Terms and Conditions

By ordering a website from Swish Pixel, you confirm that you are in agreement with and bound by the following terms and conditions.

Definitions

The Client
The company or individual requesting the services of Swish Pixel.
Swish Pixel
The company designing a website for the client.
Script
A file containing programming code that functions a part of a website.
Application
A collection of scripts to designed to perform a specific job.
Server
The place where websites are stored on the internet.

General

Swish Pixel will begin work on a website once we are in agreement with the client that the quote and brief for the job is complete and accurate, a sales confirmation (pro-forma invoice) has been signed and returned and the agreed deposit has been paid.

Website Design

A deposit of 40% of the total cost (excluding any hosting fees) of a website is required before any design work will be carried out.

Once a website has been designed and completed, the final balance of payment is then due in accordance with our payment policy. Non-payment may result in the necessary legal action being taken.

The entire website, including graphics, files and scripts remain the property of Swish Pixel until all outstanding accounts are paid in full.

All scripts and applications included in a website will remain the copyright of Swish Pixel and may not be commercially reproduced or resold without written consent from Swish Pixel.

Swish Pixel will not take responsibility for any copyright infringements caused by materials supplied by the client. We reserve the right to refuse usage of material of a copyrighted nature unless adequate proof is given of permission to use such material.

Swish Pixel reserve the right to charge accordingly for any additions to the design brief decided upon by the client after work has started and the price is agreed. Any additions which Swish Pixel see necessary while developing a website to the design brief will not be charged for.

The client agrees to supply all materials such as literature and images required to complete the site in the designated timeframe and to the initial brief.

Swish Pixel will not accept responsibility for any losses incurred due to malfunction of a website or any part of it.

Swish Pixel will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Swish Pixel will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

Swish Pixel will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Swish Pixel will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site or any aspect of its servers.

Database Applications and E-Commerce Development

Swish Pixel will not take responsibility for any losses incurred by the use of any applications created for the client. We strive to ensure that all products are accurate and bug-free before deployment, but the client is ultimately responsible for ensuring that all applications are functioning correctly before use.

All scripts and applications included in a website will remain the copyright of Swish Pixel and may not be commercially reproduced or resold without written consent from Swish Pixel.

Where applications are developed for servers not directly supplied by Swish Pixel, the client is expected to co-operate in providing all information pertaining to the server required, in order for the application to be correctly developed. The client is also responsible for providing a suitable testing environment identical to the final production environment under these circumstances.

The client is expected to test all applications and programming relating to a site developed by Swish Pixel before it is deployed. Once a site is live, Swish Pixel will endeavour to correct any bugs or errors upon notification. However, we are not obliged to do so, since the client is responsible for this in the development stages.

Compatibility

Swish Pixel will endeavour to ensure that all websites and applications we develop will function correctly on the server they are installed on and function correctly when viewed with the following major web browsers; Internet Explorer (back to version 5.0), Firefox, Opera, Netscape, AOL. Swish Pixel cannot guarantee correct functionality with every possible web browser. Swish Pixel will also strive to meet the standards of the W3C (World Wide Web Consortium) recommendations for accessibility.

Hosting Services

All websites and applications Swish Pixel develops are recommended to be hosted on our own Linux servers. We will design for any other compatible server, but no guarantees can be made as to the availability or interruption of such services.

Swish Pixel cannot accept liability for losses caused by the unavailability, malfunction or interruption of our own, or any other hosting service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Swish Pixel reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate our hosting service if necessary.

Payment

A 40% deposit is required from any new client before any work is carried out. Swish Pixel's payment policy requires accounts to be paid in full, no later than 30 days from the date of the invoice, unless prior arrangements have been made.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and/or telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Swish Pixel have not been contacted regarding any delay, access to the related website may be denied and web pages removed. We will then proceed to take legal action.

Following consistent non-payment of an invoice our solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.