Pixel Networks, trading as Pixel Networks Group Limited is registered in England and Wales (12915538).
When ordering services from us, relevent third parties and other subsidiaries you must follow and comply with the following terms of service.
Failure to do so will result in cancellation of services. For more information, please email us at firstname.lastname@example.org - For all other queries please visit MyPixel.
Introduction: This page (together with the policies referenced within it) tells you information about us and the legal terms and conditions ("Terms") on which we supply any services ("Services") listed on our website ("our site") to you.
Using our network and platforms:
1.1 Your use of our network and platforms is governed by our Terms of Service. Please take the time to read these as they include crucial terms of which apply to you. When using our network and platforms, you must comply with our Fair Usage Policy and local and internation laws.
1.2Pixel Networks operates a 1 (one) account policy per person to reduce the risk of fraudulent transactions. We reserve the right to suspend and/or terminate all offending accounts without notice. Accounts terminated in this manner are not eligible for refunds.
How we use your personal information:
2.2- We only use your personal information to perform verification checks and send important communications and correspondence to you. If you feel your personal information has been abused then please email us at email@example.com clearly stating what has happened and providing as much evidence as possible. We will aim to reply to all emails received within 24 hours.
Our Contract with you:
3.1- These terms and any document expressly reffered to in them consitute the entire agreement between you and us (the "contract"). You acknowledge that you have not relied on any statement, promise or represenation made or given by or on your behalf os us which is not set out in these terms or any document expressly reffered to in them.
3.2- Where you are a consumer, you have legal rights in relation to Services that are not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
3.3- All contracts made with Pixel Networks are made with the named account holder. Agreement to this contract is made under section 4 of our terms of service. Failure to maintain our terms of service will result is your services being cancelled without warning and without compensation or refund.
How the Contract is formed between you and us:
4.1- Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2- After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.3.
4.3- We will confirm our acceptance to you by sending you an e-mail ("Order Confirmation"). The Contract between us will only be formed when we send you the Order Confirmation. The order confirmation will serve as your acceptence of the contract and services will begin under the aforementioned terms.
4.4- If we are unable to supply you with the Services ordered, for example because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible back to the original payment method used.
Our rights to vary these terms:
5.1 - We may revise these Terms from time to time, including but not limited to the following circumstances:
- 5.1.1 -Changes in how we accept payment from you;
- 5.1.2 - Changes in relevant laws and regulatory requirements.
6.1- We will supply the Services to you from the date set out in the Order Confirmation until the completion date set out in the Order Confirmation. Where no completion date is specified, we will supply the Services until the Contract is terminated in accordance with the Terms. It is your responsbility to ensure a cancellation request is submitted via MyPixel. If no cancellation request is received and the service is suspended and terminated, any outstanding balance will be passed to a debt collection agency to recover any unpaid invoices.
6.2- Where the Order Confirmation sets out any milestones for the provision of Services, we will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 16 for our responsibilities when an Event Outside Our Control happens.
6.3- We require specific information from you in order to setup your services, for example, name, address, contact details. We will contact you about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or we may suspend the Services by giving you written notice in the form of an email or the opening of a ticket on MyPixel. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked.
6.4- You are responsible for obtaining the following;
- 6.4.1 -Suitable licences of third party software;
- 6.4.2 -Any third party cooperation and consents, which are required for the full use of the Services. We will not be liable for any delay or non-performance where you have not provided such licences and consents to us after we have asked.
6.5- We may have to suspend the Services if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. If we have to take your machine offline to conduct essential maintainence, we will look to supply you with compensation for the loss in service.
6.6- Our distributed denial of service (“DDoS”) protection is a network wide solution that covers all of our infrastructure. It is capable of mitigating the majority of DDoS attacks, but if the attack is large enough then I.P. addresses, servers or websites may be black-holed or removed from the internet whilst the attack is in progress.
6.7- Any client caught threatning or caught carrying out DDoS attacks or similar denial of service attacks will be dealt with by means of service termination as per 15.3 - We will also pass details onto the relevent authorites such as the police and/or cyber crimes.
6.8- If you do not pay us for the Services by the due date for payment, we will suspend the service at midnight on the service due date. We will contact you by email to tell you this. This does not affect our right to charge you interest.
6.9- We will make available the Services on or before the start date specified in the Order Confirmation.
6.10- Where the Services we provide to you include shared hosting, we will make available to you;
- A) -Hosting capacity on a shared server meeting the specification set out on the site which may vary from time to time;
- B) -The ability to access, update or amend any websites, web applications, software, information, data, databases and other works and materials stored, transmitted, published or processed using the Services (the "Hosted Materials") by FTP or similar means.
6.11- You warrant that any material that you display on the respective sites do not and will not infringe any applicable laws, regulations or display material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights ("Inappropriate Content").
6.12- For the avoidance of doubt, we will have administration rights in relation to any shared server, and we may refuse any request to change the configuration of a shared server at our sole discretion.
6.13- We reserve the right to monitor and suspend services that breach out acceptable content guidelines.
Virtual Private Server "VPS" and Dedicated Servers:
7.1- Where the Services we provide to you include a dedicated server, we will make available a VPS/dedicated server meeting the specification set out on our site, and will grant to you administration rights with respect to that server except where the services are managed, in which case we may refuse any request to change the configuration of the VPS/dedicated server at our sole discretion.
7.2- For unmanaged VPS/dedicated servers you acknowledge that we can at any time stop providing support in connection with the administration of such VPS/dedicated server, and you warrant that you have all necessary expertise to configure, manage and keep the VPS/dedicated server secure at all times.
7.3- You will not configure, or allow any other person to configure, a VPS/dedicated server in any way contrary to the guidelines published on our site.
7.4- We may from time to time require that you apply software and/or hardware upgrades to the VPS/dedicated server.
7.5- Un-managed dedicated systems are provided with a guarantee of power availability 100% of the time in any calendar month, and network connectivity availability 99.99% of the time in any calendar month, except where it has been necessary to explicitly black-hole access to an IP directing to your system to mitigate a DDoS attack against it as outlined in clause 6.6. A service credit equal to the service cost of any hours either resource is unavailable for greater than the time provided by this guarantee whenever this is not met will be provided to you on request.
7.6- You will not configure, or allow any other person to configure, a VPS/dedicated server to mine for cyptocurrency and/or any other related mining activites.
7.7- For the avoidance of doubt, dedicated servers made available under this Contract will remain our property at all times.
8.1- Where the Services we provide to you include email transmission, storage and/or management services;
- A) -We will provide POP3/IMAP/SMTP and webmail email services to you in accordance with the respective Services description.
- B) -All shared hosting mailboxes will be protected by our anti-spam and anti-virus solution.
- C) -If you or a mailbox dedicated to you exceeds the relevant storage limit, we may delete stored emails to bring you or the mailbox dedicated to you within the storage limit.
Domain name Registrations:
9.1- Where the Services we provide to you include domain name registration, we will attempt to register domain names that you order using the interface on our site but we do not warrant that we will be able to do so.
9.2- You warrant thatb ;
- A) -The information submitted for the purposes of a domain name registration is current, accurate and complete
- B) -You have the legal right to apply for and use the domain name
- C) -Your use of the domain name will not infringe any person's Intellectual Property Rights or other legal rights
- D) -You will keep the information required for the purposes of a domain name registration up-to-date (which changes may be subject to additional payments as set out on our site).
9.3- We may, in our sole discretion, reject any request to register a particular domain name.
9.4- We do not offer any advice in relation to any actual or potential domain name dispute, and will have no liability in respect of the suspension or loss of a domain name by you as a result of any domain name arbitration procedure or court proceedings.
9.5- Domain name registrations will be subject to periodic renewal fees and transfer fees as stated on our site from time to time. We have no responsibility for your use or retention of a domain name once registered, and it will be your responsibility to ensure that domain names are renewed and that applicable renewal charges are paid.
9.6- There is no grace period for domains if not paid before due date (causing domain to expire).
9.7- You agree to the terms of the applicable domain name registration agreement (as amended from time to time): www.nominet.uk - for .uk domains and www.icann.org for .com, .net, .org, .info. biz domains.
10.1- The Company will use reasonable endeavours to respond to requests for support in relation to our Services.
10.2- We may be limited in the Services we can offer by the rules and regulations set out by our suppliers and local and international law. In particular this may limit or prevent us offering Services to customers in certain geographical areas. We have various suppliers who may apply such restrictions on us.
Intellectual Property Rights:
11.1- For the purpose of this Contract, "Intellectual Property Rights" shall mean all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, whether registered or unregistered and including all applications for and renewals or extensions of such rights.
11.2- You retain all Intellectual Property Rights in the software and materials that you provide to us and you grant us a licence to such Intellectual Property Rights to the extent required for us to perform our obligations pursuant to this Contract.
11.3- All Intellectual Property Rights in any works arising in connection with the performance of the Services by us (the "Works") shall be our property, and we hereby grant to you a non-exclusive licence to such Intellectual Property Rights for the sole purpose of receiving the benefit of the Services.
If there is a problem with the Services:
12.1- In the unlikely event that there is any defect with the Services;
- 12.1.1 -Please contact us through the MyPixel or via Discord Tickets and tell us as soon as reasonably possible (including details of your name, the respective domain name and server)
- 12.1.2 -Please give us a reasonable opportunity to repair or fix any defect
- 12.1.3 -We will use every effort to repair or fix the defect as soon as reasonably practicable and, in any event, within 1-3 business days. You will not have to pay for us to repair or fix a defect with the Services.
12.2- If you are a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
Price of Services:
13.1- The prices for the Services will be as quoted on our site from time to time.
13.2- Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
13.3- Our site contains a number of Services. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.
13.4- Payments in respect of domain name registrations and domain name renewals are non-refundable.
13.5- Reduced price trials are for new clients only.
13.6 - Promotional offers may be available from time to time. If promotional offers expire, we have no obligation to honour these offers.
- 13.7.1 -Promotional offers can expire without warning and if limited uses are applied then it is a first come first serve.
13.8 - Any advanced payments, credits or "Top Ups" are non-refundable. If you've added credit to your account or paid an invoice or quote early then a refund will be provided to you in way of a credit to use within our store.
How to pay:
14.1- You can pay for the Services using a debit or credit card, PayPal, Stripe and Bank Tranfer. We accept the following cards: Visa, MasterCard, American Express.
14.1- Payment for the Services is in advance and may be made (i) monthly or (ii) annually, as specified in the Order Confirmation. We will not charge your debit card or credit card until we send you an Order Confirmation.
14.1- If you fail to make any payment due to us under this Contract by midnight on the due date then, without limiting our remedies, you shall pay a interest late payment fee of 19.9% which will automatically be added onto the invoice.
14.1- Late payment fees cannot be removed from invoices.
14.1- It is completely down to you to make sure that your invoice is paid before the due date has passed. We will send reminder emails to remind you about the due invoice.
14.1- Adding your card to file authorises us to auto bill you on your due date for any outstanding charges. You can manage this via your client area.
14.1- It is your responsibility to ensure that you have sufficient funds to cover any transactions. We are not responsbile for any overdraft charges or bank related charges.
14.1- Direct debits that are setup via PayPal cannot be managed by us.
14.1- If you cancel hosting with us please make sure that you cancel the subscription with PayPal. This will avoid us automatically taking money from your account when services have been terminated. This is your responsbility to ensure this has been cancelled.
14.1- Failure to make payment will result in your account being suspended. Accounts suspended for non-payment are liable for termination without notice.
15.1- Either party (the "Non-defaulting Party") shall be able to terminate this Contract immediately in the event that the other:
- 15.1.1 -commits a material breach of any of its obligations under this Contract and has not remedied such breach (if capable of remedy) within 30 days of request from the Non-defaulting Party for remedy by serving written notice; or
- 15.1.2 - is subject to any winding up order or resolution, has any provisional liquidator appointed to it, has a receiver appointed or is the subject of an application made to court for an administration order or if a notice of intention to appoint an administrator is filed or an administration order made in respect of it, is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, enters into any arrangement for the benefit of or other compounds with its creditors generally or ceases or threatens to cease carrying on its business, or (being an individual) is the subject of a bankruptcy petition or order, or any equivalent processes in any jurisdiction.
15.2- Without prejudice to any rights that have accrued under a Contract or any of its rights or remedies, either party may terminate a Contract on giving not less than 30 days written notice to the other party. Notwithstanding the foregoing, if you have agreed and paid for Services on an annual payment basis, we shall not be obliged to refund any pro rated payments if you cancel during the annual term.
15.3- In accordance with our Fair Usage Policy an account may be terminated by us unilaterally, without notice and at our discretion if we consider an account holder to be in breach of the stated prohibited uses.
15.4- An account may be terminated with immediate effect if abusive behaviour is directed at our staff.
Consequence of Termination:
16.1- Other than as set out in these Terms, neither party shall have any further obligation to the other under a Contract after its termination.
16.2- Any provision of these Terms which expressly or by implication is intended to come into or continue in force on or after termination of a Contract shall remain in full force and effect.
16.3- Termination of a Contract, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
Our liability if you are a business:
This clause only applies if you are a business customer.
17.1- Nothing in these Terms limit or exclude our liability for:
- 17.1.1 -death or personal injury caused by our negligence;
- 17.1.2 -fraud or fraudulent misrepresentation; or
- 17.1.3 -any other area where it would be unlawful or invalid to seek to exclude liability.
17.2- Under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- 17.2.1 - any loss of profits, sales, business, or revenue;
- 17.2.2 - loss or corruption of data, information or software;
- 17.2.3 - loss of business opportunity;
- 17.2.4 - loss of anticipated savings;
- 17.2.5 - loss of goodwill; or
- 17.2.6 - any indirect or consequential loss.
17.3- Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services for the remainder of the duration of the Contract between us.
17.4- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
18.1- You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
- 18.1.1 - any breach by you of the warranties
- 18.1.2 - any claim made against us for actual or alleged infringement of a third party's Intellectual Property Rights arising out of or in connection with the our use of software and/or other materials provided by you.
Events outside of our control:
19.1- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
19.2- An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
19.3- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- 19.3.1 - we will contact you as soon as reasonably possible to notify you
- 19.3.2 - our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Communication between us
20.1 When we refer, in these Terms, to "in writing", this will include e-mail.
20.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email at firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing by e-mail.
20.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
20.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served 24 hours after an e-mail is sent or 24 hours after posting on our website. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Additional Important Terms
21.1 This Contract constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.
21.2 Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this Contract. Neither you nor we shall have any claim for innocent or negligent misrepresentation based upon any statement in this Contract.
21.3 You may not assign or transfer any of your rights or obligations under this Contract, in whole or in part, without our prior written consent.
21.4 A person who is not a party to this Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
21.5 If any court or competent authority finds that any provision of this Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Contract shall not be affected.
21.6 If any invalid, unenforceable or illegal provision of this Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
21.7 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.8 These Terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.
21.9 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
We cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. While we own and operate our own enterprise-grade equipment, certain services and software provided by us are resold. Thus, certain equipment, routing, software and programming used by us are not directly owned or written by Pixel Networks (examples include cPanel management and WHMCS billing software). Moreover, we hold no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, at our discretion.
We like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve on our services with valid feedback from you, our customers. If you wish to make a complaint about a service you have received, please submit an email to us at email@example.com, including as much detail from the issue you have. We will acknowledge your complaint within 1 business day and aim to resolve any issues within 5 business days.
If you're not happy with the initial outcome of your complaint, than please feel free to escalate your issue to Nominet (the .uk registry) by visiting http://www.nominet.org.uk/disputes/complaining-about-registrar/complaints-procedure.
Notification of Changes:
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or subscribing for any of our services indicates your understanding, agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.