Acceptance: It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a client orders a product or service or accepts an estimate or quote, then the Client will be deemed to have satisfied themselves as to the terms herein and have accepted these terms and conditions in full.
Client Review: PIXO will provide the Client with an opportunity to review the development of an installation or custom job with a link to the development site, when the project is at the stage for the client to review. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies PIXO. PIXO supports the last 2 versions of each browser (what Google supports). We cannot guarantee the site will work correctly on old versions of browsers
Completion Date: PIXO will install and post or supply the Client’s project by the date specified in the project proposal, or at a date the Client agrees with upon PIXO receiving initial payment, unless a delay is specifically requested by the Client and agreed by PIXO. The Client agrees to delegate a single individual as a primary contact to aid PIXO with progressing the design and/or development tasks in a satisfactory and expedient manner throughout the whole project. Timelines are contingent on the Client’s quick responses and approval of concepts, edits, and information needed to complete the project. PIXO cannot be held responsible for delays caused by non-responsive Clients. If the client does not supply complete text, information and graphics content of all web pages contracted for within six weeks of the date the contract is signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within three months after signing of the contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the web site is complete. The client must provide a snag list within 14 days of sign off, thereafter the site is deemed to be completed and accepted by the client and any further changes will be billed. Hosting charges of the development site will apply from the setup date.
Content: The content of the Web pages will be supplied by the client and executed as specified by the client. Text must be supplied by the client electronically in the final form, please note that our services do not include editing or proof reading. Photos and other misc. graphic images supplied by the client must be supplied as: JPEG, GIF, BMP or TIFF file. Layout and navigation will be done according to PIXO standards, anything unusual must be requested upfront.
Module installations: An installation or module customisation performed by PIXO will be limited to a single store-view unless otherwise agreed. Complex modules are often used in eCommerce websites. These modules can easily be involved in class conflicts with other modules. PIXO will install requested modules but is not responsible for conflicts with other modules already existing in the Client’s store.
3rd Party Code: We will NOT provide FREE support and/or troubleshooting assistance for any plugins, video/site links, extensions, template themes or any other software products/issues that may have expired or require upgrading.
Post-Placement Alterations: PIXO cannot accept responsibility for any alterations caused by a third party or by the client, occurring to the site pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
Domain Names: PIXO may purchase domain names on behalf of the Client, in which case we will take care of the pointing/redirecting of any domain names as required to a site. PIXO will email the Client prior to renewal date to make sure the Client would like us to renew their domain name for another year. If the domain name is purchased by the Client for us to link to the site, payment and renewal of those domain names is solely the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of PIXO. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Development Server: PIXO will not work on a live/production server unless the changes are considered in our opinion to be minor. The Client agrees to a development server to be available with an exact copy of the production environment. PIXO reserves the right to invoice the Client for hosting of the development server. PIXO is responsible for transferring changes from the development server to the Client’s live server.
Payment of Fees: This quotation is valid for 30 days. Fees to PIXO are due and payable on the following schedule: 50% upon signing the contract, 50% when the web pages have been constructed or set up has been done according to the client’s original written specifications. If the total amount of the contract is less than R1000.00, the total amount shall be paid upon signing the contract. In case the client has not secured web space on an Internet Service Provider computer by the time the web pages are completed, the web pages may be delivered to the client on diskette or attached to an e-mail message. All payments are non-refundable. We make every effort to make the initial estimate as accurate as possible with the information provided. However, the estimate is only an estimate. If additional requirements are added or scope creep occurs during the course of the work, we will make the Client aware of any changes to the original estimate before the work is done so that there are no surprises at the completion of the project. Additional enhancements including, but not limited to stock-photos, extensions/plug-ins and custom development will be billed in addition to the existing quote.
If an amount remains delinquent 30 days after its due date, PIXO reserves the right to remove web pages from viewing on the internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred by that process.
Legal: PIXO does not warrant that the functions contained in the web pages or the Internet web site will meet the client’s requirements or that the operation of the web pages will be un-interrupted or error-free. The entire risk as to the quality and performance of the web pages and web site is with the client. In no event will PIXO be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or web site, even if PIXO has been advised of the possibility of such damages. PIXO is not responsible for non performance due to hardware or communication failures or any factors beyond its control including, but not limited to strikes, riots, acts of God, or of force majeure. PIXO may at any time withdraw its services without prior notification. Should any disputes arise, the client will be held liable for any costs incurred, legal or other.
PIXO hereby excludes itself, its employees and/or agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
2. Loss or damage caused by omission;
3. Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
4. Loss or damage to Clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise;
5. The entire liability of PIXO to the Client in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this agreement in respect of which the breach has arisen.
Copyrights and Trademarks: The client represents to PIXO and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to PIXO for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements. All PIXO services may be used for lawful purposes only. The Client agrees to indemnify and hold PIXO harmless from any claims resulting from the Client’s use of our service that damages the Client or any other party.
PIXO reserves the right to use in any way it sees fit any programming tools, skills, code and techniques acquired or used by the developer in the performance of customisations for the further development of its modules. The copyright and all other intellectual property rights in the software (in both source and object code), the software documentation, the functional specification and all other listings, specifications, and documentation relating to any customised software shall remain PIXO’s property. PIXO warrants and represents that to the best of our knowledge, the creative work developed is original and has not been previously published, or that consent to use has been obtained in writing on an unlimited basis. The Client expressly agrees that it will hold PIXO harmless for all liability caused by the Client’s use of creative products or its strategic partners, to the extent of such use infringes on the rights of others.
Copyright to the finished assembled work of web pages produced by PIXO, is owned by PIXO. Upon final payment of the contract, the client is assigned rights to use as a web site the design, graphics, and text contained in the finished assembled web site. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners.
PIXO reserves the right to feature the project we have worked on under our portfolio and also a discreet link to PIXO’s Site in the Client’s website footer unless other agreements have been outlined between the Client and PIXO
PIXO reserves the right to make changes to these terms at any time.
Terms and Conditions are effective upon the date the first invoice is paid.