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.
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 As a Client, you expressly agree to:
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.
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, timelines, and payment terms.
5.2 Unless otherwise specified in the project agreement, payment terms are as follows:
5.3 Late payments shall accrue interest at the rate of 30% per month, calculated daily from the due date until the date of actual payment.
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 30 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.
6.1 Unless otherwise stated in the project agreement, the project fee includes a maximum of three (3) design change requests.
6.2 66pixels shall determine, at its sole and absolute discretion, what constitutes a "minor" or "major" change. Generally:
6.3 After the three (3) allowed design change requests, additional revisions will be billed at an hourly rate of $100 USD (or equivalent in the local currency) or as otherwise agreed upon in writing.
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 non-exclusive, non-transferable license to use the final, approved deliverables for the specific purpose and media outlined in the project agreement.
7.3 Ownership of the original designs, concepts, source files, and all preliminary materials shall remain the intellectual property of 66pixels unless specifically purchased by the Client through a separate written agreement that explicitly transfers such ownership rights.
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 66pixels is under no obligation to explicitly disclose or itemize to which third parties the Client is bound. It is understood and agreed that the Client is responsible for reviewing and complying with any applicable third-party terms regardless of explicit notification from 66pixels.
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 for a period of five (5) years.
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.
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.
19.1 66pixels reserves the right to showcase the completed project in its portfolio (online and offline) for promotional purposes, unless the Client specifically requests otherwise in writing, and such request is agreed to by 66pixels.
19.2 Such portfolio use may include images of the deliverables, brief descriptions of the project, and the Client's name and/or logo.
19.3 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.
20.1 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.
20.2 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.
20.3 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.
21.1 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.
21.2 Both parties shall work cooperatively to resolve any disputes or issues that may arise during the course of the project.
22.1 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.
If you have any questions about these Terms, please contact us at: hello@66pixels.com
Last Updated: April 10, 2025