Terms Of Services
The following terms and conditions apply to all services, including design, development, and marketing services provided by Pixelap to the Client, in conjunction with any relevant quotation provided to the Client by Pixelap (Terms), unless otherwise agreed in writing. Acceptance of a quote, purchase, and/or use of the Services shall be considered acceptance of the Terms.
At the time of the proposal, Pixelap will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the pixelap website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to pixelap.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, Pixelap Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
We are sure you understand how important it is as a business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the payment schedule outlined in any proposals we send or written agreements that we reach (without any deductions, set-off, or counterclaim).
If Pixelap and the client agree on a fixed quote regarding any services then they are liable to pay 50% of the billable amount in advance, prior to the commencement of the work. The remaining 50% of the payment will have to be made before the final project deliverables are completed.
We reserve the right to change our rate or service charges.
Payment terms are strictly 7 days following the invoice.
Pixelap shall invoice the clients monthly, in advance.
Also, if the clients do not pay a monthly invoice when it is due, Pixelap shall terminate the services immediately. In this case, we will not be liable to issue 7 days prior notice.
Where a client is a company and whether or not that company has gone into liquidation, the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
Content and Materials Supplied by You
If you want to use your content on the project, You must supply to us all content & images, and all other content and materials we reasonably request (Client Content). You must supply all Client Content at or before the commencement of the Project.
You must supply all Client Content in the following digital formats:
Text/Tables/Copy: Microsoft Word or Microsoft Excel (in correct order)
Images: High resolution (300dpi TIFF or JPEG files)
Logos: Vector format (Illustrator EPS/AI)
Diagrams/Maps: Vector format (Illustrator EPS/AI). We may charge Additional Costs if the Client Content is not provided in the appropriate format set out in this clause.
You warrant that the materials or content you provide to us, or that are provided to us on your behalf, will not:
Breach any rights (including Intellectual Property Rights or Moral Rights) of any third party; or Compromise the security or operation of our computer systems, through a virus or otherwise.
You indemnify and agree to keep Pixelap, its directors, officers and employees indemnified, against all loss arising out of the breach of any rights (including Intellectual Property Rights and Moral Rights) of any third party in connection with materials or content that you supply to us, or that are supplied to us on your behalf.
Purchase of Images
The Fees do not include any searches or purchases of photo images, audio or video.
You can purchase images directly, or we can purchase photo images, audio or video on your behalf. We may charge Additional Costs in respect of such purchases. We will attempt to advise you of the expected Additional Costs before purchasing the photo images, audio or video.
Scheduling and Production
If we consider it to be necessary, we will develop production schedules for the Project in consultation with you. We will use reasonable commercial endeavors to carry out the Project in accordance with those production schedules.
If you delay in providing Client Content or in providing feedback we request, then this may result in:
The delivery deadline changing; or
If the delivery deadline cannot be moved, extra costs being incurred, including necessary overtime costs. We will charge these extra costs as Additional Costs.
Corrections and Alterations
If you request further alterations, or the addition of new information after the final deliverables, the additional work will be charged as Additional Costs at our then current Professional Rates.
Do not include a change to the Specifications. If there are any changes to the Specifications after the Project has commenced, the additional work will be charged as Additional Costs at our then current Professional Rates.
Where possible, we will attempt to provide you with an estimate of Additional Costs prior to undertaking the additional work. However in some cases due to deadline constraints, this will not be possible and we may proceed with the work without providing an estimate.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Pixelap will not be liable for any indirect or consequential losses due to delay in obligated service deliverables, where the delay is because of natural or ungovernable causes.
Due to the nature of digital media, any content/information given by the clients to Pixelap for publication will be accessible by the public as soon as the publication is carried out. Pixelap will not be responsible for screening the material and any damages or losses of profit, goodwill or any business asset due to the nature of the content being publicized.
Each party agrees to keep confidential, and not to use or disclose except as permitted by these terms and conditions, any confidential information of the other party. The parties agree not to disclose these terms and conditions (including any schedules), or any details of a Purchase Order or Quote. This obligation of confidence extends to Confidential Information obtained by a party before entering into this agreement.
The obligation of confidence does not apply to Confidential Information to the extent that is required to be disclosed by law or the rules of any stock exchange on which the recipient’s securities are listed, provided that the recipient discloses the minimum amount of Confidential Information required to satisfy the law or rules.
The Party required to disclose the other Party’s Confidential Information must:
- Provide a reasonable amount of notice to the other Party of the proposed disclosure;
- Consult with the other Party as to the form of the disclosure;
- Take all reasonable steps to maintain such Confidential Information in confidence.
Each party must take all steps and do all such things as may be necessary, prudent, or desirable in order to safeguard the confidentiality of the Confidential Information of the other party.
By making the initial payment you are agreeing to the above terms.
Pixelap will provide the Client with an opportunity to review the appearance and content of the design phase and once the overall project is completed.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable at the time of estimate or quotation acceptance.
Variation to Terms and Conditions
These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the Website.