Pixel Hero's Terms of Service
Our Terms and Conditions are supplied with every quote and must be signed before we start work to ensure all our clients fully understand all responsibilities during a project. Please contact us to discuss any queries or concerns you may have before accepting them.
Below are the terms and conditions of quotation and sale of all products and services supplied by Pixel Hero. Except as otherwise expressly agreed upon in writing between a duly authorised officer of Pixel Hero and the client, the terms and conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by the client.
1. Quotations are valid for a period of 30 days.
2. All orders placed with Pixel Hero shall only be accepted subject to these terms and conditions and Pixel Hero may at any time and from time to time alter these terms and conditions and such altered terms and conditions shall apply after notification by Pixel Hero to the client.
3. If a client cancels or alters any order or part order at any time after Pixel Hero has received the order then Pixel Hero reserves the right to render additional costs to the date of such cancellation or alteration.
Terms of Payment
4. For quotations $1000 and over the client shall make payment within the following terms:
a. 50% deposit on receipt of signed quotation approval;
b. 50% balance upon either of the following:
i. if a website, before site is posted live or;
ii. if print work, prior to finished work being handed to the client and/or forwarded to the nominated printer.
d. All payments are to be made in full within 7 days of the date of invoice.
5. For quotations under $1000 the client shall make payment within the following terms:
a. Unless otherwise negotiated, payment is to be made in full on receipt of signed quotation;
b. All payments are to be made in full within 7 days of the date of invoice.
6. Payment shall be made by either direct electronic deposit, cash or cheque.
7. If the client fails to make payment in accordance with clause 4 or 5, Pixel Hero shall be entitled to charge a late payment fee plus default interest at a rate of 10% per annum on all overdue amounts (including charges and amounts other than the price calculated on a day to day basis on any moneys due but unpaid, such interest to be computed from the due date for payment AND the parties agree that such default is not a penalty but a true measure of damages incurred by Pixel Hero). Payments received from the client will be credited first against any default interest and all such charges shall be payable on demand.
8. Pixel Hero shall also be entitled to claim from the client all costs relating to any action taken by Pixel Hero to recover moneys due from the client including any legal costs and disbursements on a solicitor-client basis and cease any further delivery of services or products to the client that have not been delivered.
Copyright & Ownership
9. All ideas, designs, concepts, artwork, compositions, symbols, logos or other trade indicia prepared or developed by Pixel Hero shall be the absolute property of Pixel Hero and the client shall not use such material in any media until payment is made by the client to Pixel Hero in accordance with clause 4.
10. The copyright for all purposes in any ideas, designs, artwork, compositions, symbols, logos and other trade indicia prepared or developed by Pixel Hero (“the copyright work”) vests in Pixel Hero.
11. In consideration of payment by the client in accordance with clauses 4 & 5, Pixel Hero as the beneficial owner assigns to the client the copyright work subject to clause 12.
12. Notwithstanding clauses 9 to 11 herein, Pixel Hero shall retain copyright ownership of all draft concepts, artwork, compositions, symbols and logos (“the draft Artwork”) created or prepared for the client pursuant to these terms and conditions but for any reason whatsoever not so utilised by the client and the client acknowledges Pixel Hero’s title in the draft Artwork.
13. Pixel Hero may use any artwork/design for it’s own promotion and portfolio use and add an industry standard ‘designed by’ link to the client’s website, enhancing client Search Engine Optimisation. Pixel Hero’s ‘designed by’ link will remain for the life of the design except by negotiation.
Revisions & Supply of Content
14. Unless otherwise negotiated, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). Pixel Hero assumes all written content adheres to copyright laws.
15. Images are also expected to be supplied before work begins, unless by prior negotiation or if using Pixel Hero’s photography or stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator/Photoshop format, or hi-res JPEG files (300 dpi). Pixel Hero assumes that all correct permissions have been sought and/or royalties paid for images used.
16. Unless otherwise quoted or negotiated, projects include two rounds of changes or author’s revisions. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.
Project Duration and Client Response Time
17. The client agrees to provide timely responses to Pixel Hero after receiving status notifications, work for review or requests for information. The client shall have 30 days to respond to each draft/request for information submitted. If the client has failed to respond after 30 days, Pixel Hero will deem the project complete. At such time, Pixel Hero shall have no further obligation to the client, and the client shall pay Pixel Hero all fees and expenses associated with the work performed.
Hosting / SEO / Maintenance Contracts
18. The client agrees to pay any fees for hosting, SEO and or website maintenance contracts via regular automatic direct debit payments unless otherwise negotiated. A dishonour/late fee may apply if payment is late or insufficient funds are available causing Pixel Hero additional work or bank penalties. Should the client wish to break this contract and take their hosting, SEO and or website maintenance elsewhere, they will be required to pay the full amount for any remaining months left on their original contract before any files will be transferred to their ownership.
19. Pixel Hero shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Pixel Hero 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, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
20. The client agrees that these terms and conditions of quotation and sale shall be construed according to the laws of the State or Territory as Pixel Hero may in its sole discretion determine. Proceedings may be instituted in such State or Territory as Pixel Hero may in its sole discretion determine. Failing such determination, the client consents to any proceedings being instituted and heard by any appropriate court sitting in the State of New South Wales applying the laws of the State of New South Wales.