Terms & Conditions
The following terms and conditions apply to all website design and/or development services provided by Pixel One Limited to the Client.
1. Acceptance of Terms
- It is not necessary for the Client to have signed an acceptance of these terms and conditions for them to be applicable to the works carried out for the client.
- Upon acceptance of our quote, the Client is deemed to be satisfied as to the terms applying and have accepted their agreement of these terms and conditions in full.
- Please read these terms and conditions carefully. Commencement of a project or other billable use of our services implies that these terms and conditions have been understood and accepted in full.
- Charges for services to be provided by Pixel One Limited are defined in the project quotation that the Client receives via e-mail.
- Quotations are valid for a period of 30 days unless otherwise stated. Pixel One Limited reserves the right to alter or decline to provide a quotation after expiry period.
- Unless agreed otherwise with the Client in writing, all services with the exception of printing, require an advance payment of a minimum of fifty (50) percent of the project quotation total before any work is undertaken. The remaining fifty (50) percent of the project quotation total is due upon completion of the work, prior to release of finished artwork, upload to a clients server or release of materials.
- Printing orders must be paid in full before the items are sent to print.
- Payment for services may be made by bank transfer. Bank details will be made available on all invoices.
3. Client Review
- Pixel One Limited will provide the Client with an opportunity to review the appearance and content of the project during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Pixel One Limited otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
- Pixel One Limited will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Pixel One Limited receiving initial payment, unless a delay is specifically requested by the Client and agreed by Pixel One Limited.
- The Client agrees to delegate a single individual as a primary contact to aid Pixel One Limited with progressing the commission in a satisfactory and expedient manner.
- During the project, Pixel One Limited will require the Client to provide website content; text, images, movies and sound files as required.
5. Failure to provide required website content
- We ask that you provide all required information in advance.
- On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
- If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
- Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages.
- Invoices will be provided by Pixel One Limited upon completion but before publishing the live website.
- Invoices are always sent via email; however, the Client may choose to receive hard copy invoices.
- Invoices are due upon receipt.
- Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
7. Additional Expenses
- Client agrees to reimburse Pixel One Limited for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. Web Browsers
- Pixel One Limited makes every effort to ensure websites are designed to be viewed by the majority of visitors.
- Websites are designed to work with the most popular current browsers.
- Client agrees that Pixel One Limited cannot guarantee correct functionality with all browser software across different operating systems.
- Accounts unpaid thirty (30) days after the date of invoice will be considered in default.
- If the Client in default maintains any information or files on Pixel One Limited’s Web space, Pixel One Limited will, at its discretion, remove all such material from its web space.
- Pixel One Limited is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
- Clients with accounts in default agree to pay Pixel One Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Pixel One Limited in enforcing these Terms and Conditions.
- Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice.
- E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing.
- The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
- All Pixel One Limited services may be used for lawful purposes only.
- You agree to indemnify and hold Pixel One Limited blameless from any claims resulting from your use of our service that damages you or any other party.
- The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Pixel One Limited the rights to publish and use such material.
- The Client must obtain permission and rights to use any information or files that are copyrighted by a third party.
- The Client is further responsible for granting Pixel One Limited permission and rights for use of the same and agrees to indemnify and hold harmless Pixel One Limited from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
- A contract for website design and/or placement shall be regarded as a guarantee by the Client to Pixel One Limited that all such permissions and authorities have been obtained.
- Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
- Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files via e-mail or FTP) and that all photographs and other graphics will be provided in high quality digital media as, .jpeg, .png or .tiff format.
14. Design Credit
- A link to Pixel One Limited will appear in either text form with hyperlink, or with a small graphic in the footer of the Client’s website.
- If a graphic is used, it will be designed to fit unobtrusively within the overall site design.
- The design credit must remain in place, unedited, for the lifetime of the website in a predominantly similar form to when it was created, or whilst it still uses elements of the design created by Pixel One Limited.
- If the client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied.
- The Client also agrees that the website developed for the Client may be presented in Pixel One Limited’s portfolio.
- Should the design credit be removed or otherwise altered, a fixed fee of £500 will be applied and invoiced.
15. Access Requirements
- If the Client’s website is to be installed on a third-party server, Pixel One Limited must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP.
- Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
- Pixel One Limited cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed.
- Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
- Pixel One Limited may purchase domain names on behalf of the Client.
- Payment and renewal of those domain names is the responsibility of the Client.
- The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Pixel One Limited.
- The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
- These Terms and Conditions supersede all previous representations, understandings or agreements.
- The Client’s signature or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
- Payment online is an acceptance of our terms and conditions.
19. Social Media Management
- Pixel One will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance.
- In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
20. Governing Law
- This Agreement shall be governed by English Law.
Pixel One Limited hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Pixel One Limited to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
- In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone.
- Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.