Terms & Conditions

By placing an order, signing a Service Agreement, approving a quotation, or otherwise instructing us to begin work, you confirm that you have read and agree to these Terms & Conditions.

PixelCRM is a product and service provided by PixelBay Agency ("we", "us", "our").

If you have any questions about these terms, please contact us at hello@pixelcrm.uk.

1. What PixelCRM is

PixelCRM is a self-hosted CRM system, installed and configured on hosting and a domain controlled by you. Where your hosting environment cannot support this, we may, by agreement, host your installation on a subdomain on our system instead. You'll need to be able to add a DNS record at your domain provider for this, and any cost is agreed with you before it's set up - your data remains yours either way, and the same licensing terms apply regardless of which hosting arrangement is used.

We provide three main options:

• Business CRM - our established CRM system supplied under a monthly licence.
• Venue CRM - our established venue-focused CRM system supplied under a monthly licence.
• Custom CRM - a bespoke CRM system built around your requirements, usually quoted at a one-off price and owned outright by you once it is completed and paid for, unless supplied on a monthly basis by arrangement (see Section 6).

The exact features, scope, monthly fees, Custom CRM prices and any additional development work will be confirmed with you before work begins.

2. Your Service Agreement

For each customer, we may provide a separate Service Agreement, order confirmation, quotation or project specification.

This document confirms what you have purchased and may contain information specific to your CRM, including:

• the type of CRM being supplied;
• agreed Custom CRM development fees;
• any monthly licence fee;
• agreed features and functionality;
• additional development or customisation;
• the intended hosting environment;
• any other specific arrangements agreed between us.

If a Service Agreement or quotation contains terms specific to your particular CRM, those terms will apply alongside these Terms & Conditions. See our Service Agreement page for what that document generally covers.

3. Setup and installation

PixelBay Agency will install PixelCRM on your hosting, set it up with your branding and email, and help you get started. Building your pipelines, fields and workflows for you can be arranged, and is reflected in your monthly price.

You are responsible for providing:

• suitable hosting;
• a domain on which the CRM can operate;
• any required FTP, file manager or hosting access;
• appropriate access to configure the installation;
• accurate information and requirements needed for the setup.

You confirm that you have the authority to provide any access credentials supplied to us and to authorise us to carry out the installation and configuration work.

We will request access separately when required. Access credentials should not be submitted through forms intended for agreeing to the service.

We may advise you if your hosting environment is unsuitable or requires changes before installation can proceed.

4. Self-hosted CRM and your data

PixelCRM is designed to run on your own hosting and domain by default.

Your CRM database and the information stored within your CRM remain on your hosting environment rather than being hosted by PixelBay Agency, except where your hosting environment could not support installation and we have instead provided hosting for you as described in Section 1. Where we do provide hosting, your data remains yours and is not used for any purpose beyond operating your CRM.

Your customer data, leads, bookings, contacts, guest lists and other information entered into your CRM remain your data.

You are responsible for your hosting account, domain, server, email services and access security unless we have expressly agreed otherwise in writing. Your CRM makes an automatic daily backup. You remain responsible for backups of the rest of your hosting account, unless we have agreed otherwise.

We will not routinely access or inspect the contents of your CRM. We may access the installation where reasonably necessary to provide installation, support, maintenance, updates, troubleshooting or other services you have requested.

You remain responsible for ensuring that your use of PixelCRM and the information stored within it complies with applicable laws and regulations.

5. Business CRM and Venue CRM licences

Business CRM and Venue CRM are supplied under a licence to use the configured CRM, rather than as a one-off software purchase.

Setup and installation are included in your monthly licence fee, with no separate setup fee. The price shown is the base monthly licence. A larger or more complex setup may be quoted at a higher monthly fee, which will be agreed with you before work begins.

Your monthly fee keeps your licence active and includes the services stated in your Service Agreement or current product description, which may include support, maintenance and updates.

The licence allows your business to use its configured PixelCRM installation for its own internal business purposes while the licence remains active and paid.

The licence does not transfer ownership of PixelCRM or its underlying software to you.

PixelCRM, including its underlying source code, frameworks, reusable components, development methods and technology, remains the intellectual property of PixelBay Agency except where ownership is expressly transferred under the Custom CRM provisions below.

You must not:

• copy PixelCRM for use by another business;
• reproduce or distribute the underlying software;
• resell or sublicense PixelCRM;
• rent or lease PixelCRM to another party;
• provide PixelCRM as a software service to third parties;
• remove or alter copyright, licensing or ownership notices;
• commercially exploit the underlying PixelCRM software or reusable technology as a product in its own right.

Your licence is intended for the business and installation agreed with us. Any additional installations, businesses, domains or materially different uses may require a separate agreement.

6. Custom CRM

A Custom CRM is a bespoke build quoted at a set price and purchased outright. Ownership of the completed bespoke CRM system transfers to you once:

• the agreed development work has been completed; and
• all agreed development fees and other applicable charges have been paid in full.

An outright Custom CRM does not require an ongoing PixelCRM licence fee unless a separate recurring service has been agreed.

The transfer of ownership applies to the finished bespoke CRM system created for you.

It does not transfer ownership of PixelBay Agency's pre-existing intellectual property, reusable code, frameworks, libraries, development tools, general-purpose components, techniques, know-how or underlying technology used in creating the CRM.

Where our existing technology or reusable components form part of an outright Custom CRM, you receive the right to use those components as part of your completed CRM, but you do not acquire the right to extract, reproduce, resell, sublicense, distribute or commercially exploit our underlying technology as a separate software product.

You may use, operate, maintain and modify your purchased Custom CRM for your own business, subject to any third-party software or licence restrictions that may apply.

Where a Custom CRM is supplied on a monthly basis by arrangement, it is licensed on the same terms as Business CRM and Venue CRM (Section 5), may use our licensing system, and ownership never transfers.

7. Licensing system

Licensed Business CRM and Venue CRM installations may communicate with our licensing system periodically to verify that the applicable licence is active.

Custom CRM builds owned outright have no licence checks and no connection to our licensing system, unless supplied on a monthly basis.

This communication is used for licensing and software management purposes. It does not mean that your CRM database or customer data is hosted by PixelBay Agency.

We may use reasonable technical measures to protect our intellectual property and prevent unauthorised use of licensed PixelCRM installations.

8. Missed payments and licence suspension

Monthly licence fees are payable in advance unless otherwise agreed in writing.

If a recurring licence payment is missed, we may contact you to resolve the outstanding amount.

If an outstanding licence payment remains unresolved, we may suspend the active functionality of the licensed CRM.

Where technically available, the CRM may be placed into a restricted or read-only state rather than immediately removing access to your existing information.

Suspension does not transfer ownership of your data to us.

Once the outstanding licence position has been resolved, we may reinstate the licence and normal functionality.

9. Cancellation

Business CRM and Venue CRM licences are generally rolling monthly arrangements with no fixed minimum contract period unless your Service Agreement states otherwise.

You may cancel your recurring licence by contacting us.

There is no cancellation penalty simply for choosing to leave, but fees already due or paid for a period already started are not normally refundable.

When a licensed CRM is cancelled, the licence to use PixelCRM ends.

Your underlying business data remains yours. Where reasonably requested, we will assist with exporting your data from the CRM so that you can retain it or migrate to another system.

Cancellation of a licensed CRM does not give you ownership of PixelCRM or the underlying software.

An outright Custom CRM is not affected by the recurring licence provisions unless a separate recurring service has been agreed.

10. Pricing

Prices for Business CRM, Venue CRM and Custom CRM are confirmed before you commit to the relevant service.

Custom CRM is usually quoted at a one-off price, based on the agreed scope of work and confirmed in our quotation.

We will not knowingly carry out additional chargeable work outside an agreed scope without first discussing the cost with you.

11. Custom development and changes to scope

Custom CRM projects are scoped around your requirements before development begins.

The agreed quotation or specification will define the intended scope of the project.

If you request additional functionality, changes to agreed requirements or work outside the original scope, we may provide a separate quotation or estimate before carrying out that work.

Development timescales are estimates unless a specific completion date has been expressly agreed in writing.

Delays caused by changes to requirements, delayed feedback, unavailable access, third-party services, hosting issues or other matters outside our reasonable control may affect the estimated completion date.

12. Client responsibilities

You are responsible for:

• providing accurate information and requirements;
• providing suitable hosting and domain facilities;
• providing the access required for installation and support;
• maintaining appropriate hosting security;
• keeping access to the email accounts used to sign in secure, and removing people who no longer need access;
• ensuring your hosting provider maintains suitable infrastructure;
• backups of the rest of your hosting account (your CRM makes its own automatic daily backup), unless we have agreed otherwise;
• using PixelCRM lawfully and responsibly;
• ensuring that information entered into PixelCRM is accurate and appropriate;
• informing us of any suspected security issue or unauthorised access.

You must not use PixelCRM for unlawful purposes or attempt to interfere with its operation, licensing system or security.

13. Hosting, third-party services and external systems

PixelCRM is self-hosted unless we host it for you by agreement, meaning your hosting provider and server environment are separate from PixelBay Agency.

We are not responsible for failures, downtime, data loss or performance issues caused by:

• your hosting provider;
• server failures;
• hosting configuration;
• domain or DNS problems;
• SSL certificate issues outside our control;
• email providers;
• third-party APIs or services;
• third-party software;
• internet connectivity;
• security incidents affecting your hosting environment;
• changes made to the CRM or server by you or another third party.

Where a problem is caused by something outside our control, we will reasonably assist with identifying the issue where this forms part of your support arrangement, but additional chargeable work may apply where appropriate.

14. Updates and maintenance

For licensed Business CRM and Venue CRM installations, updates and maintenance included within your agreed service will be applied as reasonably required.

Custom CRM builds do not receive PixelCRM product updates or version releases. Any changes after completion are quoted separately, or covered by a support arrangement where one has been agreed.

Updates may include security improvements, bug fixes, compatibility changes, performance improvements and new or improved functionality.

We may occasionally need access to your hosting environment to install updates or investigate technical issues.

We will take reasonable care when carrying out maintenance, but your CRM makes an automatic daily backup, and you remain responsible for backups of the rest of your hosting account, unless we have agreed otherwise.

15. Intellectual property

All intellectual property owned by PixelBay Agency before a project begins remains the property of PixelBay Agency.

This includes, without limitation:

• PixelCRM;
• source code;
• frameworks;
• reusable code;
• libraries;
• modules;
• development tools;
• templates;
• systems and processes;
• technical methods;
• general-purpose components;
• know-how and development techniques.

For licensed CRM products, these rights remain with PixelBay Agency throughout the licence.

For an outright Custom CRM purchase, ownership of the agreed finished bespoke CRM transfers as described in Section 6, but PixelBay Agency retains ownership of its pre-existing and reusable technology.

Third-party software, libraries, services or components remain subject to their own applicable licences and terms.

16. Confidentiality

We will treat information you provide to us in connection with your CRM and business as confidential and will not knowingly disclose it to third parties except where:

• disclosure is necessary to provide the services;
• you have authorised disclosure;
• disclosure is required by law;
• disclosure is necessary to protect our legal rights or security.

You are similarly responsible for keeping confidential any non-public technical information, source code or proprietary information provided by PixelBay Agency.

17. Data protection and privacy

Our handling of personal information is described in our Privacy Policy.

Because PixelCRM is self-hosted on your own hosting environment, you are generally responsible for determining how personal data is collected, stored and processed within your CRM and for meeting your own data protection obligations.

Where we access your CRM or hosting environment to provide installation, support, maintenance or troubleshooting, we will only access information reasonably necessary for that purpose.

Nothing in these Terms & Conditions removes or limits any rights or obligations that cannot legally be excluded under applicable data protection law.

18. Availability and technical limitations

We aim to provide PixelCRM and our associated services to a professional standard.

However, no software or online system can be guaranteed to operate continuously or without interruption.

Performance and availability can depend on your hosting environment, internet connection, third-party services and other factors outside our control.

We do not guarantee that PixelCRM will meet every possible business requirement unless that functionality has been specifically agreed as part of your service.

19. Support

Support included with your PixelCRM service relates to the operation of the PixelCRM system and the services specifically included within your agreement.

Support does not automatically include general website development, hosting administration, third-party software, unrelated technical issues or new functionality.

Where additional work is requested, we will advise you if it falls outside your included service and may provide a separate quotation.

20. Warranty and defects

We will use reasonable care and skill in carrying out installation, configuration and development work.

If an agreed feature does not operate substantially as specified due to an issue caused by our work, we will make reasonable efforts to correct the issue.

This does not cover problems caused by changes made by you or another party, your hosting environment, third-party services, misuse, unsupported modifications or requirements that were not included in the agreed scope.

21. Liability

Nothing in these Terms & Conditions excludes or limits liability where doing so would be unlawful.

Subject to that, PixelBay Agency will not be responsible for indirect or consequential loss, loss of profits, loss of business, loss of anticipated savings, loss of opportunity or similar losses arising from your use of PixelCRM.

We are not responsible for loss of data caused by your hosting provider, failure to maintain backups, unauthorised access to your hosting account, or changes made by you or third parties, except where such loss is directly caused by our own breach of contract or negligence.

Subject to any liability that cannot legally be limited, our total liability arising from a claim relating to a licensed PixelCRM service will not exceed the total fees paid by you to PixelBay Agency during the twelve months immediately preceding the event giving rise to the claim.

For a Custom CRM project, any specific liability or warranty provisions contained within the agreed quotation or Service Agreement will also apply.

22. Events outside our reasonable control

We will not be responsible for delay or failure to perform our obligations where this is caused by circumstances outside our reasonable control.

This may include hosting outages, internet or telecommunications failures, cyber incidents, third-party service failures, changes to third-party platforms, government action, natural disasters, serious technical failures or other events that could not reasonably have been prevented or anticipated.

23. Changes to PixelCRM

We may improve, update or change aspects of the PixelCRM software from time to time.

For licensed products, changes may include security updates, technical improvements, bug fixes and new functionality.

We will not remove core functionality specifically agreed as part of a Custom CRM project without reasonable consideration of the agreed scope.

Where a change materially affects an existing customer's agreed service, we will communicate the change where reasonably appropriate.

24. Changes to these Terms & Conditions

We may update these Terms & Conditions from time to time.

The current version will be published on this website.

If we make a material change affecting existing customers, we will take reasonable steps to notify affected customers.

A change to these Terms & Conditions will not retrospectively alter ownership of a Custom CRM that has already transferred to a customer.

25. General

If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions will continue to apply.

Failure by either party to enforce a right under these Terms & Conditions does not mean that the right has been waived.

These Terms & Conditions, together with any applicable Service Agreement, quotation or agreed project specification, form the agreement between you and PixelBay Agency for the relevant PixelCRM service.

26. Governing law

These Terms & Conditions are governed by the laws of England and Wales.

Any disputes will be subject to the jurisdiction of the courts of England and Wales, unless applicable law requires otherwise.

27. Contact

If you have any questions about these Terms & Conditions, your licence, your CRM or your agreement with us, please contact:

PixelBay Agency
Email: hello@pixelcrm.uk