The Pixelink Media business, web site and all content is offered to you as a service. Your use of our web site, products, services and downloads constitutes your agreement to all such terms, conditions, and notices contained herein. We reserve the right to change the terms, conditions, and notices contained herein at any time, without notice. Updated: 01-23-2018
Business Practice Policy
After our initial consultation, if you decide to do business with us, we may require an “Earnest Down-payment” to begin a business relationship depending on the size of your project. This down-payment will be at our discretion. This is to insure that you are committed to the project.
All services rendered are billed in 15 minute increments. All work done is billed at the end of each month and is due 15 days after invoice. Currently we only except payments in the form of cash or check. There are no refunds for work rendered as a service. Any disputes about service must be handled within our office.
We invoice on the last day of the month. After receiving your first invoice, billed monthly or after completed work. If a client does not pay the invoice after 30 days from invoice date, then no future work will be done until the first invoice is paid. Then, at our discretion we may remove your website or some other remedy to secure a payment for your outstanding balance. This policy is at our discretion depending on circumstances.
Content Developed As A Service:
Any content that we design and develop for a client, may be used by the client as he wishes; except if it pertains to “Royalty Fees” or some other condition placed on the product or service that has been agreed upon. Content that is made for a client is property of the client.
General Work Ethics Policy:
We will not develop any content of any kind that promotes; pornography, soft-porn (underwear), racism, discrimination, illegal activities, gambling, cultic groups, some musical artists (because of what they promote), cruelty of humans-animals and unethical content that may not be listed here. We reserve the right to decline any work at our discretion at any time and for any reason based on business ethical practices.
What Accounts We May Need To Do Business:
To provide service to you, we may need account access for such things as FTP (for uploading web content), Web Hosting (for site settings), Domain Name Registry (to administer domain name), Twitter, Facebook or any other account that does not contain person bank account information.
What Accounts We DONOT Want Access To:
To protect the integrity between Pixelink Media and it’s clients, we WILL NOT accept account access, even if you offer, for any account that will display financial data. Some of the accounts we will not accept information for is PayPal, eBay, Credit Cards, AdWords or such like. We feel that having access into your account places Pixelink Media in a possible position that may include legal ramifications.
Pixelink Media Logo w/Link:
We reserve the right to impose that any website, logo, multimedia project or any other content that we develop for a client (or for their clients) must display our “Developed By: Technipixel Solutions” text (or logo) link (if applicable) on the content in a visible, but yet not obtrusive location. If a client wishes not to display our Pixelink Media logo or link as mentioned previously, then Pixelink Media may not develop the project for the new client. This is at our discretion depending on the project and whether it is even feasible for our logo or link to even appear. If our Pixelink Media link or logo (which we request be on project) is removed from a project, then we reserve the right to cease supporting any changes to that project or even doing any business.
Stock Photo & Content Policy
Obtaining photos, multimedia (audio-video) or various other forms of content from the internet is both convenient and a common practice for millions of people. However, obtaining any content from the internet comes with a risk of unknowingly using someone else’s copyrighted or licensed photograph or content.
When anyone creates content, whether music, photos, sound, video or text… according to the copyright laws of the U.S., it automatically holds a basic copyright attribute to the author and can be subject to litigation if infringed upon. The only exception to this rule is if the author of the content releases their work into the public as “public domain.”
Because of the inherent behavior and technology of the internet Search engine, many never check whether an image is really “public domain” or not, and just use it. For example, a person could find an image using Google image search and use it in their project. However, if that “content” is owned by someone or is licensed through a 3rd party, a person could get a notice of legal action if caught. The author can seek damages; and if the content is registered with the Copyright division of the U.S. government, punitive damages can also be added to the suit.
There are several Stock Photo sites that have “stock photo bots” that search for images that are being used without a license. The companies can demand infringement damages if you cannot prove where the photo came from and who actually owns the rights to it. Getty Images is the biggest aggressor in this type of “license infringement” and they are also the ones who charge the highest license fees. If you are found with one of their images and you cannot prove you have rights to the images, they will first threaten you and then take you to court if needs be if you don’t pay for the license.
The problem with using “free” or “public domain” content is that you have to be able to prove that it is not owned by someone else. Just because a photo is on a “Free Image” website, doesn’t mean that it is there legitimately. Unless the photo says that it is public domain, or the author can be tracked down, a person is better off not using the content.
There are some legitimate “Free Stock Photos” sites that we can get photos from. And we will make sure that the author is connected to that photo. However, because of the nature of the internet, we cannot guarantee that the person who is listed as the author, is really the author. That is why buying stock photos and content, that is licensed will stand a better chance against infringement litigation.
Because of the dangers of using “free or public domain” photos or content from search engines we STRONGLY suggest that a client uses their OWN content or content we create for them. If you need “stock” content, you can either purchase it yourself, or we can buy some for you and bill you for it.
In all aspects of your project, whether website, video or printed media, the client is SOLEY RESPONSIBLE for the final product. It is the client’s responsibility to make sure that we comply or validate any 3rd party content. Pixelink Media (or TechniPixel Solutions) is not liable or responsible for any infringement damages, license fees or litigation, or court costs that may arise from 3rd parties who seek damages from the infringement of their copyrighted work.
Pixelink Media’s reserves the right to implement a “Pre-Binding Contract” for services rendered between us and any party that may (or may not) register or patent their design, product or service with any governmental copyright or patent office agencies. Whether a party plans to or does not plan on registering or patenting any service rendered by Pixelink Media; now or in the future, will be implemented by us at our own discretion depending on design, product or service being rendered. This contract is an agreement that if you do register or patent your design, product or service, that you must contact Pixelink Media so that we may consider whether we need to implement “Royalty Fees” on any design, product or service where it will be repeatedly sold or distributed into the public.
Your Legal Protection:
For the legal protection of your design, product or service, it is the industry standard to protect yourself by registering your design, product or service with the appropriate governmental or patent office agencies. You register your design, product or service by legally obtaining a TM (Trademark), SM (Service Mark), © (Copyright) or a ® (Registered) symbol on the visible part of your designed item or packaging.
Royalty Fees Contract:
Pixelink Media reserves the right to implement “Royalty Fees” on any design, product or service we render to you, the consumer; even if you do not plan on legally registering your design, product or service. We may implement these fees at our discretion. Our royalty fees may vary depending on the design, product or service and how it is implementated.. We may charge the “Royalty Fees” in two ways; one lump sum or a re-occurring fee based on the profit of your company or product distribution.