Pixel People Web Design

Email: hello@pixelpeopleltd.co.uk
Call: 01942 369 019

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TERMS AND CONDITIONS

Please click on the Tabs below to view our terms and conditions

WEB DESIGN AND PRINT TERMS AND CONDITIONS

HOSTING TERMS AND CONDITIONS



By placing an order with Pixel People Northwest ltd, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:

 

The Client: The company or individual requesting the services of Pixel People Northwest ltd.

Pixel People Northwest ltd: Primary designer/site owner & employees or affiliates.

 

General

 

Pixel People Northwest ltd will carry out work only where an agreement is provided either by email, telephone, mail or fax. Pixel People Ltd will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Pixel People Ltd and the client, this includes telephone and email agreements.

 

Website Design

 

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Pixel People Northwest ltd cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

 

The website, graphics and any programming code remain the property of Pixel People Northwest ltd until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Pixel People Northwest ltd remain the copyright of Pixel People Northwest ltd and may only be commercially reproduced or resold with the permission of Pixel People Northwest ltd.

 

Pixel People Northwest ltd cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

 

Any additions to the brief will be carried out at the discretion of Pixel People Northwest ltd and where no charge is made by Pixel People Northwest ltd for such additions, Pixel People Northwest ltd accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

 

The client agrees to make available as soon as is reasonably possible to Pixel People Northwest ltd all materials required to complete the site to the agreed standard and within the set deadline.

 

Pixel People Northwest ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Pixel People Northwest ltd will not be liable or become involved in any disputes between the site owner and their clients and cannot

be held responsible for any wrongdoing on the part of a site owner.

 

Pixel People Northwest ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

 

Pixel People Northwest ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

 

A deposit of 50% is required with any project before any design work willl be carried out.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

 

Database, Application and E-Commerce Development

 

Pixel People Northwest ltd cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

 

The client is expected to test fully any application or programming relating to a site developed by Pixel People Northwest ltd before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Pixel People Ltd will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

 

Compatibility

 

Pixel People Northwest ltd will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Pixel People Northwest ltd can offer no guarantees of correct function with all browser software.

 

Payment of Accounts

 

A deposit is required from any new client before any work is carried out. It is the Pixel People Ltd policy that any outstanding accounts for work carried out by Pixel People Ltd or its affiliates are required to be paid in full, no later than 3 days from the date of the invoice unless by prior arrangement with Pixel People Ltd.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

 

If accounts are not settled within 3 days of the website going live or Pixel People Northwest ltd have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.

 

Following consistent non payment of an invoice our solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

 

Complaints Procedure

 

Informal procedure:

Anyone who experiences a problem with their web service provided by Pixel People Northwest ltd should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

 

Pixel People Northwest ltd will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure:

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

 

A formal complaint should be made in writing to Pixel People Northwest ltd, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the

complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

 

 

 

Printing

 

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.pixelpeopleltd.co.uk (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

 

1. Your Status

 

By placing an order through our site, you warrant that:

 

You are legally capable of entering into binding contracts; and

 

You are at least 18 years old

 

2. How the contact is formed between you and us

 

Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by electronic notification at the end of the ordering process (the “Order Confirmation”). We are unable to issue an Order Confirmation until such time as the ordering process is complete. The contract between us (“Contract”) will only be formed when we send you the Order Confirmation. Once the Contract has been formed, the terms of the Contract cannot be varied without our prior written consent.

 

As the Products will have been made to your specification or personalised by you, you will not have any right to cancel the supply of any of the Products once you have placed an order.

 

If paying by cheque the order will not begun to be processed until the money has cleared into our account, usually 3-5 days from the date that we receive the check. Check must be made payable to Pixel People Northwest Ltd.

 

3. Material and information provided by you

 

• You must not upload any material that will breach any third party rights to such material unless you have their express consent. We have the right to disclose your identity to any third party claiming that any material uploaded by you to our site constitutes a violation of their rights.

 

• Personal information is processed and stored in accordance with our Privacy Policy.

 

• You agree only to provide someone else’s personal information if they have given you express consent to use it in respect of the Products you have ordered.

 

4. Approvals

 

Prior to producing the Products, we make an electronic proof of the Product available for your approval. You are responsible for approving these proofs. You accept that once you have approved the proof, the Products cannot be changed nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you.

 

5. Availability and Delivery

 

Unless there are exceptional circumstances, your Products will be despatched for delivery in accordance with the delivery service chosen by you during the ordering process:

 

• Standard – we aim to despatch within 2 working day from the date of the Order Confirmation for orders made up of under 5000 individual parts, occasionally orders over 5000 individual parts will take 1 extra working day to be despatched.

 

• Working days are Monday to Friday, excluding UK Bank Holidays.

 

• Where delivery is delayed due to exceptional circumstances, we will complete the work as soon as we reasonably can.

 

• Where delivery is not possible as a result of us being provided with the incorrect delivery address details, our delivery service will return the Products to us. We reserve the right to make an additional delivery charge for re-despatch of the Products to the correct delivery address.

 

• All products will be signed for upon delivery, if anyone other than the intended recipient signs for the product and the product is subsequently not delivered to the intended recipient will incur no liability provided that parcel was delivered to the address provided by the purchaser.

 

6. Quantities

 

• All reasonable endeavours will be made to deliver the correct quantity of Products ordered by you.

 

• You acknowledge that variations in respect of quantities are inherent within the printing industry.

 

• Our liability in respect of shortages are as follows:

 

Quantities

25-100 – Shortage of up to 5%

101-1000 – Shortage of up to 5%

1001-5000 – Shortage of up to 3%

5001 and over – Shortage of up to 2%

 

All overages may be kept by you at no additional cost.

 

7. Quality

 

You accept that variations in colours are inherent within the printing process for files submitted. You also understand and accept that computer hardware set ups are such that we cannot guarantee that the Product colours will match those displayed on your computer screen during the ordering process.

 

 

1. Conditions

 

By subscribing to any of the Services and opening an account with us (“the Account”) you (“the Customer”) agree to be bound by these terms and conditions. These terms and conditions apply to all Pixel People Northwest ltd accounts. They set out the basis on which we offer our services and should be read carefully.

 

2. Services

 

2.1 Pixel People Northwest ltd will use reasonable efforts to supply a continuous service. However, Pixel People Northwest ltd is not liable for any loss of data resulting from delays outside of our control, missed or non- deliveries, service interruptions or by errors or omissions of the customer. Pixel People Northwest ltd is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.

 

2.2 You agree that Pixel People Northwest ltd is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. Pixel People Northwest ltd is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of UK or other applicable law.

 

2.3 Pixel People Northwest ltd customers are liable for all charges levied by their telephone service provider arising from the Customer’s use of the Services.

 

2.4 From time to time Pixel People Northwest ltd or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. Pixel People Northwest ltd will give as much notice as possible and shall try to keep this work to the period specified in the notice. Pixel People Northwest ltd accepts no liability whatsoever arising from such a suspension of the service.

 

2.5 The Customer agrees that it will not re-sell, sub-lease, reassign or transfer any part of the Services.

 

2.6 YOU acknowledge and agree that details of YOUR name, address, telephone and fax numbers together with email address(es) and assigned IP Addresses may be released to the RIPE NCC to ensure that both WE and YOU fulfil their obligations under prevailing RIPE policies and that such data may be published in whole or in part in the RIPE WHOIS database.

 

2.7 License costs of all third party applications and software offered with our plans are subject to change without written intimation.

 

2.8 Pixel People Northwest ltd reserves the right to pass on any additional charges/price increases as a result in price changes from third party software and license vendors irrespective of the hosting cycle.

 

3. Banned Content

 

3.1 Customers must use the Services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any British law is prohibited. The list of banned content includes, but is not limited to :-

 

(a) Illegal Material – This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.

 

(b) Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.

 

(c) HYIP – We do not allow any HYIP sites, or sites that link to or have content related to HYIP sites.

 

(d) Proxy – We do not allow any proxy set-ups or connections or any sort of activity through remote proxy connections on our Shared Hosting, Reseller Hosting, VPS Hosting and Dedicated Servers. The first offense committed by the Customer will result in suspension of their Account. Any second violation will result in immediate Account termination.

 

(e) IRC Hosts – Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers or virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any second violation will result in immediate account termination.

 

(f) Defamatory content – any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.

 

g) Bit Torrents: Use of software and scripts for “bit torrents” or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.

 

3.2 We are under no obligation to edit, review or modify the contents of your website. However, we reserve the right to remove any content without notice. For the avoidance of doubt we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.

 

3.3 Any Customer found to be using the Services for any of the purposes contained in Clause 3.1 may have their Account terminated without notice.

 

3.4 The Customer agrees to fully and effectively indemnify Pixel People Northwest ltd against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by Pixel People Northwest ltd in consequence of the Customers breach or non-observance of this Clause 3.

 

3.5 The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against Pixel People Northwest ltd arising from breach or breaches of this Clause 3. Pixel People Northwest ltd may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide Pixel People Northwest ltd with the assistance necessary to defend such claims, at the Customer’s sole expense.

 

4. Domains

 

4.1 We register domains through a partner company. We do not place your details on the whois output of the domain due to legal reasons however if you commit any sort of illegal activity we reserve full right to provide the appropriate personnel with your details. If you wish to have your details displayed upon the whois output please contact us and we will be glad to assist you.

 

4.2 “Due to a legal agreement between ENOM INC, our domain registrar, and LegitScript, customers should be aware that the domains purchased with the intent of selling prescription drugs, via a company not properly licensed in the destination country, could be frozen pending a legal appeal. Pixel People Northwest ltd. has no control over this process and disputes will need to be handled through the proper legal channels in the disputed country.”

 

5. Adult Content

 

We allow websites with legal adult content only. We do not allow pornographic or sexually-explicit images of children or any pictures/video which are obtained illegally to host on our servers.

 

6. Size limitations

 

You agree and understand that the maximum size of a single MS SQL database will not exceed 400 MB irrespective of the web space allocated to the hosting account and that the size of each mailbox will be limited to 500 MB on all our Windows Shared and Reseller hosting services.

 

7. Server / Resource / Staff Abuse

 

7.1 You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients’ accounts.

 

7.2 If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.

 

7.3 If you operate any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites, we reserve the right to impose new terms on you in exchange for the current terms that you enjoy (i.e. an upgrade). You are allowed to use upto 25% of total resources available on a shared server and if your account continues to use more than 25% of the resources, it will result in suspension.

 

7.4 Denial of Service (DOS) attacks directed at Pixel People Northwest ltd, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.

 

7.5 Pixel People Northwest ltd reserves the right to disable/delete any feature or application provided on shared hosting service without notification if that feature/application is found to be detrimental and/or is hampering the web servers’ overall health and performance.

 

7.6 If you are in any way disrespectful towards any member of the Pixel People Northwest ltd staff we have full right to terminate your account with us without any refund.

 

8. Bandwidth

 

If your account exceeds the bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your Account and continue to exceed the limit, the Account shall be suspended until you demonstrate to us that you have taken measures to ensure that the limit won’t be exceeded again or upgrade your account, whichever is earlier. The Account will be reactivated in the following month.

 

9. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

 

9.1 You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. Pixel People Northwest ltd would be the sole arbiter as to what constitutes a violation of this Clause.

 

9.2 You agree and understand that we have set a limit of 100 outgoing emails per hour on windows shared and reseller hosting, 300 outgoing emails per hour on linux shared and reseller hosting, 500 outgoing emails per hour on VPS Hosting, 1000 outgoing emails per hour on Cloud Hosting and 3600 outgoing emails per hour on Dedicated Hosting to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.

 

10. Affiliate Commissions

 

Affiliates cannot earn commission on the purchase of their own web hosting account and/or purchases made on their own billing account. As an affiliate, you are not permitted to self refer yourself. For instance, if you join our affiliate program and use the link code to sign up for your own personal account, you will not be entitled to receive any affiliate commission.

 

11. Backups

 

11.1 Pixel People Northwest ltd will use reasonable efforts to protect and backup data for clients on a regular basis, however, Pixel People Northwest ltd does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are solely responsible for making back-up files in connection with your use of the Services.

 

11.2 You agree and understand that any back-up which Pixel People Northwest ltd may carry out will not include any media files. These include (but are not limited to) mp3, mpeg, wmv or any other video/audio files.

 

11.3 In case of VMware Cloud backups, we maintain DRS backups of the underline file system in the event of a mass failure, but these backups cannot be used for individual restores. If this is desired, our offsite backup solution is recommended.

 

12. Billing Yearly

 

12.1 If paying by a cheque, please allow 5 working days for the cheque to clear and for us to open the Account. If

 

paying via postal orders or cash we will endeavour to set up your account on the same day.

 

12.2 Invoices are generated 10 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 5 days after the official due date. If no attempt is made within the next 10 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 15 days from the official due date will pass before we permanently terminate your account.

 

12.1 Billing Monthly

 

All payments are processed by Paypal or bank transfer. We will automatically request payment from your card / bank account on the day you sign up to your chosen package and will continue to take payment on a monthly basis usually on the same date dependant on Bank Holidays. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 5 days after the official due date. If no attempt is made within the next 10 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 15 days from the official due date will pass before we permanently terminate your account.

 

13. Security and Viruses

 

13.1 You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorised access to another network or server.

 

13.2 Your password provides access to your Account. It is your responsibility to keep your password secure.

 

13.3 Sharing your password and account access with unauthorized users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.

 

13.4 Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.

 

13.5 You must adopt adequate security measures to prevent or minimize unauthorised use of your Account.

 

13.6 You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

 

13.7 You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.

 

13.8 You agree and understand that users who violate systems or network security may incur criminal or civil liability. Pixel People Northwest ltd will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

 

13.9 You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services

 

13.10 JailShell Access – We do provide ssh access on Linux shared hosting packages but for security reason the access is restricted to specific IP’s only. In order to avail the services you must have a local network connection with static ip address or else every time you will have to contact our support team to white list your current ip address.

 

14. Control Panel Support

 

14.1 You agree and understand that our staff members will not help you over live chat, ticket or phone support to setup email accounts, sub-domains, add-on domains or install any of the applications. We have restricted our staff from the client control panel login. Customers are expected to go through our Tutorials to understand all features of respective control panels.

 

Our support team will assist you with any of the functions which won’t work or if there’s any server side problems that needs to be rectified from our end.

14.2 You will need to upload your website from your end using file manager or an FTP software. Databases should be uploaded from PHPMyAdmin and sub accounts like FTP, Mailboxes, Sub-domains, Add-on domains, Parked domains which should be setup from the client’s end only.

 

15. Cancellations & Refunds

 

15.1 Pixel People Northwest ltd reserves the right to suspend OR terminate services on receipt of abuse complaints.

 

15.2 An unconditional 30 day money back guarantee is provided on managed shared hosting, reseller hosting and VPS solutions. Domain registration fees & dedicated server packages do not come under the purview of this guarantee. Refund requests after 30 days will be refunded on a prorated basis of any unused time.

 

15.3 Only first-time accounts are eligible for a refund. If you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

 

15.4 There will be no refund for new domain registrations, ID Protect, WHM/CPanel, Plesk VPS & Dedicated Server License, Virtuozzo, SSL Certificates and Site Builder as these are purchased from External Vendors & Pixel People Northwest ltd does not get any refund in case of cancellation of licenses.

 

15.5 Any service interruptions or downtime due to scheduled maintenance by Pixel People Northwest ltd or our network providers will not count towards the uptime guarantee. Pixel People Northwest ltd is not liable in any way for failure of third party services.

 

15.6 In case of shared hosting account cancellation, the charges for free domain will be deducted from the amount to be refunded (if any). Domain will be free only until the duration of the shared hosting account you have with us. Renewal charges will have to be be paid as applicable at the time of renewal.

 

16. Money Back Guarantee

 

16.1 Dedicated servers & domain registrations are not included under the 30 day money back guarantee policy. Pixel People Northwest ltd reserves the right to decide whether or not to issue pro-rated refunds under such circumstances.

 

16.2 All subscribers of managed shared, reseller and VPS plans carry a 30 day unconditional money back guarantee. If you find the services to be deficient or unsatisfactory, you are entitled to a full refund of the contract amount within the first 30 days of the date of account set-up.

 

16.3 We also provide a price-freeze guarantee. You never have to pay more than the initial amount you sign up for your hosting service. Pixel People Northwest ltd reserves the right to change the resource allocation for its services & also to change the prices listed on the website.

 

17. Modification of Terms of Service

 

Pixel People Northwest ltd reserves the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published www.pixelpeopleltd.co.uk

 

18. Termination

 

18.1 We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.

 

18.2 We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.

 

18.3 We reserve the right to terminate any account where the account holder advises that they have or are about to initiate legal proceedings against Pixel People Northwest ltd. Notice will be given advising the scheduled termination date, allowing clients to move to a new provider and take any backups. The previous months refund will also be refunded upon termination.

 

19.Effect of Termination

 

On termination or expiry of your Account for whatever reason you shall pay immediately all sums outstanding pending on your Account to Pixel People Northwest ltd within 14 working days.

 

20.Limitation of liability

 

20.1 Pixel People Northwest ltd disclaims all liabilities in connection with the following :

 

(a)loss of material uploaded;

(b)incompatibility of the Services with any of the Customer’s equipment, software or telecommunications links; (c)technical problems including errors or interruptions of the Services;

(d)unsuitability, unreliability or inaccuracy of the Services;

(e)computer viruses of any kind obtained by the Customer in the course of using the Services;

(f)any security breaches whatsoever affecting the Customer’s Account.

 

20.2 In no event shall Pixel People Northwest ltd be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.

 

20.3 Nothing in this Clause 20 excludes each party’s liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.

 

20.4 Subject to Clause 20.3, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.

 

20.5 We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.

 

20.6e Pixel People Northwest ltd will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

 

21. Indemnity

 

The Customer agrees that it shall defend, indemnify, save and hold Pixel People Northwest ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Pixel People Northwest ltd, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.

 

22. Law

 

22.1 This Agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

 

22.2 The Customer and Pixel People Northwest ltd both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.

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Pixel People Ltd
Waterway House, Wigan, WN6 7NQ
Email: hello@pixelpeopleltd.co.uk

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