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Copyright © 2011 Pixo Media
All rights reserved.
All content on this website including information, material and graphics, user interface design and lay outs are copyrighted property of Pixo-Media.com.
By ordering or using any of Pixo Media’s products or services including a Pixo Media Website the client is deemed to have accepted these Terms and Conditions whether or not the client has been provided with a copy.
In these Terms and Conditions “we, our, us, I, me, my refers to Pixo Media’s Web Design and Hosting. “You” and “Client” refers to the person or persons to whom service, design or development work is being rendered.
Rejection
Pixo Media reserves the right to withdraw any or all services from any client who infringes these regulations (as set out below) without notice and with immediate effect. In the event of suspending services, it is not my policy to offer a refund of any monies paid for services or any part thereof.
Limitation of liability
a) Pixo Media will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website.
b) In purchasing domain names on behalf of the client, Pixo Media is acting solely as the client’s agent and accepts no responsibility for legal issues the client encounters from the misuse of their domain. All domain renewal fees must be paid by the client after the first year of service. Pixo Media agrees to transfer any domain into clients name upon request, providing that all account, hosting and renewal fees are paid up to date.
c) The Client agrees that they are not using, nor intending to use, their website to conduct business illegally in any way or perform activities that violate their state , federal, local, or international laws. Pixo Media cannot be held liable for any legal issues the client encounters from use of their website. It is the responsibility of the Client to register their business in accordance with their local city or country tax laws.
a) Source Materials
Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork hosted on server or furnished to Pixo Media for inclusion in the Project are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Pixo Media from any liability (including legal fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by Client.
b) Design Ownership
Upon delivery and payment of project, client assumes ownership of all non-Pixo Media related code, graphics and design elements relating to website. However, client may not modify, reproduce, create derivative works from, distribute, transfer, reverse engineer or in any way exploit any of the design elements created by Pixo Media, in whole or in part, except as otherwise expressly permitted in written agreement between the Client and Pixo Media.
c) Definition of Copyright Holder
Upon delivery and payment of project, it is assumed that ownership and design copyrights transfer to the person or business for whom the website was designed. Pixo Media cannot honour any 3rd party involvement or ownership claims made by anyone other than the person whose business is being advertised or whose name or stage name was used in the original service request. Pixo Media does not allow or provide resale of her development services in any form. All contracted services and collaboration of work to be done must be made through the person for whom the website or project is being developed. Collaboration or involvement through a third party is prohibited unless expressly permitted and discussed prior to development.
d) Portfolio Display
Pixo Media reserves the right to showcase a screenshot of all client designs within an online portfolio as an example of work and creative style. Clients who wish their design not be showcased are required to pay a surcharge of £50/$75.
e) Design Credit Link
All websites designed by Pixo Media require a design credit link pointing to http://www.pixo-media.com in the footer area next to the copyright. It is prohibited to remove or modify this link unless expressly permitted by Pixo Media. Design credit removal is available for a surcharge of £100/$125.
Project Completion and Fees
Project Fees
All design, programming or freelance services require a non-refundable 50% deposit of the quoted fee before any work on a project is started. Full web design projects are required to submit this deposit to secure their project start date. The remaining balance of all service fees must be paid in full within 7 days of completion unless an instalment agreement has been made. Pixo Media reserves the right to change the listed rates for any project, packages or maintenance services. If prices change after the client has contracted Pixo Media for work – the original quoted price will be honoured unless additional functionality or content as been requested by the client.
Pixo Media and Client undertake to work together to complete the Project within the timescale defined prior to project commencement. Pixo Media will inform client on project progress and will always endeavour to meet the defined milestones. Client must supply all requested source materials and down-payment BEFORE or within three days of the scheduled website go-live date. Failure to provide source materials within 7 days of the scheduled start date will be sufficient grounds for Pixo Media to cancel the agreement and retain any down payment thus far as cancellation fees.
- Stage 1: Design
Creation of the website design concept and first draft. The first draft will be presented to client for approval as a mock-up (screenshot) or coded web page, whichever Pixo Media feels most sufficient for review. This stage typically requires two weeks or less.
Client Expectations:
Little or no Client involvement is needed during this stage, providing all initial photos and design requests have been received. - Stage 2: Modifications
The period of time after the initial design draft has been presented where modifications are made based on client feedback. The timeline of this stage depends on Client feedback and desired modifications, though is typically seven days or less.
Client Expectations:
Regular correspondence between Pixo Media and Client is necessary throughout this stage in order to modify and finalize all design elements. Clients who fall out of contact for more than five days (without prior notice) will have development of their project suspended and will be required to reschedule. Failure to contact Pixo Media or reschedule within 30 days will result in project cancellation and forfeiture of deposit. - Stage 3: Development
Coding the design concept into actual web pages and installing/configuring the content management system to publish page content. This stage typically takes 3-5 days.
Client Expectations:
Client is expected to submit their full site copy at this point if they wish Pixo Media to do the initial insertion. - Stage 4: Testing and Launch
Final updates, testing and public launch of website. All remaining balances due on project must be paid before public launch.
Client Expectations:
Final confirmation that all design, text and form elements are to the Client’s satisfaction. Payment of final project balance prior to public launch.
Project Fees on Extended Development
The standard fee quoted for a complete website includes the quoted billable hours of design and development time. Billable time is that which is spent actively working on the Client website. Time needed to research new technologies, coding methods or design resources for client website are NOT billed. If the Client chooses to use a 3rd party hosting provider, any extra time needed to configure for use with your hosting service is considered billable.
If a final design concept (Stage 1 above) cannot be agreed upon within 10 billable hours, the client has the option of terminating the project without being responsible for any remaining balances. Monies received for down payment will be applied towards previous development and will not be refunded.
Cancellations:
- Full Deposit Refund
If a project cancellation is received more than 7 days BEFORE our original scheduled start date, you will receive a full refund of your project deposit. - Partial Deposit Refund
If a project cancellation is received between 7 and 1 days BEFORE your original start date and no development has occurred on your project, you will be refunded 50% of your project deposit. The remaining portion covers revenue lost from having your project blocked off on my calendar. - No Deposit Refund
If a project cancellation is received on the DAY OF or PAST our original scheduled start date OR IF ANY WORK HAS BEEN DONE TO-DATE on the project, your deposit will be forfeited entirely to cover the lost revenue for those days blocked off on my calendar and/or any time put in to-date. Additionally, projects that are cancelled after they have already been rescheduled one or more times will be ineligible for a deposit refund.
If a project is delayed WITHOUT NOTICE more than 15 days of the original start date, project will be cancelled and forfeit the deposit entirely. Projects exceeding two extension requests (delays with notice) will be cancelled and forfeit their deposit entirely.
Project Extensions & Rescheduling:
If Client does not wish to cancel, but requires rescheduling or pausing development temporarily, a development extension for up to six months is available upon request with the following conditions:
- All extension or rescheduling requests must be made within 15 days of the original project start date to avoid project cancellation.
- Each project is allowed up to TWO extension or rescheduling requests.
- Project extensions that are not resumed or rescheduled within six months or projects past the two allowed extensions will be cancelled entirely with forfeiture of all fees paid.
- If a project is cancelled for any reason above or due to lack of communication and/or participation from Client, a surcharge of £100/$125 will be required to resume and finish development.
In the event of a dispute regarding the design of the website or issues of late payment, Pixo Media reserves the right to withhold or withdraw all web pages and image files until such dispute is resolved.
Ongoing Maintenance
Pixo Media performs client updates every Monday and Friday. It is the client’s responsibility to open a support ticket when requesting maintenance services.
Abuse through content
Pixo Media is only responsible for the technical development of the website and the client must provide all content materials. You agree that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person’s privacy, or otherwise in violation of ANY law.
Search Engine Ranking
Pixo Media puts every effort to optimize your web site for better ranking in Search Engines by utilizing appropriate title, meta and alt tags throughout the website source code. Websites are coded to standards and will validate XHTML Transitional. However, Pixo Media does not guarantee any ranking of your web site in any search engine and does not perform any marketing services aside from initial website submission to major search engines. The client is also responsible for any 3rd party marketing solutions.
Delivery of website
Uploading a website to your Hosting account, sending files through FTP, CD or any other media is considered as delivery of website after which the client is not eligible for a refund of any monies paid. By signing up with Pixo Media, the client agrees that they will clear any balance dues after the website has been delivered. If all fees are not paid within two weeks of delivery, Pixo Media may temporarily suspend the client’s account until all fees are paid. If fees have not been paid in over 30 days, Pixo Media has the right to assume ownership of all graphics, source code and materials until you are able to pay your balance in full (unless other arrangements have been made).
Upon delivery completed payment of website, Pixo Media agrees not to resell or redistribute client’s website to anyone else.
Charges
a) Pixo Media reserves the right to levy extra charges if additional unexpected time is expended on the creation of the site, or loading of the site onto the Internet, due to circumstances beyond my control or due to working with material created and/or provided by a third party. Commercial Third Party add-ons to your site must be paid by the client.
b) Optional domain name registration and hosting are included for the first year with Pixo Media standard design package. The client is responsible for paying any renewal fees for each year after.
c) Additional charges may apply if excessive bandwidth from client’s website puts a strain on Pixo Media servers.
Draft Website
During the course of development, Pixo Media will provide a first draft of proposed website to be approved by the Client and will modify it as needed based on client feedback. This first draft will be provided as a mock-up (screenshot) or coded web page. If a final design concept cannot be agreed upon within an agreed time, the client may cancel services without needing to pay remaining project fees. However, all deposit monies paid will be surrendered and applied towards previous development time. If this occurs, the Client will not be permitted to use any of the code, images, logos or design elements for the cancelled project that were created by Pixo Media.
Acceptance
Where Web site design or other Programming Services are supplied, the Client will notify Pixo Media of any errors or omissions for rectification within a period of 7 days from Delivery. After 7 days from Delivery, the Client is deemed to have accepted that the Delivery is provided to an acceptable level of quality and further changes which do not fall within the included six months of basic maintenance will be chargeable.
Commencement
Pixo Media cannot always guarantee to start work on web design projects immediately. If this is the case it will be discussed with the client before any work is started. All reasonable efforts will be made to work to client time scales.
Backups and Data loss
Your use of the Pixo Media hosting service is at your sole risk. Pixo Media is not responsible for files and data residing on your hosting account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
Instalments
If an instalment plan has been agreed upon for payment of services between Pixo Media and the Client, all materials created by Pixo Media, including information, material and graphics, user interface design and lay outs are the copyrighted property of Pixo-media.com until the Client’s balance has been paid in full.
Failure by the Client to make instalments as agreed upon may result in the client’s account being terminated, at which point all content materials and monies paid will be forfeited.
