The following Terms and Conditions of Service apply to all products and services provided by CUEPIXEL(hereinafter referred to as CUEPIXEL). All work is carried out by CUEPIXEL on the understanding that the client has agreed to CUEPIXEL terms and conditions. Copyright is retained by CUEPIXEL on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by CUEPIXEL as fulfilling the contract. All other designs remain the property of CUEPIXEL, unless agreed in writing that this arrangement has been changed.
At the time of proposal, CUEPIXEL will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on the CUEPIXELwebsite. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Cuepixel. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept CUEPIXEL’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by CUEPIXEL.
Charges for design services to be provided by CUEPIXEL will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Cuepixel has received this amount. Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Charges for design work do not cover the release of copyright design files including indd, psd, png, fla or any other source files; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to CUEPIXEL. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount. Payments may be made by online transfer, cash, credit card (Visa, Mastercard) or Debit Card, or (for overseas customers), International Money Order or previously agreed electronic funds transfer. Publication and/or release of work done by CUEPIXEL on behalf of the client, may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Cuepixel shall be considered entitled to remove CUEPIXEL and/or the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay CUEPIXEL reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
By supplying text, images and other data to CUEPIXEL for inclusion in the customer's website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by CUEPIXEL on behalf of the customer, will remain the property of CUEPIXEL and/or its suppliers. The customer may request in writing from CUEPIXEL, the necessary permission to use materials (for which Cuepixel holds the copyright) in forms other than for which it was originally supplied, and CUEPIXELmay, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying images, text, or any other data to Cuepixel, the customer grants Cuepixel permission to use this material freely in the pursuit of the design. Should CUEPIXEL, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow CUEPIXEL to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold CUEPIXEL free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The customer also agrees that CUEPIXEL holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by CUEPIXEL, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of CUEPIXELl and any of its relevant sub-contractors. All design work - where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. CUEPIXEL will not be held responsible for any and all damages resulting from such claims. CUEPIXEL is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold CUEPIXEL responsible for any such loss or damage. Any claim against CUEPIXEL shall be limited to the relevant fee(s) paid by the customer.
The client agrees to CUEPIXEL’s definition of acceptable means of supplying data to the company. Text is to be supplied to CUEPIXEL in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail / FTP. Images which are supplied in an electronic format are to be provided in a format as prescribed by CUEPIXELl via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and CUEPIXEL will not be held responsible for any image quality which the client later deems to be unacceptable. CUEPIXEL cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images
Any indication given by CUEPIXEL of a design project's duration is to be considered by the customer to be an estimation. CUEPIXEL cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by CUEPIXEL for the initial payment or by date confirmed in writing by CUEPIXEL.
CUEPIXEL considers the design project complete upon receipt of the customer's signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
The customer agrees to allow CUEPIXEL to place a small credit on printed material exhibition displays, advertisements and/or a link to CUEPIXEL own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow CUEPIXEL to place websites and other designs, along with a link to the client's site on CUEPIXEL own website for demonstration purposes and to use any designs in its own publicity and portfolios.
CUEPIXEL will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. CUEPIXEL also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that CUEPIXEL does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow CUEPIXEL to remove the contravention without hindrance, or penalty. CUEPIXEL is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, CUEPIXEL will need formal notification in writing by email. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by CUEPIXEL within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
CUEPIXEL makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. CUEPIXEL will not be held responsible for any and all damages resulting from products and/or services it supplies. CUEPIXEL is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold CUEPIXEL responsible for any such loss or damage. Any claim against CUEPIXEL shall be limited to the relevant fee(s) paid by the customer. CUEPIXEL reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. CUEPIXEL will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. CUEPIXEL reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
The placement of an order for design and/or any other services offered by Cuepixel, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.Cuepixel.com. An estimate validated by the customer's signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Cuepixel.
We gather and use certain information about individuals in order to provide products and services and to enable certain functions on this application.
We may collect any or all of the information that you give us depending on the type of transaction you enter into, including your name, address, telephone number, and email address, together with data about your use of the application. Other information that may be needed from time to time to process a request may also be collected as indicated on the application.
How We Use This Data
Collecting this data helps us to understand what you are looking for, enabling us to deliver improved products and services.Specifically, we may use data:
We do not disclose any personal information obtained about you from this application to third parties. We may also use the information to keep in contact with you and inform you of developments associated with our business. You will be given the opportunity to remove yourself from any mailing list or similar device. If at any time in the future we should wish to disclose information collected on this application to any third party, it would only be with your knowledge and consent.