Definition of terminology used in this document:
- A 'Project' is any work undertaken or service provided by PIXEL DESIGN NY Incfor the Client on their request and as described in our confirmation order email to that Client.
- A 'Client' is a person, persons, business or organisation using any of the services provided by Pixel Design NY Inc.
- 'Live Mode' means the date the website is available on the Client’s chosen domain.
- 'Domain' is the website address as specified by the Client.
- 'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
- 'Hosting' is a yearly cost to keep a clients website activated online.
- 'Content' is both text and images that the Client requires on the website.
- Authorisation. The client is engaging PIXEL DESIGN NY INC, as an independent contractor for the specific project of developing and/or improving a World Wide Web site to be published on the client’s account on an Internet Service Provider (ISP)/Web Presence Provider (WPP), hereinafter referred to as “Hosting Service”, or provided on a CD at the client’s option.
- Payment. PIXEL DESIGN NY INC will commence work on a Project only after the receipt of 50% payment of the quoted Project fee from the Client. The final 50% payment is to be made on completion of the website. Upon the completion of the project, an e-mail or postal mail invoice will be sent to the Client advising the Client that the work has been completed. The Client has two (2) days to review the work. Projected cost plus any additional charges incurred should be paid within five (5) days after delivery of the e-mail or letter and invoice. The website will be switched to Live Mode once the Client’s remaining balance is paid in full. All payment will be made on British Pound Sterling.
- Domain Registration. PIXEL DESIGN NY INC may obtain a domain name for the Client at the Client’s request. The price for Domain Registration is listed in Appendix. Although the domain names are registered to PIXEL DESIGN NY INC, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, PIXEL DESIGN NY INC will do this within a reasonable timeframe. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, PIXEL DESIGN NY INC cannot be held liable for this. However, PIXEL DESIGN NY INC will make reasonable effort to contact the Client regarding domain renewal.
- Standard Hosting Service. PIXEL DESIGN NY INC may either secure a hosting account on behalf of the Client (the price for Standard Hosting Service is listed in the Appendix) or the Client may secure Hosting Service independently or utilise other available hosting spaces, such as that provided by an Internet Service Provider, at the Client’s discretion as long as all the requirements are met.
- Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to PIXEL DESIGN NY INC for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend PIXEL DESIGN NY INCfrom any liability, which is including solicitor’s fees and all legal costs including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. PIXEL DESIGN NY INC retains the right to display graphics and other Web Design elements as example of their work in their respective portfolios.
- Technical Assistant or Training. PIXEL DESIGN NY INC will provide a two (2) hours training to the Client’s designated representative regarding management of the Client’s web site after the site is officially declared completed. Extra assistance will be offered in hourly rate or a Maintenance Agreement to compensate PIXEL DESIGN NY INC for providing such assistance, the price of hourly rate and Monthly Maintenance is listed in Appendix.
- Maintenance Agreement. PIXEL DESIGN NY INC offers two kinds of maintenance agreements. First, the Clients pays a fixed monthly rate, the price and description are listed on Appendix A. Monthly Maintenance does not include major page reconstruction, guestbook, discussion webs, replacing nearly all text from a page, or changing navigation structure. Second, the Client pays any Additional Page rate, which price and descriptions are listed on Appendix A. The Client and/or agent(s) of the Client other than PIXEL DESIGN NY INC may have the capabilities to update or maintain the contents of the web pages. However, if damage(s) occurred in the process, which impaired the ability for the web pages to display or function properly, time to repair the web pages will be assessed at the hourly rate of $75. There is one-hour minimum. In this regard Client is encouraged to obtain a Maintenance Agreement.
- Electronic Commerce Laws. The Client agrees that the Client is solely responsible for complying with any laws, taxes and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect and defend PIXEL DESIGN NY INC from any claims, suits, penalties, taxes, fines or tariffs arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes and/or tariffs.
- Legal Notice. Notwithstanding anything to the contrary contained in this Limits and Exclusion, neither PIXEL DESIGN NY INC nor any of its employees or agents warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality, content and performance of the Web Design Project is with the Client. PIXEL DESIGN NY INC is not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. Even if PIXEL DESIGN NY INC has been advised of the possibility of such damages.
- Completion Date. PIXEL DESIGN NY INC and the Client must work together to complete the website in a timely manner. We agree to complete the website no later than one (1) month after Client has submitted all necessary materials. If the Client fails to supply PIXEL DESIGN NY INC with complete materials within 28 days after signing the contract, PIXEL DESIGN NY INC has the right to cancel the signed contract with the Client and retain the initial 50% payment received.
- Cancellation. Cancellation of the project at the request of the Client must be made by certified letter. In the event that work is postponed or cancelled at the request of the Client by registered letter, PIXEL DESIGN NY INC will have the right retain 50% of total project cost. However, when 50% of project time is already invested, additional 25% payment will be due, which will be billed to the Client within ten (10) days of notification via registered letter to stop the Project.
Pixel Design Ny, Inc. does not distribute, sell or give any information to anyone at anytime concerning customers or visitors to our web site.
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