Terms of Service

Agreement to Terms

By accessing or using the website modern-pixel.com (“Site”) operated by Modern Pixel Marketing & Website Design (“Modern Pixel,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our Site or services.

These Terms apply to all visitors, users, and clients of our website and services.

Services Overview

Modern Pixel provides web design, website maintenance, SEO services, and related digital marketing services. Specific services, deliverables, timelines, and pricing are outlined in individual proposals and service agreements provided to clients.

The information on our Site is for general informational purposes and does not constitute a binding offer or contract.

Client Agreements

All client engagements are governed by a separate Service Agreement or Proposal that includes:

• Scope of work and deliverables
• Project timeline and milestones
• Pricing and payment terms
• Revision policies
• Ownership and intellectual property rights
• Cancellation and refund policies

In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement shall prevail.

Website Use

Permitted Use

You may use our Site for lawful purposes only. You agree not to use the Site in any way that violates applicable laws or regulations, or that could damage, disable, or impair the Site.

Prohibited Activities

You agree NOT to:

• Attempt to gain unauthorized access to any part of the Site
• Use the Site to transmit malware, viruses, or harmful code
• Scrape, crawl, or harvest data from the Site without permission
• Impersonate any person or entity
• Interfere with the proper functioning of the Site
• Use the Site for any illegal or unauthorized purpose

Intellectual Property

Our Content

The Site and its original content, features, and functionality are owned by Modern Pixel and are protected by copyright, trademark, and other intellectual property laws. Our logo, brand name, and design elements may not be used without our express written permission.

Client Work

Ownership of client deliverables (websites, designs, content) is addressed in individual Service Agreements. Generally, clients receive full ownership of custom work upon final payment, while we retain the right to display completed projects in our portfolio unless otherwise agreed.

Third-Party Links

Our Site may contain links to third-party websites or services that are not owned or controlled by Modern Pixel. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites. You access third-party sites at your own risk.

Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of content

We do not warrant that the Site will be uninterrupted, secure, or error-free, or that defects will be corrected.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODERN PIXEL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data
• Business interruption
• Cost of substitute services
• Any other intangible losses

Our total liability for any claims arising from the Site or these Terms shall not exceed the amount you paid us, if any, in the twelve (12) months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Modern Pixel and its owner, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Site, violation of these Terms, or infringement of any third-party rights.

Payment Terms

For clients engaging our services:

• Deposits: A 50% deposit is typically required to begin work
• Milestone Payments: Additional payments may be due at project milestones
• Final Payment: Balance is due before final delivery or website launch
• Recurring Services: Monthly fees are billed in advance
• Late Payments: Overdue invoices may incur late fees and service suspension

Cancellation and Refunds

Cancellation policies are outlined in individual Service Agreements. Generally:

• Deposits are non-refundable once work has begun
• Clients may cancel with written notice, subject to payment for work completed
• Monthly services may be cancelled with 30 days written notice
• No refunds for completed deliverables

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts of Union County, North Carolina.

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated “Last Updated” date. Your continued use of the Site after changes constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any Service Agreements, constitute the entire agreement between you and Modern Pixel regarding use of the Site. Any prior agreements, communications, or understandings are superseded.

Contact Us

If you have questions about these Terms of Service, please contact us:

Modern Pixel Marketing & Website Design
Monroe, NC
Phone: (980) 505-7060
Email: dan@modern-pixel.com