Welcome to the ideas2pixels website/service which is operated by ideas2pixels dba Nerdev LLC (in this Agreement, "ideas2pixels", "Ideas, "we", "us" or "our").
This following page acts as a contract between you and ideas2pixels, collectively referred to as the "parties".
By accessing, browsing, and using the Site and its services (“Services”), you accept, without limitation or qualification, these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you should not access the Site or use its Services. By using the Services or the Site, you represent and warrant that you are 13 (thirteen) years of age or older and that you accept and agree to abide by all of the terms and conditions of this Agreement. The Site may, without notice to the User, add additional features or change or eliminate features or Services, change nomenclature, and make other changes at any time, which will be subject to these Terms and Conditions.
ideas2pixels shall provide the services as nominated at time of order. A copy of these agreed services will be emailed to both parties at the beginning of the project, after we have received, examinated and checked your completely filled order form and project files.
Delivery of the services
- Start date: ideas2pixels will start providing services on the agreed date depending on your project contract.
- Completion date: The due date generated by the system is an estimate. The completion date will be provided to the client after a Project Manager or Customer Support representative from ideas2pixels reviews all of the files and details of the project. Our team works from 9:00 to 18:00 Hs from Monday to Friday in the GMT -3 Time Zone, you should expect your project to be delivered during that time-frame.
- Delays: While we aim to deliver all our projects on time, if unforeseen circumstances delays may occur on the delivery times advertised. You are not entitled to make any further claims against ideas2pixels.
Format of project delivery
ideas2pixels shall provide the completed service in form of a .zip file upon completion of the project. In the case that you have requested some other specific form of delivery, ideas2pixels will comply with this request if agreed on the project specifications that will be taken as a contract.
As consideration for the provision of the services by ideas2pixels, the price of these services are nominated at the time of purchase and it varies depending on the services requested. For a correct pricing please refer to your invoice emailed at time of purchase and make sure you agree with the quote provided before accepting the project start.
You agree to pay the price established by ideas2pixels before we begin working on your project. ideas2pixels has no obligations to start your project neither delivering files without receiving and confirming your payment(s). Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the services provided by ideas2pixels to you under this Agreement and such will be payable by the person that contracts ideas2pixels in addition to all other charges payable hereunder.
Intellectual property rights
ideas2pixels agrees to grant to the purchaser a Non-Disclosure Agreement (NDA) where ideas2pixels establishes that any material, information, files related your project will not be shared with third parties or used in any other way that is not related to the completion of the project. In respect of the material specifically created for the Purchaser as part of the services, ideas2pixels accepts that the full title guarantee belongs to the person or company that contracted our services and all of the copyright, other intellectual property rights and any other data or material used or subsisting in the project files, whether finished or unfinished also belongs to the purchaser.
ideas2pixels represents and warrants that: Will perform the services with reasonable care and skill Services and the files provided by ideas2pixels to you under this Agreement will not infringe or violate any intellectual property rights.
Terms and termination
The Agreement shall be effective on the date of payment hereof and continue, unless terminated sooner in accordance by both parties. Either Party may terminate this Agreement upon notice in writing if: The other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other Party so to do; or A voluntary arrangement is approved by both parties.
Relationship of the parties
The Parties acknowledge and agree that any services performed by ideas2pixels, its employees or agents shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered, if delivered by through the customer's account accessed through ideas2pixels’s website.
ideas2pixels will consider a refund under the following circumstances:
- We can't create and carry on with your project.
- Your request to cancel the project is received before any work has been undertaken and pre-paid hours have been spent.
- There is a technical issue, which prevents the continuation of the project.
- Our team has performed at least 10 rounds of fixes to the files and the problem still persists and it's not technically impossibly to fix it.
Note: If the creative work has been done and/or all the pre-paid hours have been spent on design, neither full nor partial refund can be demanded even if there are still comments to the work.
The user agrees that access to the site, and use of the services is at the user’s own risk. neither ideas2pixels nor its officers, directors, employees, affiliates, or agents warrant that the services may be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the services or as to the accuracy, reliability, suitability, or content of the services. all other services are provided on an "as is," "as available" basis without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or audience, and non-infringement. in no event will ideas2pixels or its directors, officers, employees, affiliates, or agents be liable to the user or any third party for any incidental, indirect, special, or consequential damages (even if ideas2pixels has been advised of the possibility of such damages), arising out of the user’s use of or inability to access the site, or to use any other services, including, without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorised access to ideas2pixels's records, programs, or services. because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states ideas2pixels’s liability is limited to the greatest extent permitted by law, not to exceed the amount paid for the services. Nothing in these terms and conditions shall affect the statutory rights of any user or exclude or restrict any liability for death or personal injury arising from the negligence or fraud on the part of ideas2pixels.
The User agrees to indemnify and hold ideas2pixels and its affiliates, officers, agents, partners, and employees, harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of information submitted by, posted to, emailed, or otherwise transmitted by the User through the Services, your use of the Services, your connection to the Services, or your breach of the Terms and Conditions.
By submitting your project you accept that ideas2pixels reserves the right to display and include the work for your project as part of ideas2pixels portfolio, and showcase it for new business or educational purposes. Notwithstanding the foregoing, ideas2pixels may, preserving the Client’s identity, display and write about the work in progress at any moment.
The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights and if any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity or enforceability of the remainder of this Agreement shall be affected. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party. This Agreement may not be amended for any other reason without the prior written agreement of both Parties. This Agreement constitutes the entire understanding between the Parties PSD to HTML services and/or platform implementation hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto. Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond their control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other. This Agreement shall be governed by the laws of the state of Delaware, United States of America. ideas2pixels reserves the right to work on future projects for any given client or to erase/prevent access to clients for any suspicious behaviour or for not complying to this agreement.
Other requests, changes, updates, amends other than the expressed in your project brief before will be subject to re-estimation with an hourly fee of $55 as reference.
Upon making any payments or submiting/requesting for any of ideas2pixels’ services you are hereby accepting this terms and services agreement.
Last Updated: July 5th, 2016.