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1Definitions

Agreement

Any agreement between The Customer and Pixelbend Studios under which Pixelbend Studios provides a service or services.

Domain Name

An identifying string used to direct data between a specific Server for which services are hosted. For example, a website located at www.example.com.

Domain Name Service

Services related to the purchase, renewal or any other activity related to Domain Names in conjunction with the Relevant Naming Authority.

Conditions

These terms and conditions as well as any used by reference.

Cookies

Small pieces of data used so a Server can identify (not necessarily personally identifiable information, but in terms of multiple visits) an individual or computer. Typically used for purposes of allowing users to be logged into their accounts automatically or to save website usability preferences.

(The) Customer

A customer and any employee, agent, subcontracted person or otherwise who has entered into a formal agreement with Pixelbend Studios under which Pixelbend Studios provides a service or services to.

Grace Period

An amount of time given to the Customer at the discretion of Pixelbend Studios for which to pay a charge requiring immediate payment.

Hosting

A Service offering an internet-connected storage space and the necessary DNS services to provide access via a web browser.

ICANN

Abbreviation for The Internet Corporation for Assigned Names and Numbers; an international organisation responsible for Internet Protocol (IP) address allocation, Top Level Domain (TLD) Name distribution.

Intellectual Property

Legally owned rights including copyright, trademark, registered trademark, registered domain names, designs & compositions etc.

Minimum Contract Period

The period a specified service must be active or paid for before it can be ended.

Normal Office Hours

The time Pixelbend Studios typically operates within. These are currently 10:00AM to 6:00PM Monday to Friday (excluding public and national holidays) unless otherwise stated.

Server

Any computer equipment run by Pixelbend Studios to provide services to customers.

Service

Any service provided by Pixelbend Studios under this Agreement.

Service Order

Any service ordered by the Customer through web form submission, written request or verbal correspondence prior to commencement of this Agreement.

Subscription

Any Service which is automatically billed at an interval such as per-month or per-year.

Support

Any assistance provided in relation to a product or Service offered by Pixelbend Studios.

Pixelbend Studios

Pixelbend Studios LTD. (Company Number SC458321) whose registered office is at Wallace Building, Roslin Biocenter, Edinburgh EH25 9PP, Scotland.

Pixelbend Studios Website

Any domain or subdomain owned and operated by Pixelbend Studios.

Product

Any product provided by Pixelbend Studios under this Agreement.

2Conditions of Service

Any typographical, clerical or other error in marketing, quotation, pricing, invoice or other document shall be subject to correction without any liability on the part of Pixelbend Studios.

Any advice given to the Customer related to the use of any Service offered by Pixelbend Studios is followed or acted upon at the Customer’s discretion and risk and Pixelbend Studios shall not be liable for any such advice.

All terms and conditions of this Agreement supersede any terms purported by the Customer during any communications with Pixelbend Studios staff or representatives.

The Customer warrants that this Agreement represents the entire understanding between the parties for the provision of Services. All other warranties, conditions, terms, undertakings and obligations, whether express or implied by statute, common law, custom, trade usage, course of dealing or otherwise are hereby excluded to the fullest extent permitted by law.

Pixelbend Studios may add to or amend this Agreement at any time and shall endeavour to make the Customer aware of changes by way of one or more of the following: notifications on the Pixelbend Studios Website; email to the Customer. Such notifications will be made no less than 30 days prior to their implementation.

3Customer Obligations & Reservations

The Customer agrees to follow all terms of this agreement.

The Customer agrees to pay all charges imposed by Pixelbend Studios before the due date stated on the invoice for such charges and accepts that late fees may be applied to overdue invoices.

The Customer agrees to a Minimum Contract Period for services provided by Pixelbend Studios.

The Customer agrees not to provide any incorrect or misleading information to Pixelbend Studios in order to hide their identity or obtain an otherwise unobtainable service or any other reason.

The Customer agrees not to use Services provided under this Agreement - intentionally or otherwise - for any use which could be deemed illegal, violate any governing laws or treaties. The Customer acknowledges that they are solely responsible for any and all such actions.

The Customer agrees not to use any Product or Service to send, relay, forward - or any other action - unsolicited communications including but not limited to email, telephone calls, SMS or other proprietary messaging protocols. Such actions will result in immediate termination, without warning, of the Service used and potentially all other Services offered to the Customer and no refund will be given for such Services.

The Customer agrees not to attempt to reverse engineer, decode or in any way disassemble any software provided by Pixelbend Studios in the provision of any services.

The Customer agrees not to submit a Service Order for any Service which the Customer is aware infringes upon any Intellectual Property or any other legal rights or trademarks of other bodies or individuals.

The Customer acknowledges and agrees that it is their sole responsibility to weigh the risks of using Services and accepts responsibility for liability to themselves and/or to third parties resulting from inappropriate or other use of Services.

The Customer acknowledges that they - at their own expense - shall possess and maintain and license(s), registration(s) or other necessary requirement to conduct its business or other activities through any Service.

The Customer agrees to utilise all Services in accordance with Pixelbend Studios’ Acceptable Use Policy.

4Customer Charges

The Customer agrees to pay Pixelbend Studios all charges detailed on any invoice submitted to the Customer by the due date specified on the invoice.

Pixelbend Studios shall apply all necessary taxes as set out by government bodies including Value Added Tax (VAT), excise or other.

The Customer must notify Pixelbend Studios within 30 days of the billing date of any dispute of charge. After 30 days, the Customer waives the right to dispute such charges.

A Grace Period of 7 days may be given for invoices which require immediate payment; such as for Hosting Services on a Subscription payment plan. Such a period is offered in the event of a failed Subscription charge to allow the Customer to manually pay this invoice.

Any invoice left unpaid after the due date will incur a 7% additional charge per 30 days of non-payment.

Pixelbend Studios reserve the right to use any legal method of debt collection necessary to remedy non-payment of Service or Product and add any costs incurred to do so, to the Customer’s debt.

Pixelbend Studios will be within its rights to suspend, revoke or cancel any services for which no payment has been received after either the Grace Period or due date.

5Pixelbend Studios Obligations & Reservations

Pixelbend Studios will provide services in line with a Service Order submitted by the Customer for the duration of the term of service in accordance with the terms of this Agreement.

Support will be provided by Pixelbend Studios and/or its representatives for Services under the Service Order as requested by the Customer. Such Support or parts of the Support may be subject to additional fees. The Customer will be made aware of any such fees prior to commencement of any Support services.

Pixelbend Studios reserve the right to suspend, revoke or cancel any services and/or take legal or other action against the Customer should any action or submitted order by the Customer cause or expose risk or cause loss of any kind to Pixelbend Studios.

Pixelbend Studios will follow all data protection legislation concerning any personal or identifying details or data the Customer may provide to Pixelbend Studios from time to time and manage such data in accordance with our Privacy Policy. Such policies and legislation are superseded only by requests from legal, law enforcement or regulatory authorities including police and government bodies and Pixelbend Studios will provide specific information as requested by such bodies.

Pixelbend Studios reserve the right to forward the Customer’s data to any appropriate law enforcement agency should suspicious or illegal activity be observed or discovered in relation to Products or Services offered by Pixelbend Studios.

6Service Specific Conditions

Domain Registration

The Customer warrants to Pixelbend Studios that any Service Order to register a domain name will not result in an infringement of third party rights, whether from its direct or indirect use.

The Customer warrants to Pixelbend Studios that the registration of any requested domain is not being made in malice or may be an abusive registration under ICANN or other relevant authority’s terms of registration.

The Customer agrees not to use any domain name registered on behalf of the Customer by Pixelbend Studios or in relation to Pixelbend Studios Products or Services for the purpose of transmitting, hosting, sharing or otherwise abusive, offensive, illegal, defamatory, obscene or rights-infringing content. Use of such content shall result in termination of Services without compensation.

The Customer agrees to comply with all terms in this Agreement or as modified from time to time applying to the registration or renewal of all domain names and any agreement(s) published by the relevant naming authority.

If the Customer wishes to transfer away ownership of a domain registered through Pixelbend Studios, the Customer acknowledges that they must provide Pixelbend Studios with all relevant and necessary consents to do so.

The Customer acknowledges that any domain names registered on their behalf by Pixelbend Studios may be suspended, modified, or canceled by a third party and that Pixelbend Studios shall not be liable as a result.

The Customer acknowledges that relating to the purchase, renewal transfer or otherwise relevant Services of a domain, Pixelbend Studios is acting as an agent on their behalf with express authority. The Customer acknowledges to be bound by all appropriate third party terms and conditions.

The Customer acknowledges that Pixelbend Studios will use all reasonable endeavours to register a requested domain, however the Customer acknowledges and agrees that Pixelbend Studios shall not be liable for errors arising from a domain becoming unavailable between a Service Order request and fulfilment. Additionally, the Customer acknowledges that Pixelbend Studios is not obligated to to accept any request for management of domain Services including but not limited to registration and renewal.

Pixelbend Studios’s responsibilities are limited to submitting an application to the relevant naming authority, providing reasonable admin services and notifying the Customer within reasonable time of any results whether successful or failed during the application process. The Customer should not assume any application is, has been or will be successful until express confirmation from Pixelbend Studios.

While Pixelbend Studios will endeavour to provide the Customer with reminders of domain renewal dates, the Customer acknowledges that Pixelbend Studios shall not be liable for loss of a domain due to late renewal due to internal errors resulting in no reminder notifications being sent. The Customer acknowledges that it is their responsibility to keep track of domain renewal dates and act accordingly.

Domain names which are not renewed before their registration expiry date will be deactivated, resulting in a potential loss of service. Additional fees may apply on top of registration costs in order to reactivate an expired domain.

Pixelbend Studios reserve the right to refuse transfer, renewal or other actions relating to domain Services due to non-payment of any Services on the Customer’s Pixelbend Studios account.

Pixelbend Studios reserve the right to change the registrar of any domain the Customer owns, as registered through Pixelbend Studios, without express notice or consent of the Customer.

The Customer unconditionally agrees and acknowledges that Pixelbend Studios may make the Customer’s information available to ICANN or another relevant naming authority and other necessary third parties as applicable laws or naming authority regulations or terms may require. The Customer irrevocably consents to such disclosures and unconditionally agrees to waive all claims and causes of actions arising from the disclosure or use of such domain registration information.

Pixelbend Studios reserve the right to charge an admin fee for inbound domain name transfers. Additionally, any domain transferred inbound to Pixelbend Studios shall be immediately subject to this Agreement.

Should a dispute arise over the rights to ownership of a domain name registered by Pixelbend Studios on behalf of the Customer, Pixelbend Studios reserve the right to take the necessary actions to protect ourselves without limitation, the right to transfer ownership and any relevant codes and keys to the registrant and/or transfer the domain away form Pixelbend Studios.

Hosting

The Customer agrees not to upload, transfer or store any illegal, offensive, obscene data on their account. Such violation shall result in termination of services without compensation. Additionally, the Customer agrees to make reasonable effort to ensure that users of any service hosted on their account is not transmitting, storing or otherwise the aforementioned types of data.

Where the Customer’s Services do not include backups or the Customer has not purchased a specific backup Service, it is the CUstomer’s responsibility to maintain and store backups for their hosted data. Pixelbend Studios shall not be liable due to unforeseen circumstances resulting in loss of data.

The Customer agrees that overuse of allocated resources may result in additional fees and agrees unconditionally to pay such fees promptly as notified and before any due date.

7Liability & Indemnifications

The Customer agrees to notify Pixelbend Studios of any claim or notice of legal action arising from use of Services or relating to this Agreement.

The Customer agrees to indemnify and hold harmless Pixelbend Studios from any liability, claims, costs, losses, expenses including legal fees arising from: any breach of this Agreement’s terms or breach of any other legally binding agreement or law; access or use of Services by the Customer or others; any data accessed, stored, transferred, transmitted, downloaded, produced or created by the Customer or others; any breach of copyright or other Intellectual Property rights or other trademark or legal right.

The Customer acknowledges that Pixelbend Studios reserve the right to take control of and/or conduct any litigation to which it may be subject to directly or indirectly by virtue of this Agreement. The Customer also acknowledges and agrees not to make any statement regarding Pixelbend Studios nor undertake any action or omission which may result in damage or may prejudice Pixelbend Studios without prior written consent from a Director of Pixelbend Studios.

All associated rights under this Agreement regarding the Customer’s identity and obligations to Pixelbend Studios shall remain in effect indefinitely, even following termination of this Agreement for Services.

The Customer acknowledges that whilst Pixelbend Studios has taken steps to ensure security of The Customer’s information, Pixelbend Studios cannot be held responsible for any damages the Customer may suffer as a result of a Server, communication or other data breach.

Pixelbend Studios’ liability shall not exceed the amount paid during the one (1) month period leading up to any action resulting in damages to the Customer.

The Customer agrees that any third party softwares made available to them via any Product or Service offered by Pixelbend Studios are used at the Customer’s sole discretion and the Customer agrees to follow and agree to any applicable license, agreement or terms of use. The Customer acknowledges that any violation of the aforementioned documents are at the Customer’s discretion and as such, Pixelbend Studios shall not be held liable for any loss to the Customer or legal action taken against them.

Except as expressly stated within this Agreement, Pixelbend Studios specifically disclaims all implied warranties, including but not limited to the merchantability and fitness for purpose. Except as otherwise provided in this Agreement, any written materials provided by Pixelbend Studios or information available from Pixelbend Studios Website is for information purposes only, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guarantee of performance or contractual obligation.

In no event shall Pixelbend Studios be liable in contract, tort or otherwise for: necessary changes to operations, procedures, Products or Services resulting in hardware or software becoming obsolete and requiring to be modified, changed, exchanged or upgraded; increase in costs; error, disruption to or failure of Services; infringement of rights; loss of profit or opportunities.

Pixelbend Studios will endeavour to provide Services to the Customer with reasonable prowess and diligence.

8Parties & Relationships

The Customer acknowledges that there is no contract between Pixelbend Studios and any customers, associates or agents of the Customer as a result of this Agreement.

The Customer acknowledges that nothing in this Agreement nor this Agreement itself constitutes nor implies an employee/employer relationship, nor shall it be deemed to construe any partnership or joint venture between the Customer and Pixelbend Studios.

The Customer may not transfer or sublicense any rights relating to this Agreement and terms of any Services used, without the written agreement of Pixelbend Studios.

9Termination

Should the Customer wish to terminate a Service or Services, the Customer shall submit written notice by email to terminate a Service within the respective notification period and after any applicable Minimum Contract period.

Pixelbend Studios reserve the right to cancel this Agreement and applicable Services at any time with 14 days written notice.

Pixelbend Studios reserve the right to issue a 14 day notice to the Customer to make good any observed breach of this Agreement. Failure to comply shall result in suspension or termination of Services.

Pixelbend Studios reserve the right, without liability, to immediately - and without notice - suspend or terminate a Service or Services where repeated breach of Agreement has been observed.

10Force Majeure

Pixelbend Studios shall not be liable for any failure of or delay in the performance of Products or Services for which this Agreement applies, for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.

11Governing Law

This Agreement shall be governed by and construed in accordance with the laws of The United Kingdom of Great Britain, applicable therein.

12Acceptable Use Policy

The Customer acknowledges that they are responsible for all activity on their Pixelbend Studios account and any associated accounts within Pixelbend Studios’ networks. Pixelbend Studios does not intrusively monitor the Customer’s accounts however Pixelbend Studios reserve the right to run checks to ensure compliance with the Acceptable Use Policy. Any accounts found to be in breach of the Acceptable Use Policy shall be served 14 days written notice to correct and make good. Failure to comply with such a request shall result in suspension or termination or Services. Furthermore, Pixelbend Studios reserve the right to remove any offending, illegal or otherwise unacceptable content from the Customer’s account(s).

The Customer shall not directly or through the assistance of a third party or third parties, attempt to circumvent security measures in place within Pixelbend Studios’ networks, nor attempt to interfere with or disrupt or deny any service within Pixelbend Studios’ networks or outside alike. Such behavior shall result in immediate termination of all Services and accounts.

The Customer shall not use Services to implement any service or tool allowing anonymous network use, such as a web proxy.

The use of Services to generate or send unsolicited email, phishing or any other similar material is expressly forbidden. Should this behavior be observed, the offending account shall be terminated without warning or compensation.

The Customer shall not knowingly transmit computer viruses or exploitative scripts, nor corrupted data.

Pixelbend Studios will cooperate fully with any civil or criminal investigations as may be required.

The information in this Acceptable Use Policy is a guide and not a comprehensive list. Pixelbend Studios reserve the right to terminate Services for actions deemed inappropriate or harmful to other customers, not contained or specified here.

Pixelbend Studios may modify this Acceptable Use Policy without reservation.

13Privacy Policy & Data Protection

Pixelbend Studios will treat the Customer’s data in accordance with the Data Protection Act 1998.

Pixelbend Studios only collects data necessary to provide Services and comply with requirements with third party providers and law enforcement or government bodies. Additionally, Pixelbend Studios will only transmit the minimum amount of information required to third parties in order to supply required Services.

Pixelbend Studios Websites may store Cookies on your computer in order to help improve the reliability and experience of our Services and Websites.

For your security and protection, as little credit card data as possible is stored on our Servers as is possible. We know customers are security-conscious (as are we) and aren’t comfortable with companies saving credit card details. That’s why we use Stripe as a payment handler: this allows us to avoid saving card numbers and instead save a unique identifier which can only be used by them to charge the card at our request, using our set of security keys. And we absolutely do not save your CVV. The only other information we store is some basic identifying information: last 4 digits of the long number, the expiry date and the type of card (VISA, MasterCard, Amex etc.) We take credit card security very seriously.

Sensitive data is scrambled using strong encryption.

The Customer agrees to notify Pixelbend Studios of any changes to personal information within reasonable time.

Pixelbend Studios may modify this Privacy Policy without reservation.

14GDPR

In line with 2018 GDPR legislation, here’s what we are doing to ensure we comply and keep your sensitive data safe. We value privacy and as such, we only use your data in very specific ways in order to supply you with products and services that you requested - and nothing else.

What We Store

We store as little of your personal data as we can. We store your name(s), address(es) and contact details in order to be able to contact you about products and services that you have specifically told us you want.

We also store your password for our account area(s) one-way encrypted so that even we can’t see or decrypt the actual password; the same level of encryption used by your bank.

In terms of payment details, we don’t store anything about your cards (or other payment services such as Apple Pay) unless we have explained to you that it’s necessary to supply any subscription services you have requested.

In cases where we need to store your card details (as above), we don’t actually store the full card number or CVV code - we store the last 4 digits of the card number, the expiry date (so we can let you know when it is time to update before it expires!). The same information printed on receipts. Additionally, we store a unique identifier (using a method called “pseudonimisation” (that just means it can’t be used by anyone to identify you except us or your card-issuer). This identifier is unique to your card and unique to our payment processing account. This means that even if someone sneaky managed to obtain these details, they can’t do anything at all with them.

The last bits of information we store include a record of products/services you have ordered and copies of any relevant invoices/receipts we have issued to you.

For a full report of everything we store about you, please contact us.

Please note that if we are unable to match your details, for security we will not be able to provide the requested information. So make sure they are up-to-date and accurate in using your account!

How We Store It

We take security very seriously. Web security is much more important these days with the discovery of various exploits that dangerous people can use to gain access to customer data.

We ensure we follow reports of such exploits immediately and implement fixes as soon as they are ready.

We’re also fully PCI compliant, following all associated rules and regulations.

We also regularly analyze our own security measures to ensure they are kept up-to-date and working correctly. For example, we impose mandatory secure communication between your web browser and our servers using valid SSL certificates and AES encryption (again, the same standards of encryption used by our own military and banking institutes). We also implement various features to detect and disable suspicious account activity, brute-force password guessing, cross-site forgery requests (and much more!) The bottom line is that we know how important your data is to you and we respect that.

How Long We Store Your Data

We store the above data for as long as you hold an account (or multiple accounts) with us. We only do this for 2 reasons:

  • To ensure you are notified about continual (subscription) services you order from us.
  • To keep a history of your account activities, both for your security and so that we both have a history of orders, invoices and payments.

Sharing

Everyone likes to share but not necessarily their sensitive personal data. And we agree completely. That’s why we only share the absolute minimum amount of data with our trusted third-parties and only when it’s absolutely necessary to provide you with the products/services you have ordered.

Stripe - Stripe is our payment processor. They are the guys who help us with making charges to your cards and contactless services. As previously outlined, we only share enough data to verify your identity between ourselves and Stripe. At the time of writing this statement, Stripe only share that data with your bank or card issuer (again, for verification) and their Fraud Prevention service, to ensure your cards aren’t being used fraudulently. We will update this policy and let you know if that changes but we don’t expect it to - they’re a very ethical company and we trust them.

Google Analytics (GA) - we use GA like the majority of other websites. We find it useful to determine the kind of people who visit our websites. We aren’t interested in using it to track your purchases or otherwise personally-identifying things so simply put: we don’t. The tools we enable in our Analytics account are non-personally-identifying. This means we don’t share your names, addresses or other specific information about you. However, other sites may and that’s why we have an opt-in policy so we don’t enable GA while you’re browsing unless you turn it on when we ask for your permission (see further down for more information).

Google Analytics is a bit of a grey-area within the GDPR legislation but we like to take your wishes into consideration with cases like these so we have chosen to make this (as well as Facebook and any other potential tracking) an opt-in feature. You will find details of how we implement this in the information below.

Tracking

As mentioned above, we use tracking cookies with the sole purpose of understanding which of our products/services are most useful to you and most popular. We use 4 kinds of tracking:

  • Page requests via Google Analytics and Facebook (please read further below about opt-in for these services - they are off by default).
  • Tracking of page requests (completely anonymous, no personally identifying identification is stored in this case).
  • Confirmation of you having read important emails (such as invoice reminders, “password changed” notifications and other safety and useful notifications - nothing that isn’t required to ensure complete working service for you). We regularly check these to ensure they are still critical and disable any which are not. These confirmations are also used to identify potential fraud on your account so we can take swift action to prevent any unlikely but potential data breaches. We view these as critical.

As a result, we have implemented an opt-in service for Google Analytics cookies. When you visit our site(s), you will be asked if you’d like to opt-in to Google Analytics tracking. If you say no, it will be disabled on our website for you. If you clear your browser cache or your cookies expire, you will be asked if you’d like to opt-in again. We estimate this will be roughly every 6 months or longer.

Notifications

With the exception of security and account-critical email and SMS notifications, we only send you information about products and services you order from us. We don’t send you any marketing junk at all. We get enough spam in our inboxes and we are confident you don’t want any more. If you don’t even want the notifications outlined above, sadly, you’ll need to close your account. We would hate to see you go but if we can’t send you critical security notifications, your account may not be secure. If you really are sure you want to close your account, please log in and select “close account” and we will process the request within 7 days. Please note that this is permanent and you’ll need to register a new account if you decide to come back in the future. All invoices will also be unlinked from your account.

The only other notifications we send without first asking for an opt-in (none currently) are requests offering you the chance to check your data is accurate and allowing you to make any corrections. You will receive these once a year. Please use them when you receive them as if your data is not updated, we will take that to mean that it is up-to-date and correct.

The Right to Be Forgotten

In the event that you wish to have all your data removed, we will, of course, comply. Please log-in to your account [here] and in the menu you will find an option to close your account.

This is permanent and cannot be undone. You will lose access to copies of your invoices and all ongoing products/services will be canceled with immediate effect. Please ensure this is what you want before you do this.

Please note that certain data cannot be removed. We have to - by law - keep records of payments made and invoices issued. Everything else will be wiped.