Terms & Conditions

General

Pixelworks Corporation will carry out work only where an agreement is provided either by email, telephone, mail or fax. Pixelworks Corporation will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Pixelworks Corporation and the client, this includes telephone and email agreements.

Website Design

Every attempt will be made to ensure that the website and any scripts or programs are free of errors, Pixelworks Corporation cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Pixelworks Corporation until all outstanding accounts are paid in full.

Any scripts, applications, or software (unless specifically agreed) written by Pixelworks Corporation remain the copyright of Pixelworks Corporation and may only be commercially reproduced or resold with the permission of Pixelworks Corporation.

Pixelworks Corporation cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to briefs provided will be carried out at the discretion of Pixelworks Corporation and where no charge is made by Pixelworks Corporation for such additions. Pixelworks Corporation accepts no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to Pixelworks Corporation all materials required to complete the site to the agreed standard and within the set deadline.

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

Pixelworks Corporation 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. For example: Any disputes regarding content/images that have been provided to us for inclusion on the site.

Pixelworks Corporation 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 or third party providers.

Pixelworks Corporation will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents or third party providers.

A non-refundable deposit of 50% is required with all of our projects 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 the contracted payment terms. There are no exceptions to this. For example: If the client decides they no longer want the site, as they have retained the work and paid a deposit they are still obligated to pay for the work which has been completed. Non-payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed the project has been completed to the client’s satisfaction and no refunds can be offered. We do offer an unconditional 90 post launch warranty for “bug” fixing, free of charge, to allow for any final amendments that may be required.

Database, Application and e-Commerce Development

Pixelworks Corporation cannot take responsibility for any losses incurred by the use of any software created for the client. While every aspect has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all application is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by Pixelworks Corporation remain the copyright of Pixelworks Corporation and may only be commercially reproduced or resold with the permission of Pixelworks Corporation.

Where applications or sites are developed on servers not recommended by Pixelworks Corporation, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Pixelworks Corporation before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Pixelworks Corporation will attempt (but is not obligated) to correct these issues to meet the standards of function outlined in the brief

Compatibility

Pixelworks Corporation will attempt to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed within the web browsing software Microsoft Internet Explorer 6+ and to an acceptable level with Mozilla browsers. Pixelworks Corporation can offer no guarantees of correct function with all browser software.

Website Hosting

While Pixelworks Corporation utilizes a third party hosting company to host websites; no guarantees can be made as to the availability or interruption of this service. Pixelworks Corporation cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Pixelworks Corporation reserves 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 the hosting service should the necessity arise.

Internet Marketing

Due to external factors, such as changes to the way search engines rank websites, Pixelworks Corporation cannot offer any guarantees regarding the position we will achieve for websites through Search Engine Marketing, Pay-Per-Click Marketing, Social Media Marketing or e-Mail Marketing. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. Pixelworks Corporation cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

Pixelworks Corporation uses ‘white hat techniques’ when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved, payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.

Pixelworks Corporation reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the Pixelworks Corporation policy that any outstanding accounts for work carried out by Pixelworks Corporation or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Pixelworks Corporation.

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

If accounts are not settled or Pixelworks Corporation have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in county court judgments being added to the clients credit rating.

Following a 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.

PixelWorks Media- Website for San Antonio Based PixelWorks Corporation