Welcome to Apixel. By accessing our website or engaging our services, you agree to be bound by these Terms of Service (“Terms”). Please read them carefully before proceeding. If you do not agree with any part of these Terms, you must not use our website or services.
1. Acceptance of Terms
By using our website or purchasing our services, you represent that you are at least 18 years of age, have the legal authority to enter into a binding agreement, and agree to comply with these Terms. If you are acting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
2. Services Description
Apixel provides digital services including but not limited to web development, digital marketing, video editing, social media management, and graphic design. The specific scope, deliverables, timelines, and fees for each engagement are defined in a separate project agreement or statement of work (“SOW”) agreed upon by both parties before work commences. In the event of any conflict between these Terms and a SOW, the SOW shall prevail.
3. Account & Access
If we provide you with access to a client portal or admin dashboard, you are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account.
You agree to notify us immediately of any unauthorised use of your account. We reserve the right to suspend or terminate accounts that we believe are being used fraudulently or in violation of these Terms.
4. Intellectual Property
Client-commissioned work: Upon receipt of full payment, Apixel assigns to the client all intellectual property rights in the final deliverables specifically created for that client under the SOW, except for any pre-existing materials, third-party assets, or reusable components (see below).
Pre-existing & proprietary materials: Any tools, frameworks, libraries, templates, or code components developed by Apixel prior to or independently of the engagement remain our exclusive property. We grant the client a non-exclusive, perpetual licence to use such materials as incorporated in the final deliverable.
Website content: All content on our own website — including text, graphics, logos, and software — is owned by Apixel and protected by applicable intellectual property laws. Unauthorised reproduction is prohibited.
5. Payment Terms
- All fees are stated in the SOW and are exclusive of applicable taxes unless noted.
- A deposit (typically 50%) is required before work commences on bespoke projects. The remaining balance is due upon project completion, before final deliverable handover.
- Digital products purchased from our marketplace are charged in full at the time of purchase and are non-refundable except where required by law.
- Invoices for ongoing retainer services are issued monthly in advance and are due within 7 days.
- Late payments accrue interest at 2% per month on the outstanding balance.
- We reserve the right to pause work on any project where payment is overdue by more than 14 days.
6. Delivery & Revisions
Project timelines are estimates based on the agreed scope and assume timely provision of content, feedback, and approvals by the client. Delays caused by the client may result in revised delivery dates.
Each SOW specifies the number of included revision rounds. Revisions beyond the agreed number will be quoted and billed separately at our standard hourly rate.
A project is deemed accepted if the client does not raise written objections within 7 days of delivery of the final deliverable.
7. Limitation of Liability
To the maximum extent permitted by applicable law, Apixel shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunities, arising from or in connection with these Terms or our services, even if advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to these Terms or any service shall not exceed the total fees paid by you to Apixel in the three months preceding the event giving rise to the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless Apixel and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of your use of our services, your breach of these Terms, or any content you provide to us that infringes the rights of a third party.
9. Termination
Either party may terminate an ongoing engagement by giving 30 days' written notice. Upon termination, you will be invoiced for all work completed up to the termination date, and we will deliver all completed work product upon receipt of that payment. Deposits are non-refundable unless termination is due to a material breach by Apixel. We reserve the right to immediately terminate access to our services for violations of these Terms without notice.
10. Dispute Resolution
In the event of a dispute, both parties agree to first attempt to resolve it through good-faith negotiation within 30 days of written notice. If negotiation fails, the parties agree to submit the dispute to binding arbitration before proceeding to litigation. Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of Bangladesh, without regard to its conflict of law principles. For international clients, both parties may agree in writing to an alternative jurisdiction in the applicable SOW.
12. Changes to Terms
We reserve the right to update these Terms at any time. Changes will be effective upon posting to this page with a revised “Last updated” date. Continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms. For active project engagements, material changes to Terms will be communicated directly.
13. Contact Us
If you have any questions about these Terms, please contact us: