The following Terms and Conditions of Service apply to all products and services provided by Pixelworks (henceforth referred to as Pixelworks).

All work is carried out by Pixelworks on the understanding that the client has agreed to Pixelworks’s terms and conditions.

Copyright is retained by Pixelworks on all creative design work including campaign advertising slogans, pictures, ideas, visuals and illustrations unless all costs have been settled.

If a choice of design is presented, only one solution is deemed to be given by Pixelworks as fulfilling the contract. All other designs remain the property of Pixelworks, unless agreed in writing that this arrangement has been changed.

Please see https://pixelworks.co.za/about-us/ for more details about our working process.

Quotations and Project Acceptance

Quotations are generally sent out via our client management software. Subsequent to us receiving your quotation request, you will be registered on our system, after which you will receive a username and password for login to the system. Once logged in, you will be able to view and accept the quotation electronically. The client may also send an official order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation, and permission for us to accept it electronically on your behalf, all of which binds the client to in accepting Pixelworks’s terms and conditions.

No work on a project will commence until acceptance of the quotation has been received by Pixelworks.

Client Dashboard and Project Updates

Once your project is undertaken, we will keep you informed via our client management system. You will also be able to collaborate and communicate with us via the client area, through which you will be able to view the status of project milestones and completed tasks.

Pixelworks reserves the right to revoke access to its client dashboard and management system at any time and without prior notice, and for whatever reason it deems necessary.

Client Briefs And Provision Of Content

The client agrees to provide a clear and concise brief prior to any work being undertaken. Instructions and guidelines are also to be provided where a particular work product or design is desired.

Where content is to be provided for a project, such content must be provided as per our guidelines (issued upon the initiation of the project). The client agrees that such content will be deemed final as provided, and any major revisions to the content will be subject to additional charges at our discretion.

All required content must be provided by the client within the indicated timeframe of the project. Where this aspect is neglected or delayed beyond this timeframe, the project will be deemed complete and our final invoice will be issued and payable. The provision, addition, or amendment of content thereafter will be additionally charged for at our discretion.

Content must be provided in an acceptable format as per our guidelines, and sent via email or made available electronically via file sharing services.

In cases where content is not timeousely or accurately provided by the client, Pixelworks reserves the right to use generic placeholder text and images as and when required for the purpose of presenting or completing designs, websites or other works. The composure and type of placeholder content will be considered for use at our sole discretion regardless of accuracy or suitability for any given project.

We will not be held liable or responsible for any content provided, and such content will be deemed original work or licensed for use by the client. In the event that we receive takedown or infringement notices for any provided content, we will immediately comply with the relevant laws and remove the offending content, as may be requested by the original author or rightful owner.

Payment

Clients will normally be invoiced on completion of work on our standard terms of payment. For larger projects, such as website development, we will require staged payment. This would normally be three equal payments at stages to be agreed with the client. All new clients are required to pay in full prior to Pixelworks commencing work, unless otherwise stipulated by us.

Completed work will only be released for delivery upon receipt of all balances due.

Payments may be made by direct deposit, online transfer or cash. Publication and/or release of work undertaken by Pixelworks on behalf of the client may not take place before cleared funds have been received.

Pixelworks reserves the right to consider an account to be in default in the event of a returned cheque.

Default

An account shall be considered default if it remains unpaid for 7 days from the date of invoice, or following a returned cheque.

Pixelworks shall be considered entitled to remove Pixelworks’s and/or the client’s material from any and all computer systems, until the amount due has been fully paid.

This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay Pixelworks reasonable legal expenses and third party collection agency fees in the enforcement of these terms and conditions.

Copyrights and Trademarks

By supplying text, images and other data to Pixelworks for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Pixelworks on behalf of the client, will remain the property of Pixelworks and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988.

The client may request in writing from Pixelworks the necessary permission to use materials (for which Pixelworks holds the copyright) in forms other than for which it was originally supplied, and Pixelworks may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to Pixelworks, the client grants Pixelworks permission to use this material freely in the pursuit of the design.

Should Pixelworks or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Pixelworks to remove and/or replace the file on the site.

The client agrees to fully indemnify and hold Pixelworks free from harm in any and all claims resulting from the client not having obtained all the required copyright, and/or any other necessary permissions.

Review And Alterations

The client will be responsible for reviewing any work produced by Pixelworks and must provide written notice of amendments to work or approval thereof subsequent to review or proofing.

The client agrees that changes required over and above the estimated work, or required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that Pixelworks holds no responsibility for any amendments made by any third party before or after a design or other work is published.

Licensing

Any design, copywriting, drawing, idea or code created for the client by Pixelworks, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Pixelworks and any of its relevant sub-contractors.

All design work – where there is a risk that another party make a claim – should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

Pixelworks will not be held responsible for any and all damages resulting from such claims. Pixelworks is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Pixelworks responsible for any such loss or damage. Any claim against Pixelworks shall be limited to the relevant fee(s) paid by the client.

Rights of Refusal

Pixelworks will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities.

Pixelworks also reserves the right to refuse to include submitted material without giving reason.

In the situation where any images and/or data that Pixelworks does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow Pixelworks to remove the contravention without hindrance, or penalty. Pixelworks is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders will only be accepted prior to the undertaking of any work within the project scope, and may be made initially by telephone contact or email.

The client will then be invoiced for any work completed over and above the non-refundable deposit that will have been made at the time of our quotation being accepted. The balance of monies due must be paid within 7 days. Please note: any cancellation which is not formally confirmed in writing, and received by Pixelworks within 7 days of such instruction being issued, will be liable for the full quoted cost of the project.

Project Duration

Any indication given by Pixelworks of a project’s duration is to be considered by the client to be an estimate. Pixelworks cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Pixelworks for the initial payment or by date confirmed in writing by Pixelworks.

Disclaimer

Pixelworks makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Pixelworks will not be held responsible for any and all damages resulting from products and/or services it supplies.

Pixelworks is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.

The client agrees not to hold Pixelworks responsible for any such loss or damage. Any claim against Pixelworks shall be limited to the relevant fee(s) paid by the client.

Pixelworks reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their terms and conditions. Pixelworks will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Pixelworks and its clients agree to comply with printers’ terms and conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Pixelworks recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

Acceptance of Terms And Conditions and Quotation

The placement of an order for design and/or any other services offered by Pixelworks, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.

An estimate validated by confirmation of approval to proceed with the project by the client by electronic dissemination, e-mail or in writing constitutes acceptance of the estimate or quotation and agreement to comply fully with all the terms and conditions and forms a Contract for Business between the signatory and Pixelworks.

Pixelworks reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.