1. Introduction & Acceptance of Terms
These Terms and Conditions (“Agreement”) constitute a legally binding contract between you (“Client,” “you,” or “your”) and Ink Pixel LLC, a limited liability company organized and existing under the laws of the State of California (“Ink Pixel,” “we,” “us,” or “our”), with its principal place of business at 1177 Market Street, San Francisco, CA 94103.
By accessing our website at inkpixelllc.com, placing an order, signing a project agreement, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree to these Terms and Conditions, you must not use our services.
This Agreement applies to all services offered by Ink Pixel LLC, including but not limited to web design, web development, search engine optimization, logo design, e-commerce solutions, mobile application development, video animation, ghostwriting, book publishing, book cover design, audiobook production, and voice book services.
2. Eligibility & Authority to Contract
By placing an order or entering into an agreement with Ink Pixel LLC, you represent and warrant that:
- You are at least eighteen (18) years of age;
- You have the legal capacity and authority to enter into a binding contract;
- If acting on behalf of a company or legal entity, you are duly authorized to bind that entity to these Terms and Conditions;
- All registration and account information you provide is accurate, current, and complete;
- You will promptly update any information that changes during the course of our engagement.
Ink Pixel LLC reserves the right to refuse service or cancel any order placed by a person or entity that does not meet these eligibility requirements.
3. Services
3.1 Scope of Services
Ink Pixel LLC provides the following categories of digital and creative services:
Digital & Technology Services
- Web Design — Custom, user-centric website design to enhance brand credibility and user experience.
- Web Development — Front-end and back-end development tailored to the Client’s functional requirements.
- Search Engine Optimization (SEO) — White-hat SEO strategies to improve organic search rankings.
- Logo Design — Original brand identity design crafted to the Client’s specifications.
- E-Commerce Solutions — Full-service online store development and integration.
- Mobile Application Development — iOS and Android application development.
- Video Animation — Animated brand content and explainer videos.
Content & Publishing Services
- Ghostwriting — Full manuscript development based on the Client’s ideas, outline, or brief.
- Book Publishing — Formatting, ISBN registration, distribution setup, and platform upload.
- Book Cover Design — Custom cover artwork designed to the Client’s specifications.
- Audiobook Production — Full audio production from voice casting to final mastering.
- Voice Book Services — Narration and audio capture preserving the Client’s tone and message.
3.2 Project Assignment
Upon receipt and confirmation of your order, you will be assigned a dedicated team of specialists. All services are delivered entirely online. Initial project concepts, designs, or deliverables will be presented to the Client within forty-eight (48) to seventy-two (72) business hours of order confirmation, unless a different timeline is agreed upon in writing.
3.3 Communication Channels
Ink Pixel LLC is available 24 hours a day, 7 days a week. Communication with your assigned team occurs via email, live chat, and other mutually agreed-upon channels. All official project approvals, revision requests, and deliverable acceptances must be communicated in writing (email is acceptable).
3.4 Client Responsibilities
The Client is responsible for:
- Providing accurate, complete, and timely project briefs, materials, and feedback;
- Reviewing all delivered work and communicating revision requests within seven (7) calendar days of delivery;
- Ensuring that any materials, content, images, or intellectual property provided to Ink Pixel LLC are owned by or properly licensed to the Client;
- Obtaining all necessary third-party approvals or licenses required for the project.
Failure to provide timely feedback or required materials may result in project delays. Ink Pixel LLC shall not be held liable for delays caused by the Client’s failure to fulfill these responsibilities.
4. Payment Terms
4.1 Fees & Payment
Full payment is required at the time of placing your order unless a milestone-based payment schedule is expressly agreed upon in writing. All fees are quoted in United States Dollars (USD). Ink Pixel LLC reserves the right to modify its pricing at any time; however, any price changes will not apply to orders already confirmed in writing.
4.2 Accepted Payment Methods
Ink Pixel LLC currently accepts payment via PayPal and Stripe. By submitting payment, you agree to the applicable terms and privacy policies of those third-party payment processors. Ink Pixel LLC does not store, handle, or have direct access to your credit card or banking information.
4.3 Late Payments
Any amounts not paid by the agreed-upon due date will accrue interest at a rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable California law, whichever is lower, calculated from the due date until the date of full payment.
4.4 Taxes
All fees are exclusive of applicable taxes. The Client is responsible for all applicable sales, use, value-added, or similar taxes arising from their purchase of services.
5. Revision Policy
5.1 Unlimited Revisions
Ink Pixel LLC offers unlimited revisions on all projects, subject to the conditions set forth below. Revisions are defined as modifications to work already delivered that fall within the original project scope and the Client’s approved brief.
5.2 What Constitutes a Revision
A revision includes adjustments to color, typography, layout, copy, or design elements within the scope of the original brief. The following do not constitute a revision and may be subject to additional fees:
- Requests that fundamentally alter the project scope, concept, or direction from the original brief;
- Addition of new features, pages, sections, chapters, or service components not included in the original agreement;
- Requests made after the Client has approved a final deliverable.
5.3 Revision Turnaround
Each revision request will be addressed and a new draft presented to the Client within two (2) business days of receiving the written revision brief.
5.4 Deemed Acceptance
If the Client fails to provide written feedback on a delivered draft or milestone within seven (7) calendar days of delivery, that deliverable will be deemed accepted. Ink Pixel LLC reserves the right to proceed to subsequent project phases upon deemed acceptance.
6. Intellectual Property & Ownership
6.1 Ownership of Final Deliverables
Upon receipt of full payment, all rights, title, and interest in the final, approved deliverable (“Final Work”) shall transfer to the Client. The Client shall own the Final Work and may use it for any lawful purpose.
6.2 Work-in-Progress & Unapproved Concepts
All preliminary designs, concepts, drafts, intermediate files, and unapproved compositions created during the production process remain the exclusive intellectual property of Ink Pixel LLC. These materials are not transferred to the Client and may not be used by the Client in any manner.
6.3 Portfolio Rights
Unless expressly requested in writing by the Client at the time of order, Ink Pixel LLC retains the right to display the Final Work in its portfolio, on its website, and in promotional materials for the purpose of marketing its services.
6.4 Ghostwriting & Publishing — Special Terms
For ghostwriting and manuscript services:
- The Client retains full authorship rights and attribution over the final delivered manuscript;
- Ink Pixel LLC will not claim authorship, publish, or publicly disclose the existence of any ghostwriting engagement without the Client’s explicit written consent;
- All manuscript content, concepts, outlines, and materials shared by the Client are treated as confidential and will not be reproduced, shared, or used for any purpose outside of the contracted engagement.
For book publishing services:
- If an ISBN is registered by Ink Pixel LLC on the Client’s behalf, the Client is the named publisher of record unless otherwise agreed in writing;
- Ink Pixel LLC does not guarantee acceptance by any specific publishing platform or distributor;
- If a submission is rejected by a distributor due to content or formatting issues that fall within the Client’s responsibility, Ink Pixel LLC will not be liable for the rejection.
For audiobook and voice book services:
- Upon full payment, the Client receives full rights to the final audio master;
- Any voice talent, music, or sound assets used in production will either be royalty-free or licensed for the Client’s use; licenses will be disclosed to the Client upon request.
6.5 Third-Party Assets
Ink Pixel LLC may incorporate licensed stock images, fonts, icons, audio tracks, or other third-party assets into Client deliverables. It is the Client’s responsibility to verify that all licensed assets are appropriate for their intended commercial use. Ink Pixel LLC is not liable for the Client’s misuse of any third-party assets beyond the scope of the license disclosed.
6.6 Client-Provided Materials
By providing any materials, content, images, text, or intellectual property to Ink Pixel LLC for use in your project, you represent and warrant that you own or have the necessary rights to such materials, and you grant Ink Pixel LLC a limited, non-exclusive, royalty-free license to use those materials solely for the purpose of delivering your project.
7. Confidentiality
Ink Pixel LLC acknowledges that in the course of providing services, it may receive or have access to confidential information belonging to the Client, including but not limited to business plans, trade secrets, unpublished creative works, financial information, and other proprietary materials (“Confidential Information”).
Ink Pixel LLC agrees to:
- Hold all Confidential Information in strict confidence;
- Not disclose Confidential Information to any third party without the Client’s prior written consent, except to employees, contractors, or subcontractors who require access to perform contracted services and are bound by equivalent confidentiality obligations;
- Use Confidential Information solely for the purpose of performing the contracted services.
This obligation of confidentiality does not apply to information that is or becomes publicly available through no fault of Ink Pixel LLC, or that is required to be disclosed by law, court order, or government authority.
8. Refund Policy
8.1 Eligibility for Refund
Ink Pixel LLC offers the following refund terms:
- A full refund will be issued if no initial work has been delivered and no production has commenced. Full Refund:
- If a refund is requested within forty-eight (48) hours of order placement and initial drafts have been delivered, the Client is eligible for a sixty-six percent (66%) refund, less a ten percent (10%) administrative and processing fee. 66% Refund:
- If a refund is requested between forty-eight (48) and one hundred twenty (120) hours of initial delivery, the Client is eligible for a thirty-three percent (33%) refund, less a ten percent (10%) administrative and processing fee. 33% Refund:
- No refund will be issued after one hundred twenty (120) hours of the initial project delivery, or once the Client has approved any deliverable, whichever occurs first. No Refund:
8.2 Conditions Under Which No Refund Will Be Issued
Notwithstanding the above, no refund will be issued under the following circumstances:
- The Client has approved any portion of the delivered work;
- The Client has requested two (2) or more revision cycles;
- The project has been in production for more than thirty (30) calendar days with deliverables made;
- The Client fails to provide feedback on a delivery within seven (7) calendar days (deemed acceptance applies);
- The Client has been granted backend access to a delivered website or platform;
- The Client cancels the project for a change of mind unrelated to a failure by Ink Pixel LLC;
- The Client unilaterally closes the project; in such cases, a cancellation fee equal to fifty percent (50%) of the total project cost will be applied.
8.3 How to Request a Refund
All refund requests must be submitted in writing to our support team at (888) 682-7550 or via email. Refund eligibility will be evaluated on a case-by-case basis in accordance with this policy.
8.4 Effect of Refund on Deliverables
Upon issuance of a refund, all rights to any materials, designs, code, manuscript content, audio, or other deliverables produced by Ink Pixel LLC revert to Ink Pixel LLC. The Client may not use, reproduce, distribute, or publish any such materials following a refund.
9. Cancellation Policy
9.1 Cancellation by Client
The Client may cancel an order at any time by providing written notice to Ink Pixel LLC. Refund eligibility upon Client cancellation shall be determined in accordance with Section 8 of this Agreement. If the Client cancels a project that is already in active production, a cancellation fee equal to fifty percent (50%) of the remaining unpaid project balance may be applied at Ink Pixel LLC’s discretion.
9.2 Cancellation by Ink Pixel LLC
Ink Pixel LLC reserves the right to cancel, suspend, or terminate any project or account in the following circumstances:
- The Client materially breaches any provision of this Agreement;
- The Client provides fraudulent, misleading, or unlawful project content or materials;
- Payment is not received within the agreed-upon terms;
- Ink Pixel LLC is unable to complete the project due to unforeseen, extraordinary circumstances beyond its reasonable control.
In the event of cancellation by Ink Pixel LLC for any reason other than Client breach, a full refund of amounts prepaid for undelivered services will be issued.
10. Disclaimer of Warranties
The following section limits Ink Pixel LLC’s liability. Please read carefully.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INK PIXEL LLC PROVIDES ALL SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. INK PIXEL LLC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
INK PIXEL LLC DOES NOT WARRANT THAT: (A) SERVICES WILL MEET THE CLIENT’S SPECIFIC BUSINESS OBJECTIVES OR REVENUE GOALS; (B) SEARCH ENGINE RANKINGS OR WEBSITE TRAFFIC WILL ACHIEVE ANY PARTICULAR LEVEL AS A RESULT OF SEO SERVICES; (C) ANY PUBLISHED BOOK WILL ACHIEVE COMMERCIAL SUCCESS OR ACCEPTANCE BY ANY RETAILER; OR (D) ANY MOBILE APPLICATION WILL BE APPROVED OR MAINTAINED BY ANY APP MARKETPLACE.
11. Limitation of Liability
Important: This section limits Ink Pixel LLC’s financial liability to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE CALIFORNIA LAW, IN NO EVENT SHALL INK PIXEL LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED, EVEN IF INK PIXEL LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL INK PIXEL LLC’S TOTAL AGGREGATE LIABILITY TO THE CLIENT FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO INK PIXEL LLC FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.
12. Indemnification
The Client agrees to defend, indemnify, and hold harmless Ink Pixel LLC and its officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
- The Client’s breach of any provision of this Agreement;
- The Client’s use or misuse of any deliverable, including any use that infringes the intellectual property or privacy rights of a third party;
- Any content, materials, or intellectual property provided by the Client that infringes the rights of any third party;
- The Client’s violation of any applicable law, regulation, or third-party rights.
13. Prohibited Uses & Conduct
You agree not to use Ink Pixel LLC’s services, website, or any deliverables for any purpose that is unlawful or prohibited by this Agreement. Specifically, you may not:
- Request or submit content that is defamatory, obscene, discriminatory, harassing, or in violation of any applicable law;
- Provide false or misleading information in connection with any project brief or registration;
- Infringe upon the intellectual property, privacy, or publicity rights of any third party through the materials you provide to us;
- Attempt to access, probe, or interfere with the security of our website or internal systems;
- Use our website, deliverables, or any content therein to build a competing service;
- Reverse-engineer, decompile, or disassemble any software or code delivered as part of a project;
- Engage in any conduct that imposes an unreasonable or disproportionate load on our infrastructure.
Ink Pixel LLC reserves the right to refuse, suspend, or terminate any engagement in response to actual or suspected prohibited conduct, without refund where applicable.
14. Force Majeure
Ink Pixel LLC shall not be liable for any delay or failure to perform its obligations under this Agreement to the extent such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, civil unrest, government actions, internet outages, power failures, telecommunications failures, cyberattacks, or other extraordinary events (“Force Majeure Event”).
In the event of a Force Majeure Event, Ink Pixel LLC will notify the Client in writing as soon as reasonably practicable, and the affected obligations will be suspended for the duration of the event. If a Force Majeure Event continues for more than thirty (30) calendar days, either party may terminate the affected portion of the engagement with no penalty, and a pro-rated refund for undelivered services will be issued.
15. Dispute Resolution & Governing Law
15.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
15.2 Informal Resolution
Before initiating any formal dispute, the parties agree to attempt to resolve any claim or dispute arising under this Agreement through good-faith negotiation. The disputing party must provide written notice of the dispute to the other party, and the parties will have thirty (30) calendar days to reach a mutually acceptable resolution.
15.3 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in San Francisco County, California, and shall be conducted in English. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
15.4 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, THE CLIENT WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE ACTION AGAINST INK PIXEL LLC. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS.
15.5 Exceptions
Notwithstanding the above, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction in San Francisco County, California, to protect its intellectual property or confidential information pending the outcome of arbitration.
16. Modifications to This Agreement
Ink Pixel LLC reserves the right to revise these Terms and Conditions at any time. When changes are made, the updated Agreement will be posted on our website with a revised effective date. For material changes, Ink Pixel LLC will provide at least fifteen (15) calendar days’ prior notice by email to registered clients or via a prominent notice on our website.
Your continued use of our services after the effective date of any revised Agreement constitutes your acceptance of the updated terms. If you do not agree to the revised terms, you must cease using our services and may request termination of any active project in accordance with Section 9.
17. General Provisions
17.1 Entire Agreement
This Agreement, together with any project-specific order form or statement of work signed by both parties, constitutes the entire agreement between the Client and Ink Pixel LLC with respect to its subject matter, and supersedes all prior or contemporaneous agreements, negotiations, representations, and understandings, whether written or oral.
17.2 Severability
If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
17.3 Waiver
The failure of Ink Pixel LLC to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision. No waiver of any provision of this Agreement shall be effective unless made in writing and signed by an authorized representative of Ink Pixel LLC.
17.4 Assignment
The Client may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Ink Pixel LLC. Ink Pixel LLC may assign this Agreement, or any portion thereof, to any successor entity in connection with a merger, acquisition, or sale of assets, without the Client’s consent.
17.5 Independent Contractors
The parties are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between the Client and Ink Pixel LLC.
17.6 Headings
Section headings in this Agreement are for convenience only and shall have no legal or contractual effect.
18. Contact Information
For all questions, concerns, or notices relating to these Terms and Conditions, please contact us at:
Ink Pixel LLC
1177 Market Street, San Francisco, CA 94103
Phone: (888) 682-7550
Email: info@inkpixelllc.com
Website: inkpixelllc.com
By using our services, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.