TERMS AND CONDITIONS
1. CONTRACT
Your approval for work to commence is deemed a contractual agreement between you, the client, and Pixel Junction. Approval for the work to commence indicates that you accept these terms and conditions.
2. QUOTES
Our price is for the work listed on the specification provided. If you decide that changes to the brief or nature or scope of work are required after work commences, then we will accept these changes with the provision that additional charges may have to be negotiated.
Our specifications are valid for thirty days unless otherwise stated and given in good faith. It is the client’s responsibility to read the information provided in a specification and notify Pixel Junction of any errors, omissions or amendments prior to work commencing.
3. CANCELLATION
Should you wish to cancel at any point, you will be liable only for the work that has already taken place and shall be invoiced accordingly. In such an instance, Pixel Junction shall provide an itemised statement of all works undertaken to such point.
4. ADVANCE PAYMENT
In certain circumstances, Pixel Junction shall request an advance percentage of the total cost of the project before work can commence. Where this condition is applicable, this shall be specifically outlined in the quotation / specification provided. After work commences this is non-refundable.
Where large volumes of printed material or items are ordered by the client, Pixel Junction may request advance payment to cover such materials.
Final instruction to print is generally subject to payment and settlement in full of all work invoiced. This ensures by implication that clients are signing their confirmation of both the accuracy and content of all matter which requires to be committed to print.
5. PAYMENT
Once the work has been completed the final balance of payment is due. Payment can be made by cheque or electronic transfer, and in UK pounds only. We shall be obliged to pass on to the client any costs for returned cheques.
Websites and web based projects will be made live on receipt of final payment. All artwork and files for websites hosted by a third party shall be released upon receipt of final payment.
6. LATE PAYMENT
Payments are due15 days after the invoice date. Accounts that have not been settled will incur a late payment charge of £60.00 plus interest charged at the Bank of England base rate plus eight per cent (as provided for in the Late Payment of Commercial Debts Regulations 2002).
7. TIMESCALE
We will agree with the client on a date for completion of a project. Pixel Junction and the client must endeavour to meet the agreed completion date unless otherwise discussed in advance. If the client does not meet the agreed completion date, the client will be liable to pay any outstanding costs for the project. In this instance, Pixel Junction will make every effort to complete the project but we will not guarantee nor commit to a revised completion date. On the completion date of a project you will enter the 60 day aftercare period where general support will be provided free of charge. The aftercare period becomes void if the client does not meet the agreed completion date. After the 60 days, you have the option to sign up for a web support plan.
8. MEETINGS AND TRAVEL
Pixel Junction do not charge for client meetings unless otherwise notified and agreed in advance. Should significant travel expenses be incurred, including accommodation and out of pocket expenses, Pixel Junction shall be obliged to charge a proportionate amount in respect of this.
9. DOMAIN REGISTRATION
All costs arising from the registration of a domain name shall be met by the client. It is the client’s responsibility to renew their domain names, and Pixel Junction cannot be held liable for domains which expire. We will, however, make reasonable effort to contact you regarding domain renewal prior to the expiry date.
10. WEBSITE HOSTING
Pixel Junction will host the website if you require us to do so and on receipt of full payment of our hosting fees. Hosting fees and setup will be required at the start of a project in order for work to commence. However the client will not necessarily experience use of the hosting plan until live time.
The website is provided to and accepted by you as a fully functioning, completed work. Ongoing support can be provided upon request and for an agreed fee but no guarantees can be provided in respect of uptime, and Pixel Junction cannot accept liability for losses caused by the unavailability, malfunction or interruption of the hosting service, loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
11. HOSTING RENEWAL
Hosting renewal is due on a yearly basis and Pixel Junction shall automatically assume that uninterrupted hosting is to continue unless specifically notified in writing by the client no less than 30 days before the hosting is due to expire. Pixel Junction are not obliged to refund any monies in respect of hosting for part of any annual arrangement, i.e. if the client wishes to make alternative hosting arrangements part way through the term. The date of renewal will be annually from the date the website was ordered by the client. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. We may need to change the domain name servers at any time and access to change these should be given otherwise there is a high risk of website and/or email downtime which Pixel Junction will not be held responsible for. If we need to change the domain name servers we will contact you with 14 days notice.
12. HOSTING BY THIRD PARTY PROVIDERS
Should you choose to use a third party host provider, we will endeavour to offer full support until the project or website is complete. Hosting setup fees will be required at the start of a project in order for work to commence.
In cases where an SSL certificate is required, fees and setup will be needed at the start of a project in order for work to commence. However the client will not necessarily experience use of the SSL plan until live time. Pixel Junction cannot accept liability for losses or damage caused by the SSL service.
The website is provided to and accepted by you as a fully functioning, completed work. Pixel Junction cannot accept liability for losses caused by the unavailability, malfunction or interruption of the hosting service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss as a result of the third party host provider.
13. TESTING
You are expected to test fully any application or programming relating to a website developed by Pixel Junction before it is made live for use. Where bugs, errors or other issues are found after the site is live, Pixel Junction will endeavour to correct these issues to meet the standards of function outlined in the brief free of charge for the first 60 days of operation. After this time period, charges will apply.
14. DATA LOSS
You have sole responsibility for any information or files relating to your website. In the event of data loss on the hosting service, Pixel Junction will endeavour, to provide a recent backup of the web pages and database content. However, the site is the responsibility of the client and the client should keep regular backups of the site, unless a special arrangement has been made with Pixel Junction to provide such a service.
15. SEARCH ENGINE OPTIMISATION
Each website developed by Pixel Junction shall have meta information applied for the benefit of search engine optimisation. We can provide search engine optimisation and ongoing site promotion for an agreed fee; otherwise you are responsible for these issues.
The order in which websites are ranked in the natural search results is controlled by the search engines. While your site can be optimised for this, no guarantees can be made about the success of any search engine promotion activity.
Should you wish for a third party to work on your website for SEO purposes, we shall ask for written assurances Pixel Junction will not be liable for any detrimental affect on the performance of the website.
16. ASSET PROVISION
It is the client’s responsibility to provide if you agree to provide Pixel Junction with content required to complete any print or website commission, or to make provision for new content to be produced. Failing to do so within two weeks of project commencing, the client must appreciate that any agreed deadlines become invalid.
Pixel Junction reserves the right to suspend or close the project until such time that all outstanding content is provided. The remaining balance becomes payable immediately.
17. COPYRIGHT
Pixel Junction asserts its copyright over work created for the client; this right transfers to the client upon complete and final payment for the work.
Pixel Junction retains moral rights to the work, meaning that we assert the right of attribution, the right to the integrity of the work and the right to have the work published in any format or media for the purpose of promotion of Pixel Junction.
18. COPYRIGHT OF CONTENT
Usage fees and copyright clearance of print and website content are the sole responsibility of the client. Should any legal issues arise from the content or copyright of any assets supplied by the client or Pixel Junction, they will be the sole responsibility of the client.
19. COMMUNICATION
It is the responsibility of you the client to notify us of any changes to your contact details, primarily email address and telephone number. Failure to notify us of any such changes may result in a miscommunication in which case Pixel Junction will not be held responsible for losses caused by the unavailability or malfunction of the method of contact, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
20. DATA PROTECTION
Our client information is stored under password protection. Under no circumstance will we share your information with third parties other than those involved in the project.
21. BROWSER COMPATIBILITY
Pixel Junction will endeavour to ensure that our websites are standards-compliant, displaying and functioning correctly on standards-compliant browsers (e.g. Firefox 3.0+, Internet Explorer 7+, Safari 4.0+). We do not support Internet Explorer 6. Compatibility with other browsers must be agreed as part of the contract prior to work commencing.
22. GENERAL LIABILITY
Pixel Junction cannot be held responsible for anything adversely affecting the client’s business operation, sales, or profitability that they might claim is a result of a service offered by Pixel Junction.
Pixel Junction will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines and shall make every reasonable effort to meet agreed deadlines or inform the client in advance if deadlines are not achievable.
We will not be liable for any disputes between the website owner and their clients and cannot be held responsible for any wrongdoing on the part of a website owner.
23. COMPLAINTS PROCEDURE
We hope you are happy with our service, but if not, please raise the matter in writing or by email, outlining the grounds for complaint. We will respond to the complaint within 7 days. Any subsequent remedy will be implemented with the minimum of delay.
