Terms and Conditions

Last Updated on 19.02.2025

These Terms and Conditions (hereinafter “Terms”) govern the provision of monthly website development service (“Service”) by Unpxl Agency (“we”, “us”, or “our”) to the subscribing client (“you”, “your”, or “client”). By subscribing to our Service, you agree to be bound by these Terms. If you do not agree, you must not subscribe or continue using the Service.

1. Definitions

1.1 "Service"

The monthly subscription for website development, as detailed in these Terms.

1.2. "Subscription Fee"

The monthly charge for the Service, payable only via Stripe.

1.3. "Client Dashboard"

Space on our project management system, ClickUp, through which you may submit Requests, review progress, and communicate with our team.

1.4. "Request"

Any requirement submitted by the Client in the Client Dashboard for the Service. A Request can be fulfilled by one ore more Tasks.

1.5. "Task"

The specific piece(s) of work that we undertake to complete a Request. In many cases, a single Request translates into a single Task; however, for complex Request, we may split them into multiple Tasks for clarity and efficiency.

2. Service Overview

2.1. Scope

  • The Service provides ongoing website development on the following platforms: WordPress, Webflow, Framer, and Shopify.
  • Each subscription includes unlimited Requests. We will only work on one active Task at any given time for clients on the “Starter plan” and up to two active tasks for the “Grow plan”.
  • We will endeavour to begin work on each Task within 24 hours of receiving a Request, delivering results within 2-4 business days or more, depending on the complexity of the task.

2.2 What's Included

  • Embedding custom code: (HTML, JavaScript, etc.) within <head>, <body>, or <footer> tags.
  • CMS Platform Setup: Setting up and configuring the chosen CMS (WordPress, Webflow, Framer, Shopify, etc.) for the client’s website.
  • Theme Customization: Customizing pre-built themes or templates to fit the client’s brand and functional needs (without doing full custom design work).
  • Custom Development/Plugin Installation: Page creation, content editing, and element styling. Installing and configuring necessary plugins or apps to extend the functionality of the CMS. (Plugin costs themselves are not included.)
  • E-commerce Setup (for Shopify): Configuring Shopify stores, including product setup, payment gateways, and shipping integrations.
  • API Integration: Integrating third-party services (such as CRMs, email marketing tools, payment systems) with the CMS.
  • Responsive Development: Ensuring the website is fully responsive and works well across various devices (mobile, tablet, desktop).
  • Content Management: Setting up easy-to-manage content structures within the CMS, making it simple for clients to update and add content.
  • SEO Setup: Basic SEO implementation like meta tags, title tags, alt texts, and other on-page optimizations for search engine visibility.
  • Security Configuration: Ensuring the CMS and website are secure by installing security plugins, configuring SSL, and performing regular security checks.
  • Website Performance Optimization: Optimizing the website for fast load times (through caching, image optimization, etc.).
  • Migration: Moving websites from one platform to another (e.g., migrating a WordPress site to Webflow.)
  • Backup Setup: Configuring automated backups for the website and database to ensure data is safe.
  • Bug Fixes: Addressing any technical issues such as broken links, non-functioning forms, or plugin conflicts.
  • Content Updates: Assisting with adding or updating content on the website as needed, like new blog posts, products, or pages.
  • Analytics Setup: Setting up Google Analytics or other tracking tools to gather data on website traffic and user behavior.
  • Plugin/App Management: Installing, updating, and managing plugins or apps for additional functionality (e.g., adding new features, tools, or integrations).
  • Testing: Routine testing of the website’s functionality (forms, checkout processes, payment systems) to ensure everything is working smoothly.
  • Support: Providing ongoing technical support for the website, addressing client questions or issues as they arise.

2.3 What's Not Included

  • Hosting fees for WordPress or subscription costs for Webflow, Framer, and Shopify.
  • Domain registration costs.
  • Premium plugins, themes, or add-on subscription fees.
  • Any other out-of-scope tasks or requirements not explicitly mentioned as included.

3. Subscription and Payment

3.1. Price

The monthly subscription Fee is described in the respective section on “https://unpxl.agency/website-development-subscription/#pricing“. This fee is charged on the day you subscribe and continues monthly on the same date thereafter.

3.2. Payment Method

  • All payments must be made only via Stripe.
  • By providing your payment information, you authorise us to charge the Subscription Fee by payment method on a recurring monthly basis.

3.3. Automatic Renewal

Your subscription will automatically renew each month unless you cancel it in accordance with Section 6 (Cancellation and Termination).

3.4. Refund Policy

  • If no Task is concluded (i.e., no deliverable is provided) during the first week of your subscription, you may request a refund of 75% of the monthly fee.
  • After the first week of your subscription no other refunds are possible.

4. Requests and Task Management

4.1. Unlimited Requests

  • You may submit an unlimited number of Requests through the Client Dashboard.
  • For each Request, we will create one or more Tasks to address the work required.
  • Each Task may be revised as many times as necessary until you are fully satisfied.

4.2. Task Queue and Delivery

  • Tasks are handled on a first-come, first-served basis (queue system).
  • Delivery time for each Task depends on its complexity and typically ranges from 2 to 4 business days. We aim to keep you informed of progress and due dates via the Client Dashboard.

4.3. Request and Task Removal

  • As a client, you cannot directly remove Requests or Tasks from the system once submitted. However, you may ask our team via the Client Dashboard to remove or cancel a Request (and the corresponding Task(s)), subject to our confirmation.

4.4. Client Dashboard Access

  • You will be granted access to our Client Dashboard within 24 hours of subscribing. You may invite up to 2 (two) people from your team to collaborate on or submit Requests.
  • You agree to keep login credentials confidential and restrict access to authorised personnel only.

5. Communication and Support

5.1. Asynchronous Communication

Our primary communication with you is asynchronous via our Client Dashboard and with a dedicated chat channel. This ensures that all Requests, feedback, and deliverables are documented and easily tracked.

5.2. Support Hours

  • Our standard support hours are Monday to Friday, 9:00 – 18:00 local time, excluding public holidays.
  • We typically respond within 24 hours, often sooner (2-3 hours), depending on our workload and the complexity of your requests.

5.3. Meetings

  • The subscription plan does not include scheduled meetings. A 15-minute introductory call before subscribing can be arranged at no additional cost. Ongoing meetings beyond this may require an upgraded plan or additional fees.
  • The “Grow Plan” offers Bi-Weekly calls (up to 1h per call). The meeting can be requested using the chat in the client dashboard.

6. Subscription Pause

6.1 Pause

  • You may pause your subscription at any time without penalty. As long as there is not an active task.
  • The maximum period for the pause is 2 months. After which, if there’s no communication from the client to unpause or cancel, the subscription will automatically be cancelled.
  • You can pause your subscription by sending an email to support@unpxl.pt.

7.1. Cancellation

1.1 "Service"

  • You may cancel your subscription at any time without penalty. Cancellation takes effect at the end of the current billing cycle.
  • You can cancel directly via your Stripe customer portal. We will confirm the cancellation by email.

7.2. Consequences of Termination

  • Upon cancellation, your access to our Client Dashboard will remain active until the end of your current billing period. After this period, access to the client dashboard will be revoked and all content and information will be eliminated within 30 days. (Unpxl may keep a copy of finished work for marketing purposes.)
  • Any partially completed Tasks will not be continued after the current billing cycle ends unless you renew your subscription or purchase a separate package.

8. Intellectual Property and Ownership of Deliverables

8.1. Ownership

  • All assets and deliverables produced by us for you (including code, configurations, and documents) become your property once the relevant Task is concluded and your monthly Subscription Fee is paid in full.

8.2. Licensing

  • Any third-party software or plugins used as part of development may be subject to separate licence terms. You are responsible for any associated purchase, licence, or renewal fees.

8.3. Client Content

  • You warrant that all text, images, or other content you provide do not infringe any third-party rights and are used lawfully.
  • You grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, and modify your content for the purpose of providing the Service.

9. Additional Services and Add-ons

9.1. Optional Services

  • We may offer additional services including, but not limited to, SEO, Google Ads, Meta Ads management and website performance analysis.
  • These add-ons are not included in the Subscription Fee unless expressly stated. Any additional fees will be discussed and agreed upon before work commences.

9.2. Hosting and Domain

  • While we can assist in setting up hosting and domains, theses costs are not included in the monthly subscription. You remain responsible for hosting fees and domain costs.

10. Limitation of Liability

10.1. No Guarantee of Results

While we commit to delivering high-quality work, we do not guarantee any specific results (e.g., increased traffic, conversions, or sales) from our website development service.

10.2. Exclusion of Indirect Damages

In no event shall we be liable to you for any indirect, incidental, special, or consequential damages, including loss of profits, goodwill, data, or other intangible losses arising from or related to these Terms or the use of the Service.

10.3. Maximum Liability

Our total liability for any claim arising under these Terms shall not exceed the total amount of Subscription Fees paid by you in the preceding three (3) months.

11. Warranties and Disclaimers

11.1. Mutual Warranties

Both parties warrant that they have full power and authority to enter into and perform these Terms.

11.2. Service Disclaimer

The Service is provided on an “as is” and “as available” basis. We do not warrant that the Service will be uninterrupted or error-free.

12. Data Protection and Privacy

12.1. Compliance

  • We will process any personal data you provide in accordance with applicable data protection legislation.
  • For more information on how we use your data, please refer to our Privacy Policy.

12.2. Data Retention

  • We retain project-related information and materials (including backup files, communication logs, and deliverables) for a period of three (3) months following the last day of your active subscription. After this retention period, all such information and materials are permanently deleted from our systems, unless we are required by law or have a legitimate business interest to retain certain records for a longer period.
  • It is your responsibility to download, save, or otherwise secure any deliverables or information you wish to keep prior to the end of the three-month retention period. Once deleted, these materials cannot be recovered.
  • If you wish to have your information or materials removed sooner than the three-month period, please contact us in writing. We will make reasonable efforts to accommodate early deletion requests, provided no legal or contractual obligations prevent us from doing so.

13. Governing Law and Jurisdiction

13.1. Applicable Law

These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of Portugal.

13.2. Dispute Resolution

The parties shall attempt to resolve disputes amicably and in good faith. If a dispute cannot be resolved informally, it shall be submitted to the exclusive jurisdiction of the courts of Portugal.

14. Changes to these Terms

14.1. Right to Modify

  • We reserve the right to modify these Terms at any time. We will notify you of any material changes via email.
  • Your continued use of the Service after such changes are posted constitutes your acceptance of the revised Terms.

15. Miscellaneous

15.1. Entire Agreement

  • These Terms, together with any additional agreements executed in writing between us, constitute the entire agreement and supersede all prior agreements or communications relating to the subject matter herein.

15.2. Severability

  • If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.3. No Waiver

  • Any delay or failure by us to enforce any part of these Terms does not constitute a waiver of our rights under these Terms.

15.4. Assignment

  • You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign these Terms or delegate our obligations at our sole discretion.

16. Contact Us

If you have any questions regarding these Terms or wish to request additional information, please contact us: support@unpxl.pt
 
By subscribing to our monthly Website Development Subscription Service, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.