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Services Agreement
To ensure you are fully informed at all times as to the provisions of the products and services we offer, Pixxell CMS provides the following Policies & Agreements for your review:
Updated: 11-23-2024
This Services Agreement ("Agreement") is entered into between Pixxell CMS ("Provider"), located at [Insert Address], and the Customer ("Customer") identified during the registration process. This Agreement governs the provision of Services by Pixxell CMS as described below.
1. Definitions
- "Services": The software-as-a-service (SaaSSoftware as a Service, or SaaS, is a licensing model that describes software provided on a subscription basis. SaaS software is hosted by the software provider. Subscriptions are typically monthly, or annual.) platform, development services, and related functionalities provided by Pixxell CMS.
- "Agreement": This agreement, including any applicable appendices, schedules, and amendments.
- "Deliverables": Any software, designs, or other materials created by Pixxell CMS and provided to the Customer.
2. Scope of Services
- Pixxell CMS will provide the Services specified in this Agreement, including web development, software customization, and related support services as applicable.
- The Customer agrees to provide accurate information and cooperate as necessary for the provision of Services.
3. Fees and Payment Terms
- The Customer agrees to pay all fees as described in the applicable order forms or invoices.
- Payments must be made in accordance with the payment terms specified by Pixxell CMS.
- Failure to make timely payments may result in suspension or termination of Services.
4. Intellectual Property
- Pixxell CMS retains all intellectual property rights to the Services and Deliverables unless otherwise agreed upon in writing.
- The Customer is granted a non-exclusive, non-transferable license to use the Deliverables for the intended purpose.
5. Confidentiality
- The parties agree to maintain the confidentiality of proprietary or sensitive information disclosed under this Agreement.
- This confidentiality obligation will survive the termination of this Agreement.
6. Data Protection and Privacy
- Pixxell CMS shall process Personal Data in compliance with the GDPR and applicable German data protection laws.
- The Customer retains ownership of their data and Pixxell CMS will not use it for unauthorized purposes.
7. Term and Termination
- This Agreement remains effective until terminated by either party.
- Either party may terminate this Agreement upon providing written notice.
- Termination of this Agreement does not affect the rights or obligations accrued prior to termination.
8. Limitation of Liability
- Pixxell CMS shall not be liable for any indirect, incidental, or consequential damages arising from the use of the Services.
- Liability is limited to the amount paid by the Customer during the previous 12 months.
9. Governing Law
- This Agreement shall be governed by the laws of Germany and the European Union.
- Any disputes shall be resolved through negotiation. If unresolved, disputes shall be submitted to the exclusive jurisdiction of the courts of Germany.
10. Modifications
- Pixxell CMS reserves the right to modify this Agreement. Changes will be communicated through the website.
11. Contact Information
- For inquiries related to this Agreement, contact: [Insert Address] | [Insert Email Address].