These conditions, which are construed under English Law, are applicable to Pixelmate Design (The Company) and should be read in conjunction with other documents and/or the correspondence comprising issued to the client. By requesting/accepting any work or services by Pixelmate Design you must accept the terms and conditions below. No signature is required for the acceptance of these terms and conditions as all Pixelmate Design Clients must agree to below before requesting any work or services and by instructing us we take it as so.
The Contract for any of Pixelmate Design’s services is to be based on the conditions herein or detailed in the contractual estimate. This contract is valid on all work commissioned to/by Pixelmate Design and we do not undertake any work unless these terms are agreed to. This contract is still valid even if it is not signed by the client as the client must agree to these terms and conditions when placing an order with Pixelmate Design. If you do not agree with these terms and conditions then please do not commission Pixelmate Design.
An upfront payment of 50% of the total fee is due with all orders, unless otherwise agreed, in which case payment is due upon completion of work commissioned to Pixelmate Design.
Whilst any payment due under the agreement remains outstanding, Pixelmate Design shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement.
All payments by cheque, bankers draft or money order must be made in pounds sterling.
All credit card and debit card transactions will be processed in pounds sterling.
All Payment is expected within 5 days of the date on the invoice. Any payment returned by the bank or credit card company will incur a £50.00 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.
All deposits are non refundable.
If at any point during the Website Development or Printing Cycle a client wishes to cancel, they may do so but will be invoiced an amount that Pixelmate Design judges to be proportional to the amount of work completed on the commission.
Pixelmate Design reserves the right to alter prices at any time without notice. If a client has commissioned any services from Pixelmate Design prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
At Pixelmate Design we strive to produce the highest quality work, however we are fully aware that mistake do happen, this is why all artwork goes through an approval process. Once the client has given final approval Pixelmate Design holds no responsibility over any mistakes. however if the product is unsatisfactory to the client once produced then Pixelmate Design will strive to correct the product at their discretion however all work must be paid for on completion regardless of any dispute that may arise between The Company and the Client.
All Domain Names registered by Pixelmate Design remain the property of Pixelmate Design unless ownership is requested prior to registration by the client commissioning the work. Pixelmate Design shall accept no responsibility for the loss of domain name(s) due to the customers failure to respond to our notification of renewal or failure to pay invoices for renewal.
Pixelmate Design reserves the right to withhold or prevent the release of domain name(s) should the client default on their account. All services remain under the control of Pixelmate Design until the account is paid in full.
Pixelmate Design will impose a charge £65.00 to release a domain name to another IPS tag (Payable upfront before before any transfers can be made and all accounts must be settled in full prior to the transfer).
Data Backup The customer is responsible for undertaking any data back up programs, database, web files or other digital material.
At Pixelmate Design we strive to produce the highest quality print work, however if the product is unsatisfactory to the client once produced then Pixelmate Design will strive to correct the product at their discretion however all print work must be paid for on completion regardless of any dispute that may arise between The Company and the Client.
Printing COLOUR ERRORS: Every effort is made to match colours on proofs supplied to the client with the final printed material, however due to the different types of printing process i.e. Digital/Litho we accept no responsibility in colour difference in the final product and class proofs as a guideline only. Colour corrections will be corrected on any reprints in the future for FREE of charge.
Pixelmate Design Retains the rights to use any of its clients names and/or logos in its own promotional material. This may be without the consent of the client.
All websites incur an annual hosting and domain renewal charge available upon request at time of renewal.
Under no circumstances shall The Company be liable to the Client for an indirect or consequential loss suffered by the Client relying on the information included in the works prepared by The Company including (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the work only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
All images used by Pixelmate Design are not always licensed to the company it is the individual clients legal requirement to ensure that all images used in any of Pixelmate Design’s work has the appropriate license/ licenses. The company will not be responsible for any images used on any website or printed material once used, and all responsibility lies with the individual client.
Unpaid invoices will bring about automatic suspension of any other service and/or hosting, 20 days after invoice date. Should your hosting be suspended a reconnection fee of £50.00 will be charged for each reconnection of any hosting solution requested by you. The Company cannot be held liable for any loss of business resulting from the termination of any hosting accounts.
The Company cannot be held liable for any potential future loss of business resulting from the termination of any hosting accounts.
The Company cannot be held liable for any loss of business resulting from the termination of any Web Design services.
The client will be asked to provided artwork sign off before being issued with an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.
Payments may be made by Bacs, cheque, or previously agreed electronic funds transfer.
Returned cheques will incur an additional fee of £50 per returned cheque. Pixelmate Design reserves the right to consider an account to be in default in the event of a returned cheque.
If any website or design project is deemed stuck and Pixelmate Design Ltd are waiting more than 2 weeks for any information or feedback that delays the launch of the project then we reserve the right to cancel the project and invoice for the work in full. We work to a very tight schedule to ensure that all of our clients projects get completed on time and to meet their deadlines and if we are delayed due to no fault of our own the it is only fair that we cancel the project that is causing the delay and invoice for the full amount.
Pixelmate Design will supply FTP. Access upon request however in doing so this will void any warranty/support for the website in the future and any changes to coding resulting in error will be charged for accordingly to resolve. A disclaimer will also be requested agreeing to any charges that may occur due to files being changed outside of the company. FTP Access will also only be given if there are no outstanding accounts or invoices owed to Pixelmate Design. If FTP access is requested due to wishing to leave Pixelmate Design then a charge would be requested for its release, please see point 6 below.
Pixelmate Design will transfer any website which it has produced and developed to another provider upon request, there is a charge of £110.00+vat for this service which covers the time spent on packaging the website up and extracting any associated databases linked to it, this also includes all of the original copyright from Pixelmate Design back to the client.Website can only be transferred if there are no outstanding accounts or invoices owed to Pixelmate Design.
All design is copyrighted to Pixelmate Design Ltd. Any websites that are transferred away from us and still wish to use the original site files must not remove the credit tag at the bottom of the website. i.e. Designed by Pixelmate Design with a link back to our website. If this or the link is removed we will class that as a breech of copyright.
Pixelmate Design will transfer any domains it holds for a client to another provider upon request, there may be a small admin charge to cover the time spent on transferring the domains and domains can only be transferred if there are no outstanding accounts or invoices owed to Pixelmate Design. There may also be additional charges that may have to be paid such as Nominet charges but we will inform you of these prior to the transfer if applicable.
All Pixelmate Design’s SEO work contains its own separate terms and conditions these are available by request and are subject to change.
We reserve the right to refuse to construct a website or produce any design or print work which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
Any web page, print work, design or any other product designed by Pixelmate Design carries a copyright, and cannot be reproduced without written consent. The placing of an order by the client or other person/Agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the artwork. The Advertiser/customer must indemnify Pixelmate Design in respect of all actions; proceedings; costs demands and claims arising from any such breach.
By supplying text, images and other data to Pixelmate Design for inclusion in the customer’s brochure or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Pixelmate Design on behalf of the customer, will remain the property of Pixelmate Design and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment.
By supplying images, text, or any other data to Pixelmate Design, the customer grants Pixelmate Design permission to use this material freely in the pursuit of the design and to utilise the designs in Pixelmate Design’s portfolio unless agreed otherwise.
Should Pixelmate Design, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Pixelmate Design to remove and/or replace the file.
The customer agrees to fully indemnify and hold Pixelmate Design free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.