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Terms And Conditions

1.DEFINITIONS

The following terms and conditions document is a legal agreement between Pixelworks Creative hereafter “Developer” and “Client” for the purposes of design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.

2.ACCEPTANCE OF WORK

Quotations are valid for 30 days from date of issue.

Projects totalling £2500-00 or more are subject to a 25-50% deposit, unless otherwise agreed at Developers discretion. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records.

Any work is subject to a minimum charge of £45-00.

3.PERMISSION AND COPYRIGHT

Copyright of any final images, or video created by Developer for the project will be granted to the Client upon final payment. Source files (working files) will not be made available to the Client, except under pre-agreed arrangements.

Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and the Developer.

Client hereby agrees that all media and content made available to Developer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend Developer from any claim or suit that may arise as a result of using the supplied media and content.

4.MATERIAL

Developer reserves the right to refuse to handle:

a) Any media which is unlawful or inappropriate
b) Any media which contains a virus or hostile program
c) Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
d) Any media which constitutes a criminal offence, infringes privacy or copyright

5. PROJECTS

Additional work requested by the Client which is not specified in the agreed quotation may be subject to an additional quotation by the Developer on receipt of specification. If the work is needed as part of an existing project then this may the effect timescale and overall delivery time of the project.

6. PAYMENT TERMS

All invoices must be paid in full within 30 days of the invoice date, except where agreed at Developer's own discretion.

Should a project be suspended indefinitely by the Client or if the Client fails to provide information to progress the project after 14 days of Developer requesting it, Developer reserves the right to invoice the Client for any work completed up until that point.

7. LIABILITY AND WARRANTY DISCLAIMER

The Client agrees Developer is not liable for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

On handover of files from Developer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

8. INDEMNIFICATION

Client agrees to use all Developer services and facilities at their own risk and agree to defend, indemnify, save and hold Developer harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against Developer or it's associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project.

Client also agrees to defend, indemnify and hold harmless Developer against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.

9. NONDISCLOSURE

Developer and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Developer to another party.

10. INTERPRETATION

Developer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.

This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.

Developer reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the Developers web site with a date of last update.

By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally bound by these Terms and Conditions.

Updated 20/05/2020

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