Terms & conditions
TERMS AND CONDITIONS FOR WEBSITE DEVELOPMENT / DESIGN SERVICES PROVIDED BY PIXEL PROMETHEUS
Last updated: 27th July 2024
Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of my services implies that you have read and accepted these terms and conditions.
Charges
Charges for services to be provided by Pixel Prometheus are defined in the project quotation that the Client receives via email and/or in writing. Quotations are valid for a period of 30 days. Pixel Prometheus reserves the right to alter or decline to provide a quotation after the expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services below £500 in value require total payment upfront before work commences. Website design services above £500 require a 30% initial payment, 40% payment upon the first review of the website with the Client, and the remaining 30% payment on the day of the website’s launch.
Payment for services is due by bank transfer or using the provided services such as GoCardless, WooCommerce, or PayPal.
Client Review
Pixel Prometheus will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Pixel Prometheus otherwise within five (5) days of the date the materials are made available to the Client.
Turnaround Time and Content Control
Pixel Prometheus will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with the Client upon Pixel Prometheus receiving initial or full payment, unless a delay is specifically requested by the Client and agreed by Pixel Prometheus.
In return, the Client agrees to delegate a single individual as a primary contact to aid Pixel Prometheus with progressing the commission in a satisfactory and expedient manner.
Before the project begins, Pixel Prometheus will require the Client to provide website content; text, images, movies, and sound files, etc., to populate the website.
Failure to Provide Required Website Content
Pixel Prometheus is a small business. To remain efficient, I must ensure that work I have programmed is carried out at the scheduled time. On occasions, I may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why I ask that you provide all the required information at least one (1) week prior to the agreed completion date. On any occasion where progress cannot be made with your website because I have not been given the required information in the agreed time frame, and I am delayed as a result, I reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation, I need the text content for your site agreed in advance so that the SEO can be planned and completed efficiently.
If you agree to provide me with the required information and subsequently fail to do before the agreed time, one (1) week prior to the project completion date, I reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give me the go-ahead to start until you are ready to do so.
Pixel Prometheus agrees to make periodical updates to any sites commissioned and hosted by Pixel Prometheus. This is subject to a fair usage clause. Pixel Prometheus reserves the right to refuse to update websites if such requests exceed 2 hours of development time per site per annum.
NOTE: Text content should be delivered as an Apple Pages, Microsoft Word, PDF file, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact me if you need clarification on this.
If you are commissioning a CMS website, you will be provided with a content management system so that you are able to keep your content up to date yourself.
Hosting Services
I offer hosting because most people lack the technical expertise to set up hosting, configure websites, and manage their emails. Initially, years ago, I asked clients to get their own hosting, and then I would set it up for them. However, many customers chose terrible providers, often with hosting based in the United States, which led to issues such as undelivered emails and slow website speeds due to the distance from the UK. The problems were numerous.
To provide reliable UK-based hosting, I pay a hosting company and resell this service to you, the client, for convenience. I do not make a profit from this and thus charge a small monthly fee. This service ensures that if things go wrong, you have my expertise to get everything back on track. Your £10 a month, for example, doesn’t cover technical repairs of the site or my time to fix an issue – it is merely for hosting the website, similar to renting a parking space for your car.
I am responsible for ensuring the hosting is working, but for technical issues outside this domain, such as third-party services like Google Workspace and Microsoft 365 configurations, these would be considered maintenance issues and are charged at £35 per hour. Even if you host a website with a different provider, such as 1&1, they will only provide technical support regarding the hosting platform. As soon as there is a website issue, they will simply ask you to contact your web developer. So, having your hosting with me just makes things easier.
My hosting services are intended to provide a stable and reliable platform for your website and email. However, the hosting package does not include free website updates or repairs. Hosting is limited to storage of the website and facilitation of email services. Websites typically require maintenance, and it is the Client’s responsibility to either pay for a monthly maintenance package or pay at an hourly rate of £45 per hour as needed.
Support for hosting-related issues is available Monday to Friday, 9 am to 5 pm. Any issues reported outside of these hours will be addressed the following morning. Hosting does not cover changes to website content, such as opening times or images; these changes will be billed separately.
Third-Party Email Services
Using third-party email services such as Microsoft 365 or Google Workspace is outside of my control. While I can assist in configuring your domain to work with these services, any issues related to the third-party services themselves are not covered under my hosting or support agreements.
Client Conduct
Inappropriate or disrespectful behaviour from clients will not be tolerated. Clients who engage in such behaviour will be given a 30-day notice of termination of their hosting services, allowing them time to find an alternative hosting provider. Late-night calls and messages are considered disrespectful and disruptive.
Payment
Invoices will be provided by Pixel Prometheus upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) or £30 per month of the total amount due, whichever is greater.
Additional Expenses
The Client agrees to reimburse Pixel Prometheus for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, plugins, etc. This payment will be required prior to the purchase of the additional required materials.
Web Browsers
Pixel Prometheus makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g., Firefox, Microsoft Edge, Google Chrome, etc.). The Client agrees that Pixel Prometheus cannot guarantee correct functionality with all browser software across different operating systems.
Pixel Prometheus cannot accept responsibility for web pages that do not display acceptably in obsolete versions or new versions of browsers released after the website has been designed and handed over to the Client. As such, Pixel Prometheus reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Default
Accounts unpaid thirty (30) days after the date of the invoice will be considered in default. If the Client in default maintains any information or files on Pixel Prometheus’ web space, Pixel Prometheus will, at its discretion, remove all such material from its web space. Pixel Prometheus is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Pixel Prometheus reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Pixel Prometheus in enforcing these Terms and Conditions.
Termination
Termination of services by the Client must be requested in a written notice or email 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 email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
If you wish to cancel hosting with Pixel Prometheus, you must notify us one month in advance of your renewal date. We will provide all the files required for your website to be transferred to another provider upon request.
Indemnity
All Pixel Prometheus services may be used for lawful purposes only. You agree to indemnify and hold Pixel Prometheus harmless from any claims resulting from your use of our service that damages you or any other party.
Copyright
The Client retains the copyright to data, files, and graphic logos provided by the Client and grants Pixel Prometheus 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 Pixel Prometheus permission and rights for use of the same and agrees to indemnify and hold harmless Prometheus Pixels from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
A contract for website design and/or placement shall be regarded as a guarantee by the Client to Pixel Prometheus that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (email, Pages document, Microsoft Word, Google Docs, etc.) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png, or .tiff format.