Terms and Conditions

Please make sure that You read and fully understand these Terms and Conditions.

The Terms and Conditions below refer to all matters relating to the business conducted between Pixel Webs and its clients, and as such, forms the basis for all Contracts.

The Client, and/or any person viewing this website and/or asking us to do Work on their behalf, shall accept complete responsibility for ensuring that they fully understand these Terms and Conditions, and shall agree to be bound by them.

Pixel Webs, whose office is based at 33 St. Francis Drive, Chatteris, Cambridgeshire, PE16 6BS, can be contacted via the postal system at the above address, or by telephone on 01354 696155, or by e-mail at contact@pixelwebs.co.uk

Definition of Terms

'We', 'Us', 'Our' and/or 'Ourselves' means Pixel Webs, and/or any authorised person representing Pixel Webs.

'The Client', ‘Client’, 'You' and/or 'Your' means any person, Business, company, partnership and/or organisation that enters into a Contract with Us to do Work on their behalf and/or applies to become a Pixel Webs Affiliate.

'The Clients Website', ‘Clients Website’, ‘Client’s Website’, 'Commissioned Website' and/or 'The Website' means any website which is either acquired or intended to be acquired, leased, or rented from Us by the Client, as defined by ‘Custom Website’ or “Pay-as-You-Go Website” in these terms.

'Website Design', "Web Site Design' and/or 'Web Design' refers to The Process performed by Us to design and/or build 'The Clients Website' from scratch.

'Pre-Existing Website', 'The Pre-Existing Website', or 'The Clients Pre-Existing Website' means a website owned and/or used by The Client prior to Contracting Us to Work on the website and/or any other Materials.

‘Party’ or 'Parties' means Us and/or the Client.

'Third Party' or 'Third Parties' refers to any person, business or organisation other than Us or the Client who becomes involved in The Project, the Client or Us in any way.

‘Terms and Conditions' means the Terms and Conditions set out herein.

'Text' and/or 'Textual Content' means any textual information, including, but not limited to, on page text (visible and/or invisible), title tags, description meta tags, keyword meta tags, alt meta tags, file names, HTML comments, animations, and/or text embedded in Images, videos and/or 'flash' files.

'Deposit' means a portion of the expected costs of the Work, which is paid prior to the commencement of the Work.

'Our Website' means www.pixelwebs.co.uk and/or any derivatives and/or variations thereof.

'The Process' and/or ‘Process’ means any actions and/or Work performed by Us and/or the Client which will cause the Work requested to be actioned.

'Work', 'Works' and/or 'Project' means any process performed by Us on behalf of the Client.

'Proposal' and/or 'Work Proposal' means the outline for the Project supplied by Ourselves based on the Clients requirements.

'Contract' means the agreement between the Client and Us for Work to take place. This follows the mutual acceptance of the Proposal by both Parties, along with acceptance of the Terms and Conditions, and the quoted fee. In the case that The Process is for Custom Website Design, this also follows cleared funds for the Deposit being received by Us.

'Image' means any on-screen element, moving and/or stationary, including but not limited to photographs, drawings, artwork, charts, maps, paintings, diagrams, computer graphics, videos, 'flash' files, animations, collages, textual effects and/or any visual effects contained therein.

'Product' means any entity created by Us for the Client, or service provided by Us to The Client, or any part thereof.

'Viewer' means any person, process, program, organisation, Business, company and/or any other entity, that accesses and/or interacts with any information, Product and/or Content contained on Our Website, any other website, and/or any other online and/or offline media.

'Content' or 'Material' means any file, document (whether electronic and/or otherwise), Image, Product, information, data, Text, audio, music, applet, program, and/or other matter contained in Our Website, any other website, Product, goods and/or service, whether provided by us, the Client, and/or any other third party.

'Business' means an organisational entity existing to sell goods or services to consumers, clients, or other businesses.

‘Pay-as-You-Go Website’ means a website published by Us on behalf of the Client, for which the Client pays an ongoing Subscription.

‘Setup Fee’ means the fee which shall become payable to Us by the Client in order for Us to create a Pay-as-You-Go Website for the client, irrespective of whether or not the Pay-as-You-Go Website has been published.

‘Subscription’ means money paid to Us by the Client in order for a Pay-as-You-Go Website to be published on behalf of the Client.

‘Custom Website’ means a website published by Us on behalf of the Client, for which the Client pays a fee to purchase that Website.

'Maintenance' means Work, minor or otherwise, done by Us for The Client so as to repair, update, modify, delete, add to, or in any way change elements of a website and/or is not in Our opinion sufficient to warrant the Project being classified as a Website Design, sufficiency being specified under the website maintenance section of these Terms and Conditions.

'The Affiliate' or ‘Affiliate’ means any person, Business, company, partnership and/or organisation that applies to become a Pixel Webs Affiliate, and is accepted as an Affiliate by Us in writing.

‘Service’ or ‘Services’ means any Work performed by Us and/or a third party on behalf of the Client.

‘Internet’ or “The Internet” means the global system of networked computer systems also known as the World Wide Web

‘Open Source’ or ‘Open Source Software’ means software whose use, in a modified or unmodified form, is considered to be in the public domain, and whose use therefore, is generally considered to be free to use, change, modify, improve and redistribute.

The use of the singular includes the plural, and the use of the plural includes the singular.

Where a paragraph in these Terms and Conditions specifically mentions 'Web Design', 'Web Site Design', 'Website Design', 'The Clients Website', 'the Commissioned Website' and/or 'The Website', the paragraph shall be deemed to apply only to Web Design Work unless the paragraph also mentions other Works.

Terms of Website Usage

By browsing and/or using this website you are agreeing to comply with and be bound by the following terms of website usage contained herein, which together with our privacy policy govern Therapy Web's relationship with you in relation to this website.

It is your responsibility to ensure that you read and understand these Terms and Conditions displayed herein each time you view any content on this website, or content available from this website.

Use of This Website

This Website, and the content of the pages of this Website are provided on an ‘as-is’ basis to the fullest extent of applicable laws, and is for your general information only.

Viewing this Website is entirely at the Viewers own risk, and it is up to the Viewer to validate any and all information and other content on this website, and/or any other media.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Verification of Content and/or information is the sole responsibility of the Viewer of that Content and/or information.

It is solely the Viewers responsibility to ensure that viewing and/or interacting with This Website is appropriate and legal in their location, jurisdiction and/or age range, and the Viewer agrees to indemnify Us, and agrees we shall be held free from liability and/or harm for any claim, litigation, loss, damage, and/or lack of profitability, directly, indirectly and/or consequentially, as a result of any use and/or misuse of This Website, where such Content may not be appropriate and/or legal.

We cannot guarantee that This Website, nor the server(s) on which it is hosted, nor the systems used to transfer information to and from the Viewer are free from virus and/or other malware, and shall not be held responsible for any claim, loss and/or damage of any kind which may occur, directly, indirectly and/or consequentially, as a result of the use of This Website.

Should a Viewer become aware of any issue that may arise and/or potentially arise due to errors, omissions and/or failures within any aspect, including, but not limited to the Content of This Website, ambiguity, Products, Contracts, Work (whether subcontracted and/or not), Projects and/or Proposals, (including, but not limited to failure to comply with statutory obligation, legislation and/or other law), the Viewers first course of action should be to inform Us of such error, omission. and/or failure, so that We may be given reasonable opportunity to investigate and/or correct such error, omission. and/or failure.

Any and all Content of This Website, including but not limited to Text, Images, meta-tags, design and/or supplied pages may change at any time, and without notice.

Fees shown on this website are subject to change without notice at any time.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

You shall agree that should a dispute arise, resolution shall, in the first instance, be via mediation.

Clients Websites and the Use Thereof

Viewing the Clients Website is entirely at the Viewers own risk.

We shall not be held responsible for any loss and/or damage that arises due to the use and/or misuse of any Content held on the Clients Website, nor do We make any claim as to the accuracy of such Content, nor that the Content is free from error and/or omission.

We have not verified any of the information included on any Client Website, and We make no claim as to the accuracy of such information, nor that the information is free from error and/or omission.
Verification of information is the sole responsibility of the Viewer of that information. It is solely the Viewers responsibility to ensure that viewing and/or interacting with a Clients Website is appropriate and legal.

We cannot be held responsible in any way for the interactions, including but not limited to transactions, between the Client and their customers.

It shall remain the Client’s responsibility at all times to ensure that good, products and/or services displayed on the Website shall be fully and accurately portrayed, that the processing of any and all transactions is handled appropriately, and that the fulfillment of any orders and/or purchases are handled appropriately and in accordance with applicable laws.

The Client shall agree that the Client’s Website and/or any and all content contained therein shall be legal in all locations, countries and territories that the website may be viewed in, and that the Website shall not infringe the rights of others.

It shall remain the Client’s sole responsibility at all times to ensure the smooth running of their business activities, including but not limited to their Website.

Client Details

When entering into communication with Us, the Client agrees that information that they shall provide about the Client and the Client’s business and business activities shall be full, accurate, complete, and up-to-date.

By asking Us to do any Work, the Client shall also agree that they will take any actions necessary to ensure that We have full, accurate, complete, and up-to-date information at all times, and that it is entirely the Client’s responsibility to ensure that all information held by Us is full, accurate, complete, and up-to-date. Should the Client fail to do this, we reserve the right to end any and all agreements without refund.

Copyright of the Website as an Entity

The design of The Website, any Text written for the Client by Us, and/or any other Content produced by Us, modified or unmodified, shall remain the intellectual property of Ourselves at all times and the Client and/or Third Party may not claim ownership of The Website.

When the Client is purchasing a Custom Website, upon our receipt of cleared funds for the final due payment, the ownership of The Website shall pass to the Client (with the exception of Open Source Software and/or where any other restrictions, including but not limited to copyright restrictions, as specified elsewhere in these Terms and Conditions).

Where a Pay-as-You-Go Website is published for or on behalf of the Client, the ownership of The Website shall remain with Pixel Webs at all times, and shall not transfer to the Client, irrespective of any and all Subscription fees paid by the Client.

The design of The Website can only be used in The Website provided by us, and the Client may not copy this design, and/or any part thereof, for use elsewhere, nor produce any derivative works thereof.

If the Client wishes to have subsequent Website(s) based on The Website, and/or a derivative thereof, the Client must pay additional fees.

The Client agrees that we shall not be held liable for any use and/or misuse of The Website and/or any Content contained therein, including but not limited to copying, uploading, reselling, file sharing and/or publishing.

The Client agrees that they shall not re-sell, lease, rent, license, distribute, duplicate, reproduce, display and/or transmit the Website, and/or create derivatives from The Website. Such use of The Website or any materials provided by Us is strictly prohibited.

Copyright of Images Supplied by Pixel Webs

Where Images are supplied by Us to the Client, the use of such Images is restricted to that of the use of the Image in its current format, size, resolution and/or use. The Client does not have the right to use the Image in any other form, position, and/or on any other website other than in the position originally supplied.

In addition to this, any Images created by Us for The Client shall remain the intellectual property of Us at all times.

The Client does not have the right to upload and/or copy the Images supplied to any other position other than that in which it was originally supplied.

The Client agrees that we shall not be held liable for any use and/or misuse of Images, including but not limited to copying, uploading, reselling, file sharing and/or publishing.

The Client agrees that that We are entitled to change and/or amend any image supplied by us at any time, without giving reason.

Content Supplied by the Client

By supplying Content of any kind to Us for the purpose of inclusion, the Client agrees that We may use that Content for that purpose, and/or subsequently publish that Content.

The Client shall be solely responsible for the use of any and all Content that they supply, and agree to be solely responsible should legal action arise due to the use and/or misuse of that Content.

The Client agrees to indemnify us, and hold Us free from responsibility, and free from harm for any claims including but not limited to libel, copyright and/or trademark / servicemark / logo theft and/or other infringement brought because of any Content supplied by The Client and/or on The Client's behalf.

Copyright and/or Use of Images Supplied by the Client

It is the sole legal responsibility of the Client to ensure that they have all the required copyright and/or usage permissions for the use of Images supplied to Us, as required by law. This includes model release(s) and/or property release(s) where necessary.

The Client agrees to indemnify us, and hold Us free from responsibility, and free from harm for any claims including but not limited to libel, copyright and/or trademark / servicemark / logo theft and/or infringement brought because of any Image(s) supplied to Us by the Client.

Where images are supplied by the Client for inclusion in a Pay-as-You-Go website, the maximum number of images which will be inserted as part of the initial setup shall be one(1), or the number of ‘on-page’ images (i.e. not forming part of the banner or other structural part of the page) shown on the sample page, whichever is greater. Insertion of additional images over and above this entitlement may be subject to additional fees at Our discretion.

Copyright and/or Use of Text Supplied by the Client

It is the sole legal responsibility of the Client to ensure that they have all the required copyright and/or usage permissions for the use of Text supplied to Us, as required by law.

Copyright – General

It is the Client’s responsibility to ensure that all Content displayed on the Website is permitted within all appropriate copyright rights and laws.

If a third party should inform Us they believe their copyright has been infringed, We reserve the right to remove the said Content from the Website and/or insist that the Client remove said Content.

If a third party believes that their copyright has been infringed, they should contact us in the first instance by e-mail at copyright@pixelwebs.co.uk.

Communication Method

By contacting Us, the Client and/or potential Client agrees that e-mail shall be the primary communication method.
It is the sole responsibility of the Client to ensure that We have a usable e-mail address to contact the Client, and to inform Us of any changes to such e-mail address.

If for any reason We are not able to contact the Client via e-mail, for reasons including, but not limited to an incorrect e-mail address, message Content rejected, full mailbox, firewall, spam filter and/or suspended services, We shall make a second, and then a third attempt at reasonable intervals.

At our discretion We may also attempt to contact the Client by telephone at any time.

Should the third attempt to contact the Client by e-mail also fail, then We reserve the right to end the Contract and/or any other agreement at that point. Under these circumstances the Deposit paid is non-refundable.

Rights of Portfolio

Where We complete Work on behalf of a Client, Images and/or a description of the Work may be displayed by Us on Our Website, and, at our discretion, we may also link to that Work via hyperlink.

Where there is a Pre-Existing Website, by Contracting Us to do Work, The Client agrees that We may use, on Our Website, a screen shot of The Clients Pre-Existing Website, a description of The Pre-Existing Website and/or The Process, to show the effect of the Work done and/or currently being undertaken.

It is The Clients sole responsibility to inform us if they do not hold sufficient copyright permissions over the Pre-Existing Website and/or any Material contained therein for these Rights of Portfolio to take place.

The Client agrees to indemnify us, and hold Us free from responsibility, and free from harm for any claims including but not limited to libel, copyright and/or trademark / servicemark / logo theft and/or infringement caused by The Client failing to inform us of such restrictions.

Third Party Services and Charges

Where the Client asks Us to perform any action, including but not limited to domain registration, hosting, purchase of software, purchase of services, Maintenance, and/or outsourcing of work, that incurs third party charges, the Client agrees to meet the cost of these charges in full.

We reserve the right to levy a charge to the Client for our Work relating to these third party transactions and/or involvement.
These charges, where possible, will be set out by Us in full before the said Work commences.
We do not warrant the functionality of any and all third party products or services of any kind.

Should a dispute arise between the Client and a third party, the Client agrees to hold us not responsible and/or liable for any claims, damages and/or demands of any kind, whether direct, indirect and/or consequential.

Payment of Deposit

Where the Project is a Website Design Project for a Custom Website, The Client will be invoiced for 50% of the fee as a non-refundable Deposit at the time of the Client's acceptance of the Work Proposal, and no Work shall commence until our receipt of cleared funds for this Deposit. We may vary this Deposit requirement at Our discretion.

Once We have received cleared funds for this Deposit for The Website, the Work Proposal supplied to the Client will be deemed to have been accepted by the Client, and the Work Proposal, quotation, and Terms and Conditions become the Contract. Once this Deposit payment is made, the Client is deemed to have approved and agreed to the Work Proposal, quotation, and these Terms and Conditions in their entirety, and agrees to be legally bound by the Contract.
Invoices

Where invoices are sent to the Client via any means including, but not limited to, facsimile transmission, e-mail (including attachment), by hand and/or by postal system, the amount invoiced will be payable immediately upon receipt of the invoice.

Project Duration

Where the Client requests that Work is done by a particular completion date, We will endeavour to complete the Work by that date, but cannot guarantee that the Work and/or Project will be completed by the said date.

Domain Registration

It is the sole responsibility of the Client to ensure that any domain name that is registered for them and/or their Project, is renewed at the appropriate renewal time, whether or not We were involved in any part of the arrangement and/or setup of such domain registration.

The Client shall be responsible at all times for ensuring the smooth running or their domain, and all support services with respect to Website domains shall be provided by the website hosting company. It is the Client’s sole responsibility to liaise with their domain registration company as required.

Hosting Services

It is the sole responsibility of the Client to ensure that any hosting services and/or other Internet services used by The Client, are renewed at the appropriate renewal time, whether or not We were involved in any part of the arrangement and/or setup of such hosting.

The Client shall be responsible at all times for ensuring the smooth running or their hosting, and all support services with respect to Website hosting shall be provided by the website hosting company. It is the Client’s sole responsibility to liaise with their hosting company as required.

Open Source Software

Where Open Source Software is used to complete a Project, the fee paid to Us by the Client is for the time taken to build such software into the Project, and not for the software itself, and as such the Client agrees that they are not purchasing this software, and do not have the copyright and/or any other rights over it.

It is the Clients sole responsibility to understand whether Open Source Software has been used in their Project.

Cancellations Policy – Custom Website

This subsection shall apply to Custom Websites purchased, or intended to be purchased from Us by the Client.

Should the Client wish to cancel The Process at any time, and for any reason, the Client shall still be liable for the Work done up to the point of notification of cancellation. Where a Deposit has been paid by The Client, the Deposit will be deemed as payment (or part payment) for the Work done up to that point.

It is The Clients sole responsibility to ensure that We have received such notification of cancellation. The client shall only assume that We have received such notification when The Client receives a personalised response from us acknowledging the cancellation. Neither an automated message such as an autoresponder, nor proof that the notification was sent by The Client shall be regarded as proof that the message was received by Us.

Should We wish to cancel The Process at any time, whether or not due to the Client's (and/or a third party acting on behalf of the Client) breach of the Terms and Conditions set out herein, We may do so without giving reason. We will notify the Client of such cancellation in writing via the postal system and/or e-mail.

Should We cancel The Process due to the Client's breach of the Terms and Conditions set out herein, the Client shall be liable for the Work done. Where a Deposit has been paid by The Client, the Deposit will be deemed to be payment (or part payment) for the Work done up to the point of notification of cancellation.

Should the amount of liability be more than the Deposit paid, the Client agrees that they shall be liable for the remainder.

Should The Process be cancelled by either Party, and at any time, any third party charges, purchases incurred by us, and/or charges for our Work relating to these third party transactions and/or involvement will be passed on in full to the Client.

Should The Process be cancelled by either Party, We shall retain full ownership, possession and copyright of all Work done by Us.

Should the Client with to cancel the Process, Contract and/or any other agreement, the cancellation request must be made by the Client and/or the Client’s named representative as held in Our records. Cancellation requests made by other person(s) may be rejected at Our discretion.

Cancellations Policy – Pay-as-You-Go Websites

This subsection shall apply to Pay-as-You-Go Websites provided, or intended to be provided by Us to the Client.
By agreeing that We should provide a Pay-as-You-Go Website on behalf of the Client, the Client agrees that they shall pay a Subscription for that service on a monthly basis.

Should the Client wish to cancel the Pay-as-You-Go Website at any time, and for any reason, the Client shall still be liable for the Subscription fee for the calendar month, or part thereof, of the date that the Clients informs Us of their intention to end the arrangement. We do not issue pro-rata refunds for unused periods.

It is The Clients sole responsibility to ensure that We have received such notification of cancellation. The Client shall only assume that We have received such notification when The Client receives a personalised response from us acknowledging the cancellation. Neither an automated message such as an autoresponder, nor proof that the notification was sent by The Client shall be regarded as proof that the message was received by Us.

Should We wish to cancel Pay-as-You-Go Website at any time, whether or not due to the Client's (and/or a third party acting on behalf of the Client) breach of the Terms and Conditions set out herein, We may do so immediately and/or without giving reason. We will notify the Client of such cancellation in writing.

Should the Pay-as-You-Go Website be cancelled by either Party, the Client shall remain liable for any moneys owed to Us for the Pay-as-You-Go Website provided by Us for the period for which it was provided, and/or any additional Work done by Us on the Clients behalf, including but not limited to Maintenance work.

Should the Pay-as-You-Go Website be cancelled by either Party, and at any time, any third party charges, purchases incurred by us, and/or charges for our Work relating to these third party transactions and/or involvement will be passed on in full to the Client.

Should the Pay-as-You-Go Website be cancelled by either Party, We shall retain full ownership, possession and copyright of all Work done by Us.

Should the Pay-as-You-Go Website be cancelled by either Party, the Client shall remain liable for any Setup Fee due, and where the Setup Fee has been paid by the Client, the Setup Fee shall be non-refundable.

If a Pay-as-You-Go website is cancelled, the Client must cease using the Website and all materials and/or Content associated with the Website immediate, and must delete and/or destroy all such materials and/or Content. It is the Client’s responsibility to ensure that all copies of said materials and/or Content, including but not limited to backup copies are deleted and/or destroyed, whether stored by the Client, for the Client, online, and/or by a Third Party on behalf of the Client.

We have no responsibility to hold data on Your behalf following cancellation.

Warranty

Where any Website is supplied by Us to the Client, the Client shall be liable for the hosting, maintenance, promotion and/or upkeep of The Website at all times.

Additionally, from this point onward, the Client shall be solely responsible for any changes, modifications, alterations, additions and/or deletions made by the Client and/or any other third party.

Should the Client, and/or any other party on the Clients behalf make changes to The Website which cause it to cease to function, and/or for The Website to require repair and/or maintenance, then the Client shall be wholly responsible for the repair and/or maintenance Work required.

We make no warranty, express or implied, that The Website, nor any Maintenance performed will bring as much and/or more web traffic, visitors and/or Viewers than any Pre-Existing Website.

All Services are provided are on an ‘as-is’ basis to the fullest extent of applicable laws. We do not make any warranty and/or claim of any kind, express or implied, pertaining to the services supplied, including but not limited to performance in search engine results pages (SERPs), online directories and/or any other entity, search engine placement, website traffic, rights infringement, merchantability, and/or fitness for a particular purpose.

We do not warrant compatibility with any software, hardware and/or systems, and no advice given by Us or third parties acting on Our behalf shall institute and/or imply a warranty.

We do not warrant that any and all materials and/or Content supplied by the Client, or by Us to the Client will meet the Client’s requirements, and it shall remain the Client’s responsibility at all times to ensure suitability of all materials and/or Content.

Acceptance of Works

We reserve the right to refuse to perform Work for any individual, company, Business, organisation and/or other entity, without giving reason.

This right of refusal also applies to those for whom We have previously performed Work.

We also reserve the right to subcontract any part of the Work to another individual, company, Business, organisation and/or other entity, who shall in turn have the right to subcontract.

Only Business customers may Contract Us to do Work. By Contracting Us, The Client is agreeing that The Client is acting on behalf of a Business, and that the Contract shall be a Business-to-Business Contract under which these Terms and Conditions shall apply.

By Contracting Us to do Work, The Client is agreeing that they are legally entitled to contract such work, and that they have reached the age of majority.

Access

Where We require access to files, servers, computer systems and/or networks to complete the requested Work, the Client agrees to grant Us such access. This includes, but is not limited to usernames and/or passwords.

Where We supply and/or publish a Pay-as-You-Go Website for the Client, the Client shall agree that We shall have full, uninterrupted FTP access at all times.

Where the Client does not wish to give Us access to particular usernames and/or passwords for an account, the Client must supply Us with a suitable and usable temporary one. These temporary details must give Us access for long enough so as to enable Us to complete the tasks required.

In the case of a Pay-as-You-Go Website, this access is required for as long as said website and/or any parts and/or derivatives thereof remain published on the Internet.

To upload any Content to the Clients server and/or hosting we will need adequate FTP access.

If such access permissions are not given to Us by the Client in a reasonable amount of time, then We may cancel The Process and recoup the costs of the Work done to date in accordance with our cancellations policy.

The Client is responsible for ensuring that firewall settings permit any required access.

Delivery of The Website via any method is undertaken at the Client's own risk.

Should any Work require that the Clients hosting is setup, modified, and/or controlled in any way, including, but not limited to, setting up server environments, permissions, script execution installations and/or scripting permissions, it shall be solely the Clients responsibility to ensure that the hosting configuration is suitable for the Work to be carried out.

Where Pay-as-You-Go Website pages are provided to the Client and/or published to the Client’s Website and the page is linked to a DreamWeaver template file (any file with the file extension .dwt), then that linking is deemed to be an essential part of Our access to those pages, and subsequently the Client, or any Third Party acting on the Client’s behalf, may not detach the file from the template file, and/or in any way sever the link between the two files.

Data Security

It is the Clients sole responsibility to ensure that The Pre-Existing Website, and/or any existing data, files, information, folders, systems, computers and/or any other Materials are suitably backed up before requesting Us to do any Work.

We shall not be held responsible for the loss of, and/or damage to any such Materials due to the Client not having made adequate backup copies.

By agreeing that We shall do Work on behalf of the Client, the Client is deemed to have agreed that We may change, modify, overwrite and/or delete any such existing Materials.

It shall be the Clients sole responsibility to ensure that The Website, and/or all associated data, files, information, systems, computers and/or other Materials are suitably and regularly backed up.

It is the Clients sole responsibility to maintain the security of all usernames and/or passwords. By supplying a username and/or password to Us, the Client agrees that We may use that username and/or password to access any and all data, files, information, systems, computers and/or other Materials that the supplied username and/or password enables.

Correspondence of any form between the Client and Us, including but not limited to email, telephone conversation, facsimile message, web form, support group, viewing web pages, chat agent and/or video conference should not be considered as secure.

Website Content

It is solely the Clients responsibility to ensure that all Content required for the completion of the Work is supplied to Us in a timely manner. Should the Client fail to supply the Content within one (1) calendar month of that Content being requested by Us, the Client will be deemed to have breached these Terms and Conditions, and We may cancel The Process and recoup the costs of the Work done to date in accordance with our cancellations policy.

All Textual Content supplied by the Client must be in 'Microsoft Word'™ format, and/or compatible. All Image Content supplied by the Client must by in a format suitable for Adobe Photoshop™. Variations to this must be agreed by both Parties prior to commencement of any Work.

With the exception of the file extension, the filename of the document used to supply Textual Content must be the same as that of the intended destination web page. It is the Clients responsibility to ensure that they are aware of such filenames.

Where Textual Content is supplied, the file must, where appropriate, include suitable Text, clearly marked within the file, that is to be used for the 'title', 'description' and 'keyword' areas of the web page. In the case where the Textual Content is supplied for the purposes of the creation of a new web page, and where such information is not supplied, the web page that is created will be constructed without such information. It is the Clients sole responsibility to ensure that the information supplied for those areas are suitable for such use.

While we do not routinely screen content before it is added to the Website, We reserve the right to do so, and We may refuse to include and/or remove any Website Content or remove a Website from the Internet without notice if We believe the said content falls into prohibited categories described herein.

It is the Clients sole responsibility to ensure that The Website, and the Content displayed on The Website is legal to view in all areas, countries and territories in which The Website will be available to view, and does not contain any Material which We consider to be adult, pornographic, defamatory, libellous, racist, hateful, harassing, threatening, abusive, humiliating, mis-reprsentational, confidential, invasive to privacy, impersonating a person or other entity, infringing copyright, containing malware, obscene, vulgar, unlawful, harmful, and/or incites injury and/or violence, and/or racism, contributes to and/or facilitates crime and/or criminal activities, and/or is in any other way objectionable. We reserve the right to reject any Material that We find objectionable, without giving reason, whether or not a Contract has been agreed. This clause also applies to all other Work, including but not limited to Maintenance, and shall also apply if the Client, or a Third Party acting on the Client’s behalf updates the Website.

The Client agrees that any Website Content, including but not limited to text, images and files, will be screened by the Client for suitability for inclusion as set out herein, and the Client shall be wholly responsible for ensuring that all such content is accurate, up-to-date, and complete.

The Client agrees that at all times, they may not do, say, publish and/or transmit in any form, any materials or Content that brings Us into disrepute.

The Client agrees that all materials and Content published will be available to the public, and as the Content shall exist in the public domain, it is likely to be read and indexed on search engines, directories, and/or other Internet based services that may ‘cache’ a copy of the content. The Client agrees that they understand that these ‘cached’ copies of the Content may remain available online for some time after the ‘live’ Content is removed from the Internet. The Client agrees that We have no control over this process.

Design Revisions

The Design Revision section shall only apply to The Process of creating a Commissioned Website.
Upon our receipt of cleared funds for the Deposit, We will design one (1) provisional design for the Client to see. At this stage the Client can request a reasonable number of revisions to that provisional design.

Once We have put any design revision(s) in place, the provisional design will then become the final design. The Deposit paid pays for the Work that has been completed up to the point where the provisional design is made available for The Client to see. Should the Client decide to cancel The Process after design revisions have been made, there may be additional charges due in accordance with our cancellations policy.

We reserve the right to decide what constitutes a reasonable number of design revision requests, based on the complexity of The Website, the size of The Website, and the invoice amount.

Website Maintenance

The Website Maintenance section shall only apply to The Process of Maintenance.

Where We are to perform website Maintenance for The Client, the Client shall be invoiced for the time We spend on that Work.
We reserve the right to commence Work only after cleared funds have been received by Us for the Work.

Work for website Maintenance shall be charged in units of one (1) minute, with a ten (10) minute minimum. The fee for Maintenance Work will be in accordance with any fees shown on Our Website, with one (1) minute units being charged at one-sixtieth (1/60) of any hourly rate shown . Where fees are not shown, it is The Clients sole responsibility to ensure they contact Us for the latest fees.

The Client shall agree that We shall be solely responsible for the timekeeping of Maintenance Work, and that when the time spent by Us on Maintenance Work equates to the equivalent time in Maintenance fees paid by the Client, the Client will deem the Contract to be satisfied, fulfilled and ended.

The fees shown on Our Website for Maintenance Work may change at any time and without notice.
We reserve the right to request the owner of a website for which we do Maintenance Work to display a hyperlink to Us on their website.

We reserve the right to determine when Maintenance requested by The Client is extensive enough to warrant classifying the Work as a website redesign, thus requiring The Client to enter into a design agreement as defined under ‘Client Website' in these Terms and Conditions.

Design Exclusivity – Custom Websites

This subsection shall apply to Custom Websites purchased, or intended to be purchased from Us by the Client.

Although all Custom Website designs are built from scratch, there may be times when parts of a website design may be incorporated into The Website that do exist on other websites, and We cannot guarantee that such parts will therefore be unique. Examples of this include, but are not limited to, where the same 'icon sets', navigation elements, or Images are used on more than one website.

We also reserve the right to use such stock elements for Maintenance Work.

Design Exclusivity – Pay-as-You-Go Websites

This subsection shall apply to Pay-as-You-Go Websites provided, or intended to be provided by Us to the Client.
Pay-as-You-Go Website designs are offered on a non-exclusive, non-transferable, non-sub-licensable basis, and the same design, or a variation of the same design may be used by Us to build other websites for other Clients or other Third Parties without restriction.

By paying a Subscription for a Pay-as-You-Go Website, the Client is accepting that they understand this non-exclusive, non-transferable, non-sub-licensable nature of the designs. The Pay-as-You-Go Website designs may also contain non-exclusive components, including, but are not limited to, where the same 'icon sets', navigation elements, or Images are used by Us on more than one website.

We also reserve the right to use such stock elements for Maintenance Work.

Payment Terms – Custom Websites and Website Maintenance

This subsection shall apply to Custom Websites purchased, or intended to be purchased from Us by the Client, and/or Website Maintenance.

The Client must ensure that they are able to pay for the Work to be done before requesting Work to be done.
Where the Clients primary currency is not UK Pounds Sterling, the Client must have provisions in place to pay UK Pounds Sterling before requesting Work to be done.

The Client agrees to pay all monies owed in UK Pounds Sterling, unless otherwise agreed in writing, in advance, by both Parties, before the Client shall request Work to be done.

Where payment for Work, and/or the Deposit, is made by any payment method, including, but not limited to cheque, cash, credit card, debit card, postal order, bankers draft, money order, direct bank transfer, online transfer, BACS, chaps, standing order and/or direct debit, the Works and/or Deposit are deemed to have been paid for when cleared funds are received by us.

If a cheque is returned unpaid by a bank for any reason, a charge of £12 will be added to Your outstanding balance, and You will be requested to submit another payment for the outstanding balance.

If the Client wishes to pay for any amount by a method other than cheque, PayPal, credit card and/or debit card, this must be agreed by Us in writing before any Work is undertaken and/or Contract agreed.

We reserve the right to require that any credit card and/or debit card payments must be made via PayPal.

We reserve the right to add a 4% surcharge to credit card, PayPal and/or debit card payments.

For Website Design Work, We reserve the right to withhold the publication of The Website until Our receipt of cleared funds for the final due payment. If We choose to publish The Website before receipt of cleared funds for the final due payment, we reserve the right to remove The Website from the Internet until such payment is made, and following the final payment if We deem necessary as setout herein.

When the cleared funds for the final due payment have been received by Us, and the Client's Website has been published to the Internet, the Client will deem the Contract to be satisfied, fulfilled and ended.

Payment Terms – Pay-as-You-Go Websites

This subsection shall apply to Pay-as-You-Go Websites provided, or intended to be provided by Us to the Client.

Subscription payments for Pay-as-You-Go Websites are to be paid to Us by the Client on a recurring monthly basis by standing order. Any variation to this payment method must be agreed by Us in writing prior to the Client requesting Work to be done.

We reserve the right to delay publication on a Pay-as-You-Go Website until cleared funds for the first Subscription payment has been received at our bank account.

The amount of the standing order and/or the date within the calendar month that the standing order should be processed shall not be varied without the express written consent of ourselves.

By paying the Setup Fee for a Pay-as-You-Go Website, the Client shall be deemed to have accepted that the monthly Subscription fee shall be paid by the Client as set out herein, and that if cleared funds for a Subscription payment is not received by Us within 14 days of the expected date, We shall be entitled to remove the Website from the Internet, and/or render the Website unusable.

By paying the Setup Fee for a Pay-as-You-Go Website, the Client shall be deemed to have accepted that the Subscription Fee payment is for the use of the Pay-as-You-Go Website for one (1) calendar month, that the client is not ‘paying off’ the Website, that the Subscription Fee does not form a credit agreement, and that the ownership of the Website shall not pass to the Client, irrespective of how many Subscription Fee payments are made.

The Client agrees to pay the relevant Setup Fee in UK Pounds Sterling, unless otherwise agreed in writing, in advance, by both Parties, before the Client requests Work to be done.

Where payment for Work, and/or the Setup Fee, is made by any payment method, including, but not limited to cheque, cash, credit card, debit card, postal order, bankers draft, money order, direct bank transfer, online transfer, BACS, chaps, standing order and/or direct debit, the Works and/or Setup Fee are deemed to have been paid for when cleared funds are received by us.

If a cheque is returned unpaid by a bank for any reason, a charge of £12 will be added to Your outstanding balance, and You will be requested to submit another payment for the outstanding balance.

We reserve the right to require that any credit card and/or debit card payments must be made via PayPal.

We reserve the right to add a 4% surcharge to credit card and/or debit card payments.

We reserve the right to store components of a Client’s Pay-as-You-Go Website within Our web space, and should a Subscription for said Pay-as-You-Go Website become ‘late’ as set out within these Terms and Conditions, we reserve the right to remove said components from the Internet, effectively rendering the Pay-as-You-Go Website non-functioning.

Fee Quotations

Where quotations are given, they are limited to the Work listed on the quotation. Any other Works that the Client subsequently requests will be subject to appropriate additional charges.

Our fees are not subject to V.A.T. at this time.

Where Work is subcontracted by Us to a third party, and/or where We purchase items including, but not limited to, Products, software and/or services on behalf of the Client, V.A.T. may be charged by that third party for those items.

Quotations are valid for 30 days from the quotation date.

Fees for additional Work contracted (including but not limited to website Maintenance) are subject to change without notice at any time.

Late Payment

Monies owed to Us by the Client are deemed to be 'late' if cleared funds are not received within one (1) calendar month from the invoice date for Custom Website design, Pay-as-You-Go Website Setup Fee and/or Website Maintenance, and within fourteen days for a Pay-as-You-Go Website Subscription Fee payment.

We reserve the right to add interest at the statutory rate of 8% per calendar month at the time the payment becomes late, and for each calendar month thereafter.

We reserve the right to pursue monies owed via the legal system and/or other agencies where monies are owed six (6) calendar months from the date of the invoice.

Designer Credit

The Designer Credit section shall apply to The Process of creating a Commissioned Website and/or a Pay-as-You-Go Website.

We may claim to be the designer of The Website, and/or reserve the right to have appropriate accreditation displayed on The Website.

This accreditation must be displayed for as long as The Website reasonably resembles the design originally supplied, without any other time limitations.

Unless at our request, the accreditation must not be changed by the Client in any way, and must be removed from The Website by the Client only if requested by Us at any time.

We reserve the right to amend the designer credit shown on the Client’s website at any time, and without notice.

Testimonials

Where The Client, potential Client, Viewer, or any other person makes any comment on Us, The Process, The Commissioned Website, the difference between The Pre-Existing Website and The Commissioned Website, The Work, The Proposal, The Contract, Maintenance, a Pay-as-You-Go Website, or The Product, We may, at Our discretion, use such comment within the Content of Our Website and/or any other promotional Materials that We may produce, whether online or offline.

Where such comment is used, We reserve the right to use The Clients, potential Clients, viewers and/or persons initials and geographical location adjacent to the comment.

Where permission is given, We may also use details such as name, title, occupation, Business name, geographical location and/or website address of the person(s) making the comment, adjacent to the comment.

Where we have given a web address, We reserve the right to include a hyperlink to that website.

By making a comment to us, You are acknowledging that You are fully responsible at all times for the content and meaning of such comments.

Malware

We cannot be held responsible for any loss and/or damage to any entity, including but not limited to website(s), data, software, network, computer and/or system due to the effects of malware, including but not limited to viruses, trojans, worms, spyware, botnets, loggers, diallers and/or hackers, at any stage of The Process, at any time. This includes, but is not limited to emails.

Regulations

All Work is supplied on an 'as-is' basis to the fullest extent of applicable laws.

It is the Client's responsibility to ensure that the Works requested will comply with all current law(s), legislation, and/or regulations.

All Work will be carried out in accordance with the Clients requests, and We shall not be held responsible nor liable for any breach of law(s), legislation, and/or regulations.

The Client will be held wholly responsible and liable for ensuring that the Works they have requested will meet with any applicable law(s), legislation, and/or regulations, including but not limited to accessibility, data protection and/or privacy.
It is the Clients responsibility to seek qualified and relevant legal advice at all times.

The Contract is deemed to be an English one governed by English laws. Any action pertaining to this Contract will be heard in English court.

Affiliate Programme

Affiliate commissions shown on the website may vary at any time.

For Custom Designs, the Affiliate commission shall be a percentage of the Custom Website as previously agreed in writing between the Affiliate and Us, and shall become payable at the time that The Client has paid all monies owed for the Custom Website, and cleared funds for all such monies have been received by Us.

For Pay-as-You-Go Websites, the Affiliate commission shall be a percentage of the appropriate set-up fee as quoted on Our Website and/or another amount as previously agreed in writing between the Affiliate and Us, and shall become payable at the time that The Client has paid all monies owed for the set-up fee, and cleared funds for all such monies have been received by Us.

Affiliate commissions shall only be payable to Affiliates who have applied to, and have been accepted onto the Affiliates programme in writing.

The Affiliate shall agree to adhere to all other terms and conditions laid out herein, insofar as said terms and conditions shall consider the Affiliate as a Client of Pixel Webs.

We reserve the right to remove an Affiliate from our Affiliates programme at any time without giving reason and/or notice.

Affiliates shall agree that if they no longer wish to participate in the Pixel Webs Affiliate programme, they shall inform us in writing.

Affiliates shall agree that if they are no longer a part of the Affiliates programme, whether that termination is due to Our termination or the Affiliate's termination of their participation, they must remove all materials, images, text and /or other references to Our Affiliates programme from all of their promotional and/or informational entities, both online and offline.

Payments to Affiliates shall be via PayPal and shall be in pounds sterling (GBP) unless otherwise agreed in writing between Us and the Affiliate.

Should We negotiate a variation of commission percentages with a particular Affiliate for a particular product and/or service, this shall not be deemed as a variation of any other commission percentages for that Affiliate, nor shall it be deemed as a variation in that commission percentage for other Affiliates.

Trademarks and Servicemarks

Any third party trademarks, servicemarks and/or other intellectual properties mentioned and/or shown in Our Website, shall remain the sole intellectual property of the trademark holder, servicemark holder, and/or other intellectual property holder respectively.

Where the Client requests Us to include, show and/or mention any third party trademarks, servicemarks and/or other intellectual properties on The Website and/or any other Material, the Client agrees that they hold the relevant permissions to use those trademark(s) and/or Servicemark(s), and agrees to hold Us not liable for any claim, litigation, losses, damage, and/or lack of profitability, whether as a direct, indirect and/or consequential result of the inclusion or otherwise of such Materials, and agrees to indemnify us, and hold Us free from harm at all times and under all circumstances.

Indemnity and Liability

The Client and/or Third Parties agrees to indemnify Us, and hold Us not liable for any claim, litigation, losses, fees, damage, and/or lack of profitability of the Client, the Client’s business and/or Clientele, Us, and/or any other party, whether or not as a direct, indirect and/or consequential result of the formation of The Website, Product, Maintenance, and/or any other Works, reliance upon any service, correspondence, advice, or part thereof without exception. This agreement shall remain in place and effective, after any Contract and/or other agreement is satisfied, cancelled, fulfilled and/or otherwise ended.

The Client and/or Third Parties agrees to indemnify Us, and hold Us not liable for any claim, litigation, losses, damage, and/or lack of profitability, whether or not as a direct, indirect and/or consequential result of errors and/or omissions in these Terms and Conditions, misinterpretation, misunderstanding and/or other failure to understand these Terms and Conditions, and agrees to indemnify Us, and to hold Us free from harm at all times and under all circumstances.

In any case, the limit of any liability from Us to the Client or any Third Party shall not exceed the fees paid to Us by the Client in the period of ninety (90) days preceding the judgment of liability in court.

The Client shall agree that should a dispute arise, resolution shall, in the first instance and/or as far as reasonably possible, be via mediation.

Force Majeure

Neither Us nor the Client will be liable for any failure to meet respective obligations as set out in these Terms and Conditions where such a failure is as a result of circumstances which could not have been foreseen, and/or avoided through the exercise of all due care.

Examples of these include, but are not limited to...

Natural disasters (including fire, earthquake, volcano, flood, storm, hurricane and/or other natural disaster)
War (whether declared or not), riots, invasion, terrorism, insurrection, revolution, rebellion, civil war
Government action, embargo, strike (or other labour dispute)
Interruption of essential services and/or supplies due to widespread service disruption, outside of the control of the Party concerned (including telephone service, Internet service, and/or electricity supply)

Where a Party defaults their responsibility set out in these Terms and Conditions due to Force Majeure conditions, the defaulting Party must ensure that their requirement to meet with the obligations of the Terms and Conditions set out herein are met as soon as reasonably possible following the cessation of the Force Majeure conditions.

Should either Party wish to cancel the Contract as a result of Force Majeure conditions, they shall be entitled to do so as set out in the cancellations policy within these Terms and Conditions.

Sale of Business

Should Pixel Webs ever be sold as a 'going-concern', then any outstanding Contracts and/or business contacts may be offered as a 'benefit' to the incoming proprietor.

The Client agrees that the incoming proprietor has the right to re-brand the company and/or change the company name, and continue to use any assets as previously set out herein, including but not limited to Contracts, Subscriptions, business contacts, screenshots, testimonials, portfolio, hyperlinks and comments.

The Client agrees that should Pixel Webs remain within the control and/or ownership of Us and/or any other company owned and/or operated by Us, we reserve the right to re-brand the company and/or change the company name, and continue to use any assets as previously set out herein, including but not limited to Contracts, Subscriptions, business contacts, screenshots, testimonials, portfolio, hyperlinks and comments.

Variation of Terms and Conditions

We reserve the right to amend these Terms and Conditions at any time and without notice. It is The Clients responsibility to ensure that they have read and understand the Terms and Conditions displayed herein.

It is the Client’s sole responsibility to keep up to date with the Terms and Conditions by checking back regularly, and by continuing to use Our Website or Services following the publication of updated Terms and Conditions the client shall be deemed to have accepted the amended Terms and Conditions as published.

Should We vary and/or waive any of these Terms and Conditions for an individual Client, and/or any other Party, it will only be upon the agreement of both Parties, and does not indicate that any and/or all other Terms and Conditions shall be varied and/or waived, nor does it imply that the same Terms and Conditions variation and/or waiver shall be granted on a subsequent Project.

Any variation to these Terms and Conditions as applied to an individual Client must be agreed by Us in writing prior to those variations coming into effect.

If any part of the Terms and Conditions contained herein are rendered invalid by a court, the remaining Terms and Conditions shall remain in force.

Copyright of This Website

All Content of This Website is copyright and may not be copied in whole and/or in part without the express written permission of Ourselves.

This website contains material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited.

Trademarks and other copyrighted materials reproduced in this website which are not the property of, or licensed to us, are acknowledged on the website and are the property of their respective owners.

Endorsement and Approval

The inclusion by Us of any Content does not in any way constitute our endorsement and/or approval of that Content, nor any other Content, Product, service and/or information contained on any of the Clients online and/or offline Material.

Outgoing links from This Website and/or any other website, web page, blog or e-mail, do not in any way constitute Our endorsement and/or approval of any website, web page, file, audio, video, blog and/or any other material, and We have no responsibility for the content of the linked to materials of any kind.

Miscellaneous

The rights and protection afforded to Us, and/or the obligations pertaining to the Client as set out herein, shall remain in place following the termination, completion and/or cancellation of any Contract and/or agreement between Us and the Client.

Section headings within these Terms and Conditions are intended as guide only, and should not be deemed to alter and/or vary the content and/or meaning of said Terms and Conditions.

Terms and Conditions- Version 2.04 - published 4th of September 2009