Our Agreement for Services and Website Use.
Hello! This document is our official Terms and Conditions. We know legal documents can be dense, so we wanted to start by explaining our philosophy. These terms are designed to do one thing: ensure a clear, fair, and successful working relationship.
They create a shared understanding of how we'll work together, protecting both you as the Client and us as the Studio. In short, it's the roadmap for making great work happen.
Here are the most important principles in plain English:
As you read the full details below, please know that our goal is always a positive partnership. If you have any questions, just ask!
Welcome to the 66pixels Design and Consulting Studio website ("Website"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "You," or "Your") and 66pixels Design and Consulting Studio ("66pixels," "We," "Us," or "Our"), a business entity established and operating under the laws of India, with its principal place of business in Hyderabad, India. By accessing this Website, utilizing our services, or engaging in any business relationship with 66pixels, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
1.1 These Terms constitute the entire and exclusive agreement between You and 66pixels regarding the use of the Website and services, superseding any prior agreements, communications, or proposals, whether oral or written.
1.2 66pixels reserves the right, at its sole discretion, to modify, amend, or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website and/or services after any such changes constitutes your irrevocable acceptance of the revised Terms.
1.3 It is your responsibility to review these Terms periodically to ensure continued compliance. If you do not agree with any part of the current Terms, you must immediately discontinue use of the Website and services.
2.1 66pixels provides professional design and consulting services, including but not limited to:
2.2 The specific services to be provided for each project shall be outlined in a separate project agreement or quote, which shall be incorporated by reference into these Terms. Project agreements will typically outline distinct project phases, such as, but not limited to: Discovery & Strategy, Design & Iteration, Development (if applicable), and Handoff & Delivery. Milestones and payments (such as the Midpoint Payment defined in section 5.2) will often align with the completion of these phases.
3.1 66pixels solely provides the agreed-upon services as outlined in the project agreement. The Client assumes full responsibility for the implementation, utilization, and authorization of all deliverables, advice, and strategies provided by 66pixels.
3.2 The Client acknowledges and agrees that 66pixels shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Client's implementation, use, or authorization of such services or deliverables.
3.3 The Client acknowledges that 66pixels is not providing legal, financial, tax, or regulatory advice, and that the Client should consult with appropriate professionals regarding such matters.
4.1 To ensure a smooth, successful, and timely project, our partnership relies on a few key commitments from you:
4.2 The Client acknowledges that failure to fulfill these obligations may result in project delays, additional costs, or termination of the project agreement at 66pixels' sole discretion.
4.3 If the Client is unresponsive or fails to provide necessary feedback or materials for a period of thirty (30) consecutive days, 66pixels reserves the right to place the project on hold, deeming it "dormant." A dormant project may be subject to a restart fee to cover the costs of reallocating resources and getting the project back into the production schedule. 66pixels will provide written notice before a project is declared dormant.
5.1 All projects require a written project agreement or quote, digitally or physically signed by the Client, before any work commences. This document will outline the scope of work, deliverables, project phases, timelines, and payment terms. Any requests for work outside of this defined scope ("scope creep") will require a separate change order and may incur additional costs and timeline adjustments. No project work will commence until the Upfront Payment (as defined in section 5.2) has been received by 66pixels.
5.2 Unless otherwise specified in the project agreement, payment terms are as follows:
5.3 All invoices are due within fifteen (15) days of the invoice date (Net 15). A late fee of 5% of the overdue amount will be applied if payment is not received within seven (7) days of the due date. Additional interest may accrue on overdue amounts as permitted by applicable law.
5.4 66pixels reserves the right to suspend or terminate all services and withhold all deliverables if the Client fails to make any payment when due.
5.5 All quotes and invoices are valid for fifteen (15) days from the date of issuance.
5.6 All fees and charges are exclusive of any applicable taxes, which shall be the responsibility of the Client.
5.7 Discounts, if offered by 66pixels, are applicable only to ongoing retainer contracts explicitly agreed upon in writing. Discounts do not apply to one-time projects unless specifically stated in the project agreement.
5.8 The Client agrees to reimburse 66pixels for any pre-approved, third-party expenses incurred in connection with the project. These include, but are not limited to, font licenses, stock photography/videography, and premium plugin or software subscriptions. 66pixels will obtain the Client's written approval before purchasing any such assets.
6.1 Unless otherwise stated in the project agreement, the project fee includes a maximum of two (2) major design revisions.
6.2 To keep the project on track, we distinguish between minor and major changes. While the final classification is at our professional discretion, we'll always aim for a common-sense approach:
6.3 After the two (2) allowed major design revisions, or for any additional minor revisions beyond a reasonable number as determined by 66pixels, additional revisions will be billed at 66pixels’ standard hourly rate, which varies based on the nature and complexity of the work required. The applicable hourly rate will be communicated to the Client and, where possible, specified in the project agreement. All such charges will be agreed upon in writing before the additional work is undertaken.
6.4 Any request for changes that fall outside the agreed-upon scope of work shall be considered a new project or addition to the existing project and will be subject to a separate quote and agreement.
7.1 Unless explicitly agreed upon in writing and subject to additional fees, 66pixels retains all intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and other proprietary rights, in all design concepts, proposals, drafts, preliminary designs, source files, and other materials created during the project.
7.2 Upon receipt of full payment from the Client, 66pixels grants the Client a license to use the final, approved deliverables for the specific purpose and media outlined in the project agreement. This license is non-transferable. While the license is technically non-exclusive, 66pixels agrees that it will not resell or repurpose the Client's final, unique combination of design elements as a template for another client. This ensures the uniqueness of your deliverable while allowing 66pixels to retain the rights to the underlying individual design elements, techniques, and code for use in future projects.
7.3 Ownership of the original designs, concepts, source files (e.g., .ai, .psd, .fig files), and all preliminary materials shall remain the exclusive intellectual property of 66pixels. These are not included in the standard project deliverables. The Client may purchase a license or full ownership of these source files through a separate written 'Source File Buyout' agreement, which will be subject to an additional fee.
7.4 The Client warrants that all materials provided to 66pixels for use in the project do not infringe upon the intellectual property rights of any third party.
8.1 66pixels may, at its discretion, utilize third-party services, tools, platforms, or materials in the provision of services to the Client.
8.2 The Client acknowledges and agrees that their use of such third-party services or materials is subject to the terms and conditions and privacy policies of the respective third-party providers.
8.3 66pixels is acting on the Client's behalf and is not responsible for any errors, problems, or liabilities arising from the Client's use of these third-party services or materials.
8.4 While 66pixels will endeavor to inform the Client of any significant third-party services or materials (e.g., paid fonts, stock imagery, platform subscriptions) that require separate licensing or have their own terms, the ultimate responsibility for reviewing and complying with any applicable third-party terms rests with the Client.
8.5 The Client shall be responsible for any licensing fees, royalties, or other costs associated with the use of third-party materials incorporated into the deliverables.
9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 66PIXELS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF 66PIXELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
9.2 66PIXELS' TOTAL LIABILITY TO THE CLIENT FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES PROVIDED SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO 66PIXELS DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
9.3 The Client acknowledges and agrees that they are best situated to define how their brand or image is viewed and, therefore, bear sole responsibility for brand strategy and public image. The Client shall be solely responsible for image issues that arise from any actions or services that the Client approves and may not hold 66pixels accountable for issues or concerns that arise from the Client's choices. 66pixels also shall not be held liable for outcomes or expectations that are not met for brand development and customer service issues that arise from the client's choices, as the client is solely responsible.
9.4 The Client agrees to indemnify, defend, and hold harmless 66pixels, its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees), judgments, settlements, and demands of every kind arising out of or in any way connected with:
9.5 This indemnification obligation shall survive the termination of these Terms and the completion of any project.
10.1 66pixels agrees to keep confidential all non-public information provided by the Client during the course of the project. This includes, but is not limited to, business strategies, customer data, financial information, and proprietary processes.
10.2 The Client agrees to keep confidential 66pixels' proprietary information, including pricing, methodologies, creative processes, and other business information.
10.3 Both parties shall comply with all applicable data protection and privacy laws and regulations.
10.4 The confidentiality obligations under this section shall survive the termination of these Terms and the completion of any project indefinitely.
10.5 Notwithstanding the foregoing, the confidentiality obligations shall not apply to information that:
11.1 THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
11.2 66PIXELS DOES NOT WARRANT THAT:
11.3 The Client acknowledges that 66pixels does not guarantee any particular business outcome or result from the use of its services or deliverables.
12.1 66pixels may terminate the project agreement and cease providing services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if the Client breaches any of the terms or conditions of these Terms or fails to meet their obligations.
12.2 The Client may terminate the project agreement subject to the following conditions:
12.3 Upon termination, all licenses granted herein shall immediately terminate, and the Client shall cease all use of any materials provided by 66pixels for which full payment has not been made or for which license rights are revoked.
12.4 The provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.
13.1 These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
13.2 Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, where good faith negotiations between the parties fail to reach a resolution within thirty (30) days, shall be resolved through binding arbitration.
13.3 The arbitration shall be conducted in accordance with the rules of the Arbitration and Conciliation Act, 1996 of India, as amended from time to time.
13.4 The place of arbitration will be Hyderabad, India. The language of the arbitration shall be English. The arbitration panel shall consist of one (1) arbitrator mutually agreed upon by the parties.
13.5 The parties agree that any arbitration decision or award shall be final and binding and may be enforced in any court of competent jurisdiction.
13.6 Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to prevent the unauthorized use or disclosure of confidential information or intellectual property rights in any court of competent jurisdiction.
13.7 The parties agree to waive any right to a jury trial in connection with any action or litigation arising out of or relating to these Terms.
14.1 The content of this Website is for informational purposes only and does not constitute professional advice.
14.2 66pixels is not responsible for the accuracy, completeness, or timeliness of the information on this Website.
14.3 The Client agrees not to:
15.1 These Terms, together with any project agreement or quote, constitute the entire agreement between the Client and 66pixels relating to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
15.2 No modification or amendment to these Terms shall be effective unless in writing and signed by both parties.
16.1 If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent, or if that is not possible, severed from these Terms.
16.2 The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect.
17.1 The failure of 66pixels to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17.2 No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
18.1 The Client shall not assign, transfer, delegate, or subcontract any of its rights or obligations under these Terms without the prior written consent of 66pixels.
18.2 66pixels may assign, transfer, delegate, or subcontract any of its rights or obligations under these Terms without the Client's consent.
During the term of any project agreement and for a period of one (1) year thereafter, the Client agrees not to directly or indirectly solicit, hire, or engage any employee or key subcontractor of 66pixels who was involved in the Client's project, for any work that is competitive with the services offered by 66pixels.
20.1 We take great pride in the work we create with our clients. Once your project has been made public, we reserve the right to showcase the completed project in our portfolio (online and offline) for promotional purposes, unless the Client specifically requests otherwise in writing, and such request is agreed to by 66pixels.
20.2 Such portfolio use may include images of the deliverables, brief descriptions of the project, and the Client's name and/or logo.
20.3 The Client grants 66pixels a non-exclusive, worldwide, royalty-free license to use the Client's name, logo, and images of the deliverables for portfolio, promotional, and marketing purposes.
20.4 Notwithstanding the foregoing, 66pixels agrees to honor any reasonable non-disclosure agreement (NDA) or request for confidentiality from the Client. Any work subject to such an agreement will not be displayed in our portfolio until after it has been publicly launched by the Client or the confidentiality period has expired.
21.1 Neither party shall be liable for any failure to perform its obligations under these Terms if such failure is caused by any act of God, war, terrorism, strike, labor dispute, civil commotion, fire, flood, earthquake, pandemic, epidemic, government action, or other cause beyond such party's reasonable control.
21.2 The affected party shall promptly notify the other party of the force majeure event and shall use reasonable efforts to resume performance as soon as reasonably possible.
21.3 If a force majeure event continues for more than sixty (60) days, either party may terminate the project agreement upon written notice to the other party.
22.1 66pixels and the Client agree to act in good faith and to deal fairly with each other in all matters relating to these Terms and the project agreement.
22.2 Both parties shall work cooperatively to resolve any disputes or issues that may arise during the course of the project.
The relationship between the Client and 66pixels is that of independent contractors. Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties. Neither party shall have the authority to contract for or bind the other party in any manner whatsoever.
24.1 Any notice or other communication required or permitted to be given under these Terms shall be in writing and shall be deemed to have been duly given when delivered in person, sent by email with confirmation of receipt, or sent by registered or certified mail, return receipt requested, postage prepaid, addressed to the respective parties at their addresses specified in the project agreement.
25.1 For web development projects, 66pixels provides a thirty (30) day warranty period following the official launch date. During this period, we will correct any bugs or errors found in the original scope of work at no charge.
25.2 A "bug" is defined as a demonstrable flaw in the deliverables that deviates from the agreed-upon scope and functionality. It does not include feature requests, changes in scope, or issues arising from third-party software/plugin updates, server or hosting environment changes, or modifications made to the code by the Client or any third party.
25.3 All support and maintenance requested after the 30-day warranty period, including bug fixes, updates, and general support, will be considered a new task and billed at our standard hourly rate or covered under a separate ongoing Maintenance Agreement.
25.4 66pixels is committed to creating accessible digital experiences. During development, we focus on established accessibility principles and best practices. However, unless a formal Accessibility Compliance service (such as a WCAG 2.1 AA audit and remediation) is explicitly included in the project agreement, our standard services do not include or guarantee compliance with any specific legal or technical accessibility standard. The Client acknowledges that maintaining the accessibility of the website, particularly regarding user-generated content, is an ongoing responsibility. Further accessibility audits or remediation work can be quoted as a separate service.
If you have any questions about these Terms, please contact us at: hello@66pixels.com
Last Updated: June 21, 2025