| TERMS AND CONDITIONS: These terms and conditions are applicable to all Web Development, Design and printing projects undertaken by Pixxel Precision. By accepting the following terms and conditions, your statutory rights are not affected in any ways/means. |
| DEFINITIONS
Project: |
| 1. TERMS OF USE The information and other services provided by the agency hereby are subject to the terms of agreement between client and Pixxel Precision may at any time and at our sole discretion, alter these Terms and Conditions of Use, including our Privacy Policy, with or without notice to the User/clients. It is clients or other party responsibility to check these Terms of use periodically for changes. Therefore, continued use of our Services and this Site following any such modification constitutes your acceptance of these altered Terms. |
| 2. | THE COMPANY AGREES TO |
| 2.0 | Carry out services in a professional, ethical and timely manner. |
| 2.1 | Make every effort to adhere to any deadlines agreed between client and the agency (Pixxel Precision). |
| 2.2 | Make a reasonable number of revisions/tweaking to the design, layout, colours etc., until the client is satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 2 major revisions. |
| 2.3 | Additional revisions or design work outside the scope of the project will be charged separately. |
| 2.4 | Endeavour to complete requested website revisions or updates within 48 hours, wherever possible otherwise stated in communication. |
| 2.5 | Maintain up to date skills and knowledge through regular training and research. |
| 2.6 | Contact you before the end of the first 12 months period, to discuss the various options open to you for continuing with website maintenance and hosting with Pixxel Precision. |
| 3. | TERMS AND CONDITIONS IN GENERAL |
| 3.0 | Pixxel Precision shall never start any website project without receiving the necessary contact details of the client (Name, Address and Telephone Number). In order to switch the website live, it’s mandatory that the address proof needs to be provided. |
| 3.1 | We will commence the work of your website only when the client agrees to the terms and conditions stated in our website. |
| 3.2 | Pixxel Precision will carry out work only when both the parties (the client and the company) come to a verbal or written agreement. A written agreement is signed by both Client and the Agency. |
| 3.3 | Pixxel Precision will carry out work only for Clients who are 18 years or above. |
| 3.4 | Quotations submitted by Pixxel Precision shall remain open for acceptance by the Client for a period of 30 days from the date of Quotation (unless some other period is specified in the Quotation) or until when the company withdraws the Quotation. |
| 3.5 | The minimum period for any ongoing website services purchased will be 12 months. |
| 3.6 | The Client shall, at the time of submission of an order to Pixxel Precision, shall pay a non-refundable deposit (50% of the total project value) for the services specified on the Order/Invoice. |
| 3.7 | Any project undertaken by Pixxel Precision shall be finished in a specified time line; However, any delay without any solid reason would incur project cost. Similarly, any invoice raised has the validated of 6 months after the lapse of 6 months the invoice will be considered invalid and any initial payment will not be refunded. However, if client pays the full invoice amount then Pixxel Precision can consider as to situation. |
| 4. | WEBSITE DESIGN POLICIES ON CONTENT AND IMAGES |
| 4.0 | Pixxel Precision will ensure that the website, any scripts or programs in it are free of errors. Pixxel Precision cannot take up responsibility for any losses incurred due to malfunction within the website or any part of it. |
| 4.1 | The website, graphics and any programming code remain the property of Pixxel Precision until all outstanding accounts are paid in full. |
| 4.2 | Any scripts including PHP scripts, dot net scripts, graphics, web program, web applications or software (unless specifically agreed) written by Pixxel Precision remain the copyright of the company and may only be commercially reproduced or resold with the permission of Pixxel Precision. |
| 4.3 | Pixxel Precision cannot take responsibility for any copyright infringements caused by materials submitted by the Client towards the project and once the website is on live mode. |
| 4.4 | We reserve the right to refuse any material of a copyrighted nature unless adequate proof of permission is given to use such material. |
| 4.5 | The Client agrees and guarantees that all texts, graphics or other artwork furnished to Pixxel Pixxel for the web design project are owned by the Client, or that the Client has permissions to use from the rightful owner. |
| 4.6 | The Client agrees to protect and defend Pixxel Precision and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. |
| 4.7 | Pixxel Precision will add pictures or images to the website from its own image database or sources. If these images are not acceptable to client, then they need to provide their own images or Pixxel Precision will provide platform to attain images on an addition cost. |
| 4.8 | Pixxel Precision will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. |
| 5 | THIRD PARTY SERVICES |
| 5.0 | Pixxel Precision will not be liable or become involved in any disputes between the site owner and their Clients and cannot be held responsible for any wrong doing by the site owner. E.g. any disputes regarding content/images that have been provided to us for inclusion on the site. |
| 5.1 | Pixxel Precison will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Client or through any appointed agents. |
| 5.2 | Pixxel Precision will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents. |
| 5.3 | The Client has to supply a brief description, navigation requirements about their web project and also has to supply texts, contents, images, payment gateway details, any third-party software and applications to be integrated in the website. |
| 5.4 | Any fees or charges for third party software, applications and stores like eBay, Amazon, should be paid by the Client. Any third party advertisement campaigns like Google adwords, Bing, yahoo etc. should be paid by the Client. |
| 5.5 | Pixxel Precision provide integration with any third party software (ex: Google API, Payment Gateways etc.) upon the interest or as requested by the client for an additional cost. |
| 6 | SOFTWARE APPLICATION AND DEVELOPMENT |
| 6.0 | Pixxel Precision cannot take responsibility for any losses incurred by the use of any software created for the Client. Whilst maximum care is taken to ensure products are problem free and accurate, the ultimate responsibility lies with the Client in ensuring that all software is functioning correctly before the use. |
| 6.1 | When applications or sites developed on servers not recommended by Pixxel Precision, the Client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are required to develop, it is the responsibility of the client to provide a suitable testing environment for the final product. |
| 6.2 | The Client is expected to fully test any application or program on the site developed by Pixxel Precision before it is made live and open to the public. |
| 6.3 | If “bugs”, errors or other issues are found after the site is made live, Pixxel Precision will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief. |
| 7. | SOURCE CODE |
| 7.0 | You can buy the complete source code for an extra 30% of the total quote for the web development or software development project. |
| 7.1 | Once all the website/software development works has been completed, we will provide a downloadable link to completely download the files. |
| 7.2 | We are using PHP language to build your custom-made development. A programmer who knows the PHP language can edit the program and can make changes to the code. |
| 8. | BACKUPS AND FILES |
| 8.0 | Pixxel Precision is not responsible to take backups or save any files of the website. The Client has to do necessary arrangements for the same. If the client requests for backups, we can provide it for a nominal fee which is fixed then. |
| 9. | POST PROJECT ALTERATIONS |
| 9.0 | Once the website is made live, any additions or corrections required by the Client will be carried out at the discretion of Pixxel Precision. The client will have to pay an additional charge for any such extra corrections done on the website. |
| 10. | COPYRIGHT |
| 10.0 | All the files created towards website project shall remain the intellectual property of Pixxel Precision upon completion of a web design project |
| 10.1 | Pixxel Precision shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivatives works, and distribute any item from the Clients web pages unless specifically agreed to do otherwise. |
| 10.2 | Pixxel Precision shall be free to use any ideas, concepts or techniques acquired in the construction of websites for any purpose including but not limited to developing, manufacturing and marketing of products or other items. |
| 11. | WEBSITE HOSTING |
| 11.0 | Whilst Pixxel Precision offers hosting services, no guarantees can be made to the availability or interruption of this service. |
| 11.1 | Pixxel Precision cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or loss of turnover, sales, revenue, and profits in any ways. |
| 12. | HOSTING RENEWAL |
| 12.0 | When a Client renews “hosting” with Pixxel Precision, this also includes Domain renewal if the renewal is needed to keep the site functioning. |
| 12.1 | If the Client do not renew the Domain, the Domain name will be made available to the public for purchase and Pixxel Precision cannot be held liable for this. |
| 12.2 | Renewal of “hosting” is due on a yearly basis. The date of renewal will be annually from the date the website was purchased by the Client. |
| 12.3 | The “hosting” will not be renewed if Pixxel Precision cannot contact the customer or if the customer doesn’t request to renew. |
| 13. | HOSTING RENEWAL CHARGES |
| 13.0
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The hosting renewal charge must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired, and the Client has not paid the renewal charge. An admin fee is set for re-activating the website/ hosting. |
| 13.1 | You will be provided 1 e-mail free of charge during the first year of hosting. You will be charged £5 each for every extra e-mail you create during this period, and you will be charged for all the e-mails from second year onwards. |
| 13.2 | Pixxel Precision reserve the right to refuse to handle any material which may be deemed offensive, illegal or in any way controversial, and even terminate the free hosting service should the necessity arise. |
| 14. | SUPPORT ON THIRD PARTY SERVER |
| 14.0 | We will give the source code in a zip file. If the client wants us to set it up on a third-party server, then, we will charge you for setting it up and a 30% of the total quote for providing the source code. |
| 15. | HOSTING WITH 3RD PARTY SERVERS |
| 15.0 | If the client chooses their own server, we will send the full source code as above mentioned for an extra of 30% to the total quote. Pixxel Precision cannot provide support for technical issues if the client is on a third-party server. Moreover, if the client is not willing to share login details then it is the client responsibility to sort out his hosting issues/problems. Pixxel Precision is not liable to any damages, etc. |
| 16. | CUSTOMER OBLIGATIONS |
| 16.0 | The Client should agree to co-operate with and assist Pixxel Precision in the performance of the services requested; in accordance with this agreement and will provide the resources necessary for Pixxel Precision performance hereunder as specified in the work order. |
| 16.1 | The Client will make available to Pixxel Precision at least one qualified staff member who have the authority to act on behalf of the Client. |
| 16.2 | The staff will provide information and data concerning Client’s operations and activities, advise on requirements and provide access to facilities at all reasonable times during the performance of the services. |
| 17. | MAINTENANCE |
| 17.0 | Pixxel Precision provides a 1 year free website maintenance. During this time any technical issues will be resolved at no cost. After this period, any obligations under the contract will be considered as fulfilled and the contract concluded. |
| 17.1 | Any changes to the website following the testing stage and conclusion of the contract will be charged separately. |
| 17.2 | Pixxel Precision offers a hosting and maintenance package which will accommodate basic changes to the site (text and project photos) at any time. |
| 18. | SOFTWARE UPGRADES |
| 18.0 | Pixxel Precision take-up the responsibility to notify the client in the event of any major or minor software upgrades. |
| 18.1 | The company will ask the client to upgrade the software only if it demands urgent attention and affect the smooth functioning of the website. Any support done during the upgrade process will be charged extra. |
| 19. | COMPATIBILITY |
| 19.0 | Pixxel Precision will ensure that any developed/designed site or application will function correctly on the server when installed and viewed with any web browsers. |
| 20. | REGULAR WEBSITE TESTING |
| 20.0 | Pixxel Precision agrees to provide the client with regular website testing service for a period of three months after the website is live. Any testing – regular or partial, on the website after this period is to be managed by the client. |
| 20.1 | If the client wishes Pixxel Precision to continue the testing service, they should inform the company and it will be managed at an additional cost. |
| 21. | WEBSITE OPTIMIZATION (SEO) & SOCIAL MEDIA |
| 21.0 | Due to external factors, such as changes in the way search engines rank websites, we cannot offer any guarantee regarding the position your website would achieve. The process of optimising the website itself (on-site optimisation) will bring in more traffic and you will see increased visits to your site, naturally.
Any work done Social Media accounts for client based on written Understanding between client and agency and can be vary in nature and scope. |
| 21.1 | We cannot accept liability for the drop in your website’s ranking in the major search engines. Changes in algorithms of the search engines or the factors that they use to rank websites shall reflect on a website’s ranking at any time. |
| 21.2 | We always use ‘white hat techniques’ when optimising websites and aim to achieve the top ten rankings within six months after undertaking the project. But we cannot offer any guarantee regarding the position we would achieve within 6 months. |
| 21.3 | Due to the amount of work involved and people required, payment is generally required in advance. |
| 21.4
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We do not offer refunds for this type of works. Every fortnight, we send you a performance & analytics report to track our efforts and results. |
| 21.5 | We do basic Search Engine Optimisation (SEO) for all the sites we develop. But for keywords with heavy competition, this may not be enough to achieve desired rankings and, we may need to do advanced SEO. |
| 21.6 | Your site’s ranking will also be affected if any of your competitors are doing SEO for their sites. Even if we do advanced SEO, it will take about six months to get all the keywords to the top positions. |
| 21.7 | We have a dedicated SEO team with ample experience and we always keep ourselves updated with the latest trends in SEO. |
| 22. | DATA ENTRY |
| 22.0 | If you need data entry works on your website, Pixxel Precision can do the full data entry works (provided data and reference websites are provided by the client) into your new website with an extra cost. |
| 22.1 | Pixxel Precision will do the data entry works on CMS Websites only if it is mutually agreed between the client and the company. |
| 23. | INTELLECTUAL PROPERTY RIGHTS |
| 23.0 | You are solely responsible for obtaining any and all necessary intellectual property rights clearances. This will be in respect of your proposed domain name and merchant service agreements between you and the relevant banks in the operation of an Online Store. |
| 24. | INDEMNITY |
| 24.0 | You agree to indemnify and keep us indemnified against all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered as a result of any third party legal action or threatened action in relation to Intellectual Property Rights infringement. |
| 25. | PAYMENT OF ACCOUNTS |
| 25.0 | Pixxel Precision will not do any free content editing which is notified after 30 days a site is made live. The charges will dependent on the complexity of the work. |
| 25.1 | The Client shall make all payments due to Pixxel Precision by, cheque (supported by an appropriate cheque guarantee card) or by bank draft, in cash or through an electronic transfer direct to the company’s bank account. |
| 25.2 | If the Client fails to pay any amount due to Pixxel Precision under this Agreement on the relevant due date, a default interest rate, as specified by the Late Payment of Commercial Debts (Interest) Act 1998 shall be added (from the day after the due date until the date of receipt). |
| 25.3 | A deposit is required from any new Client before any work is being carried out. Any outstanding payments for the work carried out by Pixxel Precision or its affiliates are to be paid in full no later than 30 days from the date of the invoice, unless by prior arrangement with Pixxel Precision. |
| 25.4 | Once a deposit is paid and work completed, you are obliged to pay the balance payment in full. We will contact Clients via email or telephone to remind them of such payments, if they did not pay their dues. |
| 25.5 | If accounts are not settled or client did not contact Pixxel Precision to inform regarding the delay, access to the client’s website may be denied and web pages will be removed. We will pass such cases to the Small Claims Court to pursue payment. |
| 25.6 | Following the consistent non-payment of an invoice, our Solicitors will contact the Client in question with a view of taking the matter further through legal procedures, and if necessary, through court summons. |
| 25.7 | Pixxel Precision will start work on a project only after receipt of 50% deposit of the quoted project fee from the Client or otherwise as agreed by Pixxel Precision. The final 50% payment is to be paid upon completion of the work. |
| 25.8 | We will not refund the deposit once the work started and after 14 days of the project. The website will be switched to Live Mode once Client pays the remaining balance in full. |
| 26. | YOUR PRIVACY |
| 26.0 | We do not share or sell any of your details with any third-party companies, without your expressed permission or knowledge. We will only email you or contact you about work-related matters. |
| 27. | COMPLAINTS PROCEDURE |
| 27.0 | Informal procedure: Anyone who experiences a problem with their web service should raise the matter using our online contact form, by giving sufficient information to locate the material (such as a URL) and clearly outlining the grounds for complaint. Pixxel Precision will approach the individual responsible for the material in question with a view of resolving the matter to the satisfaction of the complainant. |
| 27.1 | Formal complaints procedure: The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt informally. Or, where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Pixxel Precision, who will acknowledge the receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaints can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with minimum delay. |
| 28. | TERMINATION OF SERVICE |
| 28.0 | We may terminate this agreement if you fail to pay the amount due or with any outstanding payment dues. |
| 28.1 | We may terminate this agreement upon written notice if you breach any of these terms and conditions, and if you fail to correct the breach within seven (7) days following a written notice from us. The same applies, if you are a company that has gone into insolvent liquidation or a person declared bankrupt. |
| 28.2 | On termination of the agreement, we shall be entitled to immediately block your website and to remove all the data in it. We will hold such data for a period of seven (7) days and allow you to collect it at your expense; failing which will lead to delete all the data. We shall further be entitled to post such notice in respect of the non-availability of your website, as we think it is right. |
| 28.3 | We may terminate or suspend any website which is deemed to be causing a disruptive service to our Clients as a whole. |
| 28.4 | You may terminate your account with us, if we cannot resolve any technical issues or problems concerning our services within a reasonable amount of time. You will receive a refund for the remainder of the contract term. However, we will not provide a refund for any used services. |