Terms and Conditions
PIXART DESIGN STUDIO Ltd Website Terms and Conditions of sales, delivery and payment
The following terms and conditions apply to all orders placed with PIXART DESIGN STUDIO Ltd. PIXART DESIGN STUDIO Ltd T/A Pixart Studio from here in will be referred to as Pixart Studio.
1. Scope Of The Terms And Conditions
1.1. These Terms and Conditions apply to all orders and supersede all others. Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.
1.2. This page (together with the documents expressly referred to on it) tells you (Customer) information about us (Pixart Studio) and the legal terms and conditions (Terms) on which Pixart Studio supplies any of the products (Products) listed on the website www.pixartstudio.co.uk (Website).
1.3. To the extent there is any inconsistency between the provisions of these Terms and the provisions of any other documents issued by Pixart Studio which are contained on the Website or otherwise made available to Customer, the provisions of these Terms shall prevail.
1.4. Customer should read these Terms carefully and make sure it understands them before ordering any Products from the Website. Please note that before placing an order, Customer will be asked to agree to these Terms. Customer should print a copy of these Terms for future reference.
1.5. Pixart Studio may amend these Terms from time to time. Every time Customer wishes to order Products, it should check these Terms to ensure it understands the Terms, which will apply at that time. These Terms were most recently updated in APRIL 2016.
1.6 The contract between Pixart Studio and the Customer shall be governed by and construed in accordance with English Law.
2. Information About Pixart Studio
2.1. Pixart Studio operate the Website. Pixart Studio is a trading name of PIXART DESIGN STUDIO Ltd. PIXART DESIGN STUDIO Ltd is a company registered in England and Wales under company number 9143871 with its registered office at Whitegates, 39a Whitegate Drive, Blackpool, FY3 9DG.
2.2. To contact Pixart Studio, please refer to the Contact page http://www.pixartstudio.co.uk/contact-us.
3. How The Contract Is Formed Between Pixart Studio And Customer
3.2. Pixart Studio’s order process allows Customer to check and amend any errors before submitting an order. Customers should take the time to read and check all orders at each stage of the order process.
3.3. After Customer places an order, Customer will receive an order confirmation from Pixart Studio with a summary of the order. However, this does not mean that the order has been accepted.
3.4. The Contract between Customer and Pixart Studio shall only be concluded after the Artwork (defined in condition 4.1 below) or information of requirements has been transmitted by Customer and Pixart Studio.
4. Artwork And Printing
4.1. The entire copyright throughout the world in all printing plates, litho positives and negatives, artwork, designs, photographic transparencies, negatives or positives and any other artistic craftsmanship made by or for Pixart Studio pursuant to or in implementation of any contract with the Customer shall belong to Pixart Studio, unless otherwise specified by Pixart Studio. Pixart Studio agrees that unless the Customer becomes in default of any obligation to make any payment to Pixart Studio, it will not reproduce any such items for any competitor in business of the customer.
4.2. All artwork is printed using CMYK unless otherwise requested by the Customer. Such a request will incur an additional fee.
4.3. All orders are completed solely on the basis of the Artwork and information provided to Pixart Studio by the Customer. Any additional costs that arise due to the inaccuracy of the artwork supplied will be the sole responsibility of the Customer.
4.4. Pixart Studio charge £190.00 for a logo design service for the first 4 proofs. We then charge £50.00 an hour for any change there after.
4.5. Graphic design services, excluding logo design service and includes free design services, include 1 proof. We then charge £50.00 an hour for any change there after.
4.6. Once the Customers design project is initiated and any preliminary artwork has been created by Pixart Studio, all retainer payments made by Customer become non-refundable.
4.7. Once Customer has placed an order Customer will become liable to charges if Customer needs to amend or supply new artwork.
4.8. For all orders (including online), Pixart Studio only quote for one design per kind, any additional are chargeable.
4.9. Pixart Studio will print the order after payment has been made, unless otherwise specified by Pixart Studio.
4.10. Please note that all images, text and logos are the intellectual property of Pixart Studio and are not to be used without Pixart Studio’s written permission.
5.1. Please note that the colour of the printed item will be affected by the type of material chosen for the artwork to be printed on, as well as any applied Lamination or Varnish. Pixart Studio will not accept liability or responsibility for any variations in colour or any other defects or irregularities as a result of this.
5.2. Proofs are not supplied as standard. All proofs are subject to an additional charge unless otherwise agreed.
5.3. If whilst performing a standard or advanced (proofing) check, Pixart Studio discovers that the artwork provided by the Customer is defective or incorrect, Pixart Studio will notify the Customer. It is the Customer’s responsibility to either provide the corrected artwork, or give permission for Pixart Studio to the make the necessary changes (charges will be applicable). If the Customer chooses to proceed without making the advised corrections, then they do so at their own risk. We will not be held responsible for any mistakes, viewing, spelling, punctuation, contact details or layout.
5.4. Please check proofs thoroughly as once passed, all proofs are deemed correct and ready to go print and the responsibility passes to the Customer. You will need to view all proofs at 100% to see the exact size of your product when printed. Pixart Studio will not commence print or release a design until we have received final approval of proof with a written confirmation, via email or post.
5.5. Final proofs must be signed off by the Customer in writing, and the sign off email received by Pixart Studio.
5.6. Pixart Studio reserves the right to refuse any orders and/or terminate any contracts where the transmitted artwork contains defamatory, pornographic, fascist, radical content or any other material which is obscene, offensive, hateful or inflammatory.
6. Website Design
6.1. Any scripts, cgi applications or software (unless specifically agreed) written by Pixart Studio remains the copyright of Pixart Studio and may only be commercially reproduced or resold with the permission of Pixart Studio.
6.2. Pixart Studio cannot take responsibility for any copyright infringements caused by materials submitted by the Customer. Pixart Studio reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
6.3. Pixart Studio will not knowingly permit the use of any illegal or inappropriate material in a website designed or hosted.
6.4 Pixart Studio will only create websites in the English language.
6.5. In the event that Pixart Studio is informed of infringement of copyright, or any other legislation, Pixart Studio will immediately take steps to remove such material from either their own website, or from a website which has been produced or hosted by Pixart Studio. The Customer agrees to absolve and indemnify Pixart Studio of any liability, including all actions, proceedings, costs demands and claims arising from any breach in respect of the content in the Customers website, and to assume all responsibility for any violations and legal actions which may arise at any time in the future.
6.6. Copyright of the completed web design, images, pages, code and source files created by Pixart Studio for the Customer shall be with the Customer only by prior written agreement. Without agreement, ownership of designs and all code remains property of Pixart Studio.
6.8. The Customer agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Customer and Pixart Studio.
7. Domain Names, Hosting And Email Service
7.1. Pixart Studio use third parties (Suppliers) for all domain names, website hosting and email services.
7.2. Our Suppliers business details, access to administrative accounts and other information regarding the business dealings between Pixart Studio and the Suppliers are not provided to the Customer.
7.3. Pixart Studio will manage all domain names, hosting and email for Customers unless prior written agreement is made between the Customer and Pixart Studio.
7.4. Because many events and circumstances are beyond the control of Pixart Studio, we do not in any way warrant or otherwise guarantee the availability of the system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Pixart Studio or Suppliers. Pixart Studio and Suppliers may, at its sole discretion, limit or deny access to its servers, if, in the judgment of Pixart Studio and Suppliers, such limitations or denials of access are required to assure the security of the network, the integrity of the network structure, or to prevent damage to the network, the software or the data stored on servers.
7.5. Pixart Studio gives no guarantees as to the availability or interruption of the service and if the Customers account is violated, and their website or email service is in anyway disrupted, damaged or deleted, Pixart Studio takes no responsibility or liability for the actions of third parties or Suppliers or for loss of turnover, sales, revenue, profits or indirect, consequential special loss.
7.6. Until Pixart Studio receives confirmation of registration, Pixart Studio cannot guarantee that the domain name requested by the Customer will be available for registration. By requesting Pixart Studio to register a domain name, the Customer is responsible for ensuring its use and the way in which it is used (directly or indirectly), does not infringe the legal rights of any third party.
7.7. The Customer agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify Pixart Studio from any claim resulting from the Customer’s publication of material and use of the domain name, hosting and email services.
7.8. Pixart Studio operate a fair usage policy for website hosting and email services, this means if a website or email account is using a large amount of the server either through bandwidth, memory storage or cpu usage we withhold to the right to terminate the hosting, or ask for a fee to upgrade the account to a suitable package. For reference, current high usage thresholds are 30GB storage and 2TB bandwidth.
7.9. Subscription fees for "Unlimited" services are subject to fair usage. Pixart Studio reserves the right to cease services without notice for any users violating fair usage policies. Users who are regularly exceeding high usage thresholds will have their account and service fees subject to review. Pixart Studio services will not be unduly withheld, but Pixart Studio reserves the right to increase any individual users' pricing to cover minimum storage and bandwidth costs associated with any particular site.
7.10. By default, each professional email account is limited to 250 SMTP relays, per address, per day. Additional email relays are available at an additional cost.
8. Website Package Subscriptions
8.1. All website package setup charges must be paid before any domain name is registered or transferred, website hosting setup, email account setup, website design begins and any other work commences.
8.2. Once the website has been approved by the Customer and published the Customer will be prompted to accept the payment of Fees. The Fees are payable to Pixart Studio subject to the following conditions:
8.2.1. Fees payable monthly or yearly will be paid in advance and will not be refundable in whole or part if the service is terminated during the period to which the payment relates; any set up fee will (unless stated to be included within later payments) be payable immediately; Fees will become payable if the Customer exceeds agreed or stipulated bandwidth or storage use levels.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the service and payments made by you herein. Subscription fees for "Unlimited" services are subject to fair usage.
8.2.3. Any late subscription payment may occur an additional administration fee and any non-payment older than 7 days will result in cancellation of services.
8.3. If you cancel the service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your website and all information contained therein may be deleted by Pixart Studio. Pixart Studio accepts no liability for such deleted information or content. If you have purchased or were provided as part of your subscription package one or multiple domain names you will not be able to cancel the Service until a minimum period of sixty days from the last confirmation date of any successful domain registrations associated with your account. Early termination within this 60 day period may be subject to an early termination fee based upon the number of domain names associated with your account and the length of your subscription.
Pixart Studio may in its sole discretion and at any time, discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Pixart Studio may immediately deactivate or delete your website and email, as applicable, and all related information and files. Pixart Studio reserves the right to bar any further access to such files or the service. You agree that Pixart Studio shall not be liable to you or any third-party for any termination of your access to the service.
9. Passing Of Title And Risk
9.1. The risk in the goods shall pass to Customer on delivery.
9.2. All goods, delivered or not, remain property of Pixart Studio until payment is received in full.
9.3. Until such time as payment is made Customer shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by Customer for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment for such goods we will, without loss of any rights or remedy, remove from Customers possession those goods belonging to us in accordance with these conditions and we shall be entitled to enter upon the property where the goods are stored to repossess and remove the same.
10. Quotations And Contracts
10.1. Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on todays current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation of accepted contract, we shall be entitled to charge such increases to Customer.
10.2. Quotations are only valid for 14 days after the initial quote date.
10.3. Any price or quotations is subject to change at any point without notice, including advertised offers.
Pixart Studio (PIXART DESIGN STUDIO Ltd) is a VAT registered company in the United Kingdom. All invoices and receipts produced by Pixart Studio include accurate VAT detail. Our VAT number is 236 7392 85.
12.1. Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
12.2. Pixart Studio accepts no responsibility for deliveries being missed due to non-payment. It is the Customers responsibility to ensure that full payment is made before delivery can take place.
12.3. Pixart Studio do not deliver to outside the UK. Ordered products will be delivered within the territory of the United Kingdom (except Jersey, Guernsey, Sark, Alderney, Herm and Gibraltar) to the address you indicated while placing your order. Delivery to post office boxes and DHL service points is not possible. Pixart Studio will not deliver to any location outside of the United Kingdom.
13.1. Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach Pixart Studio within 5 days of delivery.
13.2. All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach us within 5 working days of receipt of goods or such goods shall be deemed to comply as to quality and quantity within the Terms of the contract.
13.3. Customer must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at time of delivery.
13.4. Claims in respect of non-delivery must be made in writing so as to reach us within 4 days from receipt of our invoice.
13.5. Pixart Studio requires any printing to be returned in full before agreeing to reprint. If Pixart Studio deem the printing to be of sufficient quality, and within tolerance we reserve the right to return the goods and refuse a reprint or refund.
14.1. Save in so far as defects in the goods cause death, injury or damage to personal property, our liability for any loss or damage suffered by Customer in respect of the goods shall be limited to the contract value of the goods.
14.2. Pixart Studio can accept no responsibility for loss or damage arising from the supply of goods under this contract unless Customer has fully complied with the notification of claims procedure set out in clause 13.
14.3. Pixart Studio are not liable for any financial loss incurred by you, including but not limited to expenses incurred by Customer, interest payments & loss of earnings or similar gains you would have received on monies paid to us in lieu of any unfulfilled order.
14.4. Nothing in these terms and conditions shall affect the rights of a consumer.
15.1. Pixart Studio Reserve the right to rectify defective work and shall not be liable to refund.
15.2. Pixart Studio will credit Customers account if we deem a refund should be made.
15.3. If we offer to replace Customer must accept such an offer unless you can show clear cause for refusing to do so.
15.4. If Customer opts to have work re-done by a third party without reference to us Customer automatically revoke the right to any remedy from Pixart Studio.
15.5. All defective work must be returned to us before replacement, if the subject work is not available we will assume that it has been accepted and no replacement will be provided.
15.6. Refunds will take 3 to 4 working days to complete once Pixart Studio has agreed to refund. This cannot be completed any faster.
16. Force Majeure
We reserve the right to limit or stop services due to a sequence of events beyond a party’s reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster; epidemic or pandemic; war, riot or civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required for performance of the Contract; strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving the Supplier’s or its suppliers’ workforce, but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay.
We reserve the right to alter any details of products advertised without notice and while every effort is made to describe goods accurately in the advertisement, no warranty is given as to accuracy and no responsibility will be accepted for error and any resulting loss.
Complaints must be made within 48hours of receiving goods or services. The complaint will be assessed and if Pixart Studio deems it necessary, a reprint/redesign may be offered. Any complaints made after 48 hours are automatically void of any offer to reprint/redesign and will not be assessed.
19.1. Applicable laws require that some of the information or communications Pixart Studio send to Customer should be in permanent form and for this purpose, Pixart Studio shall confirm such information to Customer by email, which Customer accepts is a permanent form of communication.
19.2. When registering to use the Website, Customer shall provide an e-mail address for communications between Pixart Studio and Customer. Customer shall ensure such email address is valid and functioning. In particular, Customer shall ensure that the settings of the spam filter on its e-mail account allows the receipt by Customer of e-mails sent by Pixart Studio.
19.3. Reviews placed through our Social Media channels may be used across the Pixart Studio website.
19.4. In the case of Customers purchasing as a business:
19.4.1. Customer acknowledges and agrees that this e-mail address shall be stored by Pixart Studio and used in respect of any future orders received from the Customer until revoked or modified by the Customer;
19.4.2. Any notice or communication sent by Pixart Studio to Customer, or by Customer to Pixart Studio will be deemed received and properly served.