Terms

1. Who we are and what these terms apply to

1.1 byPixelStudio ("we") designs, builds and hosts websites. You can reach us at info@bypixelstudio.com.

1.2 These terms apply to every proposal from us and every order you give us ("you" is the client).

1.3 What your proposal says takes precedence over these terms. Different arrangements only apply if we have recorded them with you by email.

1.4 Your own general terms do not apply, unless we have agreed to them by email.

1.5 If you are a consumer, the legal rules that protect you apply, even where these terms say otherwise.

2. Proposal and order

2.1 A proposal is valid until the date stated in it.

2.2 The order starts as soon as you accept the proposal by email. By doing so you also accept these terms.

2.3 An example site (demo) that we show you beforehand is an impression and not an order. A demo costs you nothing.

3. How we work

3.1 We build the website as the proposal describes: the package, the number of pages, the rounds of changes and the parts that come with it.

3.2 You supply the texts, photos, logos and details we need on time, and you make sure they are correct. If we are waiting for material from you, the schedule moves accordingly.

3.3 A delivery time in the proposal is an expectation, not a fixed deadline. If we cannot make it within that time, we let you know.

3.4 We may use services of others for parts of the work, such as hosting, email and payment services.

4. Changes and extra work

4.1 During the build, the rounds of changes in the proposal are included in the price.

4.2 If you want more than, or something other than, what the proposal says, we agree it with you first, at a fixed price. We only start that extra work once you have agreed by email.

4.3 With a subscription, small changes to text and photos are included in the price, as many as your package states. Bigger changes we agree with you beforehand, at a fixed price.

5. Prices and payment

5.1 The prices and amounts are in the proposal. The amount in the proposal is the amount you pay.

5.2 You pay half when you place the order; that is the go-ahead for the build. You pay the rest as soon as you have approved the site, before it goes live. With a subscription you then pay each year in advance.

5.3 You pay within 14 days of our payment request, by PayPal or bank transfer. After each payment you receive a receipt.

5.4 If you do not pay on time, we send you a reminder. If payment still does not follow, we may pause the work and not put the website online, or with a subscription take the website offline, until the amount has been paid.

5.5 If we want to change the price of a subscription, we tell you at least 30 days before the new year. If you do not agree, you can cancel the subscription before the new price applies.

6. Website subscription (Basis, Plus, Pro)

6.1 We put the site online and register the domain name in our name. Hosting, the domain name and a secure connection are included in the subscription.

6.2 The subscription runs for at least 12 months, counted from the day the site goes live. After that you can cancel monthly, by email. Anything you paid in advance for months that have not yet started is refunded.

6.3 If you cancel, the site stays online until the end of the last month. We transfer the domain name to your name free of charge and you receive a copy of your website, so that you can put it online elsewhere yourself.

6.4 We keep the site online and up to date, but we cannot rule out that it is sometimes briefly unreachable, for example because of maintenance or a fault at a hosting provider. We fix a fault as quickly as is reasonable.

7. Self-hosting (Start, Complete, Custom)

7.1 The site goes into your own Cloudflare account, in your own name. You buy and pay for the domain name yourself, from a registrar of your choice.

7.2 We help you with the account and putting the site online. After that you manage the site yourself.

7.3 The small changes included with a subscription (article 4.3) are not part of self-hosting. If you want something changed later, we agree a fixed price beforehand.

7.4 You are responsible for the site being reachable (uptime), for your hosting account and for your domain name. A fault there is not our responsibility.

8. Ownership and use

8.1 As soon as you have paid everything, you may use the website without limit for your own business, even if you later stop our subscription.

8.2 The designs, components and software we use for all our clients remain ours. You may use them as part of your website.

8.3 Texts, photos and logos you supply remain yours. Photos we choose from a stock library we use under that library's licence.

8.4 We may show your website as an example of our work, unless you tell us you do not want that.

9. Your content

9.1 You are responsible for what you supply to us and what is on your website. You declare that you have the right to use it, and that it does not break the law or the rights of others.

9.2 If someone holds us liable because of content you supplied, you bear that damage.

9.3 We may refuse, or remove from the site, content that is clearly unlawful.

10. Personal data

10.1 How we handle your data is set out in our privacy statement at bypixelstudio.com/en/privacy.

10.2 If personal data comes in through your website, for example through the contact form, we process it on your behalf and only to deliver it to you. We keep it no longer than needed for that, secure it and do not give it to others, except to the services we use for it.

10.3 If we notice that something has gone wrong with that data, we let you know as soon as possible. If you would like a separate data processing agreement for this, we send you one on request.

11. Liability

11.1 We are only liable for direct damage that results from a mistake of ours.

11.2 Our liability per order is no higher than the amount you paid for that order. With a subscription, it is the amount you paid in the 12 months before the damage.

11.3 We are not liable for indirect damage, such as lost turnover or profit, or damage caused by a fault in services of others.

11.4 These limits do not apply in case of intent or gross negligence on our part.

11.5 Report damage as soon as possible, and at the latest within a year after you discovered it.

12. Force majeure

If force majeure temporarily stops us from delivering, for example illness or a fault at a hosting provider, our obligations are postponed. If that lasts longer than 60 days, we and you may end the order. You then only pay for what has already been delivered.

13. Complaints

If you are not satisfied, email us within 14 days after you noticed the problem, at info@bypixelstudio.com. We reply within 5 working days and look for a solution together with you.

14. Changes to these terms

New versions of these terms apply to new orders. For a running subscription we announce a change at least 30 days in advance. If you do not agree, you can cancel the subscription before the change takes effect.

15. Applicable law

Dutch law applies to every order. If we cannot work it out together, you or we submit the dispute to the competent court in the Netherlands.