TERMS & CONDITIONS OF eCOMMERCE WEBSITE AGREEMENT FOR

06/03/2026 04:58:30

This is an Agreement between (“You”) and ‘A PIXEL HOUSE’ (“Company”). Please read these Terms and Conditions carefully as your acceptance of which is agreed from the moment you sign or pay for the Website, Hosting or Support.

We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. If you have any questions however, please do not hesitate to contact us.

By using our eCommerce retainer services, you agree to be bound by the Conditions.

• You, Your, the Client:
• We, Us, the company(A Pixel House or ‘APH’, and hereinafter referred to as ‘the Agency’)
• Website: A set of related web pages located under a single domain name.
• Domain: A domain name is your website name. A domain name is the address where Internet users can access your website
• Hosting: A web host, or web hosting service provider, is a business that provides the technologies and services needed for the website or webpage to be viewed in the Internet. Websites are hosted, or stored, on special computers called servers.
• Payment Gateway: A payment gateway is a merchant service provided by an e-commerce application service provider that authorizes credit card or direct payments processing for e-businesses, online retailers,
• Responsive: Responsive web design is an approach to web design that makes web pages render well on a variety of devices and window or screen sizes.
• Back-end / Admin Panel: The Administrator application, also known as the Back-end, Admin Panel or Control Panel, is the interface where administrators and other site officials with appropriate privileges can manipulate the look of a website.
• Database: A database is an organized collection of structured information, or data, typically stored electronically in a computer system.
• Language: A programming language is a formal language comprising a set of instructions that produce various kinds of output. Programming languages are used in computer programming to implement algorithms.
• Users / Visitors: A visit is one individual visitor who arrives at your web site and proceeds to browse. A visit counts all visitors, no matter how many times the same visitor may have been to your site.
• Material / Media: Images, Graphics, Videos, or any similar digital collaterals provided for the purpose of rendering website services.

• The purpose of this Agreement is to provide our Clients with the opportunity to get an ecommerce website ready for the sale of their product under the retainer membership plan.
• This Agreement is to keep both parties, you and the company under an umbrella of rules to guide the partnership through.
• This Agreement shall come into force on the date of receipt of the Initial Payment, confirmation by email or written media, or initiation of the project till the end of the term (mentioned above)or terminated on mutual agreement by both the parties.
• An initial token payment of 30% of the approved estimate has to be provided before the initiation of the project. Once the initial payment is completed by the client, ‘APH’ will commence work on the website for the Client.
• Anything that is not covered under the plan proposed in estimate, will be chargeable. Please consult your plan details or contact us for a copy of the same.

• All the codes used to develop a website is owned by ‘APH’. We shall provide this website platform that will operate as an online e-commerce marketplace for the display, advertising and sale of products by you to your end Customers / users.
• All the files, folders, templates/themes, modules/plugins/extensions, required to run an ecommerce platform used in this project are property of ‘the Agency’ only.
• ‘A Pixel House’ holds the right to choose the platform used in the ecommerce website if not explicitly mentioned by the client before the initiation of the project.
• Customizing of emails for website orders, invoices etc are not entertained and will be chargeable accordingly.
• Addition features like Wishlist, product comparison, product return, self-stock management, video product, etc. if not mentioned specifically in the proposal or estimate does not come under as basic features of the website; thus chargeable.
• Design of the product pages, shop pages, have its limitations. We understand your love for unique designs but they are not easily alterable. Though we will try to give you something unique but we cannot promise custom designed layouts for shop and product pages.
• If the Client does not supply ‘A Pixel House’ complete text and graphics content for all web pages contracted for within 30 days of the Agreement, entire amount of the quotation becomes due and payable.
• Any re-do on an already completed task will attract additional charges. Changes in the design after approval will incur additional charges at 30% of the estimate given.
• Admin panel/ backend panel incurs additional cost, please let us know in advance for this feature.
• Invoice PDF downloading, Gift Vouchers, Abandoned Cart, Currency Change etc or other features not explicitly mentioned in the estimate are not basic features of the website; thus chargeable.

• What is website maintenance?

Website maintenance is the act of regularly checking your website for issues and mistakes and keeping it updated and relevant.




• What is included in website maintenance?

Agency likes to keep things transparent thus would encourage you to check your estimate emailed to you as it holds what is included in your maintenance plan.




• Why do we need website maintenance?

Something as small as a wedding ring or as huge as Eiffel Tower, everything needs maintenance.

If you need to update something as small as a spelling on your website or change address, get the website updated for newly launched phone or tablet, or even protect the website from virus or hack attacks, we’re there for help.

• What happens if we are not under website maintenance plan?

In such cases, we’re sorry to say but you’re on your own. Once your website is out of our maintenance plan, we would not be able to put any resources for the smallest of change. Agency will not take any responsibilities of what happens to the website.




• What if you do not get website maintenance for one month and have extra work for next month?

If you are on a monthly website maintenance retainer, you will be advised in your estimate the maximum number of monthly working hours you are allotted. We strive to use up to your maximum allotted hours per month by taking backups, improving, checking and updating website for all devices and platforms, update virus database, update firewall, etc; if the allotted hours are not used to make changes or updates as per client request. If the monthly allotted hours are not used in the following month, they are forfeited. If you exceed the maximum number of hours in a month, Agency, at its discretion will either reduce your bank of hours for the upcoming month or bill you at the rate of Rs.500/hour for any overages.




• Additional Maintenance Terms:
• Website maintenance is not mandatory, but if applicable, maintenance charges are to be paid in advance per quarter
• Website Maintenance Service are billed in advance on monthly basis ("Billing Cycle").
• The website will be under maintenance of ‘the Agency’ as long as the subscription amount is being paid on time.
• At the end of each Billing Cycle, your Maintenance will be automatically renew under the exact same conditions unless you cancel the maintenance or ‘the Agency’ cancels it. You may cancel your Maintenance renewal either through contacting your account manager or by electronic email service(Email). However, both the parties must be notified a month in advance in writing in case of termination of Maintenance.
• A valid payment method, including credit card, debit card, netbanking, Gpay or PayTM, is required to process the payment for your Maintenance. You shall provide ‘the Agency’ with accurate and complete billing information including full name, address, state, zip code, telephone number, GST number/Pan Number and a valid payment method information. By submitting such payment information, you automatically authorize ‘APH’ create maintenance invoices or charge Maintenance fees incurred through your account to any such payment instruments.
• In case you want to resume the services after cancellation of maintenance services, all previous dues have to be cleared and an additional charge of Rs.3000 has to be paid as one time fee above the regular maintenance fees.
• One month maintenance shall be provided for free of charge after the launch of the newly created website.
• Though ‘APH’ understands and values commitment, it is very rare but there can be certain unavoidable circumstances where the maintenance fees needs to be modified. In such cases, we will provide you with a reasonable prior notice of any change in maintenance fees to give you an opportunity to terminate your maintenance before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

What are domain Services?

A domain name is the address where Internet users can access your website. A domain name is used for finding and identifying computers on the Internet.

What are hosting serves?

A web hosting service is a type of Internet hosting service that allows individuals and organizations to make their website accessible via the World Wide Web

What is SSL certificate?

SSL certificates are used to create an encrypted channel between the client and the server. Transmission of such data as credit card details, account login information, any other sensitive information has to be encrypted to prevent eavesdropping.

In simpler words, if we assume website to be digital property, then domain name is the address to reach that digital property, hosting is an online real estate to keep that property online whereas SSL certificate is the security guard to keep visitors in line.

Additional Maintenance Terms

• If you do not renew your domain(s) / hosting(s) during the 6-day Renewal Grace Period, you will incur a fee of *₹.3,499.99 in addition* to the domain / hosting renewal fee.
• Domain prices are fixed and changes are directly related to the company it has been purchased from. Agency does not have any control over the foreign market or for influencing the change in domain rates.
• Agency charges are 25% above the regular domain charges.
• SSL certificate is not part of hosting, domain or website development.
• Domain, hosting and SSL certificate are 3rd party services. Plan of the same shall depend on the type of website you create, bandwidth used by the end visitors, etc.
• Clients are free to choose or buy their own 3rd party domains, hosting and ssl certificates.
• Shifting of existing website from one domain/hosting to another or incorporating ssl certificate will be chargeable as it is 3rd party service and cannot be considered as a part of website designing.
• In case of previous dues, ‘the Agency’ holds the right to lock the website, reject the request to transfer website, change domain or hosting, etc.
• In case hosting or domain plans expire, the websites will shut down automatically. We, 'A PIXEL HOUSE' is not liable for downtime of websites in case of non-payment for hosting services. ‘The Agency’ take no guarantee if the website files under expired hosting gets deleted or corrupted. Backups of any website are only taken at the free allotted maintenance hours.

• The Client agrees to:
• Provide ‘the Agency everything that is requested from ‘the Client’, within a month, to complete the Project ¬ including text, images, product listings and other information in electronic format. Any other activity like scanning of images, creation of video, etc are billed as extra service.
• Review the Company’s work, provide feedback, and sign¬off approval in a timely manner.
• Clients to ensure that we have included all requirements in the quotes/ proposals/ estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our own understanding of the requirements and quote accordingly. At a later stage, if a variation arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
• Any complexity related to specific tasks, must be advised in advance by ‘the Client’ and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any variation arising due to unclear requirements will not be borne by A PIXEL HOUSE
• Make every effort to adhere to all agreed deadlines.
• Adhere to the payment schedule laid out on in this policy.
• Provide a minimum of one month’s notice in writing, or by email should you wish to take charge of the website from hosting to your own hosting or transfer the website to another agency. In such cases, client will be asked to sign a Transfer terms-and-conditions laid out for clarity of both the parties.
• Client agrees that the Developer may put a by-line on the bottom of all web pages designed by the Agency to establish design and development credits. Client also agrees that the web site created for the Client may be included in the Developer's portfolio.




• The Company agrees to:
• Carry out services in a professional and timely manner.
• Make every effort to adhere to any deadlines agreed between us and you.
• Make a reasonable number of revisions to the design, layout, colours etc, until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 2 major revisions. Additional revisions or design work outside the scope of the project will be charged separately.
• Maintain up to date skills and knowledge through regular training and research.
• Any material provided by the Client will be treated as the property of the Client and will not be made public without the consent or direct instruction of the client.

• In order for A PIXEL HOUSE to provide the level of service proposed we will require input from the client to gather information about the business, products and services relevant to their brand. Client shall devote such time as is reasonably necessary to provide this information in a timely manner upon request. Client shall have to engage in suggesting website wireframe as desired for us to work a plan around the proposed approach.
• Client shall be solely responsible for approving relevant and appropriate media, information, content, images, videos or any other data and data feeds, product listings and other relevant media (“Client Content”) relating to Client’s products or services. The timeliness is crucial for timely completion of the website. For this reason, all content will be considered approved after the content has been sent for approval unless requested edits or other communication received from the client. Client will review all such Content and confirm the legality, accuracy, completeness and propriety of such information and verify that services requested are in compliance with Client’s privacy policy. In case of any error unnoticed by the client, ‘the Agency’ shall not be held liable for it.
• Once ‘the Agency’ receive the material, it will require some time to design the layout and/ or develop the website. In such cases, APH cannot commit or adhere to predefined timelines.
• You authorize ‘the Agency’ to develop web design based on information or material provided by you or your designs collected by ‘the Agency’ including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, and videos. Further, you represent that the material and information you provide to ‘the Agency’ is truthful, not misleading, and that you have the authority to represent this product and service information to ‘the Agency’.
• You authorize Agency to utilize tracking activities, place advertisements of the website, promote website on different platforms, store client materials and record all communication of any or all medium for ‘customer service and training’ purposes.

• Agency provides website designing services, social media marketing services, search engine marketing, website optimization and related services on a local, national and international level. As such, we submit information on your behalf to social media sites and search engine providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Facebook, LinkedIn, Instagram, Twitter, Pinterest, YouTube, Google, Yahoo, etc and other sites. The terms and conditions of these providers all apply. Agency will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.
• At times, in a website, features requested by clients require to procure/ fetch/curl information like APIs/ plugins/ addons/ modules/ themes/ scripts, etc from relevant websites. ‘The Agency’ is bound to follow the terms, limitations and features provided by the relevant platforms. For example: YouTube video embed, map embeds, Instagram latest feeds, etc are platforms which govern their own terms.
• Every eCommerce platforms has their own limitations, APH cannot be held responsible for the platform or plan chosen by the client.
• On specific direction by client, any digital product purchased on behalf of client are chargeable as per actual plus agency fee of 25% (one time).
• A PIXEL HOUSE reserves the right to utilize third-party applications / software for better rendering of the services.
• Charges for any extra services including video creation, media purchase, purchase of licensed images/ themes/ videos/ plugins/ addons/ modules/ scripts and content, etc. will be charged extra to the Client. Such out-of-pocket expenses will be incurred by 'the Clinet’ only after specific verbal or written approval.
• Photography, Social Media, Email design, website development, look-book, brochure, poster, logo design, etc. are not part of Website Development Services but chargeable.
• In general, if not specifically instructed by client, all 3rd party plugins/modules/add-ons/themes are property of extended license of ‘the Agency’. In case of transfer of website from under the umbrella of the agency or for websites not under maintenance plan, all the licenses for these themes, plugins, modules, addons, etc will be revoked forbidding regular updates of the same.

• ‘A Pixel House’ through an agreement has been provided the use of a 3rd party website template. The template may be used by ‘A Pixel House’ to build a website for the Client. These templates are owned by either the Agency or 3rd party provider and the Client agrees that they may not put them on a diskette, CD, website or any other medium and offer them for personal use, as backup, redistribution or resale.
• Depending upon the functionalities required, there may be 3rd party components such as Third-Party Payment Gateways or SSL certificates involved in building a website or application. Although A PIXEL HOUSE does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google AdWords, Plug-in licenses etc) are not included in our quotes.
• Our websites/applications are generally tested on OS that include near recent versions of following browsers: Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.
• Responsive/multi-device compatible web pages are tested on Android devices, iPhone and iPads. If you require testing to be done on any other device, kindly discuss it in advance.
• Website codes (not including open source software) are copyrights of ‘A pixel House’. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development of the specific project.

• Neither party shall at any time disclose to any third party any confidential information of the other party which is acquired prior to or during the term of this Agreement. All parties acknowledge that each party owns the Intellectual Property rights of their own brand and any designer content created by them.
• 3rd party website management (website not created by ‘A PIXEL HOUSE’), Hosting transfer, domain transfer, etc. are not part of predefined services.
• Agency will not involve in any interaction with any 3rd party developers/designers (website or graphic), any other agency, vendors, freelancers, so called ‘SEO specialists’ or ‘Consultancy firms or individuals’ for existing or newly created websites, nor at the time of transfer of the website/ hosting /domain, etc.
• ‘Client’ understands that ‘the Agency’ has its own reputation in the market, thus the by-line at the end of each webpage or in source-codes cannot be eliminated, removed, deleted or edited at the time of development, curation, designing/redesigning, transferring or deletion of the website. Till there is a single line of code that agency or any individual working for the agency or any subcontractor for the agency has written, the website will always remain as the property of ‘A PIXEL HOUSE’.
• A prior notice of one month has to be provided to ‘the Agency’ by the client. Cancellation or termination of social media services cannot be done by the client at the middle of month.
• We understand the hard work behind every design, collections and products, thus Agency assures its Client that the materials provided by the client, including passwords and any or all intellectual properties will not be leaked or made public. All the members associated withing Agency are bound under legal contract to keep safeguard the details of the Clients internal workings, phone numbers, intellectual properties, artworks, etc private and under strict supervision and surveillance.

• The company will not be held liable for any missed launch date or deadline, if the Client has been late in supplying materials, or has not approved or signed off work on-time, at any stage.
• Search engines like Google tend to fetch information and media directly from the website without any consent. In case client does not want the information to be fetched/pulled by any search engines, ‘the Agency’ has to be informed in advance.
• A PIXEL HOUSE has no control over engagements, visitors, bounce rates or sale of products or services of any or all type of websites.
• Client cannot hold ‘the Agency’ responsible for a design/ layout or presentation of images chosen by them. If the client is confident about the layout/design/ presentation and ‘the Agency’ or it’s representatives are asked to implement the same as per choice of the client, ‘the Agency’ shall not be held responsible for lack of aesthetics or presentation as the same has been approved by the client.
• A PIXEL HOUSE shall create website design as per Client's suggestions, if none advised by the Client, ‘the Agency’ shall create and update in accordance as deemed fit.
• Though Agency safeguards the copy of materials provided by the client for creation of an artwork, it is not the responsibility of the Agency to keep the same stored for more than 3months duration or till the completion of the website (whichever comes first).
• In no event shall agency be liable to client for any direct, special, indirect or consequential damages, including but not limited to loss of use, loss of profits, loss of data or losses as a result of disclosure of user content or other data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with agency’s products or services.
• Client agrees to indemnify and hold harmless Agency, its owners and employees from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to Agency’s use of materials furnished by Client (including but not limited to, logos, slogans, trademarks, written content, photographs, video, music and fonts). Information or data obtained by us from you to substantiate claims made in marketing deliverables shall also be deemed to be “materials furnished by you.” Such claims may include claims for invasion of privacy, defamation, patent, trademark, copyright or other intellectual property claims. Additionally, Client agrees to indemnify and hold harmless Agency, its owners and employees against any and all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to business ideas, innovations, concepts, websites, web-based applications and the like that Client has generated and has asked Agency to develop or implement. For example, if client asks Agency to use images of a celebrity in their web layout/page, and it is determined that the website or web page/s violates laws of copyright infringement or does not have rights to use the media, client will indemnify Agency for any claims instituted by the third party. Agency does not take responsibility for determining whether your business ideas, business plans, concepts, media of any kind or products may interfere with another party’s rights or are otherwise in compliance with applicable law. You warrant that any materials, ideas, plans, concepts or innovations that you have presented to Agency and asked Agency to create deliverables for are compliant with applicable federal, state and local laws, rules and regulations.
• Excusable Delays: The Agency will not be liable for any damages related to delay or failure to perform due to causes beyond its control, including but not limited to, fire, strike, work stoppage or other labour interruption, freight embargo, terrorism, sabotage, war, civil disturbance, governmental action, rules or regulations, failure of machinery, equipment or information systems, failure of suppliers and digital partners, the elements, flooding, power outages, pandemic/epidemic or interruptions or acts of God. The Agency’s inability or failure to perform will not constitute a breach of this Agreement. Performance by the Agency of its obligations under this Agreement will be suspended during this type of delay or failure to perform. The Client may, however, terminate this Agreement if suspension lasts more than thirty (30) days.

• Taxes to be added in final billing.
• Images are not part of website designing services but chargeable.
• Search Engine Optimization, Social Media Optimization and Graphic Designing are not part of the project but chargeable.
• Though we always try to give our clients an extra edge to their website design but there are certain design parts of the ecommerce website like shop page, internal product page, checkout, cart page and similar ecommerce design elements are standardized/ fixed and cannot be changed. Please note that at any stage during the project, stalling of the project for over two calendar months will incur INR 1200/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
• ‘A PIXEL HOUSE (APH)’ shall design & develop the website as per the approval by Client. ‘APH’ shall incorporate necessary changes until 30 days once the website is finished and deployed, additional charges shall incur thereafter if your website is not under maintenance plan.
• In case the project for any reason is cancelled in mid-way, the token money of 30% will be forfeited. The token amount is non-refundable once paid.
• ‘A pixel House’ reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
• Website credits to the agency will be put at the bottom of the webpage at all times. This cannot be removed till any of the development codes used by “A Pixel House” is still existing in the website.
• Final project will be uploaded to client domain once the payment has been completed in full.
• Last moment changes on weekends or after office hours will not be entertained:
  (Office hours- 10:30am -6:30pm Monday-Friday)
• Client understands and accepts that Agency can showcase the website/s of the client created/edited/updated website or its layout, website, web page or any other layout created by the Agency to prospective customers or on the portfolio, website, social media, etc.

• A Pixel House reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Though we will inform/update you in case of modification of the policy, failure to receive notification of a change does not make those changes invalid.

• These Terms shall be governed and construed in accordance with the laws of West Bengal. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

If you have any questions in regards to the proposal please contact us at: A PIXEL HOUSE Registered Office: 22 Kalakar Street, Kolkata:700007
9540190373, 03346009224, info@apixelhouse.com

Authority: The person(s) signing this Agreement certifies that (s)he is lawfully authorized to purchase services on behalf of their respective company