The Web Design Company
Driven By Digital Fluency, Creative
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Terms & Conditions

Definition of terminology used in this document:

Authorisation

The client is engaging PIXEL DESIGN LTD, as an independent contractor for the specific project of developing and/or improving a World Wide Web site to be published on the client’s account on an Internet Service Provider (ISP)/Web Presence Provider (WPP), hereinafter referred to as “Hosting Service”, or provided on a CD at the client’s option.

Payment

PIXEL DESIGN Ltd will commence work on a Project only after the receipt of 50% payment of the quoted Project fee from the Client. The final 50% payment is to be made on completion of the website. Upon the completion of the project, an e-mail or postal mail invoice will be sent to the Client advising the Client that the work has been completed. The Client has two (2) days to review the work. Projected cost plus any additional charges incurred should be paid within five (5) days after delivery of the e-mail or letter and invoice. The website will be switched to Live Mode once the Client’s remaining balance is paid in full. All payment will be made on British Pound Sterling.

Domain Registration

PIXEL DESIGN Ltd may obtain a domain name for the Client at the Client’s request. The price for Domain Registration is listed in Appendix. Although the domain names are registered to PIXEL DESIGN Ltd, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, PIXEL DESIGN Ltd will do this within a reasonable timeframe. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, PIXEL DESIGN Ltd cannot be held liable for this. However, PIXEL DESIGN Ltd will make reasonable effort to contact the Client regarding domain renewal.

Standard Hosting Service

PIXEL DESIGN Ltd may either secure a hosting account on behalf of the Client (the price for Standard Hosting Service is listed in the Appendix) or the Client may secure Hosting Service independently or utilise other available hosting spaces, such as that provided by an Internet Service Provider, at the Client’s discretion as long as all the requirements are met.

Copyrights and Trademarks

The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to PIXEL DESIGN Ltd for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend PIXEL DESIGN Ltd from any liability, which is including solicitor’s fees and all legal costs including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. PIXEL DESIGN Ltd retains the right to display graphics and other Web Design elements as example of their work in their respective portfolios.

Technical Assistant or Training

PIXEL DESIGN Ltd will provide a two (2) hours training to the Client’s designated representative regarding management of the Client’s web site after the site is officially declared completed. Extra assistance will be offered in hourly rate or a Maintenance Agreement to compensate PIXEL DESIGN Ltdfor providing such assistance, the price of hourly rate and Monthly Maintenance is listed in Appendix.

Maintenance Agreement

PIXEL DESIGN Ltd offers two kinds of maintenance agreements. First, the Clients pays a fixed monthly rate, the price and description are listed on Appendix A. Monthly Maintenance does not include major page reconstruction, guestbook, discussion webs, replacing nearly all text from a page, or changing navigation structure. Second, the Client pays any Additional Page rate, which price and descriptions are listed on Appendix A. The Client and/or agent(s) of the Client other than PIXEL DESIGN Ltd may have the capabilities to update or maintain the contents of the web pages. However, if damage(s) occurred in the process, which impaired the ability for the web pages to display or function properly, time to repair the web pages will be assessed at the hourly rate of £75. There is one-hour minimum. In this regard Client is encouraged to obtain a Maintenance Agreement.

Electronic Commerce Laws

The Client agrees that the Client is solely responsible for complying with any laws, taxes and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect and defend PIXEL DESIGN Ltd from any claims, suits, penalties, taxes, fines or tariffs arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes and/or tariffs.

Legal Notice

Notwithstanding anything to the contrary contained in this Limits and Exclusion, neither PIXEL DESIGN Ltd nor any of its employees or agents warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality, content and performance of the Web Design Project is with the Client. PIXEL DESIGN Ltd is not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. Even if PIXEL DESIGN Ltd has been advised of the possibility of such damages.

Completion Date

PIXEL DESIGN Ltd and the Client must work together to complete the website in a timely manner. We agree to complete the website no later than one (1) month after Client has submitted all necessary materials. If the Client fails to supply PIXEL DESIGN Ltd with complete materials within 28 days after signing the contract, PIXEL DESIGN Ltd has the right to cancel the signed contract with the Client and retain the initial 50% payment received.

Cancellation

Cancellation of the project at the request of the Client must be made by certified letter. In the event that work is postponed or cancelled at the request of the Client by registered letter, PIXEL DESIGN Ltd will have the right retain 50% of total project cost. However, when 50% of project time is already invested, additional 25% payment will be due, which will be billed to the Client within ten (10) days of notification via registered letter to stop the Project.

This agreement will be governed and construed in accordance with the laws of the UK. In the event any specific portion of this contract is deemed legally unenforceable; the remaining portion of this contract is still be considered valid to the maximum extent allowable by UK Law.

Privacy and Data Protection Policy

Information that we gather and your rights

In particular, with reference to the GDPR regulations individuals have eight important rights. Following is information on how Pixel Design Ltd treat each of these rights with respect to the GDPR and your data. You should understand that at Pixel Design, we deal with a wide range of data and other services from our data center.

Your right to be informed

The legislation known as General Data Protection Regulations (also known as GDPR), gives everyone within the European Union, European Economic Area and European Free Trade Area. You have the right to know what we do with your data, why and how you can withdraw your consent for us to do that, plus details of exactly who we are.

This policy applies to Pixel Design Ltd. Our address is 20 Orissa Road, London, SE18 1RG. The person responsible for managing all the data held by the company is the managing director. Ordinarily, you would contact the managing director who will ensure your rights have been upheld.

As a business that sell to businesses and members of the public, there are a number of lawful reasons that we may hold information about an individual. An individual is someone not classed as either a Limited Company, Limited Liability Partnership, a PLC, a Community Interest Company or Charity. There are predominantly three reasons we do this

Hold enough data to allow us to have a business relationship.

To transact our business and hold sufficient data for us to be able to process orders and deliver services on those orders.

To send, with consent, promotional marketing emails with respect to our products and services that we think may be of interest to you. We gather consent in a number of ways including asking the question over the phone when taking orders in that way, and seeking affirmative confirmation of your consent on our website when you place an online order.

By law, we must retain this information for as long as one of those three lawful reasons continues to be applicable. If we do not have your permission to send emails, and we have not transacted an order with you for a period of six years, then we delete the personal information from our systems, and request that any third-party data processors that we may have sent that data to also delete it from their systems.

If at any time you wish to withdraw your consent or make a complaint about our handling of personal data then you can email info@pixeldesingltd.co.uk , or write to us at 20 Orissa Road, London, SE18 1RG. We will remove that consent or contact you with respect to your complaint within one month of receiving your request.

The right of access

If you wish to know what data we store about you, check that it is accurate, or that it is being used lawfully, then you may email info@pixeldesignltd.co.uk , or write to us at 20 Orissa Road, London, SE18 1RG and we will provide you with any data that we hold about you in the same format in which you made the request.

We will do this within one month, unless the request is complex, or we have too many requests to deal with, in which case we will inform you within one month that we will be using the extension of time we are allowed under such circumstances.

The right to rectification

Should you believe the information we hold about you to be inaccurate then you may email us on info@pixeldesignltd.co.uk or write to us at the address above to let us know.

We will correct the information we store, then inform any third parties that we may have provided that information to requesting that they rectify the information they hold too.

We will do this within one month of the request unless the request is complex, or we have too many requests to deal with, in which case we will inform you within one month that we will be using the extension of time we are allowed under such circumstances.

The right to erasure

GDPR gives you the right under certain circumstances for any company that holds data about or that is yours to be deleted or amended. You may request that we erase the information which we hold about you (also known as the right to be forgotten). You may request this if you believe that we no longer need the information for which it was originally lawfully collected, and that you have withdrawn or never gave your consent for us to use the data for marketing purposes, or you feel that it was unlawfully processed. In order to comply with your wishes, we will have to cease providing you with the services; alternately, you may wish to wait until we are no longer providing you with the services we provide, once finished, we will comply with your wishes in line with the law.

Please contact us with your request on info@pixeldesignltd.co.uk or write to us at 20 Orissa Road, London, SE18 1RG to let us know.

We will consider these requests and take appropriate action within one month of the request, unless the request is complex, or we have too many requests to deal with, in which case we will inform you within one month that we will be using the extension of time we are allowed under such circumstances.

The right to restrict processing

Under the GDPR you also have the right in certain circumstances to restrict the data that is being processed. You may ask us to restrict the processing of your personal information if you think it is inaccurate, you object to the processing, or you wish us to retain the information past the point at which we would normally remove it as you wish to establish or defend a legal claim.

Please contact us with your request on info@pixeldesignltd.co.uk or write to us write to us at 20 Orissa Road, London, SE18 1RG, for the Attn. of the managing director.

We will consider these requests and take appropriate action within one month of the request (including where appropriate informing any third parties of this restriction), unless the request is complex, or we have too many requests to deal with, in which case we will inform you within one month that we may need an extension of time.

The right to data portability

You may request a copy of the data that we hold about you in a machine-readable format (for example an Excel spreadsheet or text file) for the purposes or re-using that data for any reason.

Please contact us with your request on info@pixeldesignltd.co.uk or write to us at 20 Orissa Road, London, SE18 1RG We will provide this free of charge within one month of the request, unless the request is complex, or we have too many requests to deal with, in which case we will inform you within one month that we will be using the extension of time we are allowed under such circumstances.

The right to object

The GDPR gives you the right under certain circumstances to object to the data that is either held about you or is incorrect. Should you object to our handling of your data in the areas of direct marketing, processing orders, or for any other reason than you may inform us of your objection by emailing us on info@pixeldesignltd.co.uk or write to us at the address above to let us know.

If we agree with your written objection, and whilst we consider it, that we will not use the data in the way to which you are objecting. Then we will restrict the processing of that data free of charge and within one month, unless the request is complex, or we have too many requests to deal with. In which case, we will inform you within one month that we may need an extension of time.

You will also be given the option to object to us sending you marketing information at the point at which you place an order with us or give us your personal information, and this is addressed in section 1. The right to be informed.

Rights in relation to automated decision making and profiling

We may make automated decisions (via a computer algorithm) on certain aspects of the marketing materials that we send to you. We do not make any other automated decisions on your information.

We do not make any decision on what the GDPR regulations suggest is special categories of personal information; nor make any decisions based on ethnicity, race, sex, gender or disability.

If you object to the automated data processing that we perform on your personal information, then you may ask us not to do this. Since this decision making is integral to how we send marketing materials, then we will simply remove any marketing consent that you have given to us, which will result in your data not being processed in this way.

Please contact us with your request on info@pixeldesignltd.co.uk or write to us at the address above to let us know. We will do this free of charge within one month, unless the request is complex, or we have too many requests to deal with, in which case we will inform you within one month that we may need an extension of time.