TERMS & CONDITIONS
We will always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
The following Terms and Conditions of Service apply to all products and services provided by Pixel Yeti Media (hereinafter referred to as Pixel Yeti) and in the event of any dispute are governed by the laws of England.
All work is carried out by pixel yeti on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Pixel Yeti 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 designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Pixel Yeti unless specifically agreed in writing.
*You:* You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work in two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out in this contract.
PROJECT ACCEPTANCE
At the time of proposal, Pixel Yeti will provide You with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Pixel Yeti website.
A copy of the written estimate or quotation is to be signed and dated by You to indicate acceptance and should be returned to Pixel Yeti.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
DESIGN CHARGES
Charges for design services to be provided by Pixel Yeti will be set out in the written estimate or quotation that is provided to You. At the time of You’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
SOURCE FILES
We will supply proofs and PDF files as appropriate for printing, or other graphics files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, or other source files or raw code; if the Client requires these files for transfer to an in-house or another designer, they will be subject to a separate quotation or ‘buy-out’ charge.
CHARGES FOR OTHER SERVICES
Charges for any additional services requested during the project that are over and above the estimated time or out of scope will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
PAYMENT
You will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and You will also be required to sign and return the Approval Form or signify approval by email to Pixel Yeti.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge of 10% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card.
Publications and Files created by Pixel Yeti on behalf of the client, may not take place before cleared funds have been received.
Pixel Yeti reserves the right to consider an account to be in default in the event of delayed or withheld payment.
DEFAULT
An account shall be considered default if it remains unpaid for 40 days from the date of invoice, or following a returned cheque. Pixel Yeti shall be entitled to remove Pixel Yeti ‘s and/or You’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 You of its obligation to pay the due amount, and will still incur interest charges until the balance has been paid.
Yous whose accounts become default agree to pay all Pixel Yeti ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
COPYRIGHTS AND TRADEMARKS
By supplying text, images and other data to Pixel Yeti for inclusion in You’s website or another medium, You declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with You, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Pixel Yeti on behalf of You, will remain the property of Pixel Yeti and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to You solely for the project defined in the scope or request and not for any other purpose.
You may request in writing from Pixel Yeti, the necessary permission to use materials (for which Pixel Yeti holds the copyright) in forms other than for which it was originally supplied, and Pixel Yeti may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not Pixel Yeti.
By supplying images, text, or any other data to Pixel Yeti, You grants Pixel Yeti permission to use this material freely in the pursuit of the design.
Should Pixel Yeti, or You 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, You will agree to allow Pixel Yeti to remove and/or replace the file on the site.
You agree to fully indemnify and hold Pixel Yeti free from harm in any and all claims resulting from You in not having obtained all the required copyright, and/or any other necessary permissions.
ALTERATIONS
You agree that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
You also agree that Pixel Yeti 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 You by Pixel Yeti, or any of its 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 Pixel Yeti 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.
Pixel Yeti will not be held responsible for any and all damages resulting from such claims.
Pixel Yeti is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. You agree not to hold Pixel Yeti responsible for any such loss or damage.
Any claim against Pixel Yeti shall be limited to the relevant fee(s) paid by You.
DATA FORMATS
The client agrees to Pixel Yeti’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Pixel Yeti in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Pixel Yeti via e-mail / FTP / Dropbox. Images must be of a quality suitable for use without any subsequent image processing, and Pixel Yeti will not be held responsible for any image quality which the client later deems to be unacceptable.
Pixel Yeti 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, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images
DESIGN PROJECT DURATION
Any indication given by Pixel Yeti of a design project’s duration is to be considered by You to be an estimation. Pixel Yeti cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Pixel Yeti for the initial payment or by date confirmed in writing by Pixel Yeti.
RIGHTS OF ACCESS FOR WEBSITE CONSTRUCTION
The client agrees to allow Pixel Yeti 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.
You also agree to allow Pixel Yeti access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
You agree to supply Pixel Yeti 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
Pixel Yeti considers the design project complete upon receipt of your signed Approval form or signoff email. Other services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
WEBSITE DESIGN ONLY
Pixel Yeti require that an initial home page demo design is approved by You before further site development commences. Once the design demo (s) for the website are approved by You, coding will commence; any changes to navigation items, colours, structure or content that require changes to the initial agreed design may incur an additional charge.
Once web design is complete, Pixel Yeti will provide You with the opportunity to review the resulting work. Pixel Yeti will make up to two set of changes at no extra cost within 14 days of the start of the review period. Minor changes include textual changes and adjustments to the placement of items on pages. Any changes can be notified to Pixel Yeti by e-mail.
Pixel Yeti will consider that you have accepted the original draft, if no notification of changes is received in writing from You, within 14 days of the start of the review period.
HOSTING WEBSITES
Pixel Yeti offers a limited hosting service through out-sourced servers. Pixel Yeti does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Pixel Yeti may request that clients change the type of hosting account used if that account is deemed by Pixel Yeti to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Pixel Yeti’s virtual server are due at the commencement of any period of service and are non-refundable.
Fees due to third party hosting organisations are the responsibility of the client and Pixel Yeti is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of You / domain owner., unless purchased by Pixel Yeti.
DOMAIN REGISTRATION
Pixel Yeti cannot guarantee the availability of any domain name. Where Pixel Yeti 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 and regular updates by Google to their algorithms, Pixel Yeti 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. Pixel Yeti recommend that Yous use a professional SEO company and are happy to provide details of such companies, but can not accept responsibility for their services.
DESIGN CREDITS
You agree to allow Pixel Yeti to place a small credit on printed material exhibition displays, advertisements and/or a link to Pixel Yeti own website on You’s website if we so chose. This will usually be in the form of a small line of text placed towards the bottom of the page.
You also agree to allow Pixel Yeti to place websites and other designs, along with a possible link to the client’s site on Pixel Yeti’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
RIGHTS OF REFUSAL
Pixel Yeti 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. Pixel Yeti also reserves the right to refuse to include submitted material without giving a reason. In the situation where any images and/or data that Pixel Yeti does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, You are obliged to allow Pixel Yeti to remove the contravention without hindrance, or penalty. Pixel Yeti is to be held in no way responsible for any such data being included.
CANCELLATION
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Pixel Yeti 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 deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Pixel Yeti within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
If the project has been paid in full or in part at the start of the project, Pixel Yeti will invoice you for the work carried out, and refund the difference in payment, if any back to You.
DISCLAIMER
Pixel Yeti makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Pixel Yeti will not be held responsible for any and all damages resulting from products and/or services it supplies. Pixel Yeti 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. You agree not to hold Pixel Yeti responsible for any such loss or damage. Any claim against Pixel Yeti shall be limited to the relevant fee(s) paid by You.
Pixel Yeti reserves the right to use the services of sub-contractors, agents, and suppliers and any work, content, services and usage are bound by their Terms and Conditions. Pixel Yeti will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Pixel Yeti 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. Pixel Yeti 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. Pixel Yeti reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
ACCEPTANCE OF TERMS AND CONDITIONS AND QUOTATION
The placement of an order for design and/or any other services offered by Pixel Yeti, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.pixelyetimedia.com/terms-conditions/