Terms & Conditions of Service
Please read these terms carefully prior to commissioning works.
These Terms & Conditions of Service form a contract between us and you; your acceptance of these terms is agreed the moment you instruct Next Pixel to undertake work on your behalf.
We have tried to keep these terms easy to understand and as straight forward as possible but please do not hesitate to contact us for further information.
Charges for services provided by Next Pixel are defined in the project proposal that a Client receives on email and are valid for 60 days.
Unless otherwise agreed with the Client, all project work requires an advance payment of fifty (50) percent of the proposed project prior to works commencing. The remaining fifty (50) percent is due upon completion of works, prior to upload to the live server or release of materials.
Payment for services is due by cheque, bank transfer or credit card.
- Cheques should be made payable to History & Heraldry Ltd and sent to PO Box 487, Rotherham, S66 8WX
- Bank details are available on invoices
- Card payments can be taken by calling 01709 730 700
3. Client review
Next Pixel will provide the Client with opportunities to review the appearance and content of their project throughout the production cycle. At the completion of the project, works will be deemed to be accepted and approved unless the Client notifies Next Pixel otherwise within ten (10) days of the Client being asked to commence their acceptance tests.
4. Turnaround time and content control
Next Pixel will install and publicly post or supply the Client’s website by a date agreed with the Client upon Next Pixel receiving initial payment, unless a delay is requested by the Client and agreed by Next Pixel.
The Client agrees to delegate a single individual as a primary contact to assist Next Pixel with progressing the project in a satisfactory and expedient manner.
During the project, Next Pixel will require the Client to provide website content unless content is to be produced by Next Pixel as part of the project. Any delays to content being made available may result in your project completion date being after the agreed completion date.
Invoices will be provided by Next Pixel via email but the Client may choose if they prefer hard copies. Any invoices that remains unpaid 30 days after the date of the invoice will be subject to a service charge in the amount of the higher of one and a half (1.5) percent or £30 per month of the total amount due.
Next Pixel reserves the right to suspend your website and email accounts over any and all non-payments. It is your responsibility to ensure all invoices are paid on time. Next Pixel will make every effort to resolve your non-payment problems, however, it is not their responsibility or liability to do so as this is you as the client responsibility.
6. Additional expenses
The Client agrees to reimburse Next Pixel for any additional expenses necessary for completion of the project. Examples would be the purchase of third-party software or licenses, fonts, travel or stock photography, all purchases will be agreed with the Client in advance.
7. Web browsers
Next Pixel test all digital work prior to publication on desktop, tablet and mobile devices. This includes the latest version of a devices operating system and the latest browsers. Works are tested on the Chrome, Firefox, Internet Explorer and Safari browsers.
Next Pixel cannot be held responsible for web pages which do not display or function correctly on new versions of browsers released after the project has been handed over to the Client. In such an event Next Pixel are happy to assist but reserve the right to quote for any works required by future browsers.
Termination of services by the Client must be requested in a written or email notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or by email.
The Client will be invoiced for works completed to the date of the notice of cancellation with payment due in full within thirty (30) days.
All Next Pixel services may be used for lawful purposes only. You agree to indemnify and hold Next Pixel harmless from any claims resulting from your use of our service that damages you or any third party.
The Client retains the copyright to all content provided by the Client and grants Next Pixel 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 Next Pixel permission for rights for use of the same and agrees to indemnify and hold harmless Next Pixel from any and all claims resulting from theClient’s negligence or inability to obtain proper copyright permissions.
11. Standard content delivery
The Client agrees to provide all content in an electronic format, the specifics of which will be agreed with their project manager.
A link to Next Pixel will appear in small type at the bottom of the Client’s website.
The Client also agrees that any published works can be presented in the Next Pixel portfolio and feature as part of any future marketing campaigns unless agreed otherwise.
13. Access requirements
If the Client’s website is to be installed on a third party server, Next Pixel will be granted temporary read/write access to the Client’s storage directories which must be accessible using an FTP connection.
Next Pixel give no guarantees to the performance of a website on a third party server.
14. Post project alterations
Next Pixel cannot be held responsible for any alterations made by a third party following publication of the project. Such alterations include but are not limited to additions, modifications or deletions.
15. Domain names
Next Pixel may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Next Pixel.
The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Next Pixel use servers leased from UK Fast, a leading UK hosting provider. Subsequently, Next Pixel cannot be held accountable and will accept no responsibility or liability of any kind for any issues you may experience, however, Next Pixel will make every effort and attempt to resolve issues that may arise on your behalf. If the issue is caused by the hosting provider, there will be no charge applied to your account from Next Pixel. If the issue was caused by you or it is diagnosed as a local issue however, then our standard hourly rate will apply
Any email accounts provided as part of a hosting package are provided on complimentary basis. Next Pixel recommend using premium email solution and are happy to recommend service providers.
Next Pixel takes no responsibility for any website hosted on a server it does not manage or charge for, although Next Pixel will make every effort and attempt to resolve issues that may arise on your behalf.
17. Retained services
Retained Services is defined as regular works undertaken each month to assist the smooth running or promotion of a Client’s project.
Next Pixel will honour the components of your chosen Retained Services package providing monthly payments are received in advance.
In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
Next Pixel 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 client’s artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Next Pixel 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.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
These terms and conditions supersede all previous representations, understandings or agreements.
Unless expressly agreed in writing by all applicable parties any alteration to these conditions will not apply.
The electronic signing or making payment of an advanced fee constitutes agreement to and acceptance of these Terms and Conditions of Service.
21. Governing Law
This agreement shall be governed by English law.