Terms of Service

By accessing and using the newpixelcraft website located at newpixelcraft.com (the "Service"), you accept and agree to be bound by the terms and provision of this agreement.

These Terms of Service ("Terms") govern your use of our website operated by newpixelcraft ("us", "we", or "our"). If you disagree with any part of these terms, then you may not access our Service.

These Terms apply to all visitors, users, and others who access or use the Service. The Service is intended for users who are at least 18 years old. By using our Service, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.

We reserve the right to refuse service to anyone for any reason at any time. We may modify these Terms at any time, and such modifications will be effective immediately upon posting on this page. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

newpixelcraft is a digital agency specializing in web design, development, and creative digital solutions. Our Service includes, but is not limited to:

• Website design and development services
• Custom software development
• Digital marketing solutions
• Brand identity and graphic design
• E-commerce platform development
• Mobile application development
• SEO and digital strategy consulting
• Technical support and maintenance

We provide these services through various engagement models including project-based work, ongoing maintenance contracts, and consultation services. The specific scope, deliverables, and timeline for each project will be outlined in individual service agreements or contracts.

All services are provided in accordance with industry best practices and professional standards. We strive to deliver high-quality solutions that meet our clients' objectives and exceed their expectations.

As a user of our Service, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

You are also required to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate accounts that contain inaccurate, false, or misleading information.

When using our Service, you agree to:

• Provide true, accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept all risks of unauthorized access to your account
• Keep your contact information current and accessible
• Respond to communications from us in a timely manner
• Provide necessary materials, content, and feedback as required for project completion
• Make timely payments for services rendered

You are responsible for any content you submit, upload, or transmit through our Service. This includes ensuring that you have all necessary rights and permissions for such content and that it does not violate any laws or third-party rights.

The Service and its original content, features, and functionality are and will remain the exclusive property of newpixelcraft and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

All intellectual property rights in the Service, including but not limited to software, code, graphics, logos, images, audio clips, digital downloads, data compilations, and text, are owned by newpixelcraft or our licensors and are protected by applicable intellectual property laws.

For client projects:

• Upon full payment, clients receive full ownership rights to custom-developed software and websites created specifically for their project
• newpixelcraft retains ownership of pre-existing intellectual property, general knowledge, skills, and techniques developed prior to or independent of the client project
• Clients grant newpixelcraft the right to display completed work in our portfolio and marketing materials unless otherwise agreed in writing
• Third-party components, libraries, and frameworks remain subject to their respective open-source licenses

Clients retain full ownership of all content, materials, and data they provide to us for use in their projects. We do not claim ownership of client-provided materials and will return or destroy such materials upon project completion, as directed by the client.

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices regarding the collection, use, and disclosure of your personal information.

We are committed to protecting your personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the Data Privacy Act of the Philippines. Our data processing activities are transparent, lawful, and proportionate to the purposes for which data is collected.

Data Collection and Use:

• We collect information you provide directly to us, such as when you create an account, contact us, or use our services
• We automatically collect certain information about your use of our Service, including IP address, browser type, pages visited, and time spent
• We use this information to provide, maintain, and improve our services, process transactions, and communicate with you
• We do not sell, rent, or share your personal information with third parties except as described in our Privacy Policy

Data Security: We implement appropriate technical and organizational security measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure.

Your Rights: Depending on your location, you may have certain rights regarding your personal data, including the right to access, correct, delete, or restrict processing of your data. To exercise these rights, please contact us using the information provided in Section 15.

You agree not to use the Service for any unlawful purpose or in any way that could damage, disable, overburden, or impair our servers or networks. You also agree not to attempt to gain unauthorized access to any part of the Service or to any other systems or networks.

Prohibited uses of our Service include, but are not limited to:

• Violating any applicable laws or regulations
• Infringing on intellectual property rights of others
• Transmitting harmful, offensive, defamatory, or illegal content
• Attempting to interfere with, compromise, or disrupt the Service
• Using automated systems to scrape or harvest data without permission
• Distributing malware, viruses, or malicious code
• Spamming or sending unsolicited communications
• Impersonating others or providing false information
• Engaging in fraudulent or deceptive practices
• Violating the rights of privacy of others

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Acceptable Use Policy, including reporting violations to law enforcement authorities.

Content that violates these guidelines may be removed immediately and without notice. Repeat offenders may have their access to the Service permanently terminated.

We reserve the right, but are not obligated, to monitor the content on our Service and to remove any content that we deem to be inappropriate, offensive, or in violation of these Terms. Our content moderation practices are designed to maintain a safe and professional environment for all users.

We may remove or disable access to content that:

• Violates these Terms of Service
• Infringes on intellectual property rights
• Contains harmful, offensive, or illegal material
• Constitutes spam, advertising, or promotional content
• Attempts to manipulate or deceive users
• Could damage our reputation or the Service

While we strive to maintain high standards of content quality, we cannot guarantee that all content will be reviewed or moderated immediately. We encourage users to report inappropriate content through our contact channels.

For client projects, we work closely with clients to ensure that all project-related content meets their requirements and standards. We provide regular updates and opportunities for feedback throughout the project lifecycle.

We strive to provide reliable and continuous access to our Service, but we cannot guarantee that the Service will be available at all times. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

We will make reasonable efforts to:

• Schedule maintenance during off-peak hours when possible
• Provide advance notice of planned maintenance through our website or email
• Minimize disruption to your access to the Service
• Restore normal operations as quickly as possible after any interruption
• Maintain redundant systems and backup procedures to ensure data integrity

We are not liable for any downtime, delay, or failure in performance resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, fuel, energy, labor, or materials.

For hosted websites and applications, we maintain 99.9% uptime commitments through our hosting partnerships. In the event of extended outages, we will provide regular updates and work to resolve issues as quickly as possible.

Payment terms and billing procedures will be specified in individual service agreements or project contracts. Generally, we require:

• A non-refundable deposit to secure project start (typically 30-50% of total project cost)
• Progress payments at agreed milestones during project development
• Final payment upon project completion and client approval
• Monthly payments for ongoing services such as maintenance and support

Accepted Payment Methods: We accept bank transfers, credit cards, and other payment methods as agreed upon in individual contracts. All payments should be made in the currency specified in the service agreement.

Late Payments: Payments not received within 30 days of the due date may incur a late fee of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for accounts with overdue payments until all outstanding amounts are settled.

Refunds: Deposits are non-refundable except in cases where we are unable to complete the project as specified. In such cases, a prorated refund of payments made minus reasonable costs incurred will be provided.

Taxes: All prices are exclusive of applicable taxes. Clients are responsible for all taxes, duties, and assessments arising from the use of our services, except for taxes based on our net income.

Either party may terminate the service agreement at any time with written notice. The termination process and consequences depend on the type of service and the terms specified in individual contracts.

Client-Initiated Termination:

• Clients may terminate projects with 14 days written notice
• Deposits are non-refundable regardless of termination reason
• Clients will be invoiced for all work completed up to the termination date
• All project files and materials will be provided upon receipt of final payment
• Ongoing services may be terminated with 30 days notice

Company-Initiated Termination:

• We may terminate services for breach of these Terms or non-payment
• We will provide 7 days written notice before termination for non-payment
• Immediate termination may occur for violations of acceptable use policies
• Clients will receive prorated refunds for prepaid services not yet delivered

Upon termination, all provisions of these Terms that should survive termination shall survive, including intellectual property rights, confidentiality obligations, warranty disclaimers, and limitations of liability.

The Service is provided on an "as is" and "as available" basis. newpixelcraft makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Limitation of Liability: In no event shall newpixelcraft, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use of or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, trojan horses, or the like that may be transmitted through the Service
• Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Service

Our total liability to you for all damages, losses, and causes of action shall not exceed the amount you paid to us for the service giving rise to the claim during the 12 months preceding the claim.

You agree to defend, indemnify, and hold harmless newpixelcraft and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service. You agree that we shall have the right to assume exclusive defense and control of any matter subject to indemnification by you, and that you will cooperate with our defense of such claims.

You agree to indemnify us against all claims arising from:

• Your use of the Service in violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your violation of any applicable laws or regulations
• Any content you submit, post, or transmit through the Service
• Your fraudulent or deceptive conduct

These Terms shall be interpreted and governed by the laws of the Republic of the Philippines, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Iloilo City, Philippines.

For international clients, these Terms shall be governed by and construed in accordance with Philippine law, and any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Iloilo City, Philippines.

We make no representation that the Service is appropriate or available for use in locations outside the Philippines. Access to the Service from territories where the Service is illegal is prohibited. If you access the Service from outside the Philippines, you do so at your own risk and are responsible for compliance with local laws.

Alternative Dispute Resolution: Before pursuing formal legal action, we encourage you to contact us directly to resolve any disputes through good faith negotiations. We are committed to finding mutually acceptable solutions to conflicts.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

We will notify users of significant changes through:

• Email notification to registered users
• Prominent notice on our website
• Updated "Last Modified" date at the top of these Terms
• In-app notifications for applicable services

It is your responsibility to review these Terms periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

If you have any questions about these Terms of Service, please contact us using the information below:

For urgent matters requiring immediate attention, please call us during business hours. For non-urgent inquiries, email is preferred as it allows us to provide thorough and considered responses.

We typically respond to inquiries within 24-48 hours during business days. Complex questions or legal matters may require additional time for thorough investigation and response.