Terms of Service

Last updated: January 20, 2023

Section 0: Preamble, General Terms, and Definitions

In this agreement, the Service Provider refers to Pixelar Co., Ltd., which provides services including contracting, designing, and creating artwork, selling, distributing digital products, and digital artwork, as well as contracting for designing and creating computer programs and software.

The Service Recipient refers to the customer or the contracting party who receives services from Pixelar Co., Ltd.

The Work refers to printed media, images, audio, video, animations, computer programs, source code, command sets, and any other media created by Pixelar Co., Ltd., whether created according to the instructions of the Service Recipient or not.

The Creator refers to the party contracted to produce, design, or create artwork in collaboration with the Service Provider, who may also be the Service Provider themselves.

Should any provision or content within these Terms of Service be interpreted in a manner that violates the law or conflicts with statutory provisions, or cannot be enforced within the jurisdiction of any court, or is a provision that conflicts with the law under court order, such provision of these Terms shall be separated from these Terms, and shall not affect the validity of the remaining provisions of these Terms.

The Service Recipient must not assign, transfer, or delegate the rights or obligations received under this agreement to any other party, nor enter into any contractual arrangement regarding services, provision of services, or legal relationships.

When the Service Recipient contacts Pixelar Co., Ltd. to receive services through the various channels provided by the company, it shall be deemed that the Service Recipient has agreed to accept the terms and conditions of service of the company.

These terms of service constitute an agreement between the Service Provider, Pixelar Co., Ltd., and the Service Recipient from Pixelar Co., Ltd., which includes the following content:

Section 1: Service Channels

  1. Web Store (https://pixelar.co.th)
  2. PIXELAR Facebook Page (https://www.facebook.com/pixelarcoltd)
  3. PIXELAR Discord (https://pixelar.co.th/discord)
  4. Any other channels through which the Service Recipient directly contacts the Service Provider for services, provided that these channels are not intermediated by third parties or used to seek contracting parties of the Service Provider directly.

Service recipients receiving services through channels other than those listed above shall not be considered as receiving services under these terms and conditions, and shall not be entitled to the protection of rights and benefits under these terms and conditions unless otherwise agreed upon for service provision and receipt under these terms and conditions.

Section 2: Service Provision Process

  1. The service recipient must place an order for the production of the work or request the work design through the channels specified in section (1).
  2. The service recipient must specify their requirements, production methods, formats, quantities, content, processes, and provide detailed comparative examples of the work. If any content or details are not specifically specified and require the creative input of the service provider for completion or enhancement, the service recipient must indicate their desire for such enhancements. The service provider may, at their discretion, adjust the service recipient's instructions by charging additional fees. However, once the service recipient has provided content and details related to the work as per section (2a), the service provider shall assess the cost and expenses for production and/or design of the work as ordered by the service recipient. It is imperative for the service recipient to provide a budget for the work to be produced and/or designed by the service provider. This is to enable the service provider to adjust and design the work according to the readiness and suitability of the service recipient's objectives.
  3. When the service recipient has received a price estimate from the service provider as per section (2c), the service recipient may adjust the details of the order for production and/or design of the artwork in order to reduce expenses for receiving a new price estimate from the service provider.
  4. The service recipient may proceed with steps b - c multiple times until satisfied with the price or details required. However, the service recipient may adjust the order to receive evaluations to reduce expenses up to a maximum of 3 times. From the 4th adjustment onwards, the service provider may charge additional fees as an evaluation cost. However, such fees shall not exceed 5% of the estimated production and/or design cost.
  5. Once the service recipient agrees or confirms the evaluation, the service recipient shall not be able to request modifications to the production details and/or design. However, the service provider may permit occasional modifications to the production or design order on a case-by-case basis.
  6. The service provider shall notify the service recipient of the workflow and production/design timeline and queue. At this stage, the service recipient shall receive notification to pay the full amount or partial payment as specified in section (6). Upon the service provider's receipt of payment, even if only partial payment as specified in section (6) has been received, it shall be deemed that the service recipient and the service provider have agreed to and received the service.
  7. When the service provider has commenced or is ready to commence the production and/or design of the service recipient's work, the service provider shall notify the service recipient accordingly. However, if the service recipient cannot be contacted, the service provider may choose to proceed or not to proceed with the production of the work, or may skip the service recipient's order/workflow queue.
  8. The service provider may or may not inform the service recipient of the progress or status of the production and/or design of the service recipient's work during development or production, and/or design. However, upon inquiry by the service recipient, the service provider may provide information on the progress or status of the production and/or design of the service recipient's work as appropriate.
  9. When the service recipient has been notified that the work ordered by the service recipient has been completed, it shall be deemed that the service recipient has been notified to inspect the aforementioned work samples. In this step, the service recipient shall be responsible for inspecting the aforementioned work samples within 14 days from the date of receiving such notification. During this process, the service recipient shall be required to report any issues or errors of the service provider in the production and/or design of the work within the aforementioned timeframe. The service provider may extend the time for inspection and reporting of such issues as appropriate.
  10. If the aforementioned period has elapsed, it shall be deemed that the service recipient has no objection to any modifications or improvements to the work. The service recipient shall proceed to pay the remaining balance/cost in the event that only a deposit has been paid and the work has been delivered, or accept the delivery of the work in the event that the full payment has already been made.

Section 3: Copyrights, Intellectual Property Rights, and Usage of Works

  1. Copyrights and Ownership Rights of the Work
    1. The copyrights and ownership rights of the work that the service recipient has commissioned for production and/or design under Section (1) shall belong solely to the service provider. The service recipient shall not assert ownership of copyrights or ownership right or intellectual property rights over the aforementioned work, unless otherwise agreed upon in a separate agreement regarding the copyrights and intellectual property rights of the work.
    2. The service recipient may choose usage rights according to the types of licensing agreements available as follows:
      1. Personal Use: The service recipient may reproduce the work for personal collection, storage, personal use, or non-commercial public disclosure. However, this does not include distribution to the public or allowing others to use the work for similar rights.
      2. Commercial Use For Indirect Profit The service recipient may use the work for advertising or presenting their own work. They may distribute the work or use it for other revenue-generating purposes, excluding direct revenue from the work created by the service provider.
      3. Commercial Use For Direct Profit The service recipient may use the work for direct sale, reproduction for sale, or for direct revenue generation from the work created by the service provider.

      3. Practices Regarding Copyrights, Licensing Agreements, and Intellectual Property Rights of the Work: The service recipient must adhere to Section 11.

Section 4: Reservation of Service Order

  1. The arrangement of service orders is the right of the service provider. The service provider is responsible for prioritizing clients according to the sequence of confirmed orders for production and/or design and based on the availability of the contracted work by the service provider. The service provider may prioritize orders as deemed suitable for the operation and benefit of the service provider.
  2. The arrangement of service orders may be conducted and communicated to the service recipient at the discretion of the service provider. However, it is necessary for the service provider to inform the service recipient of an approximate timeframe for when the service recipient will receive the service order. In the event that the service provider does not notify the service recipient of such timeframe, it is the responsibility of the service recipient to inquire about the aforementioned timeframe.

Section 5: Cancellation of Work and Refund Policy

  1. Cancellation of Work by the Service Provider
    1. In cases where the service recipient has confirmed the order for production and/or design with the service provider and the service provider cancels the work before commencing production and/or design, the service provider must refund the full amount received from the service recipient.
    2. In cases where production and/or design has commenced, the service provider may assess the progress of the work, or the service provider may allow the service recipient to participate in assessing the progress of the work. The assessed progress shall be calculated as a percentage and used to adjust the pricing from the agreed-upon full price. The service provider shall then refund the remaining proportion of the full price accordingly. If the service recipient has paid less than the proportion of the work progress, the service provider may consider withholding a refund. Alternatively, the service provider may opt to refund the entire amount, regardless of the progress of the work. If an agreement on the assessment of work progress cannot be reached, the service provider may withhold the refund.
  2. Cancellation of Work by the Service Recipient
    1. In cases where the service recipient has confirmed the order for production and/or design with the service provider and the service provider has not yet commenced production and/or design, the service provider shall refund 80% of the value of the work to the service recipient, or may opt to provide a full refund. This shall be at the discretion of the service provider.
    2. In cases where production and/or design has commenced, the service provider may assess the progress of the work, or the service provider may allow the service recipient to participate in assessing the progress of the work. The assessed progress shall be calculated as a percentage and used to adjust the pricing from the agreed-upon full price. Additionally, a 20% surcharge shall be added to the completed work percentage. If an agreement on the assessment of work progress cannot be reached, the service provider may withhold the refund.
  3. Once the work has been delivered to the service recipient, the service provider shall not refund any amount under any circumstances.
  4. In cases where the work is a product or digital product available for sale through channels as outlined in section 1, the service provider shall not refund any amount to the service recipient under any circumstances.

Section 6 Payment Policy and Conditions

  1. Work with an estimated price equal to or less than 3,000.00 Baht (Three Thousand Baht) shall be fully paid by the service recipient in one installment.
  2. Work with an estimated price greater than 3,000.00 Baht (Three Thousand Baht) but not exceeding 10,000.00 Baht (Ten Thousand Baht) may be paid in two installments as follows:
    1. The first installment shall be an amount not less than fifty percent (50%) of the work value, considered as a deposit.
    2. The remaining portion of the first installment shall be paid upon completion of the work.
  3. Work with an estimated price greater than 10,000.00 Baht (Ten Thousand Baht) but not exceeding 150,000.00 Baht (One Hundred Fifty Thousand Baht) may be paid in installments, not exceeding four (4) installments, as follows:
    1. The first installment shall be an amount not less than forty percent (40%) of the work value, considered as a deposit.
    2. Subsequent installments may be paid equally or according to the progress of the work, subject to agreement between the service provider and the service recipient on a case-by-case basis.
  4. Work with an estimated price greater than 150,000.00 Baht (One Hundred Fifty Thousand Baht) but not exceeding 1,000,000.00 Baht (One Million Baht) may be paid in installments, not exceeding six (6) installments, as follows:
    1. The first installment shall be an amount not less than twenty-five percent (25%) of the work value, considered as a deposit.
    2. Subsequent installments may be paid equally or according to the progress of the work, subject to agreement between the service provider and the service recipient on a case-by-case basis.
  5. For work with an estimated price exceeding 1,000,000.00 Baht (One Million Baht), payment in installments shall be subject to agreement between the service provider and the service recipient regarding the number of installments and the value of each installment. However, the first installment payment shall be at least seventeen percent (17%) of the work value, excluding any installment payment intended as a security deposit or for the service recipient's breach of terms.
  6. The payment of the first installment shall serve as a security deposit against damages or breaches by the service recipient under the terms of this service agreement. In the event that the service recipient opts to pay the entire amount in one installment, consideration shall be given based on the amount of the first installment required as a security deposit, which is fifty percent (50%) for work with an estimated price equal to or less than 3,000.00 Baht (Three Thousand Baht).
  7. The service recipient may choose to make full payment in all cases.

Section 7 Reservation of Rights and Client Liability Policy

  1. If the client fails to respond to inquiries or concerns from the service provider for more than 30 days, rendering the service provider unable to proceed with delivery or revisions, the service provider reserves the right to terminate the service and retain the deposit.
  2. If the service provider is unable to contact the client for more than 30 days, the service provider reserves the right to terminate the service and retain the deposit.
  3. However, if the client has notified the service provider in advance of any circumstances preventing communication and has provided a prior notice, the service provider shall not consider the date of notification from the client under sections (7a) and (7b).
  4. If the client fails to make payment for each installment within 15 days from the due date or the agreed-upon date and time for payment, the service provider reserves the right to terminate the service and retain the deposit, unless otherwise agreed.
  5. The service provider reserves the right to amend, modify, or revise any part of this service agreement without prior notice to the client. The service provider may communicate such changes through one or more channels mentioned in section (1) without the necessity of notifying the client through all channels.

Section 8 Liability Agreement and Post-Sale Services

  1. The service provider shall be liable for proven errors attributable to the service provider regarding the work received by the client after delivery. Unless otherwise specified, the service provider's liability shall extend for a period of 6 months from the receipt of the final installment payment.
  2. The service provider shall be liable for proven errors attributable to the service provider regarding the work received by the client after delivery, whether in the form of rectification or monetary compensation. In the case of monetary compensation, the service provider shall not exceed 25% of the deposit amount.

    However, the service provider and the client may agree to alternative forms of compensation other than monetary payment.

Section 9 Duration of Work

The duration of work shall be at the discretion of the service provider in assessing the timeframe for carrying out the work. This shall take into account the nature and complexity of the work as significant factors.

Section 10 Payment Acceptance

  1. In the case of payments made within the country, the service recipient may make payment through bank accounts in Thailand.
  2. In the case of payments from abroad, the service recipient may make payments through the following channels:
    1. PayPal
    2. Stripe
  3. In the event that the service recipient's payment does not exceed 10 USD (Ten United States Dollars), the service recipient shall pay an additional fee to the service provider at a fixed rate of 1.5 USD (One United States Dollar and Fifty Cents).
  4. In the event that the service recipient's payment exceeds 10 USD (Ten United States Dollars) but does not exceed 1,000 USD (One Thousand United States Dollars), the service recipient shall pay an additional fee to the service provider at a rate of 10 percent of the amount payable.
  5. In the event that the service recipient's payment exceeds 1,000 USD (One Thousand United States Dollars), the service recipient shall pay an additional fee to the service provider at a rate of 10 percent of the amount payable, or may agree on another rate. This shall be at the discretion of the service provider.
  6. In cases where the service recipient requires receipts or invoices to be issued through the PayPal or Stripe systems, the service recipient shall pay an additional fee of 1 USD (One United States Dollar).

Section 11 License and Copyright Policy

  1. Terms regarding licensing:
    1. The service recipient shall be granted a license to use the work as specified in Section (3) by the service provider. The service recipient must obtain a license agreement before using the work.
    2. Obtaining a license shall be effective only when the service provider has provided the license agreement in writing through the channels specified in Section (1).
    3. In cases where the service recipient has commissioned, and/or designed the work, and/or purchased the work through the channels specified in Section (1), or in cases where specific rights or licenses have not been specified, the service recipient shall be granted a Personal Use license, granting ordinary rights.
    4. In the event of the service recipient's use of the work not in accordance with the license obtained, the service provider reserves the right to pursue legal action without prior notification to the service recipient.
  2. Requesting a License Agreement
    1. In requesting a license agreement, the service recipient may request a license from the service provider either during the evaluation of the work or after having paid for and received the work.
    2. Requesting a license agreement may incur additional fees from production, design, and/or normal purchasing practices, which the service provider may charge to the service recipient. The rates are as follows:
      1. For Personal Use licenses, no additional fees are required beyond the rates or estimates of the work at the time of ordering production and/or design.
      2. For Commercial Use For Indirect Profit licenses, the service recipient must pay a license fee ranging from 80 to 275 percent of the estimated production and/or design costs.
      3. For Commercial Use For Direct Profit licenses, the service recipient must pay a license fee ranging from 150 to 375 percent of the estimated production and/or design costs.
      4. However, the actual license fee for each type of license is the responsibility of the service recipient to inquire with the service provider. The service provider may set any price within the specified range. The service provider reserves the right to choose to charge the maximum license fee in cases where the service recipient requests a license after full payment for the work has been made.
      5. The service recipient may agree to pay additional license fees in the form of royalty fees. In this case, the service recipient must comply with Section (11c).
    3. Royalty Fees
      1. In agreeing to pay royalty fees, the service recipient must agree to disclose the sales figures or income related to the work to the service provider transparently and provide detailed sales reports to the service provider. This is related to the practice of disclosing income related to the work, and the service recipient must comply with Section (11c).
      2. For Personal Use license agreements, no additional fees are required beyond the rates or estimates of the work at the time of ordering production and/or design.
      3. For Commercial Use For Indirect Profit license agreements, the service recipient must pay royalties at a rate of 0.5 to 3 percent of the income derived from the work ordered for production and/or design.
      4. For Commercial Use For Direct Profit license agreements, the service recipient must pay royalties at a rate of 1.5 to 5 percent of the income derived from the work ordered for production and/or design.
      5. However, the actual royalty fee for each type of license is the responsibility of the service recipient to inquire with the service provider. The service provider may set any price within the specified range. The service provider reserves the right to choose to charge the maximum royalty fee in cases where the service recipient requests a license after full payment for the work has been made.
      6. In the event that it is found, or there is reasonable suspicion, that the service recipient is concealing, hiding, or obscuring sales figures or income related to the work, or providing false information about income related to the work, the service recipient agrees to compensate by paying three times the normal rate of royalties applicable if the income related to the work is evaluated as usual.
  3. Agreement and Practice Regarding Disclosure of Sales Figures
    1. The service recipient agrees to disclose sales figures in detail, including the quantity sold, distribution channels, methods of distribution, usage, or distribution of the work, as well as any marketing plans related to the work, to the service provider on a case-by-case basis. This must include clear specifications regarding distribution channels, usage, or distribution methods, as well as specifying the means by which income is obtained and the influence or relevance of the work on generating income, to be clearly communicated to the service provider.
    2. The service provider may collect royalties from the service recipient on a monthly or quarterly basis. Both the service provider and the service recipient may agree on this.
    3. In paying the royalties, the service recipient is responsible for remitting the royalties and providing reports related to income derived from the work to the service provider.
    4. The service recipient may agree to additional details with the service provider. However, this must be done before the service provider receives payment for the royalties or license fees.
    5. The service provider reserves the right to terminate the license agreement of the service recipient. It is the responsibility of the service provider to provide reasons to the service recipient. The service provider must notify the service recipient at least 14 days in advance when the license agreement of the service recipient has been terminated. Upon termination, the service recipient will only retain the ordinary rights agreed upon in Section (3a II 1).
    6. The service provider and the service recipient may agree to additional terms or details related to the practice of disclosing sales figures. This must be done in writing.
  4. Duration and Termination of License Agreement
    1. Upon receiving the license agreement, the licensee shall have a duration of 1 year from the date of receiving the license from the service provide (as a licensor).
    2. Upon the expiration of the 1-year term, the license agreement shall be automatically renewed unless the service provide (as a licensor) notifies the service recipient (as a licensee) of the cancellation of such renewal through the channels specified in section (1) or notifies the service recipient (as a licensee) in writing through any other means to terminate the license agreement.

Section 12 Marketing, Disclaimer of Liability, and Reservation of Rights by the Service Provider in the Use of Works

  1. The service provider reserves the right to modify, adapt, enhance, reproduce, or sublicense the work ordered by the customer, whether in whole or in part, without prior notification to the customer. The service provider may communicate such modifications or uses to the customer at its discretion.
  2. The service provider reserves the right to use the work ordered by the customer for production and/or design purposes, including but not limited to displaying, incorporating into other works, or showcasing for commercial or any other purposes, without prior notification to the customer.
  3. The service provider shall protect the benefits of the customer who has obtained various types of licensed agreements from the service provider as if they were its own rights and benefits. In this regard, the customer must gather relevant information and evidence related to any unauthorized use or infringement of the work without notifying the service provider. The customer may act as a representative to protect these benefits on behalf of the service provider, provided that prior written consent and notification are obtained from the service provider.
  4. In the event that the work sponsored by the service provider is used for illegal business activities or activities believed to be illegal, the service provider reserves the right to withdraw the license and agreement immediately without prior notification to the customer. The service provider also disclaims any responsibility for damages incurred to any other individuals resulting from the unauthorized use of the work.

Section 13 Personal Data Protection

The protection of personal data of the service recipient shall be specified in the Privacy Policy.