Email Pixels Terms & Conditions of Service
These, our standard terms and conditions, apply to all services provided unless an alternative agreement has been made in writing. Placing an order for services is deemed acceptance of these terms.
Service costs and works order
The services costs and works ordered are stipulated and confirmed at time of order. We reserve the right to apply additional charges due to increased project complexity or client requirement changes after placement of order. In no circumstances will additional charges be made without first communicating and agreeing this possibility to the client.
If the client is not satisfied with our service and after notification of such we have not been able to remedy the situation, we provide will provide a full refund of monies paid. Refunds must be requested at the latest five days after delivery of work. In the event of refund, the client has no right to the works provided and is prohibited from using the work been delivered.
All service costs must be paid within 30 calendar days of final service delivery.
Stated delivery times are estimated delivery time from the point at which we receive project briefing to first draft delivery.
Delivery may take longer should clarifications to project brief be sought from the client, in which case speed of client response can impact timescales.
With design projects we are happy to keep making changes until the design is just right. Allow up to 24 hours to turnaround design changes, depending on the number and complexity of changes to be made.
Works are normally delivered by email or cloud storage systems. The client may stipulate a preferred method of delivery. Where access is given to the clients’ own systems, such as, but not limited to, CRM systems & Email Platforms (ESPs), the client is responsible to ensure that any access granted only has the privileges as necessary to deliver the works and there is no access to client customer data or campaigns.
All delivered works are deemed accepted by the sooner of five working days after delivery or client approval of final proofs.
All information provided by clients to Email Pixels, which is not already in the public domain or a known to Email Pixels, will be treated as confidential and not disclosed to any person other than necessary for the proper delivery of the service.
We will not disclose to any persons, save for the proper delivery of the service, details of any work ordered and delivered by us without express written agreement from the client to do so.
Intellectual property of all designs and code delivered transfers to the client once full payment for work has been received.
Warranty and disclaimer
We warrant that the services under this agreement will be performed by competent persons with appropriate levels of qualification and experience and with reasonable diligence, skill and care in a first-class professional manner.
Whilst all reasonable endeavors are made to provide an error free service, we provide no warranty that the work delivered shall be free from defects or compatible with any third party software or system.
The client warrants that they have all necessary rights to any materials provided to Email Pixels for the execution of works ordered. Including but not limited to, photos, images and logos.
Limit of Liability
The maximum liability of Email Pixels is the cost of the services delivered. This includes, but is not limited to, any claim for; indirect or consequential loss, failure to achieve expected savings, loss of revenue or profit, damage to goodwill or reputation, data protection breach, data corruption or loss of data.
The client indemnifies Email Pixels for the full amount of any claim made for damages due to breach of these terms and conditions.
This agreement is subject to the law of England and Wales and the parties agree to submit to the
jurisdiction of the Courts of England and Wales in respect of any dispute or difference arising
under the agreement.