- CONDITIONS OF CONTRACT
No condition or stipulations, which are attached to the customer’s proposal or contract, and which are inconsistent with these terms or which add to or modify them in any way, shall have any effect, unless expressly accepted in writing by 3rd Pixel Ltd at the time of acknowledgement of each separate order. In the absence of such acceptance, the customer shall be deemed to have withdrawn or waived their conditions or stipulations and to contract solely on these terms.
All orders must be in writing.
A) After acceptance, orders shall not be subject to cancellation or alteration, except with the agreement of 3rd Pixel Ltd in writing and signed by a 3rd Pixel Ltd Partner.
B) Cancellation of orders for goods especially made to customer’s specifications cannot be accepted.
C) Cancellation or alteration charges will be applicable, to cover the cost of 3rd Pixel Ltd administration.
A) Agreed payment terms will be set out on the proposal or contract unless otherwise agreed in writing and signed by 3rd Pixel Ltd.
B) All invoices are to be paid within 14 days of issue.
C) If payment is not made in accordance with the agreed terms set out on the order form, 3rd Pixel Ltd reserves the right to charge the customer an additional £35.00 on top of their outstanding invoice every 5 working days after the payment due date.
D) Failure to make due payment for any product, under these terms, or any other contract between the customer and 3rd Pixel Ltd, shall entitle 3rd Pixel Ltd to delay, suspend, or cancel works in whole or in part at its option, or withdraw account facilities.
E) If account facilities are withdrawn, then all outstanding invoices will immediately fall due for payment, and a demand as such will be made at the time of withdrawal of these facilities.
F) No work will be undertaken until at least a 50% deposit is received unless otherwise agreed. All print, print design, signage and similar products require a 100% upfront payment.
G) Customers who choose to make their own hosting arrangements must pay 100% payment upfront and check with 3rd Pixel Ltd that their chosen hosting package is compatible with 3rd Pixel Ltd’s software. 3rd Pixel Ltd will not be held responsible for any problems that are encountered due to hosting that has been arranged by the customer. If hosting has been arranged by the customer 3rd Pixel Ltd are not responsible for any further payments that may incur to upgrade or change the customer’s current hosting package.
A) All 12 month contracts expire 12 months after the date that an order was placed. This includes hosting, domain names, emails, Search Engine Optimisation (SEO), maintenance and other annual packages. If a customer wishes to stop using 3rd Pixel Ltd’s services after the agreed contract period it is their responsibility to cancel any standing orders, otherwise 3rd Pixel Ltd will continue to carry out the monthly site work that was set out in the initial order as part of our on-going maintenance scheme. 3rd Pixel Ltd will not give any refunds to customers who have forgotten to cancel their standing orders.
B) 3rd Pixel Ltd have the right to cancel all services if the customer has not made a renewal payment within 30 days of the agreed renewal date. This includes the cancellation of domain names.
- RETENTION OF TITLE
The property and title to the goods shall remain with 3rd Pixel Ltd, until such time as all sums owing for and in respect of the goods have been received from the customer by 3rd Pixel Ltd.
- DESIGN /DATA
A) All content including designs and artwork remain the property of 3rd Pixel Ltd unless agreed in writing. 3rd Pixel Ltd will retain all Intellectual Property rights in all materials created by 3rd Pixel Ltd excluding those materials and software that have been created by third parties under Open Source Licenses. We reserve the right to use design styles and methods in multiple applications and for a variety of usage unless stipulated in writing by 3rd Pixel Ltd at the time of orders placed.
B) Some products provided by 3rd Pixel Ltd will contain materials, such as images, that have been purchased from third parties. 3rd Pixel Ltd purchase a licence to use these materials but does not own them and therefore once a customer has paid 3rd Pixel Ltd in full the customer does not have ownership of these materials.
C) Excluding services paid for on a monthly basis, 3rd Pixel Ltd will not put a website live until the deposit has been paid for in full.
D) Some of 3rd Pixel Ltd services can be paid for on a monthly basis (including SEO). This is to be paid by standing order on the 1st of the month using the account details provided by 3rd Pixel Ltd. These services are based on a 12 month contract. All web related content including designs and artwork remain the property of 3rd Pixel Ltd. Until the contract period is fulfilled and all monies due to 3rdPixel have been paid by you then, 3rd Pixel Ltd have the right to suspend the customer’s website and any other additional services.
E) 3rd Pixel Ltd should be made aware of sensitive data when the order is placed as 3rd Pixel Ltd cannot be held responsible for data theft or copying unless notified in advance.
F) Once a website has been completed and all payments due have cleared the website and all of its content is solely the responsibility of the customer. For example, if the website does not pass W3C standards 3rd Pixel Ltd will not be held responsible. Any content that goes against copyright and any other laws will also be the customer’s responsibility.
G) 3rd Pixel Ltd cannot be held responsible for any technical problems that affect the appearance and functionality of a website due to software upgrades. This also includes new additions of web browsers and other advances in technology. After we have received the full payment any changes to a website will incur an additional cost.
H) 3rd Pixel Ltd will only perform browser testing in Google Chrome, Microsoft Edge and Firefox
I) 3rd Pixel Ltd will only test HTML emails in what they perceive to be the most popular email clients and cannot be held responsible for any differences in design from one email client to the next.
A) We shall use our best endeavours to provide you with general advice about our goods.
B) The responsibility for ensuring that goods are sufficient and suitable for your requirements is your sole responsibility.
- LOSES / HACKING
A) While 3rd Pixel Ltd will use its best endeavours to meet any stated delivery dates, time shall not be the essence of the contract and 3rd Pixel Ltd shall not be liable for any loss or damage whatsoever, resulting directly or indirectly from late completion.
B) 3rd Pixel Ltd cannot be held responsible for any type of data or financial loss. This includes viruses, hacking and administrative errors. It is the responsibility of the customer to check for technical and visual errors on all websites. This includes ensuring that product and service descriptions as well as tax, delivery and other charges are correct. 3rd Pixel Ltd cannot be held responsible for any of the above errors.
C) 3rd Pixel Ltd cannot be held responsible for the loss or damage of files or data during the transfer of a website from an existing host. It is the customer’s responsibility to ensure that all files and data are backed-up.
D) 3rd Pixel Ltd takes hacking / attacks / viruses and any type of malicious intent to customer’s websites very seriously. 3rd Pixel Ltd cannot be held responsible for any type of loss during a hack / attack or there malicious intent and it is the customers responsibility to take measures to restore their website. During a malicious attack the website may be taken offline until it is deemed safe to be put back online.
E) 3rd Pixel Ltd shall not be liable (whether such liability arises in contract, tort (including negligence) or otherwise) for:
(i) any loss of profit, loss of or damage to data, loss of anticipated savings or interest, loss or damage to reputation or goodwill or any indirect, special or consequential damages, loss, costs, claims, or expenses of any kind; and/or
(ii) Any loss arising from a failure or delay in performing its obligations under this Agreement to the extent that such failure or delay was caused or contributed to by an act or omission by 3rd Pixel Ltd.
(iii) Both 3rd Pixel Ltd and our hosting partner makes no guarantee to defend a customer’s website from a denial of service (DDOS) attack.
Notwithstanding any of the terms of this Agreement, you are required to and solely responsible for maintaining the confidentiality and security of the passwords used to access your account, the Service and the Peripherals. Any and all activity that occur under your username and password will be considered done by you and you bear sole responsibility for that activity. 3rd Pixel Ltd shall not be liable for any loss or damage arising from or otherwise related to your failure to maintain control over access to your password or username, the hosting account, the WordPress Platform, the Service or the Peripherals, whether due to your own negligence or for any other reason. As a rule-of-thumb, it’s best that you change all of your passwords periodically and at any time you think that any of your other usernames or passwords have become compromised.
A) All subscription (pay per month) based website packages include hosting from the date the order is placed. For non subscription based web site packages other annual fees may be charged such as hosting, domain renewals and domain transfers. 3rd Pixel Ltd retains the right to change these fees at any given time.
B) If customers opt for 3rd Pixel Ltd to setup hosting for your website, 3rd Pixel Ltd has the right to charge an additional fee if your website’s bandwidth or file space exceeds what 3rd Pixel Ltd considers reasonable.
C) You may be charged extra for email accounts, SQL databases and other add-on services and products.
D) 3rd Pixel Ltd cannot be held responsible for the failure of email setups on computer, phone or other electrical devices.
E) The project price will cover the agreed / proposed work that is detailed in the proposal, specification or quotation only. Should the client decide that further features or changes are required after work on the website commences that was not included within the original proposal, specification or quotation, then these changes can be accepted with the provision that additional charges may have to be negotiated or re-quoted for to cover the additional work.
- SEO AND MAINTENANCE PACKAGES
A) If a customer signs-up for a 12 month SEO or maintenance packages it is their responsibility to cancel their standing order once the 12 month contract comes to an end. No refunds will be given if customers fail to cancel their standing order and they will automatically be moved onto a monthly contract.
B) Customers who have signed-up for a pay per month package, must ensure that a payment is made on or before the 1st of every month, unless another date has been agreed in writing by an 3rd Pixel Ltd Partner.
C) By agreeing to the contract/proposal customers automatically give their permission for 3rd Pixel Ltd to put links on their website to other company websites. This is to aid the service that we offer.
D) By signing the order form SEO customers automatically agree to allow 3rd Pixel Ltd to give out their personal business details including contact name and contact details to other companies. This is to aid the service that we offer.
E) SEO customers will not be allowed to change their key phrases until the agreed contract period has come to an end.
F) Customers who are on a maintenance package agree to submit a request for work to be carried out to their website at least 48 working hours before they wish for the updates to be carried out.
G) Customers who sign up for a Pay Per Click SEO package are tied into a contract with 3rd Pixel Ltd for at least 3 months. Payment for these is required upon order. If a customer wishes to continue their contract after the initial 3 months they agree to pay for 1 month’s Pay Per Click in advance to 3rd Pixel Ltd, these payments are non-refundable. 3rd Pixel Ltd will charge a customer an initial setup fee as well as a monthly agreed admin fee. Google AdWords campaign set up costs is a fixed price with a maximum AdWords daily budget of £65. If a customer requests any changes to the Pay Per Click campaign an additional admin fee will be charged. Customers who sign up for a Pay Per Click campaign are not guaranteed exposure on Google 100% of the time, as an advert may disappear for a number of reasons that are out of 3rd Pixel Ltd control such as a customer’s budget runs out.
H) For customers on any type of SEO package, 3rd Pixel Ltd do not guarantee what position on Google’s search results pages a customer’s website will appear.
I) All maintenance packages (unless otherwise agreed in writing by 3rd Pixel Ltd) include up to 1 hour worth of website updates per month.
J) All maintenance and natural SEO packages do not allow for updates to be made to the layout and design of websites.
A) 3rd Pixel Ltd have a multiple reseller account with UK based hosting companies. Customers that sign-up for a hosting package with 3rd Pixel Ltd acknowledge that 3rd Pixel Ltd use a third party company for their hosting services.
B) 3rd Pixel Ltd’s standard web hosting included with your subscription package comes with 500MB of web space, 5 Mailboxes and 3 MySQL databases. If customers exceed these limits or require more space or additional services, they will be charged accordingly.
C) 3rd Pixel Ltd have the right to charge a customer an additional fee if 3rd Pixel Ltd feel that the customer’s website is using up an excessive amount of bandwidth.