These Terms & Conditions (“Terms”) govern your use of the Bixily Digital website and your engagement with Bixily Digital (“we,” “us,” or “our”). By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.
1. About Our Services
Bixily Digital provides digital services including, but not limited to, website design and development, web applications, e-commerce solutions, branding, digital strategy, maintenance, and related technology services.
The specific scope, deliverables, timelines, pricing, and requirements for a project may be agreed upon separately through a proposal, quotation, statement of work, email, or other written communication.
2. Use of Our Website
You agree to use our website only for lawful purposes and in a manner that does not:
- Violate any applicable local, national, or international laws or regulations
- Infringe the rights of another person or organization
- Attempt to gain unauthorized access to our website, systems, or services
- Introduce malicious code, viruses, or other harmful material
- Interfere with the operation, security, or availability of our website
- Use our website for fraudulent, abusive, or unlawful activities
3. Project Scope & Requirements
Project requirements, deliverables, features, functionality, and timelines will be based on the agreed scope of work.
Requests or requirements that fall outside the agreed scope may be treated as additional work and may require additional fees or an updated timeline.
We may request information, content, access credentials, approvals, or other materials from you that are necessary to complete the project.
4. Client Responsibilities
To help ensure the successful delivery of a project, you agree to:
- Provide accurate and complete project information
- Provide required content, images, branding materials, and other assets in a timely manner
- Provide necessary website, hosting, domain, third-party, or platform access where applicable
- Review and provide feedback on deliverables within a reasonable timeframe
- Ensure that content and materials supplied to us do not infringe third-party rights
- Maintain responsibility for the accuracy and legality of information supplied for publication
Delays in providing required materials, access, feedback, or approvals may affect the project timeline.
5. Pricing & Payments
Project pricing and payment terms will be communicated in the applicable proposal, quotation, invoice, or other written agreement.
Unless otherwise agreed in writing:
- Payments are due according to the agreed payment schedule
- Additional work outside the agreed scope may be billed separately
- Third-party costs, licenses, hosting, domains, plugins, software, subscriptions, and other external services may be charged separately where applicable
- We may pause work if required payments remain outstanding
6. Revisions & Changes
Any included revisions or changes will be handled according to the agreed project scope.
Significant changes to approved designs, functionality, requirements, or project direction may be considered additional work and may result in additional charges or changes to the delivery timeline.
7. Third-Party Services
Our services may involve third-party platforms, software, plugins, hosting providers, payment processors, APIs, analytics services, or other external technologies.
We are not responsible for changes, outages, restrictions, pricing changes, security incidents, or failures caused by third-party services that are outside our reasonable control.
Where third-party services require separate subscriptions, licenses, or accounts, the client may be responsible for those costs unless otherwise agreed.
8. Intellectual Property
Unless otherwise agreed in writing, ownership of final project deliverables will be transferred or licensed to the client according to the applicable project agreement and payment status.
Bixily Digital retains ownership of its pre-existing tools, frameworks, reusable code, development methods, processes, templates, libraries, know-how, and other materials that were not created exclusively for the client.
Third-party assets, software, fonts, plugins, libraries, images, and other licensed materials remain subject to their respective licenses and terms.
9. Client Content & Materials
You retain responsibility for the content, data, images, logos, trademarks, documents, and other materials you provide to us.
By providing these materials, you confirm that you have the necessary rights, permissions, and licenses to use them and authorize Bixily Digital to use them for the purpose of providing the agreed services.
10. Website Maintenance & Support
Ongoing maintenance, updates, security monitoring, backups, technical support, and other post-launch services are provided only where specifically agreed.
Unless included in an applicable maintenance or support agreement, we are not responsible for ongoing changes or issues caused by third-party updates, hosting changes, unauthorized modifications, security incidents, or changes made by other parties.
11. Project Delays
We will make reasonable efforts to meet agreed timelines. However, delivery dates may change due to factors including delayed client feedback, unavailable content or access, changes in project scope, third-party dependencies, technical issues, or circumstances beyond our reasonable control.
12. Cancellation & Termination
Either party may request to terminate a project or service arrangement subject to the terms of the applicable agreement.
If a project is cancelled after work has commenced, the client may remain responsible for payment for work completed, approved expenses, third-party costs, and other non-refundable commitments incurred up to the date of cancellation.
We may suspend or terminate services where there is a material breach of these Terms, non-payment, unlawful activity, or other circumstances that reasonably prevent us from continuing the engagement.
13. Refunds
Refund eligibility will depend on the nature of the service, the applicable project agreement, work already completed, and any third-party costs incurred.
Unless otherwise agreed in writing, payments for completed work, purchased licenses, third-party services, or non-refundable commitments may not be refundable.
14. Disclaimers
We make reasonable efforts to provide professional and reliable services. However, we do not guarantee that our website or services will always be uninterrupted, error-free, completely secure, or compatible with every third-party system or future software environment.
Website performance, search engine rankings, advertising results, conversions, sales, traffic, or other business outcomes may depend on factors outside our control. We therefore do not guarantee specific business or marketing results unless expressly agreed in writing.
15. Limitation of Liability
To the maximum extent permitted by applicable law, Bixily Digital will not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, business opportunities, or goodwill arising from the use of our website or services.
Our total liability relating to a particular service or project will, to the extent permitted by applicable law, be limited to the amount paid by the client to Bixily Digital for that specific service or project.
16. Indemnification
You agree to indemnify and hold Bixily Digital harmless from claims, damages, liabilities, losses, and expenses arising from:
- Your breach of these Terms
- Your unlawful use of our website or services
- Content or materials supplied by you that infringe third-party rights
- Your violation of applicable laws or regulations
17. Confidentiality
We will take reasonable steps to protect confidential information shared with us in connection with a project or business relationship.
Confidentiality obligations do not apply to information that is publicly available, independently developed, already lawfully known, or required to be disclosed by law or legal process.
18. Force Majeure
We will not be responsible for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, internet or infrastructure failures, cyber incidents, government actions, war, civil unrest, labor disruptions, widespread service outages, or failures of third-party providers.
19. Changes to These Terms
We may update these Terms & Conditions from time to time to reflect changes to our services, website, business practices, or applicable legal requirements.
Updated Terms will be posted on this page. Your continued use of our website or services after changes are posted constitutes acceptance of the updated Terms, to the extent permitted by applicable law.
20. Governing Law
These Terms will be governed by and interpreted in accordance with the applicable laws of the jurisdiction in which Bixily Digital operates, unless otherwise agreed in writing or required by applicable law.
21. Contact Us
If you have any questions about these Terms & Conditions, please contact us:
Bixily Digital
Email: sales@bixily.com
