Last updated: 1 July 2026
These Terms and Conditions (“Terms”) govern your access to and use of the website operated by PixelKiosk (“PixelKiosk”, “we”, “us”, or “our”), and the web development, mobile development, design, and related services we provide. By accessing our website, engaging our services, or accepting a proposal, quote, or statement of work, you (“you” or the “Client”) agree to be bound by these Terms. Please read them carefully.
1. About us
PixelKiosk is a web and mobile development studio based in Mumbai, Maharashtra, India, providing services to clients in the United States and around the world. You can contact us at atish@pixelkiosk.com or at WeWork, Tower B, 13th Floor, 247 Park, Lal Bahadur Shastri Marg, Vikhroli West, Mumbai, Maharashtra 400079, India.
2. Definitions
- Services — the web development, mobile app development, design, QA, CMS, consulting, and related services described in a proposal or statement of work.
- Proposal / SOW — a written proposal, quote, estimate, or statement of work describing the scope, deliverables, timeline, and fees for a specific engagement.
- Deliverables — the work product we create and provide to you under an engagement.
3. Services and proposals
We provide the Services described in each Proposal or SOW agreed between us. Where these Terms conflict with an individually signed agreement, the signed agreement prevails for that engagement. Any work outside the agreed scope will be treated as a change request under Section 7.
4. Fees, invoicing, and payment
Fees are set out in the applicable Proposal or SOW. Unless stated otherwise, fees are quoted in US dollars (USD) and are exclusive of any taxes, duties, bank charges, or currency-conversion fees, which are your responsibility. We typically require a deposit before work begins, with the balance invoiced at agreed milestones or on completion.
Invoices are due within the period stated on the invoice (14 days unless otherwise agreed). We may suspend work or withhold Deliverables on overdue accounts, and may charge interest on late payments to the extent permitted by law. Where you are required by your local law to withhold tax on a payment, please contact us in advance so this can be addressed.
5. Client responsibilities
To help us deliver on time, you agree to provide the content, assets, access, credentials, feedback, and approvals we reasonably request in a timely manner, and to ensure that any materials you provide are accurate and do not infringe the rights of any third party. You are responsible for maintaining your own backups of any live systems and for the accuracy of information you supply.
6. Timelines and delays
Any dates we provide are estimates made in good faith and depend on your timely cooperation. We are not responsible for delays caused by late feedback, incomplete materials, third-party services, or events beyond our reasonable control.
7. Revisions and change requests
Each Proposal specifies the revisions included. Additional revisions, new features, or changes to the agreed scope may affect the fees and timeline and will be quoted separately before we proceed.
8. Intellectual property
Upon our receipt of full payment for an engagement, we assign to you the intellectual property rights in the final Deliverables created specifically for you, except for: (a) any pre-existing materials, frameworks, libraries, tools, or components we owned or licensed before or independently of the engagement, and (b) any open-source or third-party materials, which remain subject to their own licences. We grant you a licence to use our pre-existing materials as incorporated into the Deliverables. Until payment is made in full, all rights in the Deliverables remain with us.
9. Portfolio and promotion
Unless you tell us otherwise in writing, we may reference your name, logo, and non-confidential aspects of the work in our portfolio, website, and marketing. We will honour reasonable confidentiality requests.
10. Third-party materials and services
Our work may rely on third-party software, hosting, plugins, APIs, or services. These are provided subject to their own terms and licences, and we are not responsible for their availability, performance, or changes. Any fees charged by third parties (for example hosting, domains, or paid plugins) are your responsibility unless expressly included in a Proposal.
11. Confidentiality
Each party agrees to keep confidential the non-public information disclosed by the other in connection with an engagement and to use it only for the purposes of that engagement. This obligation does not apply to information that is or becomes public through no fault of the receiving party, or that must be disclosed by law.
12. Warranties and disclaimers
We will perform the Services with reasonable skill and care. Except as expressly stated, the Services and Deliverables are provided “as is” and we disclaim all other warranties to the fullest extent permitted by law, including implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services will be uninterrupted or error-free, or that any particular business result, ranking, traffic, or revenue outcome will be achieved.
13. Limitation of liability
To the maximum extent permitted by law, PixelKiosk will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Services. Our total aggregate liability arising out of or relating to an engagement will not exceed the fees actually paid by you to us for that engagement. Nothing in these Terms limits liability that cannot be limited under applicable law.
14. Indemnification
You agree to indemnify and hold PixelKiosk harmless from claims, damages, and reasonable costs arising from materials you provide to us, your use of the Deliverables, or your breach of these Terms.
15. Term and termination
Either party may terminate an engagement on written notice if the other party materially breaches these Terms and fails to remedy the breach within a reasonable period. On termination, you agree to pay for all work performed and costs incurred up to the termination date. Sections that by their nature should survive termination (including confidentiality, intellectual property, limitation of liability, and governing law) will continue to apply.
16. Force majeure
Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, outages, strikes, war, or acts of government.
17. Independent contractor
We act as an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.
18. International clients and compliance
We provide the Services from India to clients in the United States and other countries. You are responsible for ensuring that your use of the Services and Deliverables complies with the laws that apply to you in your own jurisdiction, including tax, consumer-protection, data-protection, accessibility, and industry-specific rules. Each party agrees to comply with applicable export-control and economic-sanctions laws, and you confirm that you are not located in, and will not use the Services in, any country or by any person subject to such sanctions where this would be unlawful. Our working language is English.
19. Governing law and disputes
These Terms are governed by the laws of India, without regard to conflict-of-laws principles. The parties will first try to resolve any dispute in good faith through discussion. If a dispute cannot be resolved, the courts of Mumbai, Maharashtra, India will have jurisdiction, unless the parties agree in writing to resolve the dispute by arbitration. This clause does not prevent either party from seeking urgent injunctive relief where necessary.
20. Changes to these Terms
We may update these Terms from time to time. The version in force at the time you engage our Services applies to that engagement. Continued use of our website or Services after an update constitutes acceptance of the revised Terms.
21. General
If any provision of these Terms is found unenforceable, the remaining provisions continue in effect. Our failure to enforce a provision is not a waiver of it. You may not assign your rights or obligations without our written consent. These Terms, together with any applicable Proposal or SOW, form the entire agreement between the parties on their subject matter.
22. Contact
Questions about these Terms can be sent to atish@pixelkiosk.com.