Terms & Conditions

These Terms and Conditions of Service are applicable to all products and services provided by PixelMix Design & Co. and shall be governed by the laws of South Africa in the event of any dispute.

By engaging in a business relationship with PixelMix Design & Co., you, the client, acknowledge your full agreement and adherence to our terms and conditions.

Copyright

All design work, encompassing words, images, concepts, visuals, and illustrations, shall remain the exclusive copyright of PixelMix Design & Co., unless a written agreement specifying otherwise is provided after the settlement of all costs. In the event that multiple design options are presented, the selected solution shall be considered as the contractual fulfillment, and ownership of all other designs will vest with PixelMix Design & Co., unless otherwise documented in writing.

Project Acceptance

Upon presentation of a proposal, PixelMix Design & Co. shall furnish the customer with a written estimate or quotation via email. The client’s acceptance of the quotation via email signifies their agreement to these Terms & Conditions, thus binding them to their terms. It is paramount to note that PixelMix Design & Co.’s Terms & Conditions shall take precedence over any conditions on the customer’s purchase order.

Design Charges

The charges for design services provided by PixelMix Design & Co. will be explicitly detailed in the estimate or quotation supplied to the customer. Upon the customer’s acceptance of said estimate or quotation, signifying their acknowledgment of our Terms & Conditions, a non-refundable payment of 50% of the quoted fee becomes immediately due. Unless a different arrangement is reached with the client, all design services necessitate an advance payment of a minimum of fifty (50) percent of the project quotation total before the commencement of work. The remaining fifty (50) percent is payable upon the project’s completion, prior to the upload to the server or release of materials.

Source Files

PixelMix Design & Co. will provide proofs and PDF files as suitable for printing or other graphic files according to the project scope or request. It is essential to be aware that design charges do not encompass the release of copyright design source files, which include, but are not restricted to, indd, psd, AI, png, fla, or other source files or raw code. If the client requires these files for transfer to an in-house or other designer, a separate quotation or ‘buy-out’ charge will be applied.

Charges for Other Services

Any additional services requested during the project that exceed the estimated time or scope will be billed in full (100% of the quoted amount) upon acceptance of the estimate or quotation.

Payment

Upon final publication, the customer shall receive an Approval Form or Proof Email, along with an Invoice. At this juncture, the outstanding amount shall become payable, and the customer will be required to sign and return the Approval Form or provide approval via email to PixelMix Design & Co. Any invoice-related queries must be submitted via email within 14 days of the invoice date. In cases of overdue accounts, an interest charge of 10% on the outstanding amount shall apply from the due date until payment is made. Payments can be facilitated through online transfer.

An account shall be deemed in default if payment remains outstanding for 30 days from the date of the invoice. PixelMix Design & Co. is authorized to remove PixelMix Design & Co.’s and/or the customer’s material from computer systems until the full amount due is settled, encompassing unpaid monies for services like hosting, domain registration, design, and maintenance, among others. This action does not absolve the customer of their payment obligations. In the event of default, customers agree to cover all of PixelMix Design & Co.’s reasonable legal and accounting expenses, as well as third-party collection agency fees, incurred during debt enforcement proceedings.

Copyrights and Trademarks

By supplying text, images, and other data to PixelMix Design & Co., the customer asserts ownership of the requisite copyright and/or trademark permissions. Materials provided by the customer shall remain their property, or the property of the rightful copyright or trademark owner. Any artwork, images, or text created or supplied by PixelMix Design & Co. shall remain the property of PixelMix Design & Co. and/or its suppliers, unless otherwise agreed in writing.

The customer may request written permission from PixelMix Design & Co. to use materials for purposes beyond the scope initially defined, subject to potential additional charges. The customer grants PixelMix Design & Co. the permission to use any materials provided for design purposes.

Alterations

Any changes requested beyond the estimated work or outside the agreed scope, as well as any amendments made by third parties, shall be subject to additional charges. PixelMix Design & Co. bears no responsibility for changes introduced by third parties before or after design publication.

Licensing

Designs, copywriting, drawings, ideas, or code created by PixelMix Design & Co. or its contractors are licensed for one-time use by the client and may not be modified, reused, or redistributed without express written consent from PixelMix Design & Co. and relevant sub-contractors. It is the client’s responsibility to register designs as necessary and seek legal advice concerning their usage.

Data Formats

The client shall adhere to PixelMix Design & Co.’s standards for supplying data. Text should be submitted in electronic format as standard text (.txt), MS Word (.docx), or via email/FTP or shared folder. Images supplied electronically must meet PixelMix Design & Co.’s prescribed format via email/FTP, and they should be of sufficient quality for use without subsequent image processing. PixelMix Design & Co. is not liable for image quality issues deemed unacceptable by the client. Quality concerns regarding scanned images from printed materials shall not be PixelMix Design & Co.’s responsibility.

Additional expenses may be incurred for necessary actions such as photography, art direction, media conversion, digital image processing, or data entry services, which shall be communicated to the client.

Design Project Duration

Projected project duration is an estimation, and PixelMix Design & Co. cannot be held accountable for project overruns. The estimated project duration begins from the date of receipt of cleared funds by PixelMix Design & Co. or a date confirmed in writing.

Rights of Access for Website Construction

The client consents to provide PixelMix Design & Co. with access to computer systems and other locations as required to complete website projects, including the requisite permissions, usernames, and passwords. In cases where data or sites need to be removed due to non-compliance with these Terms & Conditions, the client agrees to provide the necessary access and cooperation.

Design Project Completion

Upon the customer’s signed Approval Form or sign-off email, PixelMix Design & Co. considers the design project completed. Additional services, such as printing, display panel production, filmwork, website uploading, or publishing, constitute separate projects and may incur additional charges.

Website Design

PixelMix Design & Co. offers web design services utilizing third-party applications and web-based platforms, primarily WordPress. Clients may expect a live demo for their websites, and changes can be made accordingly. It’s crucial to understand that we do not provide “mock-ups” or multiple options for websites. Website security is the client’s responsibility and may be handled by a third party. Website maintenance and updates are not included unless specifically requested.

Hosting Websites

PixelMix Design & Co. utilizes an outsourced hosting provider and cannot guarantee continuous service or accept liability for service loss. We may recommend a change of hosting account type if deemed necessary for improved service quality. The client is responsible for third-party hosting fees and domain name renewals.

Domain Registration

While we will endeavor to register domain names on behalf of clients, we cannot guarantee domain name availability, and successful registration cannot be assumed.

Design Credits

The client permits PixelMix Design & Co. to display a small credit on printed materials, exhibition displays, advertisements, or a link to PixelMix Design & Co.’s website on the client’s website. Such credit typically takes the form of a small logo or text placed at the bottom of the page. PixelMix Design & Co. also reserves the right to showcase websites and designs on its website and in its publicity and portfolios.

Rights of Refusal

PixelMix Design & Co. reserves the right to exclude any text, images, or data it deems immoral, offensive, obscene, or illegal from its designs. All advertising materials must comply with standards set by relevant advertising standards authorities. PixelMix Design & Co. may refuse to include submitted materials without specifying reasons. In cases where non-compliant content is included in good faith and subsequently identified as contravening these Terms & Conditions, the client is obligated to permit its removal without objection or penalty.

Cancellation

Cancellation requests must be initiated via email. Clients will be invoiced for all work completed beyond the non-refundable deposit made during the initial order. The balance must be paid within 30 days. Cancellations not formally confirmed and received by PixelMix Design & Co. within 14 days of the instruction issuance will be liable for the full project cost as quoted. Yearly and month-to-month contracts include a 30-day cancellation notice period. If you wish to cancel your yearly/month-to-month contract, kindly provide us with written notice at least 30 days prior to your desired cancellation date. During this notice period, your contract will remain in effect, and you will continue to receive the agreed-upon services. This 30-day notice period allows us to process your cancellation request and ensures a smooth transition.

Disclaimer

PixelMix Design & Co. provides no warranties, express or implied, for products and/or services it supplies and shall not be held responsible for any resulting damages. We do not guarantee the performance or quality of recommended materials and accept no liability for any consequential losses resulting from their failure. Any claims against PixelMix Design & Co. are limited to the relevant fee(s) paid by the customer.

General

These Terms and Conditions supersede all previous versions and may be changed at any time without prior notice. Continued engagement with PixelMix Design & Co. implies acceptance of the latest Terms and Conditions.

Acceptance of Terms and Conditions and Quotation

Placement of an order, whether by email, WhatsApp, verbal communication, or in writing, signifies acceptance of these Terms and Conditions. Validation of an estimate by the customer’s signature on the estimate or quotation form, or via email, constitutes agreement to comply fully with these Terms and Conditions, forming a binding Contract for Business between the signatory and PixelMix Design & Co.