Pixal8 Media Pty Ltd
Reg 2013/052352/07

Prelude
Agreement and terms and conditions between clients of Pixal8 Media, whether in person or by contract to third party as the relationship may dictate at the time. It is hereby agreed that the clients of Pixal8 Media (herein after referred to as “the parties”) will read the terms and conditions into all quotations, work done, third party relationships and client and Pixal8 Media relationship in general.


Definitions

Artwork shall mean any sample, specimen, sketch, design, layout, photograph, slide any proof, pull or other work designed, created or altered by Pixal8 Media or on which Pixal8 Media applied its creative ideas or invested its intellectual design ability whether such artwork was in existence or altered. The artwork does not include open files, unless the client has paid for it additionally.


Deposits

Deposits of 50% is required on acceptance of any quotations. The final 50% has to be paid on sign-off of all artwork. The artwork (excluding working files) will then be released for production. Pixal8 Media can unfortunately not commence with any work until the 50% deposit is paid by the Client.


Quotation

Quotations will be valid for 30 (thirty) days from the date of the quotation only.


Client Responsibilities

  •  To prepare a clear brief.
  •  Provide Pixal8 Media with the correct specifications (format, size and printing specifications if needed) for the brief.
  •  To provide Pixal8 Media with a reasonable deadline.
  •  To sign-off all artwork before distribution / printing / launches as Pixal8 Media will under no circumstances be liable for any errors.
  •  Keep within the turnaround time agreed upon, or accept revised time, cost and quality penalties.
  •  The Client is solely responsible for providing Pixal8 Media with all necessary information required in the brief. Pixal8 Media will not be  responsible for any shortcomings which was not provided by the Client.


Initial Designs

Approval of artwork will be done once the Client is furnished with proofs of the designs. The Client shall approve the artwork by affixing his/her signature to the proof thus indicating that he/she accepts the artwork. Proofing can also be done via email.

After approval of the artwork by the Client, the Client shall have no claim against Pixal8 Media for errors on the signed design. If the client wishes to amend the design or artwork for other reasons than errors made by the printer and/or designer, the Client shall be held liable for the cost thereof.

Pixal8 Media shall not be held liable for any damage or loss suffered if the Client’s instructions were to proceed without the submission of the design proofs.

On receipt of the products it shall be deemed that the Client inspected the products and the products are in good order if the client or his representative accepts the products. No products shall be returned to Pixal8 Media after the delivery date without the written consent of Pixal8 Media.


Preliminary Work
All work carried out by Pixal8 Media, whether it is only conceptualisation or otherwise will be deemed chargeable.


Printing Proof Policy

Pixal8 Media will supply the Client with a printed proof before sending in the entire order. The Client is responsible to review the spelling and any other information. Once the proof is signed-off by the Client, Pixal8 Media will not be responsible for any re-printing of artwork in case there where any errors on the signed-off proof.


Electronic Proofs
Electronic proofs closely represent the colour, however it is not exact. The colours of your proofs as they appear on your computer screen, are only a close representation of the final print. Colours may vary depending on your monitor’s brightness, contrast and colour adjustment settings. Pixal8 Media will not be responsible for variances in final printed colours, however we strive to produce a final product as close as possible to what you would see on your computer screen.


Websites
Search engines unfortunately take a lot of factors into consideration when determining a website’s ranking, Pixal8 Media cannot guarantee any particular placement.


Intellectual Property
Ownership of the intellectual property of all open design files and website development files remain the property of Pixal8 Media. If the Client requires the full ownership of the intellectual property / open files of the artwork, Pixal8 Media will send an invoice for the purchase of the intellectual property / open files. The intellectual property / open files shall only be assigned or transferred to the Client as soon as the full amount has been received by Pixal8 Media. Pixal8 Media’s quotations on all work does not include open files. If the client requires the open files, the client can purchase the open files from Pixal8 Media and all rights will be moved to the Client.

Only if the Client gives her/his permission, Pixal8 Media can use it as promotion to our services on their website/Facebook or in their portfolio.

Materials, files and computer files used in the creation of the final artwork or products shall remain the property of Pixal8 Media. No person shall be authorised to use any product or artwork or any of the products if the full outstanding amount has not been paid.


Cancellation

Pixal8 Media reserves its rights to cancel the project at any time without prejudice to its rights if the client fails to pay any amount due or perform any other act to the agreement between the parties whether in writing.

Upon cancellation all amounts owed to Pixal8 Media by the client becomes due and payable immediately . Every quotation is subject to the cancellation by Pixal8 Media if the client breaches any terms of this agreement.

If the client rejects a design or cancels the agreement before or on the date of the submission of the design, the client shall forfeit the deposit and shall be liable for any additional labour and expenses incurred by Pixal8 Media to date of cancellation.

If the client cancels the agreement after date of submission of the design, the client shall be held liable for the full outstanding amount together with any other cost incurred in the collection thereof.

If any artwork was sent to print or other suppliers for production, the client will be liable to pay the full amount as initially quoted.


Costs not initially quoted for

If the client requires any additional work to be created by Pixal8 Media, which costs are not set out in the quotation, the client shall be invoiced therefore accordingly.


Entire Agreement

The parties agree that this agreement is the entire agreement between them. No variation thereof or waiver of any rights, obligations or consensual cancellation hereof shall be of force or effect unless reduced to writing and signed by both parties.


Incorporation

Terms and conditions referred to in this document will be applicable to the relationship between Pixal8 Media and the client in whatsoever other capacity the parties may here and after relate to each other, with the understanding that the principles laid down in this agreement will as a rule, unless pertinently stated otherwise, supersede all other agreements and relationships between the parties, with special reference to quotations and invoices and the burden of proof will in all instances be on the client and not on Pixal8 Media.