Terms of Use

Website Design Terms & Conditions

By placing an order with PicxelPlay, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:
The Client : The company or individual requesting the services of PicxelPlay.

PicxelPlay: Primary designer/site owner & employees or affiliates.

General
PicxelPlay will carry out work only where an agreement is provided either by email, telephone, mail or fax. PicxelPlay will carry out work only for clients who are 18 years of age or above. An ”order” is deemed to be a written or verbal contract between PicxelPlay and the client, this includes telephone and email agreements.

Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, PicxelPlay cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of PicxelPlay until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by PicxelPlay remain the copyright of PicxelPlay and may only be commercially reproduced or resold with the permission of PicxelPlay.

PicxelPlay cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to briefs provided will be carried out at the discretion of PicxelPlay and where no charge is made by PicxelPlay for such additions, PicxelPlay accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to PicxelPlay all materials required to complete the site to the agreed standard and within the set deadline.

PicxelPlay will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

PicxelPlay will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

PicxelPlay 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 any of the clients appointed agents.

PicxelPlay 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.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Web design and/or forum design and/or blog design and/or logo design Terms
Web design terms and conditions are for those who seek PicxelPlay to design/develop any part of a web site; full, partial, redesign. There are two (2) payments due to complete a web design transaction. A pre-work desposit to be made when the said customer agrees to let PicxelPlay design/develop. The post-work payment is due five (5) days after work is completed. The site and files will be in the control and possesin of PicxelPlay until post-work payment is recieved. Once recieved, PicxelPlay will turn the site and or files over to the customer, and also giving customer all login credintials relevant to customers site. On the sixth day an overdue notice will be sent. Overdue notices will be sent will be sent sequentialy every 5 days for a calendar month. After a calendar month, all accounts and files will be frozen and suspended. If the site is hosted by PicxelPlay, the site will be inoperable and a suspension notice will be in its place.

Work Completion
Work is completed by PicxelPlay when one one of two senarios are completed (Depending on how the said customer wants their site)

1.) PicxelPlay completes all design and develpment requirements for the website
PicxelPlay installs website files onto customers server and domain.
PicxelPlay completes configuration of install
PicxelPlay shows customer the working site
PicxelPlay asks customer if site is satisfactory
Customer tells PicxelPlay site is satisfactory

2.) PicxelPlay completes all design and develpment requirememnst for the website
PicxelPlay shows customer the working site
PicxelPlay asks customer if site is satisfactory
Customer tells PicxelPlay site is satisfactory
PicxelPlay distributes (sends) all site files to customer
PicxelPlay asks customer if distrubution was satisfactory
Customer tells PicxelPlay distrubution was satisfactory

PicxelPlay warrants that the Web site will conform to specifications or acceptance criteria agreed to by the parties when delivered to Customer and for a period of one (1) year thereafter (the “Warranty Period”) and that PicxelPlay will perform the services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. PicxelPlay warranties and representations hereunder will not extend or apply to any Web site modified by any party other than PicxelPlay In the event that Customer discovers an Error in the Web site during the Warranty Period, PicxelPlay’s sole responsibility will be to use reasonably commercial efforts to correct such Errors. “Error” means any reproducible error, problem, or defect resulting from (i) an incorrect functioning of the Background Technology that materially affects the functionality of the Web site or (ii) any failure of the Web site delivered to Customer to materially meet the specifications or acceptance criteria. All warranty claims not made in writing within the Warranty Period shall be deemed waived. PicxelPlay warranty obligations are personal to Customer and may not be extended to any third party.

PicxelPlay reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. PicxelPlay may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Website Pros” posting of any changes or modifications will constitute your acceptance of such changes or modifications.

Database, Application and E-Commerce Development
PicxelPlay cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been 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 use.

Any scripts, applications or software (unless specifically agreed) written by PicxelPlay remain the copyright of PicxelPlay and may only be commercially reproduced or resold with the permission of PicxelPlay.

Where applications or sites are developed on servers not recommended by PicxelPlay, 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 to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by PicxelPlay before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, PicxelPlay will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility
PicxelPlay will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 7+, Mozilla Firefox 2+, Chrome, Safari, and Opera. PicxelPlay can offer no guarantees of correct function with all browser software.

Website Hosting
Whilst PicxelPlay recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by PicxelPlay cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

PicxelPlay reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.

Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the PicxelPlay policy that any outstanding accounts for work carried out by PicxelPlay or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with PicxelPlay.

If accounts are not settled or PicxelPlay have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’’s) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Deposits of work are not refundable.

Complaints Procedure
Informal procedure

Anyone who experiences a problem with their web service provided by PicxelPlay should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

PicxelPlay will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
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 with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to PicxelPlay, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint 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 the minimum of delay.