These Terms & Conditions ("Agreement") govern the provision of IT services by PixelVerseIT ("Company") to its customers ("Client") in accordance with Australian law. By availing of the services provided by PixelVerseIT, the Client agrees to be bound by the terms and conditions outlined in this Agreement.
1. Services
1.1 PixelVerseIT provides a range of IT services, including IT support, web development, e-commerce solutions, and online packages. The specific details of the services to be provided will be outlined in a separate agreement or proposal between PixelVerseIT and the Client.
1.2 The services will be performed with reasonable care, skill, and expertise in accordance with the Australian Consumer Law and industry standards.
2. Payment
2.1 The Client shall pay PixelVerseIT for the services rendered based on the agreed pricing and payment terms specified in the separate agreement or proposal. All fees and charges are inclusive of any applicable Goods and Services Tax (GST) unless otherwise stated.
2.2 Payment shall be made in the currency specified by PixelVerseIT and can be made via various payment methods, excluding cryptocurrency. The Client agrees to bear any additional transaction fees associated with the chosen payment method.
2.3 In the event of late payment, PixelVerseIT reserves the right to charge interest at a rate of 15% per month or the maximum rate allowed by the Australian law, whichever is lower. PixelVerseIT may also suspend or terminate services until outstanding payments are settled.
2.4 Any additional services, changes, or modifications requested beyond the scope of the original agreement may result in additional charges, and PixelVerseIT will provide a written estimate for the Client's approval before proceeding.
3. Support and Maintenance
3.1 PixelVerseIT may provide support and maintenance services for the solutions delivered to the Client, as outlined in the separate agreement or proposal. Support services may be subject to specific terms, response times, and service level agreements, which will be detailed separately.
3.2 PixelVerseIT shall not be responsible for supporting or maintaining any third-party products, applications, or services used in conjunction with the solutions provided unless explicitly agreed upon in writing.
4. Prohibited Activities
4.1 The Client agrees not to use PixelVerseIT's services for any illegal, fraudulent, or unauthorized activities, including but not limited to:
- Unauthorized access to computer systems, networks, or data.
- Distribution of malware, viruses, or any malicious software.
- Violation of intellectual property rights.
- Spamming, phishing, or any form of unsolicited communication.
- Any activity that may disrupt or impair the functionality or security of PixelVerseIT's systems or networks.
4.2 PixelVerseIT reserves the right to suspend or terminate services immediately and without prior notice if the Client engages in prohibited activities.
5. Data Protection and Privacy
5.1 PixelVerseIT may collect and process personal data from the Client as required for the provision of services. The collection, use, and protection of personal data shall be subject to PixelVerseIT's Privacy Policy, which can be found on the company's website and complies with the Australian Privacy Principles.
5.2 The Client agrees to comply with all applicable data protection and privacy laws and regulations, including obtaining any necessary consents from individuals whose personal data may be processed through the use of PixelVerseIT's services.
6. Warranties and Guarantees
6.1 PixelVerseIT guarantees that its services will be performed with reasonable care, skill, and expertise in accordance with the Australian Consumer Law and industry standards.
6.2 PixelVerseIT does not provide any warranties or guarantees regarding the success, profitability, or specific outcomes resulting from the use of its services.
6.3 The Client acknowledges that any guarantees related to the satisfaction, functionality, or performance of the solutions delivered may be subject to specific terms and conditions outlined in the separate agreement or proposal.
7. Intellectual Property
7.1 Unless otherwise agreed upon in writing, any intellectual property rights associated with the deliverables provided by PixelVerseIT, including but not limited to software, code, designs, and documentation, shall remain the property of PixelVerseIT.
7.2 Upon full payment of the fees specified in the separate agreement or proposal, PixelVerseIT grants the Client a non-exclusive, non-transferable license to use the deliverables solely for its internal business purposes, unless otherwise specified.
8. Limitation of Liability
8.1 PixelVerseIT shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of its services, including but not limited to loss of data, profits, or business interruption, except to the extent required by the Australian Consumer Law.
8.2 In the event that PixelVerseIT is found liable for any loss or damage under the Australian Consumer Law, its liability shall be limited to the cost of re-supplying the services or the payment of the cost of having the services supplied again.
9. Indemnification
9.1 The Client agrees to indemnify, defend, and hold harmless PixelVerseIT, its officers, directors, employees, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising out of or related to the Client's use of PixelVerseIT's services, violation of this Agreement, or infringement of any third-party rights.
10. Confidentiality
10.1 Both parties agree to treat all non-public information received from the other party as confidential and shall not disclose or use such information for any purpose other than as necessary to fulfill their obligations under this Agreement or with the disclosing party's prior written consent. This obligation of confidentiality shall survive the termination of this Agreement.
11. Termination
11.1 Either party may terminate this Agreement with written notice if the other party fails to cure a material breach within thirty (30) days of receiving written notice specifying the breach.
11.2 Upon termination, the Client shall promptly pay all outstanding fees and expenses incurred up to the termination date.
12. Governing Law and Dispute Resolution
12.1 This Agreement shall be governed by and construed in accordance with the laws of Australia, and any disputes arising out of or in connection with this Agreement shall be subject to the non-exclusive jurisdiction of the courts of Australia.
12.2 The parties shall attempt to resolve any disputes arising from or relating to this Agreement through good-faith negotiations. If the parties are unable to reach a resolution, the dispute shall be referred to mediation in accordance with the rules of a recognized mediation service in Australia before resorting to litigation.
13. Entire Agreement and Amendment
13.1 This Agreement constitutes the entire agreement between PixelVerseIT and the Client and supersedes any prior agreements, whether written or verbal, relating to the subject matter herein.
13.2 No modification or amendment to this Agreement shall be valid or binding unless agreed upon in writing by both parties.