The following Terms & Conditions govern any website design work (“Work”) undertaken by Crush Pixels (“Crush Pixels” or “Us” or “We”).
1). contract
Your approval for Work to commence in the form of acceptance of Crush Pixel's quote (or proposal, where applicable) (“Order”) shall be deemed a contractual agreement between the client (hereafter referred to as ‘you’ or ‘your’) and Crush Pixels. You must ensure that the details in the Order are correct. These Terms & Conditions, its associated documentation (our Privacy Policy and Cookie Policy) and the Order form your binding contract with Us (“Contract”). The Contract is our entire agreement. No previous statements or representations that we have made to you form part of the Contract unless they are written into it. This includes samples, drawings, advertisements, catalogues and other promotional or descriptive material.
2). quotations / packages
2.1). The price for the Work is stated in your Order. It is your responsibility to ensure everything required is listed in the Order.
2.2). Unless otherwise agreed, any price quoted will be valid for 30 calendar days from the date of your receipt of the Order.
2.3). All prices featured on our website are subject to availability, change and exclude VAT unless stated.
2.4). We are allowed to increase the price by giving you seven days advance notice before we deliver the Work, but only to take into account: (i) things which are beyond our control (for example tax changes, foreign change fluctuations, increases in the cost of labour, manufacturing and/or materials and any event of force majeure); (ii) changes in delivery dates, quantities, types or specifications of services that you have asked for; and (iii) delay caused by you or if you supply us with inadequate or inaccurate instructions.
3). payment
3.1). You shall pay 50% of the total cost of Us carrying out the Works before work can start. The remaining 50% of the cost is payable prior to completion of the Work (for example, prior to Your website going live or artwork being sent to print). All prices are exclusive of VAT.
3.2). If you fail to pay within seven days of payment becoming due:
(a) we may charge you interest at 8% per year above reference rate from time to time from the due date until payment of what you owe us. The interest will be earned daily and you must pay it all with the overdue amount; and
(b) we may charge you 10% of the amount outstanding in addition to a further £50 administrative fee; and
(c) we may suspend carrying out the Works until payment has been received; and
(d) (where we have already launched your website) we may remove access to your website until payment has been made.
3.3). Costs paid to us for the Works are non-refundable.
3.4). Hosting payments will be due as soon as the website goes live / is accessible to the public.
4). cancellation
Should you wish to cancel at any point after Work has begun, you will need to give us written notice. Cancellation of your Work order does not entitle you to a refund of costs already paid to us as at the date of your cancellation.
5). limitations on our liability
5.1). We will not be legally responsible to you for any loss of profit or any loss which you allege arises as a consequence of our Contract with you. Our total legal responsibility to you under the Contract will not exceed the price of the Works.
5.2). These Terms and Conditions do not limit our legal responsibility for death, personal injury caused by our negligence, fraud or any other matter which cannot be excluded under law.
5.3). Neither of You or Us will be legally responsible to the other for failure or delay in carrying out our responsibilities under this Contract which is caused by an event of force majeure (an event beyond our reasonable control) which we could not have foreseen or which was unavoidable. This includes industrial disputes, riots, acts of God, war, terrorism, civil unrest, unexpected weather conditions, natural disasters, utilities, energy and transport failures, or failure of suppliers and/or sub-contractors.
5.4). We are in no way responsible for the performance or failure of third party software or services used by your website. We will endeavour to do our best to fix any problems quickly but we reserve the right to charge extra costs in doing so, such costs to be agreed between You and Us. We aim to make your website compatible with browsers which have usage over 1% as per https://www.w3schools.com/browsers/. We can’t guarantee compatibility of Internet Explorer, which is now end of life.
5.5). We design websites in accordance with your specifications. It is your responsibility to ensure that your website and its content comply with current online trading laws and regulations. We are not responsible for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade.
6). data protection and confidentiality
6.1). You and Us agree that we will comply with all applicable requirements of the General Data Protection Regulation (EU) 2016/679 and any national implementing laws, regulations and secondary legislation as amended or updated from time to time in the UK (altogether, “Data Protection Legislation”).
6.2). For the purposes of the Data Protection Legislation, You and Us are each independent data controllers (as defined in Data Protection Legislation) and You and Us both agree to comply with our enhanced data protection obligations when processing any personal data in accordance with Data Protection Legislation.
6.3). You agree to indemnify and keep indemnified and defend at your own expense, Us against all costs, claims, damages or expenses incurred by Us for which We may become liable due to any failure by You, your employees or agents to comply with any of Your obligations under this clause 6.
7). website content
7.1). It is your responsibility to supply all website content such as text and images. We are only able to provide copywriting and photography services at an extra charge.
7.2). You must ensure that we are not delayed as a result of late delivery of the material and content required to complete your website. On any occasion where we are delayed over 30 working days because you have not provided content or essential information required to complete your project, we reserve the right to impose a surcharge of 25% of the total cost of the Work or invoice the cost of the entire website in advance.
7.3). Where content management software is provided, it is your responsibility to upload your catalogue / products unless otherwise agreed.
7.4). We include up to five free stock images with each website. Additional images are available at £5 + VAT each.
8). intellectual-property
8.1). In situations where you provide images, text, animations, layouts or any other content containing an intellectual property for your website, you are legally responsible for ensuring that this material does not infringe any copyright.
8.2). All intellectual property we create whilst carrying out the Works (including but not limited to materials, copyright, designs, trade marks, source code and original images) shall remain our property and be licensed to you for your commercial use after receiving full payment of the costs owed to us. We also reserve the right to re-use source code we have developed for your Works unless otherwise agreed in writing prior to the start of the project.
9). search engine optimisation
The order in which websites are ranked in the natural search results is controlled by the search engines. While we make your website search engine friendly, it is impossible to make any guarantees on ranking position.
10). support
Your website will be delivered to you as completed work. Unless it has been agreed beforehand, we are not responsible for future maintenance and support of your website. Support can be provided upon request for an agreed additional fee.
11). hosting
11.1). While we aim to keep any website hosted by ourselves accessible 24 hours a day and seven days per week, we cannot be held responsible for any downtime and subsequent loss of business you may suffer whether from routine maintenance or server failure.
11.2). In the unlikely event of a server failure or a malicious attack, we will use all practicably reasonable efforts to get your website up and running again.
11.3). We offer free design time on selected WordPress support packages. For adding new pages and programming changes, we reserve the right to charge an additional fee. If you don’t use the design time during the calendar month, it cannot be rolled over to the following month.
11.4). If you require us to set-up the website on your own hosting, this may be subject to an additional charge.
11.5). Should you wish to transfer your hosting to another company we reserve the right to withhold access if payment due to us is in arrears. Any transfer costs from third parties will be your responsibility. We also reserve the right to charge a £50 + VAT administrative fee to cover the time involved in transferring your hosting.
12). domains
12.1). Should you wish to transfer your domain to another company we reserve the right to withhold access if payment due to us is in arrears. Any transfer costs from third parties will be your responsibility. We also reserve the right to charge a £50 + VAT administrative fee to cover the time involved in transferring your domain.
12.2). In order to avoid you losing your domain, unless we are informed otherwise, it will automatically be renewed and you will be charged accordingly. If you would like to cease automatic renewal, you must provide us with 60 days’ prior written notice before your domain is due to automatically renew.
13). design process
13.1). During the design process you will be given opportunity offer your feedback and make changes. Web design packages include one initial concept with one redraft if you don’t like the initial design. Logo design packages include at least two initial designs with at least one redraft. Brochure, exhibition stand, folder and leaflet design packages include one initial design with one redraft. Unless stated, other design packages include one initial design, no redrafts, with one set of amends. Further concepts and redrafts can be purchased up front if required.
13.2). Once you have approved the design, further changes may be subject to additional charges.
13.3). Once we have added your content and finalised the website, it will be handed over for final review. Any amends should be sent in one go. After this final set of amends, we reserve the right to charge an additional fee for any further changes you may request.
14). google promotional vouchers
Promotional vouchers are subject to availability and Google’s terms & conditions.
15). confidentiality
To ensure confidentiality and that projects run smoothly, we will only disclose confidential information you give to us to third parties when approved by you or where necessary in order for us to carry out our obligations under the Contract.
16). general
16.1). We are allowed to transfer our rights and responsibilities under this contract to someone else, for example for assignment, a legal charge or sub-contracting.
16.2). Nobody other than You and Us may rely on the terms of this contract.
16.3). Changes to the contract are only binding if we both agree to them in writing.
16.4). All feedback, issues and requests must be submitted in writing and either sent by first class post or other registered delivery to the other’s registered office address or by email. Delivery by post or email by will regarded as delivered by 9.00am on the second day after posting/sending. This arrangement does not apply to the service of any documents in legal proceedings. Our registered office address is Crush Pixels, Duke Studios, 3 Sheaf Street, Leeds, LS10 1HD.
16.5). Delay in exercising a right under the contract will not take away that right or any other right.
16.6). The contract operates under English law and only the courts of England and Wales will have the right to deal with any disputes arising from it.
16.7). If you have any questions about these Terms and Conditions or your Contract, please contact [email protected].
