Terms & ConditionsEffective May 1st, 2017
Acceptance of quotation and payment of deposit will be taken as acceptance of the following terms and conditions. Please ensure you have read and fully understand what is written below. Please contact us, Pixify, if anything is not clear to you.
1. Acceptance of Terms & Conditions and AmendmentsTerms of Website Use
1.1 Each time you use or cause access to this website, you agree to be bound by these Terms & Conditions, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms & Conditions.
2. Our Services & CostsProject Cost, Quotations & Time Periods
2.1 All costs provided exclude tax where applicable and are valid for fourteen (14) days from the date of the quotation. The costs provided when quoting are guide prices based upon what we anticipate the creative, time and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate from those quoted unless requirements change significantly.
3. Website Design & DevelopmentYour Contract between You & Pixify
3.1 No creative or development work will commence until the company has received written approval of the quotation (by hand or by email) and a minimum deposit of 35% of the agreed costs (unless otherwise agreed in writing or dependent on the product). This ensures that the company is fully equipped to provide the very highest levels of service and expertise, from project inception through to completion. This also applies if a project is delivered in ‘stages’, whereby a deposit will be required before proceeding to each new stage.
3.2 The client is entitled to receiving up to a select number drafts (or ‘revisions’) of the project before receiving the final outcome. The client is responsible for alerting the company in writing to any changes they wish for us to make before finalising the project and marking as ‘complete’.
3.3 The client is required to sign a "AGREEMENT FOR PRODUCTION OF A WEBSITE" contract before making a deposit and our team starting work. This is to ensure the client hereby authorises the company to access their account and authorises the web hosting service to provide the company with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorises the company to publicise the completed website to Web search engines, as well as other Web directories, indexes and to promote Pixify with a link back located on a visible but unobtrusive section of the website, unless otherwise paid to remove.
4. Project ObligationsPayments for the Project
4.1 Unless otherwise agreed in writing, the balance of payment will be due in full on project completion (ie. on delivery of designs or files, publishing of website, sending of e-shot, etc.): failure to make final payment at this point may result in delays in project delivery. If a quotation has been provided where a job will be approached in ‘stages’, each stage will need to be paid in full on completion of each stage, before the company is able to progress to the next stage.
4.2.1 Where a job has been quoted in two halves (initial 50% deposit and final 50% balance) the balance of payment may be charged in full either on completion of the project or over a number of further staged payments at the discretion of the company.
4.2.2 Where a job has be approached in a deposit plus monthly payments, a direct-debit will be set-up in order to collect payments until the project is paid in full. The company allows up to 12 months (‘Subscription Term’) of direct-debit payments with a fixed APR of 17.95% added to the total invoice. Failure to uphold payments may result in services being stopped and/or taken down as a result of. After 14 (fourteen) days past the monthly pay date and a payment hasn't yet cleared, your website and/or services may stop or become offline from immediate effect. The ‘Subscription Amount’ will remain fixed during the Subscription Term unless you (i) subscribe to additional features or products, including additional services or base packages, (ii) you notify us in writing to increase or decrease your Subscription Term.
Intellectual Property & Commissioned Work
4.3 Until payment is received in full, all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of Pixify. Full copyright and ownership of all ‘commissioned’ work will reside with us until full payment has been received, at which point the company will surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgement appearing and the agency’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online.
Use of Account Credits
4.4 If the client has received the final work and they wish to make additional changes, they may do so by purchasing an ‘Account Credits’ package through the client's Pixify Account. Credits are, in essence, ‘Revisions’ that are charged on a ‘per-use’ basis.
Project Time Allocation
4.5 Website & Graphic Designs include a standard collated per hour charge for the team working on the project. Every project will need an appropriate team allocation depending on its requirements and demand on resources. This is automatically included during the initial quoting stages or as-is on the design packages on our website. Once a member of the team exceeds the standard allocated time in a project, a set rate will be invoiced to the client for continued work of that team member. Please view our Rates for more information.
4.6 Hosting is provided by our partner DreamHost. All websites that are hosted under our service must comply with Pixify's Acceptable Use Policy and DreamHost's Acceptable Use Policy as seen and found on their website.
Web Hosting Renewal
4.7 For all web related projects, failure to renew the website hosting after 7 days will incur a 10% late service charge. If the client, unless specifically stated, has still not renewed the website within 28 days after the service charge has been applied, the client will automatically be placed into Involuntary Service Cancellation. If circumstances have developed to this point and the client wishes to reactivate the website, a reactivation fee of £50.00 will be payable upon request as well as other remaining invoices plus applicable fees. In the event of the client not paying the reactivation charge, the company has the right to withdraw the client's website completely. Recovery for this may be invoiced at £250.00 per website plus any additional outstanding invoices.
5. End-artwork and Project FilesDistribution & Delivery
5.1 If requested, the company will (at its discretion) provide the client with end-artwork in its final form (e.g. print-ready PDF; DVD master; outlined EPS file, etc.). However the company does not by default (and possibly without further charge) provide clients with original artwork or HTML code (for example an InDesign file, layered Photoshop file or HTML source file) or any working or development files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with Pixify for non-exclusive future use.
5.2 For all website design & developments as well as graphic designs, unless specifically stated, the client will retain 100% ownership of the final design (or outcome) only (ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code or flash files/animations).
6. Billing and Payment InformationPrepayment
6.1 It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Autorenewal 6.2 Unless otherwise provided, you agree that until and unless you notify Pixify of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
6.3 Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Pixify's invoice as a separate charge to be paid by you. Value-added Tax and Handle Charges are the only fees that are labelled as tax. All fees are non-refundable when paid unless otherwise stated.
6.4 All invoices must be paid within fourteen (14) days of the invoice due date. Any invoice that is outstanding for more than fourteen (14) days may result in the a delay of project delivery or a late charge. On very rare scenarios, a suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Pixify may suspend or terminate your account and pursue the collection costs incurred by Pixify, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. Pixify will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
6.5 Domain renewal notices are provided as a courtesy reminder and Pixify is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed two weeks (14) days before the renew date.
6.6 It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Pixify may report any such misuse or fraudulent use, as determined in Pixify's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
6.7 You have ninety (90) days to dispute any charge or payment processed by Pixify. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
Payment Card Industry Security Standard Disclaimer
6.8 Pixify complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Pixify does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
6.9.1 Website Design: We are so confident that you will be delighted with your website that we are happy to refund in full your basic payment, providing we receive your request in writing (via email or post), within 7 days of the order being placed and payment received. If the client halts work and applies by registered letter for a refund within 14 days, to Pixify after initial deposit, work completed shall be billed at half of the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond 35% completion, no portion of this initial payment will be refunded.
6.9.2 Graphic Design: We offer a 100% money-back guarantee on all of our packages within 14 days of payment except where the final concept has been processed and sent to the client. If you're unhappy with the concepts, we're more than happy to re-open the project to ensure you get a good result and help you pick a winning design. Remember, if you request for a refund, you aren't legally entitled to use any of the logo concepts that have been submitted to you.
Value Added Tax (VAT)
6.10 All prices are quoted on the website are exclusive of VAT at the prevailing rate. Prior to completing your order, you will be presented with the total cost of the services excluding VAT. A VAT invoice will be emailed to your billing email address upon order confirmation.
7. CopyrightTrademark Infringements
7.1 Pixify will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to the company. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with the ‘UK Intellectual Property Office’ if required.
8. Attribution & AcknowledgementCrediting
8.1 Appropriate credit and acknowledgement for work produced by the company should be attributed to Pixify where possible (for instance written in small text on the back of a printed item or at the bottom of a website) and may be referenced for the agency’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client. If the client would like the accreditation removed, a payable amount of £195.00 (excluding VAT) will be invoiced separately. Upon payment receipt, we shall remove all credits with a hypertext from all visible sections of the web page(s) within 48 hours.
10. Your Conduct.Professional Conduct
11.1 You agree that our website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission. You explicitly agree, in using this website or any service provided, that you shall not:
i) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
ii) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
iii) collect or harvest any data about other users;
iv) provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
v) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets;
vi) use the material for commercial purposes, or collect material without giving appropriate credit to the Company and/or Website.
11. Third Party Services.Connections
11.1 Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
12.1 You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your violation of this Terms & Conditions or any other violation of the rights of another person or party.
13. DISCLAIMER OF WARRANTIES.USE OF WEBSITE & SERVICES
13.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
14. LIMITATION OF LIABILITY.CURTAILMENT
14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF
(I) THE USE OF OR THE INABILITY TO USE THE SERVICE,
(II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE,
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS,
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR
(V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
15. Reservation of Rights.Company Rights
15.1 We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.
16. Notification of Copyright Infringement.Infringements
16.1 If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address: Click to contact our webmaster.
17. Applicable Law.Governing Laws (England & Wales)
17.1 You agree that this Terms & Conditions and any dispute arising out of your use of this website or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this website is located, without regard to its conflict of law provisions. By registering or using this website and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this website is located.
18. Miscellaneous Information.Further Obligations
18.1 (I) In the event that this Terms & Conditions conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms & Conditions will remain valid and intact;
(I) The failure of either party to assert any right under this Terms & Conditions shall not be considered a waiver of any that party's right and that right will remain in full force and effect;
(III) You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
(IV) We may assign our rights and obligations under this Terms & Conditions and we shall be relieved of any further obligation.
19. ConsentFormal Acknowledgement
19.1 By continuing to browse or otherwise accessing the website, you signal acceptance of the terms and disclaimer set out above.
If you do not accept any of these terms, leave this Website now. (I) If you fail to accept our Terms & Conditions and in any way denounce our services, website or allocated people and companies, you are applicable of facing formal accusation against, as to the police or in a court. We have a strict user tolerance with our rules.
(II) You are hereby placed on notice that any copying, publication or any other form of dissemination of this company or its contents is strictly prohibited without legal consent with the company.