification
13.1You agree to indemnify and hold PIXELVERSE DIGITAL and its team harmless against any third-party claims, legal actions, or losses arising from your use of our services, breach of this Agreement, or unlawful activity.
Termination
14.1Either party may terminate this Agreement with written notice if the other party breaches a material term and fails to correct it within 30 days.
14.2All fees due up to the termination date must be paid immediately.
14.3Upon termination, we will deliver any completed work up to that point, subject to payment.
Dispute Resolution
15.1This Agreement is governed by the laws of South Australia.
15.2In the event of a dispute, both parties agree to attempt a resolution through direct discussion.
15.3If unresolved, the dispute must be submitted to mediation in Australia before pursuing litigation.
Changes to These Terms
16.1We may update these Terms at any time. The latest version will always be posted at https://pixelverse.tech/legal/tos or provided upon request.
16.2If you have any questions about these Terms, please contact us at support@pixelverse.tech.
16.3Continued use of our services after changes are posted means you accept the updated terms.