Terms of Service

What these terms cover

By engaging MaxedPixel for a project, you agree to these terms. The specific scope, price, and timeline for your project are set out in your written proposal, which takes precedence over these general terms where they conflict.

---

What we do

MaxedPixel provides web design, web application development, SEO services, consulting, and related digital services to small businesses. The exact scope of each engagement is defined in a written proposal that you approve before work begins.

We do not start work without a signed proposal and a deposit. The deposit amount is stated in your proposal (typically 50% for projects under $5,000, negotiated for larger projects).

---

Who owns what

You own

• Your domain name (you must buy and register it yourself; we guide you through this)
• Your brand assets, logo, and content
• Your customer data and business data
• The final delivered website or application, once final payment is received

We own until final payment

• The codebase and all deliverables remain MaxedPixel property until the final invoice is paid in full
• Upon final payment, full ownership transfers to you, including all source code, assets, and documentation

We retain the right to

• Show the completed work in our portfolio (we will always ask first for confidential projects)
• Describe the engagement in general terms (e.g., “we built an enrollment portal for a bilingual academy in Illinois”)

---

Payment

• All prices are stated in USD
• Deposits are non-refundable once work has begun (see Cancellation below)
• Final payment is due upon delivery of the completed project, before site launch or credential transfer
• Monthly retainers are billed on the 1st of each month and due within 7 days
• Late payments accrue interest at 1.5% per month after 14 days past due
• We reserve the right to suspend hosted services for accounts more than 30 days past due, with 7 days written notice

---

Revisions and scope

The number of revision rounds included in your project is stated in your proposal. Revisions are changes to existing scope; new features or significant scope additions are billed separately.

If you request changes that materially expand the project scope, we will write up a change order with the additional cost and timeline before proceeding. You approve it in writing before we start the additional work.

We do not use surprise invoices. If the project is tracking over budget for any reason, we tell you before it happens.

---

Timeline

Project timelines are estimates in the proposal and become binding commitments once work begins. We will notify you promptly if anything threatens the agreed timeline and will propose solutions.

Timelines assume you provide required content (copy, images, brand assets) by the dates agreed in the project kickoff. Delays in content delivery will extend the project timeline accordingly, and we will not be held responsible for missed launch dates caused by late content.

---

Cancellation

You cancelling

• Before work begins: full deposit refund, minus any materials purchased on your behalf
• After work begins: you owe for work completed to date at the hourly equivalent rate (minimum the deposit)
• After delivery: no refund; ownership transfers on final payment

We cancelling

• We may cancel an engagement with 14 days notice if: the project scope has changed materially without agreement, payment is significantly overdue, or the project requires us to do something unethical or illegal
• If we cancel, we refund any payment not yet earned by completed work

Monthly retainers

• Either party may cancel with 30 days written notice
• Prepaid months are refunded pro-rata for unused days

---

Hosting and uptime

For projects on managed MaxedPixel hosting, we target 99.5% uptime. Scheduled maintenance windows are communicated 48 hours in advance. We are not responsible for downtime caused by third-party services (domain registrars, payment processors, APIs your site depends on).

You may migrate your site to another host at any time. Upon request, we will provide all source files, database exports, and credentials within 5 business days.

---

Liability

MaxedPixel is not liable for indirect, incidental, or consequential damages arising from your use of our services. Our total liability for any claim is capped at the total fees paid in the 3 months preceding the claim.

We are not responsible for: lost revenue from downtime, damage caused by third-party services, or any outcome of decisions you make based on analytics or reports we provide.

We are responsible for: delivering what we scoped, fixing bugs in our code within the warranty period, and maintaining your hosting to the agreed standard.

---

Warranty

We warrant that all delivered work will function as specified in the proposal for 90 days after final delivery. During this period, we will fix any bugs or failures to meet spec at no charge.

The warranty does not cover: damage caused by modifications you or a third party made, issues arising from third-party services or APIs, or features not included in the original scope.

---

Confidentiality

We treat your business information as confidential. We do not share project details, client lists, financial information, or any proprietary information you share with us — except with contractors directly working on your project, who are bound by the same confidentiality obligations.

If you need a formal NDA before sharing sensitive information, we will sign one.

---

Governing law

These terms are governed by the laws of the State of Illinois. Any disputes will be resolved in the courts of Lake County, Illinois, unless both parties agree to arbitration.

If you have a dispute, email us first. We have resolved every disagreement to date without involving lawyers and would like to keep that record.

---

Changes to these terms

We may update these terms from time to time. Active customers will be notified by email before any material changes take effect. The date at the top of this page reflects the most recent update.

---

Questions

Terms questions: info@maxedpixel.com

MaxedPixel — Buffalo Grove, IL 60089