Terms of Trade

The following terms govern all orders placed by the client and shall be incorporated into each contract entered into between the Buyer and Pixel Magic Limited
for the supply of service.

1) PRICE

  1. The price shall be increased by the amount of GST except where expressly included in the quotation given.
  2. Alterations to any price shall be effective from the date specified at the time of giving notice to the Buyer.
  3. Quotes for printing valid for two weeks.
  4. Quotes for design work valid for three months.

 

2) PAYMENT

  1. Unless expressly amended in the quotation:
    • a 50% deposit is to be paid before commencing the project.
    • the final 50% is to be paid within 7 days of receipt of the completion invoice. A project is deemed completed once the ‘look and feel’ design is approved, Pixel Magic has produced the website structure and inserted any page content material or ‘dummy’ content material. If the client is still finalising page content material after this stage, the client agrees to pay the final invoice with the content insertion to be completed at a later date under the initial quote, unless changes to the initial brief regarding content have been specified by the client, in which case a quote for revisions will be produced.
  2. An invoice only will be issued and payment must be made on this invoice.
  3. In all circumstances Pixel Magic Limited retains ownership of the project until final payment is made.
  4. If the Buyer defaults on payment Pixel Magic Limited may charge a default penalty at a rate per annum equal to the retail lending base rate of the Bank of New Zealand and calculated on a daily basis on the unpaid portion of the price from due date until payment in full.
  5. Pixel Magic Limited reserves the right to suspend or terminate services without notice, in cases of non-payment of monthly fees for unreasonable (2 months ore more) periods of time.
  6. If a credit or debt collection agency is required to obtain payment, any costs charged by the agency in the course of collection of outstanding monies owed by the Buyer, including commissions, will be on charged and paid by the Buyer.

 

3) USE OF INFORMATION

  1. The Buyer agrees that Pixel Magic Limited may obtain information about the Buyer from the Buyer or any other person including any credit or debt collection agency, in the course of business, including credit assessment, debt collecting and direct marketing activities, and the Buyer consents to any person providing Pixel Magic Limited with such information.
  2. The Buyer agrees that Pixel Magic Limited may use any information it has about the Buyer relating to their credit worthiness and give that information to any other person, including any credit or debt collection agency for credit assessment and debt collection purposes.
  3. If the Buyer is an individual, the Buyer has rights under the Privacy Act 1993 to access and request the correction of any personal information that Pixel Magic Limited holds about the Buyer.

 

4) INDEMNITY

  1. Pixel Magic Limited develops software and provides a website hosting service and in doing so may make use of third party hosting and software providers. Pixel Magic Limited endeavors to source proven, reliable and best of breed providers.
    The Buyer/Client agrees that Pixel Magic Ltd shall not be liable for any claim or right to recover damages, including, but not limited to, loss of profit, data, or use of the software or special, incidental, or consequential damages, or other similar claims, even if Pixel Magic Limited has been specifically advised of the possibility of such damages.

  2. The Buyer/Client warrants that they have the rights to use any content they provide, and will hold Pixel Magic Ltd blameless if not.

 

5) OWNERSHIP

  1. Pixel Magic retains the ownership of the working files (.ai, .fla, .psd files) for any design project unless otherwise agreed. Pixel Magic retains the ownership of all files that form a website structure and perform any special functionality (.asp, .php, .cfm, .css, .html, .xml, .xhtml .js files, .swf, .jpeg, .png, .gif) unless otherwise agreed. This includes any database structure used as part of a database driven website. (MSSQL, MySQL, MS Access). The client retains ownership of the website aesthetic design, logos, text and original photo files supplied by the client.

 

6) PRODUCTS

  1. Pixel Magic products are provided “as is” without warranty of any kind, either expressed or implied. We are unable to guarantee products will be compatible with all future versions of website browsers, mobile devices and operating systems, and cannot guarantee compatibility with any additional third-party plug-ins, scripts, or applications. Any photography provided by a stock image company can not be redistributed in any way without obtaining a licence for the new usage from the stock image company. The client is responsible to the stock image company for any re-usage of an image from a Pixel Magic project.