Client. Means any customer be they a person, or a business placing an order with Pixelface.
Contract. Means the document provided by us to you detailing the particulars of the order, either by or through a combination of hard copy, faxed copy, or email.
Project. Means the Construction of a website/design work with or without the use of Pixelface for Domain name and Hosting Services.
1.1 - Quotes given expire 30 days after the issue date on the quote.
1.2 - A payment of 50% of total invoice is to be paid before work is commenced. If in any case the client wishes to terminate the contract before its completion the 50% fee of full invoice will be retained by Pixelface to cover work undertaken.
1.3 - The project must be completed within 3 months of the signature date on the contract, it cannot be postponed or delayed unless otherwise agreed.
1.4 - If the project runs over 3 months due to the clients fault, the contract will be re-assessed and the client will be quoted appropriately. Figure 1.2 still applies. Any payment made before the re-assessment will be deducted from the final value.
1.5 - Print quotes are independent of design quotes, a design contract does not bind you to print. If you choose to print through Pixelface the payment for printing must be received in full before the printing commences.
1.6 - If any significant changes need to be made to the contract after signing Pixelface is entitled to make any changes deemed fit to the quoted price. If an agreement cannot be arranged figure 1.2 still applies.
1.7 - If any major rework or ammendments are required after Wireframe or Concept Sign off our current hourly rate will be charged for there completion.
2.1 - The client must pay within 10 days of invoice date.
2.2 - If any payment is not made on or before 10 days of the invoice date, Pixelface is entitled to charge a late payment fee of 10% of full invoice.
2.3 - The client is not permitted to make any deductions from the final amount for any reason, any deductions will be at the discretion of Pixelface.
2.4 - Domain names and web space must have been purchased either by the client or Pixelface before any web based work is carried out. Where this is purchased by Pixelface this must be paid for prior to work commencing.
2.5 - In the case of print based work, if you wish to carry out the printing through Pixelface, payment must be taken in full before the printing commences.
2.6 - We will exercise our statutory right to claim compensation for debt recovery costs under the Late Payment legislation if we are not paid according to our agreed credit terms.
2.7 - Until payment is received in full, all concepts and artwork both digital and printed are the full legal intellectual property of Pixelface.
3.1 - The client is liable for any copyright breaches on any content provided by the client to Pixelface.
3.2 - All content that is a creation of Pixelface is property of Pixelface, subsequently Pixelface retains the right to publish such designs as there own.
3.3 - Any design work that is subsequently used after termination of the contract is a breach of copyright, for which the client will be held liable.
3.4 - The client is not permitted to resell or make profit from selling design work (including website files) created by Pixelface. (If you wish to resell work, please ask for a "Resellers Contract" please note, this will effect the quote.)
3.5 - Pixelface retains no rights to any concepts or content provided by the client, subsequently Pixelface does not retain the right to re-create, resell or distribute any business concepts, text content or images provided by the client.
4.1 - Pixelface cannot be held responsible for delayed delivery on any work that is due to client fault, for instance: Delay in signing off proofs, delay in providing any content that has been specified as a requirement or any change in the content that has already been provided. Pixelface also cannot be held responsible for any delays that are not solely the fault of Pixelface, this includes printing delays.
4.2 - After signing a contract if the client needs to shorten or specify a deadline it is not guaranteed that Pixelface will be able to meet the requirements.
4.3 - If the client wishes to shorten or specify a deadline Pixelface is entitled to make any amendments deemed necessary to the quote provided.
4.4 - In the unlikely case that Pixelface fails to meet the agreed deadline the client has the option to cancel the contract, paying only for work completed up to that point in time with no extra fee. If the client still wishes to use the work, the contract must stand and the client must pay the full amount quoted on completion of the work.
4.5 - Deadlines agreed between Pixelface and the client are NOT inclusive of time taken for printing, the deadline agreed in this contract is for design only. The client must bear this in mind when setting the deadline.
5.1 - Pixelface shall not be held liable for failing to perform to the contract for any reason that is not solely the fault of Pixelface.
5.2 - Pixelface shall not be held liable in any case for any damages, loss of anticipated profits, loss of revenue, contracts or any other inconsequential damages that arise from any cause associated with Pixelface or the property of Pixelface, this includes design work.
5.3 - All property supplied to Pixelface by the client or on behalf of the client shall remain at the clients risk, unless otherwise agreed in writing, this includes; print delivery, data and equipment. The client should insure accordingly.
5.4 - Pixelface shall not be held liable for any leak of information or confidential material provided by the client, this includes, a leak or malpractice of any kind by a third party that Pixelface has outsourced work to, domain loss due to hacking or as a result of hacking by a third party, password leaking due to theft or any circumstance that is not solely the fault of Pixelface.
6.1 - Pixelface cannot be held responsible for any loss or damage during transit of client property (5.3) or print deliverables, if payment has passed or not. It is up to the client to insure accordingly.
6.2 - Web site delivery will take the form of the website going live. This will be executed upon receipt of payment in full. (A CD containing files for backup is available upon request.)
6.3 - Web site delivery were payment in full has not been received upon website going live. Our normal terms of payment apply which is payment in full on or before 10 days of invoice date. Pixelface retains the right to suspend hosting services or remove the website until payment in full is received.