This document outlines the Pixelis Pty Ltd (ACN: 166 262 773, ABN: 78 166 262 773) Terms of Service Agreement.
PIXELIS (Pixelis, us, we, our, I)
CLIENT (client, customer, you, your)
WORK (work, project, hosting, upgrades, design, product, service, support, training, website, hosting)
By interacting with, purchasing from or using services offered by Pixelis, you agree to the following:
Account Information: You will be able to check all your account information at pixelis.com.au/accounts. Here you can check and update your details, invoices and credit balance.
Delivery: Any work requested by the client will be charged to the client at the company standard hourly rate of $80, and must be paid before Pixelis can start the work. The client agrees to pay Pixelis the amount proposed on or before the due date. In return, Pixelis will deliver the client the products and services as agreed on a case by case basis. Work is considered complete when the client has signed off on the work, or 15 days after the client has made the final payment and has received the final product or service even if it has not been signed off. Any Credit Packs are added to the client’s account after the final payment has been made.
Process: Work may be divided in several phases. Each phase must be completed before work on the next phase may begin. Pixelis will deliver the work in progress proposed to the client for review and approval. The client agrees to provide prompt feedback to the work in progress presented and allow uninterrupted production flow. Absence of prompt feedback will postpone the estimated completion date and may result in Hold Fees. A phase is considered complete when the client approves the work in progress assigned to that phase.
Hold Fee: Work will be put on hold if Feedback is not received within 15 days. Pixelis reserves the right to charge a Hold Fee in any amount up to $500 or 5% of the total work amount, whichever is less.
Errors and Omissions: It is the client’s ultimate responsibility to thoroughly review the work in progress and final product or service before approving it. We will do our best to identify and eliminate any content-related error and omission. However, Pixelis is not responsible should any such error or omission go undetected and become a part of the final materials.
Browser Support: Work will be compatible with Internet Explorer 9+, Latest Chrome, Latest Firefox for PC. This means that the work will be useable across these browsers. However, since every browser has a different way of rendering a website, Pixelis cannot guarantee that the work will look or work identically across browsers.
Indemnity: The client agrees to indemnify and hold harmless Pixelis from any loss, expense, and damages arising out of violation of copyright or trademark laws from the illegal use of images, photographs, slogans, trademarks, or graphical work supplied by the Client.
Pixelis will retain the rights to all parts of intellectual property it has developed and may re-use it for, but not limited to, other projects, work and marketing. The client must use the hosting services provided by Pixelis unless alternative arrangements have been specifically agreed to in writing. Pixelis owns the intellectual property of all work and therefore work cannot be unlawfully duplicated, copied, moved, hacked, scraped or any other form of piracy.
Pixelis is not responsible should the client create an issue or break any part of the work or functionality. Pixelis may help to resolve the issue at a fee based on the hourly rate.
The client agrees to indemnify and hold harmless Pixelis from any loss of data.
Although we take security seriously, we cannot guarantee that work will not be hacked. Pixelis takes no responsibilty for hacked websites, hosting or any other work.
Although we do our best and work with our hosting providers to make sure your hosting service is fast with maximum uptime, and issues are fixed as quick as possible, Pixelis takes no responsibilty should hosting run slow or crash.
Pixelis has no control over ranking and does not guarantee a presence of any developed or hosted website on any search engine.
Pixelis is not responsible for, and cannot provide support for third party applications, including but not limited to email clients.
Acknowledgement: Pixelis may include an acknowledgment link on the client website which points to a Pixelis website such as http://pixelis.com.au.
Payment Schedule: Each payment is due on or before the due date. The next work phase will not begin until the prior phase payment has been received. Late payments will result in production delays, service suspension, service termination and late fees.
Late Fee: Late fees will be assessed at 2% monthly interest rate for the amount owed. The assessment of the late fees will begin accumulating 15 days after the date on the final invoice.
Discount Vouchers: Discount vouchers are valid during the period specified on the original, unmodified voucher. Pixelis keep records of discount vouchers and valid dates. Pixelis has the right to consider a voucher valid or invalid on a case by case basis. Vouchers which are marked as reusable can be used multiple times by the same or different person, once per new project (once per brand new site) and while the project is worth at least $800. Vouchers cannot be used for projects totalling less than $800. Vouchers are not redeemable for cash.
Credit Pack: Credit Packs are pre-paid blocks of credit which can be used to cover fees in advance. Any fees from hosting or work will be taken off any available Credit Pack.
Credit Packs are non-refundable and are valid for 12 months. After 12 months, the remaining credit may no longer be valid, and a new credit pack may need to be purchased. Pixelis has the right to consider a Credit Pack to be valid or invalid on a case by case basis.
Backup and Restore: Backups are performed on hosting servers 3 times daily, going back to up to 7 days. A $200 fee to the client is required to restore a server backup.
Refunds: Certain items cannot be returned or refunded due to their nature. These items include, but are not limited to: Stock photography, music, web hosting, domain names, statistical packages and software, design, development, support etc. However refunds can be made on funds which have not been used and are considered on a case by case basis.
Changes to the Terms: Please see this page for our latest Terms of Service. This page and the Terms of Service can be updated without notice.