Terms & Conditions
Tariff: You will be charged for your website at the rates shown on your order form.
Cancellation . If you wish to end your contract with us, you may do so at the end of any contract renewal period, provid-ing you give us a minimum of 30 days prior written notice. If you wish to end your contract with us without giving us the required notice, you will be charged your monthly line fee in advance for the remainder of your contract.
Payment . Monthly invoices are to be paid by Standing Order or recurring Electronic Payments. You will be charged £5.00 + VAT administration fee for any monthly payments tendered by other means. Any unpaid invoice will incur a £5.00 + vat administration charge that will be included on your next monthly bill.
Contract length. The duration is specified on the contract form you signed on joining with PIXEL KICKS Ltd and is on a 12 month contract unless otherwise stated.
Half Price Promotions. All half price promotions are applied to the setup fee of the Essential or Shop packages only. No further discounts will be applied unless otherwise stated.
This agreement covers the provision by PIXEL KICKS Ltd (PIXEL KICKS) to you of our website design & hosting services. We may vary these Terms and Conditions at our discretion and at any time by giving you not less than 42 calendar days written notice in advance inclusive of the date of posting.
2. How we provide the Services to you
PIXEL KICKS Ltd provide the service of creating the website, hosting this for the length of the contract period, and provid-ing 9am-5pm support in the form of email contact & telephone conversations. Your website will be produced based on your chosen template design (unless you have specified the “Unique Look” upgrade, in which case a custom design will be created), and the basic framework of the site will be up-loaded to your chosen design. We will provide a secure content-management-system (CMS) which enables you to modify the content on your site. This content is in the form of “adding new pages”, “modifying existing pages”, “deleting pages”, and modifying the content on each of these pages. HTML & CSS is editable in this CMS to the users discretion.
On each page of your website we will place a very small & discreet footer at the bottom, containing a link back to the website of PIXEL KICKS as well as selected partners ser-vices. These partners will always be from a different industry to your websites own.
A free “co.uk” (TLD) domain name will be supplied, assuming the customers preference is available to register. Alternative domains such as “.com”, “.co”, “.net” etc are also available, to the additional minimum cost of £10, depending on the specific TLD.
This agreement will have the duration specified on the con-tract, which was included with your application confirmation letter and will be automatically renewed at the end of the period on a rolling 30 days. notice. This agreement will contin-ue on these terms as varied. Either of us may end this agree-ment without notice if the other stops trading or becomes insolvent or wound up. We may end this agreement without giving you notice if you break any of your obligations under clause 6 & 8. On termination of this agreement for whatever reason, you will:
a. Immediately pay any outstanding invoices.
b. Be responsible for any required engineering reprogram-ming costs for you to use an alternative supplier. In addition, if you terminate this agreement prior to the end of the period specified on the application form and after your account has been provisioned (except if you terminate, in accordance with the provisions of this agreement, as a result of our breach or insolvency or winding up), you will:
c. Reimburse PIXEL KICKS Ltd for any costs incurred in releas-ing you from your contractual obligations with BTTM or any other network provider prior to transferring you to the PIXEL KICKS service (if applicable).
d. Pay us (in addition to clauses 4a and 4b) your monthly cost in advance up to the end of your contractual agreement date e. Upon leaving finishing your contract, a charge of £50 is payable to PIXEL KICKS Ltd in order to transfer your domain to your chosen new provider, and for us to provide you with the static HTML, CSS & Images. The CMS platform will not be provided.
PIXEL KICKS charges you for using the services covered by this agreement. Initially you are charged at the rates specified on the application form you signed. Please note:
a. Charges are calculated from data recorded by us and not from your own records.
b. Where a direct debit is unpaid due to insufficient funds or cancellation, a £5.00 administration charge will be included on your next monthly bill.
c. A Charge of £5.00 may be charged for restricting outgoing calls due to late payment of an invoice. A charge of up to £20 will be added to your next bill to reinstate services suspended due to continued non-payment of an invoice.
d. Your monthly bill start as soon as the website goes live.
5. Payment terms
a. Monthly variable Direct Debit is the only means of payment of PIXEL KICKS invoices and PIXEL KICKS reserves the right to refuse customers not wishing to pay by Direct Debit.
b. You will be notified of any problems with your payments or direct debit instruction. Arrears and/or unwillingness to main-tain payment by direct debit may result in your website host-ing and email accounts being restricted.
c. In particular, if you fail to pay any sum due, we shall be entitled to charge interest on the amount due at the rate of four per cent (4%) above the Barclays Bank Plc. base rate ruling from time to time calculated from the due date until collection.
d. Cancellation of the direct debit does not constitute notice of cancellation of the contract.
e. You are protected at all times by the Direct Debit guaran-tee as detailed below.
f. PIXEL KICKS will charge an Administration fee for pay-ments tendered by means other than direct debit. PIXEL KICKS reserves the right to increase this amount without notice.
g. PIXEL KICKS reserves the right to perform a credit check with no prior given notice on any legal entity, and to pass the entity.s credit history with PIXEL KICKS on to other credit agencies and/or County Court.
h. PIXEL KICKS reserves the right to at any time request a deposit, paid in advance, from the entity should periodical credit checks reveal insufficient credit scoring or County Court Judgments or if unusual usage and call charges are incurred. Should this request not be met within 30 days of notification by us we reserve the right to terminate the con-tract and to demand full and final outstanding balance settle-ment with immediate effect
i. PIXEL KICKS may, at its sole discretion and at any time, impose a credit limit on your account. Any credit limit imposed can be amended without prior notice. If you exceed any such credit limit we may demand immediate payment of the Charg-es and/or suspend the Service; and you will still be responsi-ble for all Charges incurred including those exceeding the credit limit.
j. PIXEL KICKS will cease the hosting of your website & emails should your contract be terminated due to non-payment.
6. Your responsibilities
We agree to provide you with the service as specified on the application form subject to the provisions of this agreement. You agree:
a. To use the services in accordance with this agreement, any instructions given by us from time to time and any laws, regulations and licenses which apply to the use by you of the services.
b. Not to use the website service to transmit any material which may be abusive, offensive, obscene, indecent, menac-ing, defamatory or which might cause annoyance, inconven-ience or needless anxiety to anyone or to commit a fraud or other criminal offence.
7. Faults & Repairs
a. Regular backups are made of each and every site, and should the website be put into a faulty state due to HTML / CSS from the user, backups can be restored at the cost of £10 + VAT per restore.
8. Suspension of service
We may suspend the service (without being liable to compen-sate you):
a. In the event of a local or national emergency.
b. To comply with a request from a government or other competent authority.
c. To protect or provide service to rescue or other essential services or otherwise.
d. To maintain the quality of our services.
e. If we reasonably believe that you will fail to pay any amount due to us (whether or not we have issued you an invoice).
f. If an event occurs which is beyond our reasonable control.
g. If you break any part of this agreement.
h. If we have good reason to suspect fraudulent activity or misuse of our services or any other breach by you of this agreement.
a. Neither of us will have to compensate the other for any detrimental event beyond the other.s reasonable control.
b. In this agreement, .beyond reasonable control. includes any act of nature, reduction or failure of power supply, other telecommunication operators and suppliers or their equip-ment including access lines, act or omission of national or local government authority, war, act of terrorism, military operation, riot or delay, employee dispute, or supply of modifi-cations by third parties.
c. In any event, we will not have to compensate you for any harm to your business, lost revenues, loss of anticipated savings, lost profits or other indirect, consequential or special losses.
d. Without prejudice to this our liability to you in contract or tort arising under or in connection with this agreement shall be limited to a refund of our web hosting charges for the period during which you were unable to use the services and in no event shall our liability to you for any event or series of connected events exceed £200. We do not limit our liability for death or personal injury resulting from our negligence.
You may not transfer this agreement or any rights under it without our prior written consent. If any provision or condition of this agreement shall be invalid or unenforceable, the re-maining terms shall continue to apply. This agreement and the documents referred to in it represent the entire contract between us, to the exclusion of any terms subject to which you may accept, or purport to accept, the service. Any varia-tions (other than changes made in accordance with this agreement) shall be accepted by both of us in writing. If there is any inconsistency between this agreement and the applica-tion form, the application form shall take precedence. Any failure by either of us to enforce any right shall not be deemed a waiver of any such right. The English Courts shall have exclusive jurisdiction for the purposes of determining any dispute or other matter which arises out of or in relation to this agreement. Any notice or other communications by us to you will be made to your current billing address held with PIXEL KICKS and shall be valid and effective as soon as sent to you whether received by you or not. Any communica-tions by you to us must be sent to our address below and must quote your account