Terms and Conditions of Pixit Design
Below are Pixit Design’s (ABN 21874095452) standard Terms and Conditions
Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before commencing a project with us. By requesting designs and/or services from Pixit Design, you agree to our Terms and Conditions and you are aware that you are entering a binding contract and that payment is required.
The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (client/s) engaging the services of Pixit Design, its contractors, subcontractors and employees unless otherwise agreed to in writing by both parties.
General Conditions of Contract
1. These Terms and Conditions cover all contracts entered into by a client with Pixit Design for services relating to design, printing, copywriting, visual media, website design and development, brand identity, illustrations, and images (artwork)
2. These Terms and Conditions are subject to change without notification by Pixit Design.
3. These Terms and Conditions apply to Pixit Design and all of its contractors and subsidiaries.
Original Visual Brief, Variations and Guarantee
4. Pixit Design and the client will attend an initial consultation at no charge to the client. This can be held via phone or in person. A (Visual Brief) will be constructed from the outcome of the consultation and also with images This will assist in the evaluation and formulation of the client’s business design requirements.
5. If no delivery date for final artwork is decided upon and noted during the initial consultation, payment will be required at the time/s detailed in clause (11); the length of time between consultation and delivery of final artwork will have no effect on the requirement to remit funds on invoicing.
6. Upon completion of the first round of artwork based on the original Visual Brief, Pixit Design will provide up to three (3) rounds of revisions/alterations of the client’s artwork.
7. A quote or estimate will be provided by Pixit Design for any additional work, revisions or variations outside of the original Visual Brief and upon the clients agreement, this will amount to the rate of AUD $75 per hour, billed in 15 minute increments. All prices include GST. Additional expenses will be charged accordingly.
Quotations
8. Quotations are generated by Pixit Design on the basis of the Visual Brief and expected time investment. Quotations may be subject to change if additional work is required.
(a). All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.
Payment
9. Pixit Design reserves the right to request a deposit from the client prior to starting work on their project or artwork. Pixit Design requires 50% payment prior to commencement via EFT or Credit Card through Wave Accounting and Stripe invoicing systems which will be submitted to the client. The remaining 50% to be paid prior to final delivery or launch of the project. Prior to the project starting, at the discretion of Pixit Design, an invoice will be generated and delivered to the client via email. By remitting deposit funds to Pixit Design, the client is accepting these Terms and Conditions and entering a binding contract with Pixit Design.
10. If there is an occasion a deposit is not requested prior to work commencing, the client is considered to accept these Terms and Conditions upon agreeing to engage services/work from Pixit Design.
11. Pixit Design reserves the right to invoice the client for the remaining cost of the artwork and associated services at the completion of the service. Pixit Design reserves the right to not proceed with these services until payment has been received in full from the client.
12. Pixit Design reserves the right to invoice prior to the time detailed in clause (11) if the client has been uncontactable / unresponsive for more than 30 days – refer Cancellation & Variation Policy – begins clause (19).
13. Pixit Design reserves the right to invoice for work completed if the project exceeds 60 days.
14. The client reserves the right to request a payment plan which may be accepted by Pixit Design at its discretion. All payment plans must be agreed to both parties in writing.
15. Any prices quoted on Pixit Design’s website and advertising material include GST and exclude delivery and printing unless otherwise stated.
16. All payments are to be made by the due date mentioned on the invoice. Late payment of accounts 14 days beyond the due date will incur a late administration fee of AUD $30 and an additional fee of 2.5% of the original balance owing to be charged monthly for each month the payment is outstanding.
17. Pixit Design is entitled to charge the client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.
18. Pixit Design reserves the right to delete websites with accounts of more than 90 days outstanding payment.
Cancellation and Variation Policy
19. Pixit Design reserves the right to charge additional costs if the client requests amendments to the original Visual Brief, the original project outcome is altered or further artwork is requested – refer clause (5).
20. If the client requests the cancellation of a contract, Pixit Design will determine the cost of artwork and services provided. The client will be invoiced this amount minus any deposits paid on the project to date.
(a). If the determined monies payable is less than the deposit paid, a refund will be issued by Pixit Design to the client for the difference.
21. Pixit Design will declare a project completed if no response is received from client within 30 days of providing a concept artwork and this artwork will be determined as the final accepted artwork. Pixit Design will then invoice the client for final payment of total project and non-payment will result in collection processes. Legal action may also be taken by Pixit Design to recover all monies owed.
Approving Proofs/ Designs/Printing
22. The client is held responsible for approving all artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the client to request another copy if the proof is difficult to read or changes are required.
(a). The client’s final accepted proof is the artwork that will be submitted for prints and/or web construction. There will be no reprints or web development at our expense. Printout of client proof is supplied at intended final print size (100%) to assist in confirming colours, design, bleed, size and type.
Submission of Client Artwork
23. Clients who choose to submit their own artwork, files and/or images are solely responsible for the end result of printing. Customers are reminded to submit print-ready artwork with the correct specifications. We will print the client’s submission as requested however Pixit Design is not responsible for artwork mistakes. Pixit Design is also not liable for supplied file errors. There will be no reprints at our expense.
24. Clients are reminded that when artwork is trimmed, the bleed cut can vary in position from 3 to 5mm, hence a 7mm internal margin from the bleed line is required if the client is supplying artwork.
25. It is the client’s responsibility to ensure that any artwork, images, files and text submitted does not violate Australian copyright laws. Pixit Design and its contractors assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.
Copyright
26. Ownership of copyright over all concepts and draft artwork remains with Pixit Design. This includes, but is not limited to; logos, symbols, compositions and copy. Unlawful use of these artworks by the client is strictly prohibited. The use of artwork prior to payment is illegal. For more information visit http://www.copyright.org.au/information.
27. Artwork designed will remain the property of Pixit Design until the account is paid in full. Future re-print requests of the same artwork will incur a print management fee.
28. Upon full payment of the account, copyright ownership will be transferred to the client. Pixit Design and their designers retain rights to utilise artwork and all design elements for portfolio/self-promotion.
Printing
29. Printing will not commence until full payment for artwork and print services is received. The average turnaround time for printing is 5-10 working days dependent on the product type. This period commences at date of client approval of artwork proof and payment.
(a). All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.
30. With all printing, there may be some colour variations from electronic visual representations of artwork and previous orders to the final printed artworks. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at our expense.
Delivery
31. Pixit Design will upload electronic files to the client via email or dropbox. If a client loses or accidentally deletes the files delivered by Pixit Design at the completion of the project, Pixit Design can re-upload to the client for a fee of AUD $25 per request (plus GST) providing the request from the client has been made within 2 years from the date of completion. If any client artwork is required on a portable drive, a administration fee of approximately – $50 plus courier/ postage will be payable.
(a). Pixit Design cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier although the utmost care will be taken to ensure the products arrive on time and undamaged.
Website Design
32. The client agrees to allow Pixit Design to add a small credit on the customer’s website. This will be in the form of a small line of text placed towards the bottom of the page.
33. The client also agrees to allow Pixit Design to place websites and other designs, along with a link to the client’s site on Pixit Design’s own website for self-promotional purposes, unless agreed to by both parties in writing beforehand.
Website Design Post-Completion Alterations
34. Upon completion of the website build, Pixit Design will provide the client with an opportunity to review the resulting work. Pixit Design will make 3 sets of minor changes at no extra cost within 14 days of submission to the client for each review (‘review period’).
35. Minor changes include small textual changes and small adjustments to placement of items on the page. Minor changes do not include alteration or replacement of images, colour schemes or any navigation features.
36. Pixit Design can be notified of any minor requested changes by e-mail. Pixit Design will consider that the client has accepted the original draft if no notification of changes is received in writing from the client within 14 days of the start of the review period.
SEO Search Engine Optimisation & Search Engine Listings
37. Pixit Design builds website according to the trends of SEO at the time of building. We will help you to explore your keywords/key phrases; however final key phrase choice is the responsibility of the client.
38. Pixit Design cannot guarantee, and is indemnified by the client against any claims regarding the following: presence of Google or search engine listing, the position of website in any search engines, which or if any of the web pages will be listed in any search engines, the time it will take for any search engines to list the website and effectiveness of keywords/key phrases.
39. If the client is dissatisfied with website listings, the client can contact Pixit Design to arrange an evaluation of the website.
40. Relating to clause (25), Pixit Design takes no responsibility for duplicate content found on the clients website or if the website is search engine blacklisted due to the written content or images of their site.
Technological Advancements
41. Unless otherwise arranged with Pixit Design, the client is to refer to hosting and domain name providers for queries regarding the following services: Domain names, Hosting and registration, SSL certificates, e-mail addresses and e-mail hosting.
42. Unless otherwise arranged with Pixit Design, the client is to refer to their own technical support company for queries regarding the following services and their applicable Terms & Conditions: Set up of e-mail addresses, e-mails going to Spam/ Junk, e-mail not functioning and e-mail Signatures.
43. Unless otherwise arranged, Pixit Design does not provide the following services: Domain names, Hosting and registration, SSL certificates, e-mail addresses, e-mail hosting, Setup of email addresses, e-mail errors of any kind.
44. Pixit Design holds no responsibility if your email addresses are targeted with spam as it is outside of our control. Pixit Design holds no responsibility if the client’s email account details are attained and used to send spam or malicious material.
45. Pixit Design build and design websites to the best of their knowledge at the time of completion. Pixit Design will install security software and safety measures on the clients site but cannot take responsibility if the client’s site is hacked or infected with malware or viruses. Pixit Design does not provide software updates or take responsibility if the software used becomes out of date and obsolete. Pixit Design does not take responsibility for any unforeseen advancements in technology that may have negative effects on any aspects of the client’s site or system.
CMS Content Management Systems
46. CMS Content Management Systems websites are delivered in an agreed working order. Any changes to the working files or configuration of the CMS that are done by a third party to Pixit Design are the responsibility of the site owner.
47. Websites are built using the latest software available at the time. All website terms and conditions also apply to CMS.
48. Pixit Design does not hold responsibility for any content posted on the client’s website. Any requests to Pixit Design for changes or fixes to the CMS after delivery will be charged accordingly. Any repercussions of the advancements in the CMS or server/hosting technology are not the responsibly of Pixit Design.
49. Pixit Design does not hold any responsibility for misuse of the CMS or website. If the website needs repair, Pixit Design at its discretion may provide a service to the client to fix the site for a negotiated fee.
50. Backup software will be installed on the client’s site and it is up to the client to maintain it after the website is handed over. Pixit Design is not responsible for backing-up of the clients website content and cannot be held liable for partial or complete loss of data. It is the client’s responsibility to ensure the back up of their website.
Client to Supply
51. All content supplied by the client must conform to the following criteria. Any content that is not supplied correctly may incur additional charges for client unless otherwise agreed between Pixit Design and the client.
52. Comprehensive brief including preferred styles and fonts.
53. Design examples and sources of inspiration.
54. All required content for product, unless specifically organised with Pixit Design.
55. All content supplied by client must conform to the following criteria. Any content that is not supplied correctly may incur additional charges for client.
56. All text must be supplied in an electronic format that can be copied and pasted by Pixit Design.
57. All text must include: correct spelling, grammar etc.
58. All images and graphics for printing must be either vector (EPS, INDD or AI formats only) or 300dpi high-resolution bitmap (JPG, TIFF, or RAW formats only). Supplied images and graphics must not be scaled up due to loss of quality.
59. All design elements associated with client’s company brand must be in vector format and be supplied with exact CMYK colour or Pantone references.
Website support – care and maintenance plans
60. Care and maintenance plans can be cancelled at anytime but are not refundable.
61. Plan features do not roll-over.
Terms and Conditions for promotions
62. Promotional codes and offers are limited to 1 use, per user. Promotional codes are available for use for a period of 12 months from time of receipt. Promotional Codes may not be used or combined with any other promotion. Promotional codes will only apply for the initial 12 months for hosting and care plan subscriptions. Pixit Design’s promotions are subject to availability and may be withdrawn or amended without notice any time and at our sole discretion.
Force Majeure
63. Pixit Design shall not be liable for any failure or delay in supply or delivery of artwork or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Pixit Design including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, equipment, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Amendments to these Terms and Conditions
64. All and any amendments to the Terms and Conditions outlined in this submission must be provided in writing and signed by an authorised representative of Pixit Design prior to the commencement of work.
