Pixel Mind: Agency Policies & Terms of Service

This document outlines the standard terms and conditions governing the relationship between Pixel Mind (Pty) Ltd ("Pixel Mind," "we," "us," or "our") and its clients ("Client," "you," or "your"). By engaging with Pixel Mind for services, you agree to abide by these policies.

1. Refund Policy

Due to the nature of digital marketing services, which involve significant upfront strategy, resource allocation, and ongoing work, Pixel Mind generally operates on a no-refund policy for services already rendered or work already commenced.

Project-Based Services: For project-based work (e.g., website development, initial AI agent setup), refunds are not applicable once work has begun or deliverables have been provided. Should a project be cancelled by the Client before completion, any payments made for work already completed or expenses incurred by Pixel Mind will be retained.

Retainer/Subscription Services: For ongoing monthly services (e.g., AI social media management, continuous AI agent support), fees are billed in advance for the upcoming service period. Refunds are not provided for the current or past service periods.

Exceptions: Any potential refunds, if applicable, will be at the sole discretion of Pixel Mind and will be considered only in exceptional circumstances where Pixel Mind is demonstrably unable to deliver the agreed-upon services as per the signed Service Agreement. Such cases will be assessed on a pro-rata basis for undelivered services, less any expenses incurred.

2. Cancellation Policy

The cancellation terms depend on the type of service engaged:

Monthly Retainer/Subscription Services:

A minimum of 30 (thirty) calendar days' written notice is required for the cancellation of any monthly retainer or subscription service.

This notice period must be provided via email to [email protected]

Services will continue and be billed for the full 30-day notice period. No pro-rata refunds will be issued for any unused portion of a service period if notice is given mid-cycle.

Upon cancellation, access to Pixel Mind's platforms, tools, and any associated AI agents will cease at the end of the final billing cycle.

Project-Based Services:

Cancellation of a project-based service by the Client will result in forfeiture of any deposits paid.

The Client will be liable for payment for all work completed up to the date of written cancellation, calculated at Pixel Mind's standard hourly rates or as per the agreed-upon project milestones in the Service Agreement, whichever is higher.

Any outstanding balances for work completed or expenses incurred must be settled within 7 (seven) days of the cancellation date.

3. Terms of Service (General)

3.1. Scope of Services

Pixel Mind will provide digital marketing and AI-powered solutions as detailed in the specific Service Agreement, Proposal, or Statement of Work ("Service Agreement") signed between Pixel Mind and the Client. Any additional services requested outside the scope of the Service Agreement will be quoted separately.

3.2. Client Responsibilities

The Client agrees to:

Provide all necessary information, access (e.g., website backend, social media accounts, CRM), content, and feedback in a timely manner.

Appoint a primary contact person for all communication and approvals.

Review and approve deliverables promptly. Delays caused by the Client may impact project timelines and incur additional costs.

Ensure all content provided to Pixel Mind for use in marketing materials (text, images, videos) is legally compliant, does not infringe on third-party rights, and is free from defamatory or harmful material.

Comply with all applicable laws and regulations in relation to their business and marketing activities.

3.3. Payment Terms

All fees are as specified in the Service Agreement.

Unless otherwise agreed, monthly retainer fees are billed in advance and due on the 1st of each month.

Project fees may require an upfront deposit (e.g., 50%) with the balance due upon completion or at agreed-upon milestones.

Invoices are payable within 7 (seven) calendar days from the invoice date.

Late payments may incur a penalty fee of 2% per month compounded, or the maximum amount permissible by South African law.

Pixel Mind reserves the right to suspend services for overdue accounts until payment is received in full.

3.4. Intellectual Property (IP) Rights

Upon full payment for services, the Client will own the intellectual property rights to the final deliverables specifically created for them (e.g., website content, specific AI agent conversational flows developed for their brand).

Pixel Mind retains all intellectual property rights to its proprietary tools, methodologies, AI models, frameworks, templates, and underlying code used to deliver the services.

Any third-party assets (e.g., stock images, licensed software) used will remain subject to their respective licenses.

3.5. Confidentiality

Both Pixel Mind and the Client agree to keep confidential any proprietary or sensitive information disclosed by the other party during the course of their engagement, both during and after the termination of services. This excludes information that is publicly available or required by law to be disclosed.

3.6. Limitation of Liability

Pixel Mind will perform its services with reasonable care and skill. However, we do not guarantee specific results (e.g., sales, rankings, traffic) as these depend on various external factors beyond our control.

Pixel Mind shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from the use or inability to use our services.

Pixel Mind's total liability to the Client for any claim arising out of or in connection with these terms or the services shall not exceed the total fees paid by the Client to Pixel Mind for the specific services giving rise to the claim in the 3 (three) months preceding the claim.

3.7. Indemnification

The Client agrees to indemnify and hold harmless Pixel Mind, its employees, and agents from any claims, damages, liabilities, costs, and expenses (including legal fees) arising from:

Any breach of these terms by the Client.

Any content provided by the Client that infringes on third-party rights or is unlawful.

Any actions taken by Pixel Mind on behalf of the Client as instructed by the Client.

3.8. Dispute Resolution (South African Context)

Any dispute arising out of or in connection with these terms shall first be attempted to be resolved amicably through good faith negotiations between the parties.

If a dispute cannot be resolved through negotiation within 30 (thirty) days, either party may refer the dispute to mediation by a single mediator appointed by agreement between the parties.

If mediation fails, the dispute may be referred to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).

These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. The parties consent to the non-exclusive jurisdiction of the High Court of South Africa.

3.9. Termination

Pixel Mind may terminate services immediately if the Client:

Fails to make payment within 14 (fourteen) days of the due date.

Breaches any material term of this agreement and fails to remedy the breach within 7 (seven) days of written notice.

Engages in any activity that is illegal, unethical, or damages Pixel Mind's reputation.

4. Other Relevant Policies

4.1. Data Privacy Policy (POPIA Compliance Statement)

Pixel Mind is committed to protecting the privacy and personal information of its clients and their data subjects in accordance with the Protection of Personal Information Act (POPIA), Act 4 of 2013, and other applicable data protection laws in South Africa.

We will collect, process, and store personal information only for legitimate business purposes as outlined in our separate detailed Privacy Policy (available upon request).

We implement reasonable technical and organizational measures to safeguard personal information against loss, unauthorized access, disclosure, alteration, or destruction.

Clients are responsible for ensuring they have obtained all necessary consents from their data subjects for any personal information they provide to Pixel Mind for processing.

4.2. Service Level Agreement (SLA)

Pixel Mind is dedicated to providing high-quality services. Our standard SLA commitments include:

Response Time: We aim to respond to all client inquiries within 24-48 business hours.

AI Tool Uptime: We strive for maximum uptime for our AI-powered tools and platforms, relying on robust infrastructure and proactive monitoring. Specific uptime guarantees may be outlined in individual Service Agreements for critical services.

Support Channels: Support is primarily provided via email and scheduled calls during business hours.

4.3. Acceptable Use Policy

Clients agree not to use Pixel Mind's services for any unlawful, fraudulent, or harmful activities, including but not limited to:

Sending unsolicited commercial communications (spam).

Distributing malware or harmful content.

Engaging in any activity that violates third-party rights or applicable laws.

Disclaimer: This document is intended for informational purposes only. It does not constitute legal advice. Pixel Mind strongly recommends that you consult with a qualified legal professional in South Africa to customize and review these policies to ensure they meet your specific business needs and comply with all current and future legal requirements.