Marketing Pixelz is pleased to set out their Terms and Conditions, which will apply to the work we do for you. These Terms and Conditions and the Quote Estimate supplied to you form the contract between us for the provision of Marketing Pixelz’s services.
1. Marketing Pixelz’s Role:
1.1. The Services: Marketing Pixelz will provide the services described in the Quote Estimate as presented. As an assignment develops, it may be that the scope of the required work changes. Where this is the case, Marketing Pixelz will seek to discuss it with you at the earliest opportunity in order to agree upon any variations to the scope of the Services and the Quote Estimate, which may be necessary.
1.2. Information: To maximise Marketing Pixelz’s effectiveness we must work with you as a team. Often Marketing Pixelz’s work will be dependent on you (or your other advisers) providing information promptly. To avoid unnecessary verification, Marketing Pixelz will assume all information you provide is complete and accurate unless you tell us otherwise.
1.3. Force Majeure: Marketing Pixelz shall not be liable for any delay or failure to perform their obligations where such delay or failure to perform arises from circumstances outside Marketing Pixelz’s reasonable control.
2. Payment Terms:
2.1. If Marketing Pixelz and the client agree on a fixed quote regarding any services then they are liable to pay 25% of the billable amount in advance, prior to the commencement of the work. The remaining 75% of the payment will have to be made within the last day of the specific month.
2.2. Marketing Pixelz shall invoice the clients monthly, in advance.
2.2. Also, if the clients do not pay a monthly invoice when it is due, Marketing Pixelz shall pause all the services immediately and will resume the services only when the payment is made.
2.3. Termination: Should you wish to terminate the contract after the commencement of work, you will be invoiced for work already completed.
3.1. In most cases, Marketing Pixelz will provide a scoping document which details the functionality in the work we do for our clients, this includes but is not limited to a marketing campaign. Where the client signs and approves this scoping document, any changes beyond the scope will be handled as a new update and priced accordingly.
4.1. Content and Images: It is your responsibility to provide us with the required information about your business and marketing objectives. Marketing Pixelz takes no responsibility for errors in content supplied by you. Any changes thus incurred may be chargeable at standard rates. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the work. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif, tif, png or psd format. Text should be supplied as a Microsoft Word document. Failure to supply material in an easily accessible format may result in additional cost being incurred for retyping text. Where the content which is provided is in a form where a significant amount of copy writing is required, a further charge may be made.
4.2. Information for charts, graphs, and infographics to be supplied in Excel. If we are required to retype large amounts of content, then additional costs may be incurred.
4.3. Marketing Pixelz will assume that all images supplied to us are owned by the Client or have been purchased from stock libraries and are licensed to the client for use. We cannot use images taken from Google.
4.4. If you are using images of children that you have taken, then we will assume that you have been given the permission to use these images.
4.5. You grant Marketing Pixelz permission to utilise logos and any other company identity for the purposes of creating the project. You agree to indemnify Marketing Pixelz from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.
5.1. Confidentiality: Save as required by law, Marketing Pixelz will keep your documents and affairs confidential at all times, unless you permit disclosure or the relevant circumstances are already in the public domain. Marketing Pixelz may, however, disclose your documents and affairs to:
Such of your other service providers as you inform Marketing Pixelz are involved in any assignment on which Marketing Pixelz is instructed;
Marketing Pixelz’s affiliates or related parties; and
Any other service provider to whom Marketing Pixelz may properly delegate aspects of any assignment in order to provide a full range of services to you.
6. Intellectual Property:
6.1. Freedom to use Ideas and IP: Marketing Pixelz may develop or use for other clients any ideas, concepts, source code, information or know how reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you.
6.2. Ownership of Materials and Intellectual Property: All products, creative works, plans for designs, unique campaign ideas, slogans, copy themes, preliminary sketches, layouts, copy, artwork, production services, public and other marketing material (whether on paper, computer disk, by email or in some other digital format) accepted by Marketing Pixelz, shall, upon you paying Marketing Pixelz in full for the relevant materials, be your property, except to the extent that any intellectual property rights therein have been reserved by Marketing Pixelz or third parties engaged or employed by Marketing Pixelz.
6.3. Portfolio Rights. Marketing Pixelz retain the right to showcase your project on their website and design portfolio for the sole purpose of promoting our work.
6.4. Working Files and Copyright. Marketing Pixelz own the legal copyright of our working files. Working files are our intellectual property and this can be and not limited to design concepts, design elements, infographics, fonts and imagery. Working files are not released as part of our projects. If you wish to be supplied working files, then this needs to be requested and we will supply a quote for this release.
7.1. All services may be used for lawful purposes only. You agree to indemnify and hold Marketing Pixelz harmless from any claims resulting from your use of our service that damages you or any other party.
8.1. Our total liability to you in contract or in tort arising in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.
9.1. Variation: These Terms and Conditions (and/or the contents of any agreement to which they relate) may be varied or superseded at any time by agreement in writing between us. Any such variation shall not affect any rights or obligations of either of us that may already have accrued, unless otherwise specifically agreed.
If there are any questions regarding our Terms & Conditions you may contact us using the information below.