COMMENCEMENT OF WORK
Agreement to work with, and submission of a design brief and payment of deposit to Pixel Graffiti LLC constitutes agreement to these terms and conditions.
“The Client” agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. Pixel Graffiti LLC endeavors to provide design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a prorated payment based upon the time spent.
If the work time exceeds 4 calendar weeks in duration, “The Client” agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.
All printing accounts must be settled in full prior to the release of the files to the printer.
“The Client” also agrees to allow Pixel Graffiti LLC to showcase any/all work created in the course of a project as part of Pixel Graffiti LLC portfolio. Pixel Graffiti LLC acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.
Pixel Graffiti LLC 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 Graffiti LLC. Including but not limited to war, natural disasters, 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.
FEES FOR SERVICE
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project.
This is defined as any work involving additions to the list of items defined in the Estimate of Services or changes to all pieces of finished artwork after signed off by an authorized representative of “The Client”. From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made, they must agree in writing, and a fee will be payable.
Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
Publication and/or release of work performed on behalf of the client by “company name” may not take place before cleared funds have been received.
Any delivery fees, design commencement fees, or progress payments are non- refundable once work has commenced if the contract is terminated by the client, after work has commenced.
LIABILITY & LITIGATION
Under no circumstances shall Pixel Graffiti LLC be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the supplies prepared by Pixel Graffiti LLC including (without limitation) loss of profit, loss of contracts or pure economic loss.
APPROVAL OF FINAL ARTWORK
While Pixel Graffiti LLC takes all care to avoid errors, Pixel Graffiti LLC accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the “Client” responsibility to proof read and approve all final copy before the production of artwork. The email verification of the Client’s representative shall be conclusive as to the approval of all artwork prior
to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading.
PRINT RETURNS & REFUNDS
It is agreed that the Pixel Graffiti LLC is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given in writing), committed to print or posted in view of the public. Pixel Graffiti LLC will not be held responsible for any changes or amendments made after approval. It is the sole responsibility of the client to notify Pixel Graffiti LLC of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the client must inform Pixel Graffiti LLC within 3 days of product acceptance and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
As with all print projects, payment for re-printed project MUST be prepaid.
PRINT – COLOR VARIATIONS
With all printing there may be some color variations from what you have seen on screen to what the final product looks like and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Pixel Graffiti LLC.
Pixel Graffiti LLC retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of Pixel Graffiti LLC. Pixel Graffiti LLC may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Pixel Graffiti LLC retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment Pixel Graffiti LLC retains ownership of all artwork and website architecture. Pixel Graffiti LLC reserves the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, color palettes and other non-exclusive items.
Pixel Graffiti LLC reserves the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
This proposal assumes goodwill from both Pixel Graffiti LLC and “The Client” regarding:
• What can reasonably be achieved in a given time frame
• Making best use of resources to achieve the most effective outcomes
WEBSITE DESIGN CREDIT
“The Client” agrees to allow “Pixel Graffiti LLC” to place a small credit on printed material exhibition displays, advertisements and/or a company name Graphic on the “Client” website. This will be in the form of a small logo or line of text placed towards the bottom of the page.
“The Client” also agrees to allow “Pixel Graffiti LLC” to place websites and other designs, along with a link to the client’s site on “Pixel Graffiti LLC’s” own website for self promotional purposes.
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Pixel Graffiti LLC. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by Pixel Graffiti LLC) a prorated payment is payable for time spent up until cancellation notice.
If a project is cancelled by Pixel Graffiti LLC, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork shall be returned and retained by the Pixel Graffiti LLC.
WEBSITE DESIGN POST-COMPLETION OPERATIONS
Once web design is complete, Pixel Graffiti LLC will provide the customer with the opportunity to review the resulting work. Pixel Graffiti LLC will make minor changes at no extra cost within 5 days of the start of the review period. Minor changes include small textual changes, small adjustments to placement of items on the page, or any navigation features. It does not include changes to images, graphics or color schemes. Any minor changes should be notified to Pixel Graffiti LLC by e-mail. Pixel Graffiti LLC will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 5 days of the start of the review period. A
fee will be payable after this time for tweak and amendments, if the client wishes these alterations to be made, they must agree in writing.
It is agreed that employees of Pixel Graffiti LLC shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of Pixel Graffiti LLC or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
LATE PAYMENTS & DEFAULT
Accounts which are not paid within 15 days will incur a late administration fee of $50. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “The Client” has stated expressly that they do not intend to pay an invoice by “company name”, unless prior arrangements have been made. Pixel Graffiti LLC shall at its sole discretion suspend any and all services provided to the client by Pixel Graffiti LLC or its subsidiaries (including but not limited to hosting, website design files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers and photographers plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
“The Client” whose account is in default agrees to pay Pixel Graffiti LLC reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.
Pixel Graffiti LLC retains all copyright for work performed until full project costs have been paid. Pixel Graffiti LLC reserves the right to reuse or resell work undertaken in the case of payment default.
Pixel Graffiti LLC accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
AMENDMENTS TO TERMS & CONDITIONS
Any and all amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client”and signed by an authorized representative of Pixel Graffiti LLC prior to the commencement of work outlined in this submission.
Graphic design, strategy, photography, illustration and marketing are all highly creative and subjective art forms. As such Pixel Graffiti LLC takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however Pixel Graffiti LLC cannot be held responsible for variations between expectation and outcome.