Master Service Terms

These Master Service Terms (“Terms”) form a binding agreement between the customer (“Client”, “you”) and PXLUX (“we”, “us”). By accessing pxlux.com or executing a proposal, estimate, or statement of work (“Proposal/SOW”), you accept these Terms and our Privacy Policy.

• Services: Design/build, hosting, maintenance, support, animations, integrations, AI/automation, and related consulting.
• Deliverables: Work products identified in a Proposal/SOW (e.g., WordPress site, UI, code, assets).
• Third-Party Services: External platforms (e.g., WordPress plugins, CDNs, email, Mapbox, GSAP, OpenAI).

We provide custom WordPress design, GSAP-driven interfaces, hosting/maintenance, and AI integrations. Each engagement may include a Proposal/SOW describing scope, milestones, and assumptions. If not otherwise stated, timelines are estimates dependent on Client inputs and approvals.

• PXLUX will present deliverables for Client review. Acceptance occurs upon written approval, release to production, or seven (7) days without material objection after delivery.
• Minor polish is included; out-of-scope requests may require a change order.

• Provide content, assets, and approvals promptly to meet timelines.
• Ensure you have rights to all materials supplied and that they comply with law.
• Grant access/credentials necessary to perform Services; keep your info current.

Any material change to scope, features, or assumptions will be documented and requires Client approval. Changes may impact schedule, cost, and dependencies. Emergency changes may incur expedited fees as agreed.

• Hosting + Maintenance: Monthly or annual plans vary based on site scale, resource usage, and support level. Pricing is stated in each Proposal or SOW.
• Setup/Build Fees: One-time design and configuration fees depend on project size, due per Proposal/SOW terms.
• Add-ons: Optional feature build cost + monthly operations fee; usage-based provider fees (e.g., APIs) may be passed through.
• Taxes: Prices exclude applicable taxes; Client is responsible for any required taxes or duties.
• Late/Non-payment: We may pause hosting or maintenance if invoices remain unpaid after notice.

• Each Proposal or SOW defines its own duration, renewal, and cancellation conditions. Those terms take precedence for that project.
• Unless otherwise stated, either party may terminate for material breach if not cured within ten (10) days after written notice.
• Clients may cancel hosting or maintenance at any time; service continues through the paid period.
• Prepaid amounts are generally non-refundable unless required by law or stated otherwise in the governing contract.
• Upon termination, we can provide a backup/export upon request (a reasonable fee may apply).

We will perform Services in a professional manner. EXCEPT AS SET OUT HERE, THE SERVICES AND SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES (EXPRESS OR IMPLIED) INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

• Client Content: You retain ownership of content you supply.
• PXLUX Materials: We retain ownership of pre-existing code, libraries, frameworks, animations, and processes. We grant Client a non-exclusive license to use the deliverables as deployed for Client’s site/business.
• Portfolio: Unless you opt out in writing, we may display non-confidential visuals and the Client name in our portfolio.

Services may integrate with Third-Party Services (e.g., WordPress plugins, Cloud/CDN, email, analytics, Mapbox, GSAP, OpenAI). Their terms and privacy policies apply. We are not responsible for third-party availability, changes, or pricing.

• AI features may generate or transform content and can produce errors or omissions.
• Client is responsible for reviewing outputs for accuracy, compliance, and suitability.
• Where applicable, usage-based AI fees are passed through per provider pricing.

Each party will protect the other’s non-public information and use it only for performing obligations under these Terms. Exceptions include information that is public, independently developed, or received lawfully from a third party.

• We implement reasonable technical and organizational measures, updates, and backups.
• No guaranteed uptime or recovery objectives unless an SLA is agreed in writing.

• We follow generally accepted practices (e.g., WCAG-minded design) but make no legal compliance guarantee.
• Client is responsible for industry-specific obligations (e.g., HIPAA), and for publishing required legal pages (Privacy, Terms, etc.).

To the fullest extent permitted by law, PXLUX is not liable for indirect, incidental, special, consequential, or punitive damages. Our aggregate liability arising out of or relating to the Services is limited to the amounts you paid to PXLUX for the Services in the three (3) months preceding the event giving rise to the claim.

Client agrees to indemnify, defend, and hold harmless PXLUX and its affiliates from claims, damages, and expenses arising from Client content, misuse of Services, or violation of law or these Terms.

Neither party is liable for failure or delay due to events beyond reasonable control (e.g., natural disasters, outages, acts of government), provided the affected party uses reasonable efforts to mitigate.

Notices to PXLUX may be sent to contact@pxlux.com. We may send notices to the email on your account or stated in a Proposal/SOW. Notices are deemed given when sent, except for legal notices which are deemed given upon receipt.

If there is a conflict between a signed Proposal/SOW and these Terms, the Proposal/SOW controls for that project’s specifics; otherwise these Terms apply.

These Terms are governed by the laws of the State of Arizona, without regard to conflicts principles. The parties consent to exclusive jurisdiction and venue in the state or federal courts in Pima County, Arizona.

We may modify these Terms from time to time. Changes take effect when posted on this page. Continued use of the Services after changes constitutes acceptance.

PXLUX — Legal & Terms inquiries: contact@pxlux.com · Phone: (520) 535-4146.