The following terms and conditions apply to all web design services provided by Marie Gallagher t/a The Pixel Fairy, hereafter referred to as the Designer, to any individual or organisation, hereafter referred to as the Client.
Last updated: 24/11/18
It is not necessary for a Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any use of my services implies that you have read and accepted my terms and conditions.
2. Turnaround Time and Content Control
The Designer will install and publicly publish or supply the Client’s website by the date specified in the project proposal, or at the date agreed with Client upon the Designer receiving initial payment, unless a delay is specifically requested by the Client and agreed by the Designer.
In return, the Client agrees to delegate a single individual as a primary contact to aid the Designer with progressing the project in a satisfactory and timely manner.
During the project, the Designer will require the Client to provide website content, which may include but not be limited to text, images and any media files the Client requires to be available on their website.
3. Failure to provide required website content
If the Client agrees to provide the Designer with the required information and subsequently fail to do within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.
Please note: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Images should be supplied electronically as high-quality JPEG, PNG, TIFF or PSD files with a guidance document referencing the intended placement/use of each image.
A personal note:
The Pixel Fairy is a small family run business with one permanent designer and one occasional assistant; to remain efficient I must ensure that work that I have scheduled is carried out at the allotted time. On occasions I may have to reject other work and enquiries to ensure that your project is completed at the time arranged.
This is why I ask that you provide all the required information in advance. Where progress cannot be made with your website because I have not been given the required information in the agreed time frame, and we are delayed as result, I reserve the right to impose a surcharge of up to 25% of the project cost to the total due, unless the delay has been agreed to in advance.
I am very flexible where deadlines are concerned, but I must regrettably impose some conditions, as I do also have bills to pay.
Simply put, all the above conditions say is do not give me the go-ahead to start until you are actually ready to do so!
4. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via email, file transfer service or FTP) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png, .psd or .tiff format. Physically files may be accepted by arrangement.
Although every reasonable attempt shall be made by The Pixel Fairy to return to the Client any images or printed material physically provided for use in creation of the Client’s website, such return cannot be guaranteed.
5. Design Credit
A link to The Pixel Fairy will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £500, a fixed fee of £50 will be applied.
The Client also agrees that the website developed for the Client may be presented in The Pixel Fairy’s portfolio and used for promotional purposes on the Pixel Fairy’s social media accounts.
6. Access Requirements
If the Client’s website is to be installed on a third-party server, The Pixel Fairy must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
7. Client Review
The Designer will provide the Client with opportunities to review the appearance and content of the website during the design phase and once the overall website development is completed.
At the completion of the project, the website will be deemed to be accepted and approved unless the Client notifies the Designer otherwise within ten (10) days of the date the final version of the website is made available to the Client.
Charges for services to be provided by the Designer are defined in the project quotation that the Client receives via e-mail.
Clients may choose to pay in full in advance; a small discount may be offered at the Designer’s discretion for payment in full via certain payment methods.
Full payment must be received before websites are published publicly.
Quotations are valid for a period of 30 days. The Designer reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
8.2. Deposits and Instalments
Unless agreed otherwise with the Client, all website design services require an advance payment.
Where a Client wishes to accept a quotation, but work cannot begin for a period of time for whatever reason, they can choose to pay a £25 non-refundable deposit to secure the design slot and quotation price for an agreed period of time. This £25 will be deducted from the project cost.
Payment in instalments is offered for client convenience only, the instalment schedule does not indicate the progression of the project; once work on a project has started in earnest, the full balance becomes due.
An initial instalment of at least fifty (50) percent of the total is required before any preparation work, registration of domain names or purchase of additional SSL Certificates, software or font licenses or stock photography occurs.
For projects over £500, payment in three (3) instalments may be requested.
Invoices will be provided; if payment in two (2) instalments has been agreed, this will be before commencement and upon completion but before publishing the live website, with a third in the interim if three (3) instalments has been requested for a project over £500.
Invoices are normally sent via email, PDF versions will be attached and the invoice can also be viewed, paid and printed online; the Client may choose to receive hard copy invoices, these must be requested in advance.
Payment is accepted by:
– credit or debit card through Stripe;
– card or balance payment through PayPal;
– bank transfer
Links to pay by card will be included in online invoices. Bank details will be made available on invoices for those choosing bank transfer.
In exceptional circumstances cheque payment is acceptable, this must be agreed with the Designer before the project commences.
Unless a payment due date is stated on the invoice, invoices are due upon receipt.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on The Pixel Fairy’s web server, the Designer will, at their discretion, remove all such material from its web server.
The Pixel Fairy is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received.
Clients with accounts in default agree to pay The Pixel Fairy reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by The Pixel Fairy in enforcing these Terms and Conditions.
Accounts that remain unpaid thirty (30) days after the due date of the invoice will be considered in default and may have a service charge added in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
Non-payment will result in legal action being taken if necessary. The Pixel Fairy will pass such cases to the Small Claims Court to pursue payment.
10. Additional Expenses
The Client agrees to reimburse The Pixel Fairy for any additional expenses necessary for the completion of the project. Examples would be purchase of WordPress plugin licenses, licenses for fonts or stock photography to facilitate design elements or website functionality that was not originally requested and included in the quotation.
11. Cancellation & Payment
If the Client wishes to cancel the project before work has begun in earnest, any initial payment will usually be refunded, minus any costs for domain registration and other costs incurred.
In the event of a Client deciding to withdraw from the project once work has begun, refunds and waiver of outstanding balances are entirely at the discretion of the Designer and will be calculated on a pro rata basis using the Designer’s hourly rate.
Once a project has progressed to the draft website stage, the final balance of payment is then due if the project is cancelled by the Client. There are no exceptions to this, i.e. if the Client decides they no longer want the site, as they have commissioned the work and paid a deposit, they are still obliged to pay for the work that has been done. Any waiver is at the sole discretion of the Designer.
Where the Client has made an initial payment against a website package from the Designer, which offers heavily discounted design rates, this may result in a balance becoming due by the Client rather than a refund being offered. The Designer may choose to waive this balance at their discretion.
12. Registration & Renewal of Domain Names & Website Hosting
Either as part of a website package or a bespoke design commission, The Pixel Fairy may purchase domain names on behalf of the Client and provide website hosting on their server.
After the initial one year period, the Client may choose to renew domain and hosting services with The Pixel Fairy or move the website to another provider(s). The Client will be notified of the renewal date and charges in advance of the domain expiry.
Domain names will not be registered or renewed until payment has been made. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of The Pixel Fairy.
The Client should keep a record of the expiry dates for their own records.
13. Web Browsers
The Pixel Fairy makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Google Chrome, Mozilla Firefox, etc.) and on both desktop and mobile platforms.
Due to the nature of Responsive design, websites may not look identical on all platforms, however the functionality will remain the same.
The Client agrees that The Pixel Fairy cannot guarantee correct functionality with all browser software across different operating systems and platforms.
The Pixel Fairy cannot accept responsibility for websites which do not display acceptably in new versions of browsers or on platforms released after the website have been designed and handed over to the Client.
As such, The Pixel Fairy reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
All services provided by The Pixel Fairy may be used for lawful purposes only. You agree to indemnify and hold The Pixel Fairy harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants The Pixel Fairy the rights to publish and use such material.
The Client must obtain permission and rights to use any information or files that are copyrighted by a third party.
The Client is further responsible for granting The Pixel Fairy permission and rights for use of the same and agrees to indemnify and hold harmless The Pixel Fairy from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
A contract for website design and/or hosting shall be regarded as a guarantee by the Client to The Pixel Fairy that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
16. Post-Placement Alterations
The Pixel Fairy cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance of a quotation or payment of any deposit or instalment constitutes agreement to and acceptance of these Terms and Conditions.
18. Governing Law
This Agreement shall be governed by English Law.
The Pixel Fairy hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of The Pixel Fairy to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.