Agreement
By signing up for services provided by Pixi Art Co., Ltd. (pixiart.com) the client "Customer" agrees to the below terms
and conditions as listed in the below "Services Agreement".
1. Definitions
A.) "Options" means proposals for offering various services to be provided by Pixi Art Co., Ltd. as listed online at
pixiart.com/services and pixiart.com/support "Options" does not include the use of the Pixi Art Co., Ltd. trademark (or
logo).
B.) "Customer" means an end user who is utilizing services provided by Pixi Art Co., Ltd.
2. Prices
All prices for options provided by Pixi Art Co., Ltd. to Customer are in US dollars or the equivalent in Thai Baht
excluding VAT, based on the current exchange rate - buying US$ rate. VAT applies to Thai registered businesses only.
3. Services
Pixi Art Co., Ltd. provides architectural illustration, computer graphic animation and web design solutions ranging from
basic web design to comprehensive e-business solutions. By signing up for services provided Customer agrees to all
service descriptions as outlined under pixiart.com/services.
4. Order Acceptance & Payment
A.) All orders are subject to acceptance by Pixi Art Co., Ltd. An order will be deemed accepted by Pixi Art Co., Ltd. when
written confirmation of the order is sent to Customer. Pixi Art Co., Ltd. may refuse to accept any order, or delay
acceptance pending fulfillment of conditions Pixi Art Co., Ltd. may choose to impose.
B.) Payment and Terms: Payment shall be made in US dollars (or the equivalent in Thai Baht, based on the
currentexchange rate - buying US$ rate) to Pixi Art Co., Ltd. into the Pixi Art bank account, by direct transfer, cash, or by
cheque designated to Pixi Art Co., Ltd. or as may otherwise agreed by the parties. Payments are due upon presentation
of invoice. If due to bank charges, transfer fees, or the like, Pixi Art Co., Ltd. should receive less than its invoice
amount, Pixi Art Co., Ltd. will re-invoice Customer for the shortfall.
The following payment schedule for Pixi Art Co., Ltd.'s service applies: Once the service terms are accepted by
parties, Customer will pay 10% of total amount due. Once the preliminary scheme of the task is agreed, accounting will
contact Customer for another 45% of the due. Once pixiart.com completed the task, Customer will receive a task
completion notice either by phone, fax or e-mail. Pixiart.com will submit the work once Customer pays for the
outstanding due. Customers can pay by direct transfer to Pixi Art's bank account, cash or cheque.
5. Limitation Of Pixi Art Co.,Ltd's Obligations And Liability
A.) Pixi Art Co., Ltd. will utilize its best efforts to maintain acceptable performance of services contracted, but Pixi Art
Co., Ltd. makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or
fitness for a particular purpose. Pixi Art Co., Ltd. cannot guarantee continuous service, service at any particular time,
or integrity of data stored or transmitted via its system or via the Internet. Pixi Art Co., Ltd. will not be liable for the
inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Pixi Art Co.,
Ltd. shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by
Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the
loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from,
delays, no deliveries, or service interruptions whether or not caused by the fault or negligence of Pixi Art Co., Ltd.
B.) Pixi Art Co., Ltd. may discontinue servicing any account option, or may require fulfillment of conditions Pixi Art Co.,
Ltd. may choose to impose as a prerequisite for continuing to service any option. Such discontinuation or requirement
may not be unreasonable, however, and Pixi Art Co., Ltd. agrees to provide Customer with reasonable notice via email
and fax of any such intent to discontinue or impose conditions.
C.) Pixi Art Co., Ltd. liability to Customer, and any end user of any account options or other Pixi Art Co., Ltd. services is
limited to the amount paid to and received by Pixi Art Co., Ltd. In no event shall Pixi Art Co., Ltd. be liable to Customer,
or any end user or any other entity for any special, consequential, or other damages, however caused, whether for
breach of contract, negligence or otherwise, even if Pixi Art Co., Ltd. has been advised of the possibility of such damage.
6. Property Rights
A.) Pixi Art Co., Ltd. owns all right, title and interest in Pixi Art Co., Ltd.'s trade names, service marks, inventions,
copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Options and of the
hardware and software systems and resources necessary to provide the individual service elements of which they
consist. This agreement does not constitute a license to Customer to use Pixi Art Co., Ltd.'s trade names or service
marks.
B.) Once the client settled his/her invoice for all design/setup fees in full the client ultimately owns all content unless
otherwise stated therein. Although the client owns the copyright to his/her website, Pixi Art Co., Ltd. may refuse the
reproduction of all contents on other websites. Please note that the reproduction of the client's website is only allowed
after written approval by Pixi Art Co., Ltd. has been obtained. All licensing rights belong fully to Pixi Art Co., Ltd.
7. Disputes
The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation without formal
proceedings. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and
other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either
party. Arbitration shall take place in Bangkok, Thailand, or at another location if the parties so agree.
8. Applicable Law, Jurisdictional Matters
This agreement takes effect when accepted by Pixi Art Co., Ltd. in Bangkok, Thailand. It is to be governed by and
construed under the laws of the Kingdom of Thailand. The courts of Thailand shall have exclusive jurisdiction to
adjudicate any non-arbitrable dispute arising out of this agreement.
9. Notices
Except with respect to service of process as set forth in paragraph, all notices may be sent by email, fax, or express
mail to the email address, fax number, or address most recently provided and will be effective upon transmission.
Evidence of successful transmission shall be retained.
Pixi Art Co.,Ltd. Bangkok, Thailand, August 2001
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