TERMS AND CONDITIONS
By placing an order with Pixelar Web Design, you confirm that you are in agreement with and bound by the terms and conditions below.
Please read these terms and conditions carefully, Pixelar does not provide full or partial refunds for services ordered and cancelled or partial refunds on any purchases.
Definition of our terminology as used within this document:
1. A ‘Project’ is any work undertaken or service provided by Pixelar for a Client on their request and as described in our confirmation order or proposal or email to that Client.
2. A ‘Client’ is a person, persons, business or organisation using any of the services provided by Pixelar.
3. “Live” means the date the website is available on the Client’s chosen domain.
4. ’Domain’ is the website address as specified by the Client.
5. ’Hosting’ is a yearly cost to keep a clients website activated online.
6. ’Content’ is both text and images that the Client requires on the website.
7. ’Mb’ stands for megabytes and is a measure of storage space.
Pixelar Terms & Conditions
1. The contract between Pixelar and the Client will be based on the conditions as laid out on this webpage, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing by the Directors or authorized signatory of Pixelar
2. The works to be carried out shall be as set out in the Pixelar confirmation order email / proposal / work schedule.
3. Unless the scope of work / proposal / email specifically details how the function of a website page, form, or any script should work Pixelar will have full rights to present the solution and function. It is the sole responsibility of the Client to advise Pixelar if a website, webpage, application or any service provided by Pixelar to the Client should look or work. These details must be provided in writing and included in the Proposal or work scope document before the Client agrees the price and scope.
For any avoidance of doubt: point 3 means, All prices in any proposal / quotation/ are an estimate only based on your requirement as understood by ourselves. Final costs may vary depending on additional work you give to us when you later specify a new or revised specific function or change the design once your design has been completed and coding commenced.
Where possible, Pixelar will work with the Client to help them reach their design goal / functionality goal, however the additional cost of time and resources will be paid by the Client if required.
Pixelar has sole discretion to waive additional costs for work, tasks or skills, which were not been declared by the Client.
4. Email will be the method of contact with regard to all communication for the website design & development. It is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. Pixelar cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. Pixelar will acknowledge all emails normally within three (3) working days. Our telephone support line is for website support issues only.
5. If a customer’s conduct via telephone is considered unreasonable we will insist on email communication only. Pixelar reserve the right to cancel a contract should customer contact be in breach of our anti-harassment policy.
6. Pixelar will only commence work on a Project after receipt of a non refundable, deposit of the quoted Project fee from the Client. For smaller projects or services Pixelar may require a full upfront payment. The Client agrees to not withhold any payment from Pixelar at any time. If there is a final payment required, the website or service will only be switched to “Live” once the Clients remaining balance is paid in full and cleared.
7. When a deposit is required, the deposit paid to Pixelar covers the cost of design work carried out as well as any admin work and communication with Pixelar. The deposit is non refundable.
8. Pixelar reserves the right to terminate the project if: 21 days after down payment, the client did not send all the information or for reasons beyond Pixelar the project cannot be concluded.
9. All Website design and design services include a limited amount of design revisions offered by Pixelar to the client. Design changes beyond the point when a client has agreed a design are subject to additional charges. Likewise design changes requested are chargeable once the number of revision rounds according to the service have been used by the client. Full information is provided by email before your sign off is requested.
10. Pixelar shall expect all the information organized by section (text files and images) that the Client wants to include in the website, And the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business can operate legally. It is important that the website is not in any way illegal. Pixelar is not liable if there is a breach of Intellectual property or copyright.
11. It is important for the Client to keep in contact with Pixelar throughout the entire Project. If a Client does not make contact for two (2) weeks we will make up to five (5) attempts to contact the client by email using the email address specified when the client place their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded.
12. Where images used on the website have been purchased by Pixelar on behalf of the Client, these images are strictly for use on the website only – no rights are given for any other use such as large print. Pixelar are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
13. Pixelar will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, Pixelar will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
14. Pixelar cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a web or email service offered by Pixelar (these services are dependent partly on other suppliers, the clients ability to operate a website, use information and other factors beyond our control).
15. Where asked to provide search engine optimisation for a Client, Pixelar do not guarantee any specific placement or high ranking on search engines. This is because search engines update their listings frequently and are a third party. No organisation globally can guarantee a specific permanent listing other than the Search Engine themselves.
16. Pixelar do not take any responsibility for a clients website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a clients website, there could be a change in the websites search engine ranking.
17. Pixelar will provide the Client with an expected completion date for the Project (live on the internet) if requested. Pixelar will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Pixelar is purely an estimate. The projecte estimate is also highly connected to the ability of the Client to deliver information and made decisions to sign off stages or the whole project (by email).
18. Pixelar own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. In this situation the Client will have the right to use the Open Source Software subject to any terms and conditions by WordPress, Joomla or Drupal. Images will/may have been purchased by Pixelar for the Client, unless the images have been supplied by the Client.
19. All images displayed on the Client’s website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Pixelar, they will be the sole responsibility of the Client. This clause excludes images which are provided by Pixelar.
20. Domain names will/may be registered by Pixelar and also registered to the Pixelar current address. Although the domain names are registered to Pixelar, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Pixelar will do this within a reasonable timeframe. Where the domain is a .com domain Pixelar takes no liability for the registra effectiveness, speed, reliability to transfer the domain successfully.
21. A domain name will be registered by Pixelar on behalf of the client once we have received payment. Credit terms may be given subject to the order and Client.
22. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Pixelar can not be held liable for this. However, Pixelar will make reasonable effort to contact the Client regarding domain renewal.
23. When a Client renews Hosting with Pixelar, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Pixelar cannot be held liable for this.
24. Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was made live. The Hosting will not be renewed if Pixelar cannot contact the Client or the Client requests for Pixelar to not host this site. This will also affect the domain as per item 23.
25. The Hosting renewal fee must be received within 5 days of the Hosting expiry date. Pixelar reserves the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal fee. The annual renewal for webhosting services and Domain name must be made after a year and according to the characteristics and price of the chosen web hosting package.
26. There will be an administration fee set by Pixelar for reactivating the website/Hosting.
27. If the Client does not use Pixelar Hosting services, then the management and Hosting of the Domain name/website and all content are the full responsibility of the Client. In addition should a client have access via FTP (file transfer protocol) or CPanel then Pixelar cannot provide any warranty for code, performance, secure storage or any warranty for any client assets or property.
28. Should a Client wish to move Hosting away from Pixelar or transfer a Domain name away from Pixelar, an administration charge may be issued, which must be paid before the transfer takes place.
29. Pixelar has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client’s web sites constitute Pixelar endorsement, or approval of the website or the material contained within the website. Pixelar has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. Pixelar provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
30. Pixelar shall place a small text link (hyperlink) on the footer of a Clients website that states the website was designed by Pixelar and links to our company website. The text may vary from website to website.
31. Pixelar are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.
32. If a Domain name is purchased by the Client through a company other than Pixelar, the Client has full responsibility in making sure that the domain name is renewed when due. Pixelar will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Pixelar.
Terms and conditions may be updated without notice.
Last update Oct-2018