Innovative communications tools

The following Terms and Conditions of Service apply to all products and services provided by Pixielight sprl. All work is carried out by Pixielight on the understanding that the client has agreed to Pixielight's terms and conditions. Copyright is retained by Pixielight on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by Pixielight as fulfilling the contract. All other designs remain the property of Pixielight, unless agreed in writing that this arrangement has been changed.

Project Acceptance

At the time of proposal, Pixielight sprl will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on this website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Pixielight. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Pixielight's terms and conditions. No work on a project will commence until either document has been received by Pixielight.

Charges

Charges for services to be provided by Pixielight will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable first payment of 40%, or the amount specified in the agreement, will become immediately due. Work on the project will not commence until Pixielight has received this amount. Larger projects may include a second stage where 30% of the fee will become due. Here again, work on the project will not continue until Pixielight has received this amount.

Payment

The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to Pixielight. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount with an immediate minimum charge of €50.
Payments may be made in cash to a Pixielight representative as agreed or by electronic bank transfer to Pixielight’s Belgian account 860-1094242-64 – BIC SPAABE22 – IBAN BE29 8601 0942 4264.
Publication and/or release of work done by Pixielight on behalf of the client may not take place before cleared funds have been received.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Pixielight shall be considered entitled to remove Pixielight’s and/or the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it's obligation to pay the due amount. Customers whose accounts become default agree to pay Pixielight reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to Pixielight for inclusion in the customer's website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Pixielight on behalf of the customer, will remain the property of Pixielight and/or its suppliers.
The customer may request in writing from Pixielight, the necessary permission to use materials (for which Pixielight holds the copyright) in forms other than for which it was originally supplied, and Pixielight may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to Pixielight, the customer grants Pixielight permission to use this material freely in the pursuit of the design.
Should Pixielight, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Pixielight to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Pixielight free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission.

Alterations

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that Pixielight holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by Pixielight, or any of it's contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Pixielight and any of its relevant sub-contractors.
All design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Bruce, Davis Associates will not be held responsible for any and all damages resulting from such claims. Bruce, Davis Associates is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Pixielight responsible for any such loss or damage. Any claim against Pixielight shall be limited to the relevant fee(s) paid by the customer.

Data Formats

Text is to be supplied to Pixielight in electronic format as standard text (.txt), MS Word (.doc) on a memory stick, or CD-ROM, or via e-mail.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Pixielight via memory stick, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Pixielight will not be held responsible for any image quality which the client later deems to be unacceptable. Pixielight cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including photography, video, media conversion, digital image processing, or data entry services.

Design Project Duration

Any indication given by Pixielight of a design project's duration is to be considered by the customer to be an estimation. Estimated project duration should be deemed to be from the date that cleared funds are received by Pixielight for the initial payment or by date confirmed in writing by Pixielight.
Any project that has not been completed within 3 months of the agreed deadline for reasons independent of Pixielight’s responsibility (missing information, texts, photos or updates not provided by the client) will be billed at an hourly rate when the work is requested.

Rights of Access for Website Construction

The client agrees to allow Pixielight all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Pixielight access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Pixielight with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion

Pixielight considers the design project complete upon receipt of the customer's signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

Website design

Once web design is complete, Pixielight will provide the customer with the opportunity to review the resulting work. Pixielight will make one set of changes at no extra cost within 14 days of the start of the review period. Changes include small textual changes and adjustments to placement of items on the page. Pixielight will consider that the client has accepted the original draft if no notification of changes is received in writing from the customer within 14 days of the start of the review period.

Hosting websites

Pixielight does not offer in-house hosting services. Pixielight can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Pixielight may request that clients change the type of hosting account used if that account is deemed by Pixielight to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the client and Pixielight is not liable for their payment.

Domain Registration

Pixielight cannot guarantee the availability of any domain name. Where Pixielight is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site's ranking, Pixielight cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.

Design Credits

The customer agrees to allow Pixielight to place a small credit on printed material exhibition displays, advertisements and/or a link to Pixielight's own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Pixielight to place websites and other designs, along with a link to the client's site on Pixielight’s own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal

Pixielight will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Pixielight also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Pixielight does include in all good faith, and then finds out that contravenes these Terms and Conditions, the customer will allow Pixielight to remove the contravention without hindrance, or penalty. Pixielight is not to be held responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Pixielight will need formal notification in writing to the company's postal address. The client will then be invoiced for all work completed over and above the non-refundable first payment that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note that any cancellation which is not formally confirmed in writing and received by Pixielight within 14 days of such instruction being issued, may be liable for the full quoted cost of the project.

Disclaimer

Pixielight makes no express or implied warranties for products and/or services that it supplies. Pixielight will not be held responsible for damages resulting from products and/or services it supplies. Pixielight is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Pixielight responsible for any such loss or damage. Any claim against Pixielight shall be limited to the relevant fee(s) paid by the customer.
Pixielight reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Pixielight will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Pixielight and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Pixielight recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Pixielight reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Quotation and Terms and Conditions

The placement of an order for design and/or any other services offered by Pixielight and validated by the customer's signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Pixielight sprl.