Upon submission of each order the following terms & conditions are applicable.
All prices and services are confidential between Client & the Company/Editor (Pxlvue LLC), other than listed on the Company's website or marketing & sales materials. Any and all prices and terms within this agreement subject to change upon both participating parties approval within project, job or contract period.
All turnaround time periods are calculated from the date all order materials (forms & files) are received at Pxlvue, within operation business hours; Monday through Friday, 10am to 6pm PST, closed US Holidays. Any orders received after 5pm PST will be added the following business day. Orders submitted containing 4000+ images maybe require extended turnaround.
If a client deliverable — such as feedback/input, approvals, or payment — is late more than 2 business days the project will be considered “on hold.” Once the deliverable is received and the project is re-activated it will be rescheduled based on the Company's current workload and availability. To clarify, it could be several days or weeks to get you back in the system if the project is put on hold.
All subscription plans (Pro, Unlimited, Enterprise) requires all orders are placed as single events. An "Event" consists of any number of photographs/files from a single primary photographer and optional second or assistant photographer, with files/images photographed/created on the same date (timestamp). Pro Plan subscription includes 12 events per subscription year. Unlimited Plan subscription includes any number of events per subscription year for each single photographer seat. All events (matching dates & subjects) must be placed as a single order in order to meet specifications for the included pricing and processing and will be monitored upon submission.
All promotional codes & offers are single use only within the their valid due dates and can not be combined with other promotional codes & offers, unless otherwise directly specified between the Client and Company.
Each order, project or contract may be terminated by either party in the event of material change of circumstance, with 30 days’ notice sent in writing to the other party. If the Company terminates the agreement, the Company will be paid by the Client for work done up to the date of termination. If the Client terminates the agreement, the Compnay will be paid by the Client for the work done until termination or 35 percent of the agreed upon fee, whichever amount is greater.
The Company holds no copyright over any works submitted for processing, Client will retain 100% of copyright or 100% of Clients’ customer contract rights. Any images used by the Company will be granted permission from Client. If the Client chooses to credit the Editor (not required), the editorial credit line shall read ‘Pxlvue’, and link to www.pxlvue.com.
Editing (Post-Production) is intrinsically a process of offering services and suggestions based upon the Clients preferences to the Editor/Company. In addition to offering such services and suggestions, the Editor’s responsibility is limited to notifying the Client of any unresolved differences with the materials before the work proceeds to the next stage of production. While the Editor will make every effort to bring questionable material to the attention of the Client, the Client agrees to indemnify and save harmless the Editor from any and all claims or demands, including legal fees, arising out of any alleged libel or infringement committed by the or Client and Clients’ customer in creating the work.
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, a File Audit will be applicable and the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
Client is responsible for all personal backup of files & materials. Pxlvue does keep a backup of the Client's submitted materials, held for 1 year from date received. Pxlvue backups are only for in-house usage and is not responsible for for storage and safekeeping of client materials after completion of each job or project. Pxlvue backups and are not to be used as Client's backup & storage service. Pxlvue may continue to store backup media after 1 year, but not guaranteed. Client will be responsible for cost of any requested back up media, original media & shipping costs upon request.
The Client is responsible for any return shipping charges for flash drives or job materials.
All orders and files may be subject to rejection if not submitted in acceptable format & methods noted on the order submission forms. Each new order requires an online order submission form. Each order must be organized, labeled, and delivered to the Company with the specifications on the online job form and delivered on acceptable media, or via Pxlvue FTP access.
All final content and materials will be delivered online via link, gallery or FTP access, depending on requested delivery method, within the applicable turnaround time. Payment is due upon receipt of link and invoice, unless otherwise previously agreed upon terms between the Client and the Company.
All services shall be subject to the discretion of Pxlvue and shall be subject to Pxlcvue's Terms of Service. Pxlvue reserves the right to modify or add additional conditions to the of Service at any time and without notice. If any of the provisions of these Terms and Conditions are found invalid, void, or unenforceable, that provision only shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms and Conditions. THE CHOICE AND WILL TO USE THIS SITE (BOTH THE PUBLIC AND/OR SECURE SECTIONS), WHETHER CONTINUED USE OR INTERMITTENT OR FOR ANY DURATION OF TIME, INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SERVICE PUBLISHED HEREIN. THIS INCLUDES THE USE OF ANY OTHER SITE OWNED BY PXLVUE, LLC. These Terms of Service constitute the entire agreement between PXLVUE, Account Owners, and Users. Violation of the Terms of Service may prompt Pxlvue to take any action it deems necessary or appropriate to enforce its rights including but not limited to the institution of legal proceedings.
Please contact us with any questions.
©Pxlvue LLC 2015