Terms and Conditions

Terms and Conditions

 

Pixelhaus Studios Ltd – the Company (us)

Client – the Customer

  1. Price Variation Estimates are based on current costs of production and, unless otherwise agreed, are subject to amendment on or after acceptance to meet any rise or fall of such costs.
  2. VAT Prices quoted do not include VAT. The right is reserved to charge the amount of any VAT payable, whether or not included on the estimate or invoice.
  3. Preliminary work All work carried out, whether experimentally or otherwise, at the customer’s request, shall be charged for.
  4. Copy A charge may be made to cover additional work where copy supplied is not clear and legible.
  5. Requests for archived Artwork/Images The release of archived artwork/data/images is at the Company’s discretion. For prior agreement by the Company to release archived data/digital artwork requested by the Customer, a charge may be made to cover time, media and delivery costs.
  6. Proofs Proofs, digital or flat, of all work may be submitted for the Customer’s approval and the Company shall incur no liability for any errors not corrected by the Customer in the proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra.
  7. Delivery and Payment Delivery of goods shall be accepted and payment become due upon notification that they are ready for delivery. Payment shall be made within the period specified on the invoice or delivery.
  8. Expedited delivery Should expedited delivery be agreed and necessitate overtime or other extra costs, an additional charge shall be made.
  9. Claims Claims arising from damage, delay or partial loss of goods in transit must be made to the Company (and carrier where applicable) within three days of receipt, and claims for non-delivery within 28 days of despatch. All other claims must be made to the Company within 10 days.
  10. Liability The company shall not be liable for indirect or consequential loss, or for any loss to the customer arising from third party claims caused by errors in carrying out the work, or delay.
  11. Working/Layered Files Working files created by the Company to produce final artwork remains the property of the Company. These include artwork files such as Photoshop PSDs, Fireworks PNGs and Flash FLAs.
  12. Quantity Every effort will be made to supply the printed quantity ordered, but estimates are conditional on margins of 5% for single colour work, and 10% for all other work being allowed for overs or shortage.
  13. Storage of Data & Digital Artwork The Company holds stored files of digital artwork/data for the Company’s use only. It is the responsibility of the Customer to ensure they have their final artwork/data backed up and secure at their own premises. The company does not take responsibility for loss or damage to completed/archived artwork files.
  14. Print work by a third party If the Customer requests artwork to be supplied for printing by a third party, commissioned by the Company, the Company takes no responsibility for errors or damage that may occur as a result.
  15. Customer’s property (a) Customer’s and other property supplied to the Company by, or on behalf of, the Customer will be held at the customer’s risk. (b) Every care will be taken to secure the best results from materials or equipment supplied by the Customer, but responsibility cannot be accepted for imperfect work caused by defects in, or unsuitability of, such materials or equipment. (c) Where the customer supplies materials, adequate quantities shall be supplied to cover spoilage.
  16. Default Account’s unpaid 30 days from the date of invoice will be considered in default. Any artwork or printed material will remain the property of the Company and not be used for it’s purpose. We will, at our discretion, remove website files from our web server and will not be held responsible for any loss of data incurred. Removal of such material does not relieve you of the obligation to pay any outstanding charges. Cheques returned by the bank as unpaid for any reason will attract a “returned cheque” charge of £25 and your account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay us reasonable expenses incurred by us in enforcing these Terms and Conditions, including but not limited to legal fees and costs for collection by third-party agencies.
  17. Copyright All material produced by Pixelhaus Studios is copyright to the company unless otherwise agreed.
  18. Ownership All goods and materials remain the property of Pixelhaus Studios until paid for in full
  19. Web Services

  20. Copyright Copyright to the finished web site and its underlying code produced by Pixelhaus Studios Ltd will be owned by Pixelhaus Studios Ltd. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners. Pixelhaus Studios Ltd and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to Pixelhaus Studios unless specifically declined.
  21. Software and third party products

  22. We are not liable for financial loss or damage arising from third party software products or services such as Sellerdeck, WordPress, Opencart and other software products supplied by us. The terms of use for supplied software products by us is between you the client and the Manufacturer. It is your responsibility to register the product with the manufacturer to ensure you receive the correct warranty cover, updates and product information.
  1. The Company specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server.
    1. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:

      a. you will not, nor will you authorise or permit any other party to, use the Server in violation of any law or regulation;

      b. you will not knowingly or recklessly post, link to or transmit:

      1. any material that is unlawful, threatening, abusive, harmful, malicious, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way; or
      2. any material containing a virus or other hostile computer program;
      3. you will not post, link to or transmit any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction; and iv. You will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers.
    2. You are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misquoting or any other failure of email.
    3. You warrant, undertake and agree that you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information.
    4. Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we cannot guarantee that the Server will be free from unauthorised users or hackers.
    5. All annual web service charges (normally 12 months) including hosting, servers, ssl certificates and domain renewals are not eligable for part or complete refund during it’s term.
    6. Bandwidth is not restricted per domain, but should a domain use what we consider to be excessive bandwidth that has a negative effect on the server and other domains, then we may move that domain to a different server or increase resources allocated at additional expense to the client.
    7. Pixelhaus Studios supply hosting on UK hosted servers for maximum reliability, however we cannot guarantee continuation of services due to events beyond our control such as hardware failure, network failure, hacking or DDS attack. In the event of site downtime, Pixelhaus Studios endeavours to restore that site as quickly as possible.
  2. Domain Names

  3. We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
  4. The registration of the domain name and its ongoing use is subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
  5. We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
  6. Because all products & services sold by Pixelhaus Studios are tailored specifically around the domain name registered or transferred both them & the domain are classed as customisable items. Therefore the customer agrees that the Consumer Protection Regulations 2000 (Distance Selling) do not apply to our services and therefore the right to cancel registration or an order is not available.
  7. Pixelhaus Studios will not action any domain transfer requests unless any outstanding amounts are satisfied.
  8. Once a domain is moved from our DNS the services on that domain will be cancelled. If at some future time the domain is restored to our dns the services will need to be re-purchased.
  9. Illegal matter
    (a) The Company shall not be required to use any matter which, in our opinion, is or may be illegal, or of a libellous nature, or an infringement of the proprietary or other rights of a third party.
    (b) The Company shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any libellous matter, or any infringement of copyright, patent, design or of any proprietary or personal rights contained in any material printed or produced for the internet for the Customer. The indemnity shall extend to any amounts paid on a solicitor’s advice in settlement of any claim.
  10. Force majeure The company shall be under no liability if unable to carry out the provisions of the contract for any reason beyond our control, including (without limiting the foregoing) Act of God, fire, flood, drought, legislation, war, lock-out, strike or any other action taken by employees, or inability to procure materials required for the performance of the contract. During such a contingency, the Customer may, by written notice to the Company, elect to terminate the contract and pay for materials used and work done. Subject to thereto, the Customer shall otherwise accept delivery when available.