Terms of Service
These terms govern your use of our services. Please read them carefully before engaging with Pikasso Studio.
Agreement to Terms
Welcome to Pikasso Studio. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Pikasso Studio ("we," "us," or "our") regarding your use of our website, services, and products.
By accessing our website at pikassostudio.com, engaging our services, or making a payment, you agree to be bound by these Terms.
If you do not agree with any part of these Terms, you must not use our services. We reserve the right to modify these Terms at any time, and your continued use of our services constitutes acceptance of those changes.
IMPORTANT: Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations, including mandatory arbitration and class action waiver provisions.
Definitions
"Services" refers to all web development, design, branding, and related services provided by Pikasso Studio.
"Client" means any individual or entity that engages Pikasso Studio's services.
"Deliverables" means the final work products created and delivered by Pikasso Studio.
"Project" refers to the specific scope of work agreed upon between Client and Pikasso Studio.
"Retainer" refers to our monthly subscription service plans as outlined in your custom proposal.
"One-Time Project" refers to our Website Development service with pricing based on project scope and requirements.
Services Provided
1. Retainer Services
Monthly Retainer Services
Our monthly retainer plans typically include:
- Active project management
- Dedicated senior development team
- Regular check-in calls and updates
- Fast task delivery turnaround
- Revision requests as outlined in your agreement
- Complete design & development services
- SEO optimization & content writing
- Multi-channel collaboration support
- Branding & design services
*Specific features, pricing, and deliverables vary by project and will be outlined in your custom proposal and signed agreement.
Enhanced Retainer Options
Premium retainer plans may also include:
- Professional social media management
- Multi-platform content creation
- Strategic posting & scheduling
- Analytics & growth reporting
*Available as add-ons or in premium packages. Contact us for custom pricing.
2. Website Development (One-Time Projects)
Custom Pricing Based on Project Scope
Our website development projects typically include:
- Custom conversion-focused design
- Fully responsive (mobile, tablet, desktop)
- Professional content writing
- Built-in SEO optimization
- Regular progress updates
- Multi-page website development
- Revision rounds as specified in proposal
- Lead generation forms & analytics setup
- Delivery timeline based on project complexity
*Pricing varies by project size, complexity, and specific requirements. Additional pages and features may incur extra costs. Refer to your signed proposal for exact pricing and deliverables.
Service Scope
All services are provided "as is" and are subject to the specific project agreement. We reserve the right to refuse service to anyone for any reason at any time.
Client Responsibilities
As a client, you agree to:
- Provide Timely Information: Supply all necessary content, images, brand assets, and information required for project completion within agreed timelines.
- Respond Promptly: Provide feedback and approvals within 48 hours of deliverable submissions to avoid project delays.
- Grant Necessary Access: Provide login credentials, hosting access, domain access, and any other required access to complete the project.
- Own Required Rights: Ensure you have legal rights to all content, images, and materials you provide to us.
- Make Timely Payments: Pay all invoices within the agreed payment terms.
- Comply with Laws: Use our services in compliance with all applicable laws and regulations.
Failure to provide necessary materials or timely feedback may result in project delays. We are not responsible for delays caused by client non-responsiveness.
Payment Terms
1. Pricing & Fees
Pricing starts from $1,499 and is customized based on your project scope, requirements, and complexity. Final pricing is discussed during your discovery call and documented in a custom proposal. All pricing is subject to change with 30 days' notice for ongoing retainer clients, unless otherwise agreed in writing.
- Monthly Retainer Services: Starting from $1,499/month, billed monthly in advance as outlined in your service agreement
- Enhanced Retainer Packages: Custom pricing based on selected features and services (e.g., +Social Media package)
- One-Time Website Projects: Starting from $1,499, with final pricing based on scope. Payment schedule typically split between upfront deposit and final payment upon completion
- Additional Features & Pages: Priced individually based on scope and complexity
*All pricing subject to change. Final pricing is discussed during your discovery call and confirmed in your signed proposal and service agreement.
2. Payment Methods
We accept payments via:
- Credit/Debit Cards (Visa, Mastercard, American Express)
- Bank Transfer (for larger invoices as specified in agreement)
- Stripe payment gateway (our secure payment processor)
All payments are processed securely through Stripe. We do not store your payment information.
3. Payment Schedule
Retainer Services:
Billed on the 1st of each month. Automatic renewal unless cancelled with 7 days' notice before the next billing cycle.
One-Time Projects:
- Upfront deposit typically required to begin work (amount specified in proposal)
- Final payment due upon project completion before final delivery
- Final files will not be released until full payment is received
4. Late Payments
Invoices are due within 7 days of issuance unless otherwise agreed.
- Late payments may incur a 5% late fee after 7 days
- Work may be paused if payment is 14+ days overdue
- Unpaid accounts may be sent to collections after 30 days
- We reserve the right to suspend or terminate services for non-payment
5. Refunds
Please see our Refund Policy for detailed information on refunds and cancellations.
6. Taxes
Prices do not include applicable taxes. You are responsible for paying any sales tax, VAT, GST, or other taxes that may apply to your purchase based on your location.
Intellectual Property Rights
1. Ownership of Final Deliverables
Upon full payment, you will own the rights to the final approved deliverables, including:
- Custom website design and code
- Custom logos and brand assets created specifically for you
- Written content created for your project
- Custom graphics and illustrations
2. Rights Retained by Pikasso Studio
We retain the rights to:
- Portfolio Use: Display your project in our portfolio, case studies, and marketing materials unless otherwise agreed in writing.
- Reusable Components: Frameworks, libraries, code snippets, and methodologies developed by us remain our intellectual property.
- Pre-existing Materials: Stock photos, fonts, templates, and third-party resources used in your project remain property of their respective owners.
- Process & Methodology: Our design processes, workflows, and proprietary methods remain our intellectual property.
3. Third-Party Materials
Some projects may include third-party materials such as:
- Stock photography (with appropriate licenses)
- Premium fonts (licensing costs may apply)
- Software plugins and libraries (subject to their licenses)
- Open-source frameworks (subject to their licenses)
You are responsible for complying with all third-party licensing terms.
4. Client-Provided Materials
You represent and warrant that you own or have the necessary rights to all materials you provide to us, including content, images, logos, and trademarks. You grant us a non-exclusive license to use these materials solely for the purpose of completing your project.
Important Note on Ownership Transfer
Full ownership rights are transferred only upon receipt of full payment. Until full payment is received, all work remains the exclusive property of Pikasso Studio.
Project Timeline & Delivery
Standard Timelines
- Retainer Tasks: Delivery timeframes as specified in your service agreement
- Website Development: Timeline based on project scope and complexity (outlined in proposal)
- Revisions: Turnaround time specified in your agreement
*All timelines are estimates and will be confirmed in your project proposal.
Timelines are estimates and may vary based on project complexity, client feedback speed, and scope changes. We will notify you promptly of any anticipated delays.
Delays caused by client non-responsiveness, late content delivery, or scope changes are not counted against our delivery timelines.
Revisions & Changes
Included Revisions
- Retainer Services: Revision policy as outlined in your service agreement
- One-Time Projects: Number of revision rounds specified in your proposal
*Specific revision allowances vary by service package and will be detailed in your signed agreement.
What Constitutes a Revision
A revision is a modification to existing work within the original scope, such as:
- Color adjustments
- Font changes
- Layout refinements
- Content edits
- Minor design tweaks
Scope Changes
The following are considered scope changes and may incur additional fees:
- Adding new pages beyond the agreed number
- Complete redesigns of approved sections
- New functionality not in the original scope
- Additional integrations or third-party services
- Changes to fundamental project direction after approval
We will notify you in advance if requested changes constitute a scope change and provide a quote for the additional work.
Warranties & Disclaimers
Our Warranties
- Services will be performed with professional skill and care
- Deliverables will substantially conform to agreed specifications
- Work will be original and will not infringe third-party rights
- Post-launch bug fix warranty on completed websites as specified in your agreement (typically covers technical issues for a defined period)
Disclaimers
EXCEPT AS EXPRESSLY PROVIDED ABOVE:
- SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND
- WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
- WE DO NOT GUARANTEE SPECIFIC BUSINESS RESULTS, LEADS, OR CONVERSIONS
- WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES, PLUGINS, OR HOSTING ISSUES
- WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- TOTAL LIABILITY: Our total liability for any claims arising from our services shall not exceed the amount you paid us for the specific service in question, up to a maximum of $10,000.
- CONSEQUENTIAL DAMAGES: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunities, or business interruption.
- EXCEPTIONS: This limitation does not apply to damages caused by our gross negligence, willful misconduct, or fraud.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Pikasso Studio, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights
- Content or materials you provide to us
- Your use of the final deliverables
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.
Termination
Client Termination
- Retainer Services: You may cancel with 7 days' written notice before the next billing cycle. No refunds for the current billing period.
- One-Time Projects: You may terminate at any time by paying for work completed to date plus a 25% termination fee of the remaining balance.
Our Termination Rights
We may terminate services immediately if:
- You fail to make timely payments
- You violate these Terms
- You provide false or misleading information
- The working relationship becomes untenable
- You engage in abusive or harassing behavior
Effect of Termination
Upon termination:
- You must pay for all work completed to date
- We will deliver work-in-progress files (upon full payment)
- Our obligation to provide services ceases immediately
- Provisions regarding payment, IP rights, and liability survive termination
Confidentiality
Both parties agree to maintain confidentiality of any proprietary or sensitive information shared during the engagement.
Our Confidentiality Obligations
We will protect:
- Your business strategies and plans
- Proprietary information and trade secrets
- Financial information
- Customer data and contact lists
- Any information marked as confidential
Exceptions
Confidentiality does not apply to information that:
- Is or becomes publicly available through no breach of this agreement
- Was known to us before you disclosed it
- Is independently developed by us
- Must be disclosed by law or court order
Dispute Resolution
1. Informal Resolution
Before initiating formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation. Contact us at [email protected] with detailed concerns.
2. Binding Arbitration
If informal resolution fails, disputes shall be resolved by binding arbitration in accordance with:
- Rules of the American Arbitration Association (AAA)
- Arbitration to be conducted in English
- Location: Wilmington, Delaware, USA or mutually agreed virtual arbitration
- Decision is final and binding on both parties
3. Class Action Waiver
YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.
You waive any right to bring claims as a plaintiff or class member in any class, consolidated, or representative action. Arbitration can only decide your and/or Pikasso Studio's individual claims.
4. Exceptions to Arbitration
Either party may seek injunctive relief in court for intellectual property infringement or confidentiality breaches.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions.
For clients outside the United States, additional local consumer-protection laws may apply where required.
Any legal action related to these Terms must be filed within one (1) year after the claim arose.
Miscellaneous Provisions
Entire Agreement
These Terms, along with our Privacy Policy and any signed project agreements, constitute the entire agreement between you and Pikasso Studio.
Amendments
We may modify these Terms at any time by posting updated Terms on our website. Continued use of services after changes constitutes acceptance. For Retainer clients, we will provide 30 days' notice of material changes.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations under these Terms to any successor entity.
Force Majeure
Neither party shall be liable for delays or failures in performance resulting from acts beyond reasonable control, including natural disasters, war, terrorism, internet failures, or government actions.
Survival
Provisions regarding payment, intellectual property, confidentiality, warranties, liability, and dispute resolution shall survive termination of these Terms.
Questions About These Terms?
If you have questions or concerns about these Terms of Service, please contact us:
Pikasso Studio
Premium Web Development Agency
Email: [email protected]
WhatsApp: +91 80732 59343
Legal entity: Qogent Global LLC
Registered office: 1209 N Orange Street, Wilmington, DE 19801, USA
For legal inquiries, please include "Legal - Terms of Service" in your email subject line.
Acknowledgment
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES.
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