1.0 Definitions

(a) ‘The Client’ – Any person, company, or entity requesting products or services from New Pixel Studio.

(b) ‘The Designer’ – New Pixel Studio, providing web design, hosting, SEO, and related digital services.

(c) ‘Managed Hosting’ – A service where the Designer maintains the software environment and security of the website.

2.0 Managed Hosting & System Integrity

2.1 Administrative Restrictions: Websites hosted via New Pixel Studio operate within a “Managed Hosting” environment. To ensure the security, stability, and performance of the shared server, the Designer retains exclusive Root/Admin access.

2.2 Client Access Levels: The Client is provided with “Client” or “Manager” level access to the WordPress CMS. This allows for full management of website content.

2.3 Plugin & Core Management: In accordance with server security protocols, the Client may not install, delete, or modify plugins or core system files. All plugin requests must be submitted to the Designer for vetting and installation to prevent code conflicts or security vulnerabilities.

2.4 Prohibition of cPanel/FTP: The Designer does not provide FTP, SSH, or cPanel access to the Client. This restriction is in place to protect the integrity of the hosting environment and all other websites residing on the server.

2.5 Third-Party Hosting Providers: The Client acknowledges that hosting services are provided via third-party infrastructure. The Designer is not a data center operator and shall not be held liable for service outages, network failures, hardware malfunctions, or any technical issues originating from the third-party hosting provider.

3.0 Administrative Handover & Migration

3.1 Full Access Requests: Should the Client require full Administrative, FTP, or cPanel access, the website must be migrated to a third-party hosting provider with cPanel (e.g., GoDaddy).

3.2 Cessation of Liability: Upon the transfer of files to a third-party host or the granting of full Administrative access, the Designer’s responsibility for site security, uptime, maintenance, and malware remediation ceases immediately. The Designer shall not be liable for any site “breaks,” errors, or security breaches occurring after such access is granted.

3.3 Migration Support: Technical support for migrations to third-party hosts is a billable service and is not included in standard hosting packages.

4.0 Liability, Security & Lifecycle

4.1 Security Warranty: While the Designer employs industry-standard security measures, the Client acknowledges that no web environment is 100% secure.

4.2 Compromised Sites: The Designer is not liable for losses (financial or otherwise) resulting from the site being compromised by third parties, brute force attacks, or vulnerabilities within third-party software (e.g., WordPress, Plugins, or Themes).

4.3 Indirect Loss: To the fullest extent permitted by law, the Designer shall not be liable for any indirect, incidental, or consequential damages, including loss of business profits or data.

4.4 Website Lifecycle & Obsolescence: Web technologies and security requirements evolve rapidly. All websites have a functional “shelf life” of approximately 4 to 5 years. After this period, older code bases may become incompatible with modern browsers or server environments.  The Designer may contact the Client after this timeframe to offer an update for an additional fee.

5.0 Data Protection & Privacy

5.1 GDPR Compliance: Both parties agree to comply with their respective obligations under the UK GDPR and the Data Protection Act 2018.

5.2 Client Privacy Responsibility: The Client is responsible for maintaining an accurate Privacy Policy on the website that discloses the use of third-party tools (e.g., Google Analytics, Cookies).

6.0 Content & Usage

6.1 Client Responsibility: The Client assumes all responsibility for the legality of the content (images, text, and legal disclaimers).

6.2 Indemnity: The Client agrees to indemnify the Designer against all claims, costs, and expenses arising from any breach of legislation or infringement of third-party rights related to the site’s content.

7.0 Payment & Suspension

7.1 Account Verification: For security, CMS credentials will only be issued once the Client’s identity and address have been verified (e.g., via a nominal refundable online payment).

7.2 Non-Payment: The Designer reserves the right to suspend hosting services and restrict access to the CMS should any payments remain outstanding beyond the agreed terms.