1. General Agreement
By engaging in a project with The Pixelane Studio, the client, agrees to the following terms and conditions. These terms govern the provision of services related to Animation, Content Creation, Branding, and Design. These terms and conditions are binding upon both parties upon acceptance of any services rendered by the Studio.
2. Scope of Services
- Services Provided: The Studio offers animation, branding, content creation, and design services as outlined in the project proposal or agreement, including but not limited to animations, logos, product designs, illustrations, motion graphics, web design, and marketing materials.
- Project Deliverables: The specific deliverables will be outlined in the project proposal or statement of work, and may include drafts, final files, and revisions as mutually agreed upon.
- Revisions: The Studio provides a predefined number of revisions (usually 2-3 rounds) for each project, unless otherwise agreed upon in writing. Additional revisions may be subject to additional fees.
3. Project Timeline
- Estimated Completion: The Studio will provide an estimated timeline for project completion based on the scope and complexity of the project. However, the timeline may be adjusted due to unforeseen factors.
- Delays: Delays caused by the Client (such as delayed feedback, additional revisions, or failure to provide necessary materials) may result in an adjusted delivery timeline.
4. Pricing and Payment Terms
- Pricing: Pricing is based on the scope of work and will be detailed in the project agreement. For projects with defined pricing, the agreed-upon rate will be fixed. For hourly work, the rate will be communicated and invoiced accordingly.
- Payment Structure:
- Initial Deposit: A non-refundable deposit of 50% of the total project cost is required before work begins.
- Final Payment: The remaining balance must be paid before the final files are delivered or upon project completion, whichever comes first.
- Late Payments: Late payments may be subject to a 2% per month late fee.
5. Ownership and Rights
- Intellectual Property: Upon receipt of full payment, the Client will own the final deliverables, including all copyrights. However, the Studio retains the right to use these materials in their portfolio or for promotional purposes unless otherwise agreed.
- License to Use: Until full payment is made, the Studio retains ownership of all project materials, and the Client is granted a limited, non-transferable license to use the deliverables for their intended purpose.
- Stock Images & Fonts: If the project involves the use of third-party assets (e.g., stock images, fonts), the Client will be granted a license to use these assets as part of the final deliverables, but these assets may be subject to additional licensing terms.
6. Confidentiality
- Confidential Information: Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the project. This includes business plans, marketing strategies, product information, and any other confidential data.
- Non-Disclosure: The Studio agrees not to share the Client’s private information or project details with any third parties without written consent, except as required by law.
7. Client Responsibilities
- Materials and Information: The Client agrees to provide all necessary materials (e.g., brand guidelines, text, images, videos) and information in a timely manner.
- Feedback and Approval: The Client is responsible for providing clear, timely feedback and approvals during the design process. Delays in feedback may result in extended project timelines.
8. Cancellation and Termination
- Client-Initiated Cancellation: If the Client wishes to cancel the project after the initial deposit has been paid, they may do so by providing written notice. In such cases, the deposit is non-refundable.
- Studio-Initiated Termination: The Studio may terminate the agreement if the Client fails to provide necessary materials, feedback, or payments. In such cases, any work completed to date will be billed, and the Client may receive the work in its current state.
- Termination for Breach: Either party may terminate the agreement if the other party breaches any of the terms and conditions.
9. Liability and Indemnification
- Limitation of Liability: The Studio is not liable for any damages, loss, or legal issues arising from the use of the deliverables, except as explicitly agreed upon. The Client agrees to indemnify and hold the Studio harmless from any third-party claims, legal actions, or damages arising from the Client’s use of the deliverables.
- Force Majeure: The Studio will not be liable for delays or failure to perform due to circumstances beyond their control (e.g., natural disasters, illness, technical failures, etc.).
10. Dispute Resolution
- Good Faith Negotiation: In the event of a dispute, both parties agree to attempt to resolve the issue amicably through good faith communication and negotiation.
- Arbitration: If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to binding arbitration, with the venue and rules to be mutually agreed upon.
11. Governing Law
This agreement will be governed by and construed in accordance with the laws of India, and any legal actions or proceedings related to this agreement will be exclusively conducted in the appropriate courts of Gurugram, India.
12. Modifications and Amendments
Any changes or amendments to these terms and conditions must be made in writing and agreed upon by both parties. The Studio reserves the right to update these terms periodically, with new terms being effective upon publication.
By engaging with the Studio, the Client acknowledges that they have read, understood, and agree to these terms and conditions.