Terms & Conditions of Service
The following terms and conditions of service govern our agreement to provide services to you.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
We reserve the right to change our Terms and Conditions when necessary. We will notify you of any changes.
Web Design and development services are paid in advance, but generally the whole cost will be split into 3 payments. Details of the payments will be in your proposal document.
All other services, including domain names, hosting, and SEO services require advance payment.
PIXUS reserves the right to change the prices and nature of its services by giving your written notice of those changes.
Any cancellation of services must be requested in a written notice by email and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. You will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
We want you to be happy with your website, and we also want to shout about it too. So a link to PIXUS will appear in the footer of your website, and we may also present your website on the portfolio page of our website.
If we purchase the domain name on your behalf. You will be notified 30 days before the renewal payment is due. If payment is not received you may lose your domain name.
PIXUS shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
PIXUS will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
No matter how many claims are made and whatever the basis of such claims, PIXUS’ maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.
None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of PIXUS, its employees or its sub-contractors.
PIXUS shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-
- interruptions to the flow of data to or from the internet;
- changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
- the effects of the failure or interruption of Services provided by third parties;
- factors outside of PIXUS’ reasonable control;
- Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
- problems with Your equipment and/or third party equipment;
- interruptions to the Services requested by You.
All data created or stored by You on your website are Your property. PIXUS makes no claim of ownership of any web content, email content, or any other type of data contained on your webiste.
PIXUS maintains backups of its servers and infrastructure pursuant to its own archiving and business continuity procedures. In the event of loss of or damage to your data relating to actions made by You or on Your behalf you will not be given access to any data stored as part of these procedures.
In the event of loss of or damage to your data relating to a failure in hosting systems or servers, PIXUS will make reasonable commercial efforts to assist you in the restoration of your data, however You accept full responsibility for maintaining adequate backup copies of all your data.
You shall indemnify PIXUS against all damages, losses and expenses arising as a result of any action or claim that the content or data of Your site or content or data accessed from or published as part of the Services infringes the intellectual property rights of a third party.