The following terms and conditions apply to all graphic design & website development services provided by me, Paul Jackson (Sole Trader trading as Pixels & Things) to you (the Client). This document can also serves as a contract when signed by both parties.
If you (the Client) accept an estimate or quotation, this will be seen as an acceptance of the below terms & conditions and to therefore commence with the required design or development services outlined in the estimate or quotation.
All design or development work will be subject to a pre-agreed schedule, whether this be a single date or a range of dates spanning a project. Regardless of timing all work will be produced in a professional and timely manner.
Design & Review
All design work will be presented to you (the Client) for review before going into production or development. It is your (the Client’s) responsibility to check any design, document, proof or web page design, and that content is correct, in order to make amends or revisions before entering production or development. I (Pixels & Things) take no responsibility for errors once a project is complete. There will be many opportunities to review design or development work and provide feedback. Work will be generally shared with you either via direct email or via Dropbox. Any work relating to web development work will be shared via a development build link where you will be able to preview progress throughout the project.
Text content, Visual Assets & Images
All text content should be provided prior to commencing any design or development work unless agreed otherwise. You (the Client) should supply graphic files in an editable, vector digital format such as .ai or .eps. You (the Client) should supply photographs in a high resolution digital format. If you (the Client) choose to buy stock photographs or visual assets, I (Pixels & Things) can suggest various sources for this. Any searches for stock photography or assets will be costed at my hourly rate.
Source Code & Development
I (Pixels & Things) will need access to any FTP & CPanel accounts associated with hosting accounts in order to transfer any web development project from a development environment to a live environment. Further support maybe needed depending on the project and hosting environment.
Browser testing no longer means attempting to make a website look and act the same across browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
I (Pixels & Things) test all development work in current versions of major desktop browsers including Safari, Chrome, Firefox and IE(9+). Any testing & support for older browsers will be costed separately.
Mobile & Tablet Browser Testing
I (Pixels & Things) test all development work in Safari (iOS), Chrome (iOS, Android). Any other platform-specific testing such as Windows mobile or Blackberry will be costed separately.
Technical Support & Hosting
I (Pixels & Things) do not offer support for website hosting, email or other services relating to hosting. You (the Client) may already have professional hosting. If you (the Client) don’t, I encourage you (the Client) to buy your own hosting from one of my recommended hosting providers. This ensures ownership of the domains and hosting is with you (the Client).
Search engine optimisation (SEO)
I (Pixels & Things) don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines and built with modern web standards in mind. If SEO is a key factor in your project I can recommend some partner companies who will be able to assist in this process further.
Changes, Revisions & Amends
All projects will include an expectable amount of revisions and amends, but any changes which are out of the original scope of the project either design or development will be costed separately either at an hourly rate or at a pre-agreed amount.
Portfolio & Testimonials
I (Pixels & Things) reserve the right to display all aspects of my creative work, including sketches, work-in-progress designs and any completed project (be it print or digital in my portfolio and or blog), unless an official written request is supplied once the project is completed. I (Pixels & Things) may also ask for a testimonial following completion of a project which may be used across digital and print promotional material.
If, at any stage, you change your mind about what you want to be designed or developed and are not happy with the direction the work
is taking you will pay in full for the time spent to date up until the point in question. Following this the work agreement will be terminated.
All work will be invoiced in full following completion except for Web development projects, these will be invoiced in stages across the span of the project. They are generally broken down into 3 key milestones, Wire-framing, Design & Development, these 3 milestones equate to 33% of the total estimate or quotation unless agreed otherwise, if possible the first 33% will be paid upfront unless agreed otherwise. All invoices must be paid within 30 days via BACS unless agreed otherwise. Overdue invoices will incur a charge of £60 per week for every week after the invoice due date. Invoices will be issued electronically via PDF. Any international payment conversion rate charges will be paid for by you (the Client).
Intellectual property rights
All patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, trade names, internet domain names, rights to goodwill, rights in designs, database rights, rights in confidential information and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
You (the Client) guarantee that all elements of text, images or other artwork you (the Client) provide are either owned by you (the Client) or that you’ve permission to use them. When you (the Client) provide text, images or other artwork to me (Pixels & Things), you (the Client) agree to protect me from any claim by a third party that we’re using their intellectual property.
I (Pixels & Things) guarantee that all elements of the work delivered to you (the Client) are either owned by me (Pixels & Things) or have had permission obtained to provide them to you (the Client). When I (Pixels & Things) provide text, images or other artwork to you (the Client), I (Pixels & Things) agree to protect you (the Client) from any claim by a third party that you’re using their intellectual property. Provided you (the Client) has paid for the work in question.
You (the Client) will own the design, artwork or website plus the visual elements created for it. All final artwork or source files will be supplied at the end of the project and should be kept somewhere safe as I (Pixels & Things) am not required to keep a copy. You (the Client) own all intellectual property rights of text, images, site specification and data you (the Client) provided, unless someone else owns them.
I (Pixels & Things) own any intellectual property rights that I (Pixels & Things) developed prior to, or developed separately from this project and not paid for by you. I (Pixels & Things) own the unique combination of these elements that constitutes a complete design and I (Pixels & Things) license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
In a situation where I (Pixels & Things) am unable to finish work that has already commenced, all aspects of design & development work will be handed to one of my partner developer/designers and where possible within the original quoted budgets. Any additional work out of the scope of the original estimate or quote will be costed by the new designer
or developer at their hourly or day rate.
Legal & Liability
I (Pixels & Things) will carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, I (Pixels & Things) cannot guarantee that any project will be error-free and so I (Pixels & Things) cannot be liable to you (the Client) or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’veadvised us of them.
Your liability to us will also be limited to the amount of fees payable under the project in question and you (the Client) won’t be liable to me (Pixels & Things) or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you (the Client) of them.
Finally, if any provision of these terms & conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms & conditions and shall not affect the validity and enforceability of any remaining provisions.
These terms & conditions are non transferable or renewable. I (Pixels & Things) and you (the Client) agree to adhere to all relevant laws and regulations in relation to our activities and not cause the other to breach any relevant laws or regulations. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.