TERMS & CONDITIONS 2024 TERMS

NOTICES

This document is set out between PixelDat.US, of ADDRESS and the client who purchases any provided services.

This document was created on 07/12/2024 and is effective from this date.

Our Terms & Conditions become active when any of the following conditions are met: The client has accepted our Quotation or Project Proposal. The client has placed an order. The client has signed their Contract (if required). The designing/development process has started. The client has made a payment towards the services.

By placing an order for products or services offered by PixelDat.US, you acknowledge and accept the terms outlined in this document. These services encompass, but are not limited to, design, printing, web services, domains, and hosting, all of which are subject to these new terms.

These updated terms override any previously signed Terms & Conditions you may have received or signed.

By signing, you agree not to utilise this document as a means to challenge or contradict any provision(s) term(s) in the contract you have previously signed.

Signing this document is a mandatory requirement. However, accepting these terms and conditions through postal mail, in person, or via email (with a link to view) is also considered as an agreement to our Terms & Conditions.

By signing, you acknowledge and agree that we have the right to modify these Terms & Conditions at any time without requiring your signature. It is your responsibility to stay informed about any updated Terms & Conditions. We will notify you of such changes via email. Please note that these modifications do not impact your legal rights as outlined by the applicable statutes.

As the economy is constantly evolving, our Terms & Conditions remain dynamic. Therefore, we may send you monthly emails containing relevant updates pertaining to your business. These updates could include information about price adjustments, ICO reminders, and revisions to our Terms & Conditions

DEFINITIONS

DEFINITIONS

[1st SIGN OFF] shall refer to the PROJECT BRIEF sign off by the client. [2nd SIGN OFF] (if required) shall refer to the PROJECT PROPOSAL sign off by the client. [3rd SIGN OFF] (if required) shall refer to sign off by the client for any mock-ups that the client has chosen for further design and development. This can refer to more than one item. Multiple signatures will be required for multiple items of artwork. [4th SIGN OFF] or [FIRST DRAFT] shall refer to sign off by the client for any first draft finished artwork or product awaiting feedback. This can refer to more than one item. Multiple signatures will be required for multiple items of artwork. [5th SIGN OFF] shall refer to the final signature for accepting any finished artwork. [AGREEMENT] shall mean the legal contract between PixelDat.US and the client. [ARTWORK] shall refer to either digital artwork in AI, PDF, JPG, PNG and web design and development. [PROJECT BRIEF] or [BRIEF] shall mean the brief or original requirements from the client. [COMMENCE DATE / EFFECTIVE DATE] shall mean project start date. [CLIENT] or [CLIENTS NAME] or [YOU] shall refer to the client. [DEVELOPER] or [DESIGNER] or [WE] or [US] always refers to PixelDat.US. [DELIVERABLES] or [END PRODUCT] shall refer to the final product. [PARTIES] shall mean PixelDat.US & the client and/or any other company. [PROJECT] or [PROJECT SCOPE] or [PROJECT PROPOSAL] shall mean the clients brief in relation to the services we are carrying out. [SERVICE] or [SERVICES] shall mean the tasks carried out by PixelDat.US fulfilling the project summary.

  1. ARTWORK

1.1. ARTWORK. PixelDat.US will create mock-ups based on the client’s requirements and preferences set out in the [PROJECT BRIEF] provided by the customer/client.
A. We will aim to match the [PROJECT BRIEF] as best as possible. There may be at times slight variants from the design(s) to the finished product. Variation will occur if PixelDat.US recommends an improvement to layout, responsiveness or workflow of the product or design provided to the client. The final proposed design will require client sign off and review before any further artwork or progress can begin. Our initial design, presented in our PROJECT PROPOSAL, will predominantly be a static illustration of the product. B. The design(s) will be in accordance with the [PROJECT BRIEF] and [PROJECT PROPOSAL] set in above sections. C. The final design of any artwork will require client sign off before any further development can begin or passed over to the client. We will only carry out 3 full design layout changes, additional changes will be chargeable. Minor changes such as colours, fonts, imagery, and minor CSS will not be chargeable.
D. If there is a request to change the design after the design(s) have been signed off, then this will result in additional charges. E. The client may not modify any final design that has been signed off without our consent and any changes will result in additional charges. G. Feedback. The client will have plenty of opportunities to review our work and provide feedback (set out in the DATES section). Artwork feedback must be provided to us no later than 10 days after artwork submission.

1.2. The client will have plenty of opportunities to review our work and provide feedback (set out in the DATES section). We will either share a Dropbox link or email PDF documents. Please ensure you have Adobe Reader installed. If, at any state you change your mind about what you want to be delivered or want to change your designs, we will raise an invoice either for our time on the project design so far or raise an invoice for a design change. By signing you agree to these additional charges which are at the developer’s discretion.

  1. WEB DESIGN

2.1. WEB DESIGN. PixelDat.US will create mock-ups based on the client’s requirements and preferences set out in the PROJECT BRIEF provided by the customer/client.
A. We will aim to match the [PROJECT BRIEF] as best as possible. There may be at times slight variants from the design(s) to the finished product as the design will have to be coded and such browser issues, or rendering may cause a slight variation. The final proposed design will require client sign off and review (FIRST SIGN OFF) before any development or progress can begin. Our designs will predominantly be an illustration of the product. B. The design(s) will be in accordance with the [PROJECT BRIEF] and [PROJECT PROPOSAL] set in above sections. C. The final design of any artwork will require client sign off before any further development can begin or passed over to the client. D. If there is a request to change the design after the initial design(s) in the [PROJECT PROPOSAL] has been signed off, then we can provide 3 further mock-ups. Additional design options will be chargeable. Minor changes such as colours, fonts, imagery, and minor CSS will not be chargeable. E The client may not modify any final design that has been signed off without our consent and any changes will result in additional charges and may delay the deadline for project completion. G. Feedback. The client will have plenty of opportunities to review our work and provide feedback (set out in the MEETING & REVIEW section).

  1. DEVELOPMENT

3.1. DEVELOPMENT USING HTML, CSS, JAVASCRIPT, PHP. If we are developing a website for the client above, we will only use the following coding languages. We will always use the best and robust platforms for your project. We will not provide you with the original source files for such systems we develop and build.
A. DESIGN. We agree to develop the design as agreed [PROJECT BRIEF] and [PROJECT PROPOSAL]. B. CUSTOM FUNCTIONS. We agree to develop the custom functions as set out on the [PROJECT BRIEF] and [PROJECT PROPOSAL] as best to our knowledge, experience, and ability. We cannot be liable for any unforeseen situations where custom coding conflicts with other codes that are part of the system that has been built. These will duly be resolved as quickly as possible during development. The CMS (Content Management System) that we use may require third-party application (plugins, widgets, components) to ensure smoothness of this custom function. After hand over of the project to the client’s internal team of web developers or other staff, we will not be liable for any errors, glitches that arise either from staff installing third-party applications on the website or when staff adjust settings that they are not familiar with. Development of such websites may render differently to original mock-ups, and we aim to be as close as possible. We reserve the right to assign subcontractors in whole or as part of a project if needed.

  1. ON SCREEN & PRINTING

4.1. TEXT. Unless agreed we are not responsible for inputting text or images on to the website on every page that is outside the original project summary. Any text submitted to us must be in a DOCX or PDF format. We do not accept any text sent to us in the body of an email. Further, we do not accept any liability for any spelling errors in the text that you send to us. We can provide a quotation for copywriting unless specified in our [AGREEMENT] and [PROJECT PROPOSAL].

4.2. GRAPHICS AND PHOTOGRAPHS. We will use stock images on our design at concept stage and on development stage. This will assist you to determine the placement of images and we will require the client to provide the images or ask us to purchase the images. We will not be liable for the client to use such images should they ignore the request to purchase the licence. If you would like us to take photographs, we can arrange this service which will be quoted separately and using 3rd party services. This service will include consultation, editing and submission.

4.3. ADOBE ILLUSTRATOR, ADOBE INDESIGN. This contract prevents you from obtaining all original source files that we have created for your project. You will only get the final ‘ready to print’ file. We will always work to a CMYK printing profile standard when submitting any artwork to a commercial printing firm.

4.4. BUSINESS CARDS, COMPLIMENT SLIPS, LETTER HEADS, FLYERS, BROCHURES. If business cards, compliment slips or letter heads are part of the quotation, then we will design and quote separately for printing. We do not accept responsibility for any printing errors. The client will always be provided with a ‘ready to print’ proof and acceptance is required before any artwork is submitted to the chosen commercial printing firm.

4.5. PRINTING. PixelDat.US reserves the right to copyright all preliminary mock-ups and final artwork. Only upon final approval of any visual branding will be considered property of the client. The client will not receive native project files for any design but will receive high resolution reproductions. Any logos designed for the client, including preliminary concepts and draft copies, may not be manipulated, and reproduced by anyone after approval and in use by the client, which would by effect harm the integrity of nature of work carried out by PixelDat.US.

4.6. PixelDat.US uphold the standards within the print industry to provide artwork in a 300+ DPI CMYK print ready, PDF format with 3mm bleed for full pre-press preparation to the client. Due to size, smaller JPG images may be sent by email for approval by the client. We cannot be held responsible for any colour variation experienced by the client viewing artwork on a monitor or mobile device. We cannot be held liable for clients presuming RGB JPG as print ready. If the client submits any artwork produced by PixelDat.US to a commercial printer without our approval, we accept no liability for errors or mistakes in printing due to this. It is in our best interests to communicate with the client’s chosen printing establishment directly, to understand their requirements so that the client’s artwork may be submitted correctly using the chosen digital formats requested by the printing establishment. PixelDat.US cannot be responsible for any printing errors after pre-press artwork that has been approved in writing by the client by email or by signature.

  1. CHANGES

5.1. CHANGES & REVISIONS BEFORE AND AFTER PROJECT COMPLETION.

During Development. Our objective is to create a website or artwork from the [PROJECT BRIEF] and our [PROJECT PROPOSAL] and [MEETINGS & REVIEW] will reflect the work in progress. Of course, we are flexible and understand that sometimes changes are required. A. All changes and modifications to this project specification must be made in writing and delivered to us by email. Any verbal communication of such changes will not be taken seriously. Our phone calls are recorded . B. MINOR. After Site Launch > 6 Months: We will undertake any minor changes including, text placement, image placement, alter navigation menus, spelling errors. We are allowing 1 batch of remedials within the 10-day time frame review window. We will complete these within 7 working days. Once minor changes are made, these may need to be signed off. Further changes or amendments to these items after we have edited these as per request, we will raise an additional invoice for extra amendments. This may delay project end date. C. MAJOR & EXTRA. After Site Launch: We are flexible and can cater to any changes as required. Any new /additional or modified changes that differ to your original design, or quotation, or our project PROPOSAL and summary will delay the project, and we will provide a quotation for these new/modified or extra features to cover expense for such development. New changes must be made in writing. Changes once made, need to be signed off. Additional tasks can be purchased as set out in 10.9, 10.10 and 10.11. If the Change Request alters the scope of the project by more than 20%, the Designer may submit a new proposal to the Client. D. CHANGE TO CUSTOM FUNCTION. If a change is required to a custom function set in [PROJECT PROPOSAL], then this will be chargeable. Changes once made, need to be signed off. Revision of such changes will cause project delay and may be chargeable. Charges depend on the function change.

5.2. Site Launch to 6 Months. We will carry out any minor changes (as described above). Minor is limited to text editing, link editing, updating navigational menus only. No major structure change will be made. Request must be made in writing. After site Launch the client will be given 24 hours to review the site and sign off. At this point no changes can be made as the changes were requested prior the site going live.

5.3. After 6 months. No changes shall be made. We encourage clients to login themselves to adjust their changes or purchase a monthly support service with us. We are flexible and can cater to any minor or major changes as required. Should the client want changes to be made, these will be provided at an hourly cost. See the additional packages at 10.9, 10.10 and 10.11.

  1. TESTING

6.1. SCREEN TESTING. We will test your website (our work) on major browsers such as Google Chrome, Microsoft Edge, Mozilla Firefox, and Apple Safari. We will not test on old browsers such as Internet Explorer. We will do our best to ensure that our codes will function correctly on these browsers but do not accept responsibility if there are slight discrepancies due to the browsers structure in reading and rendering our codes or monitor sizes as we do not have any control over this. We will only tailor for mobile (iPhone 8/X, Samsung S8/9, iPad Air, iPad Mini, iPad Pro, MacBook, Laptop at 16 inches over, 19inch widescreen, 21-inch, 2- inch, 24-inch, and iMacs. Any monitors that are between 1000px to 1500px such as 1024 x 768 or 1280 x 800 we will render the website in a tablet format. We will not customise the site to suit old/out of date monitors. Client accepts that we cannot guarantee correct functionality with all browsers across different operating systems and monitor sizes. We reserve the right to quote for any work involved in changing the website or artwork to work and function on updated browser software or new hosting environments or custom smaller monitor sizes.

6.2. MOBILE TESTING. We will test on popular devices running Android and Apple IOS. We will not test on Blackberry or windows mobile phones. Each mobile phone renders the website differently and we cannot account for differences across mobile devices currently in circulation. Client accepts that we cannot guarantee correct functionality with all browsers across different operating systems. We reserve the right to quote for any work involved in changing the website or artwork to work and function on updated browser software or new hosting environments.

  1. SEO

7.1. SEO. We will inform Search Engines of your URL. It is up to the client to have a marketing plan, online strategy in place to boost position/ranking. We do not guarantee improvement to ranking but pages we develop are accessible to search engines. If a customer takes out a PPC Plan with us, full terms for this will be found on the contract itself.

  1. DOMAINS & HOSTING

8.1. DOMAINS AND HOSTING. PixelDat.US will transfer your domain(s) under your request to our servers. You will also provide access to your current domain and hosting provider, so we can either manage it, or transfer the domain. We will auto renew your domain and hosting each year. You will be subject to annual renew costs which you will be informed 30 days and set intervals prior. Although domains and hosting are renewable every 12 months, you are not bound to remain and can exit