Terms of Service

These Terms of Service (“Terms”) govern your access to and use of all services, deliverables, and digital products provided by PikZiy Studio, a design studio formed in Pune, India (“PikZiy Studio,” “we,” “us,” or “our”). By accepting our Proposal or making any payment, you (“Client” or “you”) agree to be bound by these Terms. If you do not agree, do not accept our Proposal or use our services.

1. Scope, Acceptance & Exclusivity

• Proposal Controls. All work, deliverables, timelines, and fees are as set forth in our Proposal. Any additional services or deliverables requested beyond the Proposal will incur extra fees at our prevailing hourly rate, only upon separate, written agreement.

• Entire Agreement. These Terms and the Proposal constitute the entire agreement between the parties. No other terms (verbal, email, or form contract) shall apply or override these Terms.

• Exclusive Terms. These Terms and the Proposal are the sole and exclusive agreement governing the project. Any other contract, agreement, or terms—whether written, verbal, or implied—are null, void, and unenforceable with respect to this project.

  
  

2. Offers & Pricing

We provide a range of goods, services, and digital products. Pricing is tailored to your requirements and documented in our Proposal. Quoted prices exclude applicable taxes and any third-party payment gateway fees.

3. Effective Date

This Agreement becomes effective on the date you accept PikZiy Studio’s Proposal.

4. Fees, Payment & TDS

• Payment Schedule. Client shall pay 60% of the total fee upfront before any work begins. The remaining 40% (plus any additional fees) is due in full before final deliverables are handed over. No partial deliveries or source files until full payment is received.
  

• Limited to No Refunds. Clients have a 30‑hour cooling‑off period from payment receipt to cancel without fees. After work begins, refunds are available only if we fail to meet a milestone date by more than 5 business days, limited to the fees allocated to that milestone.
  

• TDS Acknowledgement. If Client deducts Tax Deducted at Source (TDS) from any payment, Client must provide an official government acknowledgement contemporaneously. Failure to do so constitutes a material breach and entitles PikZiy Studio to invoice the full amount without deduction.
  

• Late Fees & Interest. Invoices not paid within 7 calendar days will accrue interest at 5% per week on the outstanding balance until paid in full. PikZiy Studio may also suspend work for non-payment.

5. Deliveries & Timelines

• First Draft Presentation. “T” (Transaction Date) is the calendar date on which we receive and clear your upfront payment. Unless a different milestone or date is specified in the project timeline, we will deliver an initial draft or concept for your review within five (5) business days of T + 1 (i.e., starting on the next business day after the upfront payment clears).
  

• Final Delivery. Because creative work is inherently iterative, no fixed final delivery date is guaranteed. All final deliverables—including source files—will be released only after full payment clearance. Until then, deliverables remain watermarked and stored on our servers.
  

• Auto-Approval. If Client does not provide feedback or approval within 3 business days of any submission, the deliverable will be deemed approved, and the project will proceed to the next phase.

6. Revisions & Scope Creep

• Design Concepts & Revisions. We provide up to two (2) rounds of revisions on your chosen design concept to ensure your satisfaction. Any request for further rounds beyond these two (2) will be billed at our standard hourly rate, and excessively vague or voluminous feedback within any revision round may also incur additional fees.
  

• Additional Work. Any request outside the original scope requires a separate written agreement and fee estimate.

7. Client Obligations & Co-operation

• Content & Feedback Deadlines. Client must supply all text, images, feedback, and approvals by the calendar dates specified in the Proposal or within 3 business days of each milestone, whichever is earlier.
  

• Consequences of Delay. If Client misses a deadline, subsequent milestones automatically shift by the same duration, and PikZiy Studio may invoice for idle time at its hourly rate.

  
  

8. Acceptance Testing & Sign-Off

Formal Sign-Off. Client must execute a one-page Acceptance Form within 5 business days of final deliverable submission. Failure to sign constitutes deemed acceptance and final payment becomes due immediately.

9. Expenses

Client will reimburse all reasonable, pre-approved expenses as set forth in PikZiy Studio’s invoices.

10. Ownership & Usage Rights

• Graphic Design Collaterals. Upon final payment, Client receives a non-exclusive, perpetual license to use approved design collateral for business promotion. PikZiy Studio retains ownership of all preliminary concepts, source files, and rejected designs.
  

• Website Ownership. All website design, code, and associated IP remain vested in PikZiy Studio unless Client requests and pays our standalone ownership-transfer fee.
  

• Portfolio Rights. PikZiy Studio may showcase approved work in portfolios or marketing materials unless a separate non-disclosure fee is paid.

11. Subscriptions & Renewals

• Subscription Terms. Initial subscription terms (6 months or 1 year) and renewal processes are detailed in the Proposal. No post-purchase revocation is permitted.
  

• Automatic Renewal & Cancellation. Subscriptions renew automatically on the due date via the payment method on file. To cancel, Client must give 14 days’ written notice to hello@pikziystudio.com or +91-8999949439.

12. Term & Termination

• Termination for Cause. Either party may terminate if the other materially breaches these Terms and fails to cure within seven (7) days of written notice. All unpaid fees become immediately due, no refunds.
  

• Termination without Cause. Either party may terminate upon seven (7) days’ written notice. Client remains liable for all fees and expenses incurred through effective termination date.
  

• Cancellation Fee. If Client terminates without cause after work has begun, Client owes a cancellation fee equal to 50% of the remaining balance.

13. Performance Liability & Warranty

• No Performance Guarantee. Upon the Client’s formal sign-off and handover of the final deliverables, PikZiy Studio makes no warranty—express or implied—of uninterrupted, error-free, or bug-free operation; all risk as to quality, performance, and suitability rests entirely with the Client.
  

• Short Warranty. A 7-day warranty window applies for bug fixes after final delivery. Additional support is billed at our hourly rate under a separate maintenance agreement.
  

• No Other Warranties. Except for the short warranty, services are provided "as is." No implied warranties except those that cannot be disclaimed by law.
  

• Limitation of Liability. PikZiy Studio’s aggregate liability shall not exceed the total fees paid. We shall not be liable for indirect, incidental, special, or consequential damages.
  

• Statute of Limitations. Claims must be brought within 15 days of the event giving rise to the claim.

14. Indemnification & Third-Party Disclaimer

• Client Indemnity. Client shall defend, indemnify, and hold harmless PikZiy Studio from any claims, liabilities, damages, or expenses (including attorneys’ fees) arising from Client-supplied materials, trademarks, or instructions.
  

• Mutual Indemnity. Each party shall indemnify the other against claims arising from its breach, negligence, or infringement of third‑party IP.
  

• Third-Party Services. We make no warranties regarding third-party goods, services, or APIs integrated into deliverables. Failures or downtime of those services are outside our control.

15. Independent Contractor, Assignment & Subcontracting

• Independent Contractor. PikZiy Studio is an independent contractor; no joint venture or employment relationship is created.
  

• Client Assignment. Client may not assign or delegate this Agreement without PikZiy Studio’s prior written consent.
  

• Subcontracting. PikZiy Studio may engage subcontractors or third parties at its discretion.

16. Non-Solicitation & Non-Disparagement

Client agrees not to solicit or hire any PikZiy Studio personnel during the project and for 24 months thereafter, and neither party shall make public disparaging statements about the other.

17. Confidentiality & Data Protection

Both parties agree to keep confidential all non-public business information of the other and not disclose it except as required by law.

18. Governing Law, Venue & Dispute Resolution

All disputes shall be governed by Indian law and resolved exclusively in the courts of Pune, India. Prior to litigation, the parties agree to a 14-day mediation in Pune; thereafter, any unresolved claim will be submitted to binding arbitration under the Indian Arbitration & Conciliation Act, 1996.

19. Severability & Survival

If any provision is held unenforceable, the remainder remains in full force. Sections on Payment, Ownership, Liability Limitation, Indemnity, and Dispute Resolution survive termination.

20. Force Majeure

Delays caused by events beyond our control (Acts of God, fire, theft, illness, or scope changes) shall extend all deadlines without liability.

21. Changes to Terms

We reserve the right to modify these Terms at any time by posting updated Terms on our website and notification to client via email. Continued use of our services after such posting constitutes acceptance.

22. Questions

For questions about these Terms, contact us at hello@pikziystudio.com.