Terms and Conditions for Website Design and Development Services

These Terms and Conditions ("Terms") govern the provision of website design and development services ("Services") by goingpixel.co.uk ("We," "Us," or "Our") to the client ("You" or "Your"). By engaging our Services, You agree to be bound by these Terms.

1. Definitions

• "Agreement" means the contract between You and Us for the provision of Services, which includes these Terms, the Project Proposal, and any other documents expressly incorporated herein.

• "Client Content" means all text, images, graphics, photographs, audio, video, and other materials provided by You for inclusion in the Website.

• "Deliverables" means the website and any other materials or work product to be provided by Us to You as specified in the Project Proposal.

• "Intellectual Property Rights" means all copyrights, trademarks, design rights, patents, and other intellectual property rights, whether registered or unregistered.

• "Project Proposal" means the written document outlining the scope of work, deliverables, timelines, and fees for the Services, as agreed upon by You and Us.

• "Services" means the website design and development services to be provided by Us, as described in the Project Proposal.

• "Website" means the website to be designed and developed by Us for You.

2. Scope of Services

2.1. The Services to be provided by Us are detailed in the Project Proposal. The Project Proposal shall include, but not be limited to, the following:

• A description of the Website design and functionality.

• The number of pages to be developed.

• A list of included features and functionalities.

• Details of any third-party integrations.

• A timeline for the project.

• The total project fee and payment schedule.

• The number of design revisions included.

2.2. Any changes to the scope of Services must be agreed upon in writing by both You and Us. Such changes may result in additional fees and/or adjustments to the project timeline.

3. Client Responsibilities

3.1. You shall provide Us with all necessary Client Content in a timely manner and in a format suitable for use in the Website. You are solely responsible for the accuracy, completeness, and legality of the Client Content.

3.2. You shall provide Us with access to any necessary accounts or systems required for the provision of the Services (e.g., hosting accounts, domain name registrar accounts).

3.3. You shall review and provide feedback on the Deliverables in a timely manner, as specified in the project timeline.

3.4. You shall be responsible for obtaining any necessary licenses or permissions for the use of third-party materials included in the Client Content.

4. Fees and Payment

4.1. The total project fee is as specified in the Project Proposal.

4.2. A non-refundable deposit of 30% of the total project fee is required before We commence any work on the Services.

4.3. The remaining balance shall be paid in accordance with the payment schedule outlined in the Project Proposal. This may include interim payments upon completion of specific milestones.

4.4. All payments are due within 14 days of the invoice date.

4.5. In the event of late payment, We reserve the right to suspend work on the Services until payment is received.

5. Revisions and Approvals

5.1. The number of design revisions included in the project fee is as specified in the Project Proposal.

5.2. Additional revisions beyond the agreed-upon number may be subject to additional charges at our standard hourly rate.

5.3. You shall provide clear and consolidated feedback on each set of revisions.

5.4. Your approval shall be required at key stages of the project, as outlined in the project timeline (e.g., initial mockups, initial site).

5.5. Final approval of the Deliverables shall signify Your acceptance of the Website.

6. Intellectual Property

6.1. All Intellectual Property Rights in the Client Content shall remain Your property.

6.2. We shall retain ownership of all Intellectual Property Rights in our pre-existing code, tools, and development methodologies.

6.3. Upon full payment of all fees, You shall be granted a non-exclusive, perpetual license to use the Deliverables (the final Website design and code) for the purpose for which they were created.

6.4. We reserve the right to display the completed Website in our portfolio and marketing materials, unless otherwise agreed in writing.

7. Warranties and Disclaimers

7.1. We warrant that the Deliverables shall conform to the specifications outlined in the Project Proposal and shall be free from material defects for a period of 14 days from the date of final approval.

7.2. We do not warrant that the Website will be error-free or uninterrupted.

7.3. We are not responsible for any issues arising from third-party software, hosting services, or Client Content.

7.4. We make no warranties regarding the achievement of specific search engine rankings or website traffic.

7.5. To the maximum extent permitted by applicable law, We disclaim all other warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose.

8. Limitation of Liability

8.1. Our total liability to You for any claim arising out of or in connection with this Agreement shall be limited to the total fees paid by You under this Agreement.

8.2. In no event shall We be liable for any indirect, incidental, consequential, special, or punitive damages, including, but not limited to, loss of profits, loss of data, or loss of business opportunities.

8.3. Nothing in these Terms shall limit or exclude Our liability for:

• Death or personal injury caused by our negligence.

• Fraud or fraudulent misrepresentation.

• Any other liability that cannot be excluded or limited under applicable law.

9. Termination

9.1. This Agreement may be terminated by either party upon written notice if the other party:

• Commits a material breach of this Agreement and fails to remedy such breach within [Number] days of written notice.

• Becomes insolvent or enters into bankruptcy proceedings.

9.2. We may terminate this Agreement upon written notice if You fail to make any payment when due.

9.3. Upon termination, You shall pay Us for all Services provided up to the date of termination.

9.4. In the event of termination by You for reasons other than Our material breach, You shall forfeit the non-refundable deposit and may be liable for additional costs incurred by Us.

10. Refund Policy

10.1. The initial deposit of 30% is non-refundable. This deposit covers our initial costs, including project setup, resource allocation, and preliminary work.

10.2. Due to the bespoke nature of website design and development, refunds for work performed beyond the initial deposit are generally not offered.

10.3. If you cancel the project after work has commenced, you will be responsible for paying for all work completed up to the point of cancellation.

10.4. In exceptional circumstances, We may, at our sole discretion, consider a partial refund if We are unable to complete the Services due to circumstances beyond our control.

11. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by a force majeure event, including, but not limited to, acts of God, war, terrorism, fire, flood, or other events beyond the reasonable control of the party.

12. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Entire Agreement

This Agreement, together with the Project Proposal and any other documents expressly incorporated herein, constitutes the entire agreement between You and Us and supersedes all prior agreements and understandings, whether written or oral.

14. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Assignment

You may not assign your rights or obligations under this Agreement without our prior written consent. We may assign our rights or obligations under this Agreement.

16. Notices

All notices under this Agreement shall be in writing and shall be sent to the addresses provided by each party.

By engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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