These terms and conditions ("Terms") govern all contracts between Pixen ("the Studio") and any business ("the Client") engaging Pixen for services. By accepting a quotation, making a payment, or instructing Pixen to proceed with any work, the Client agrees to be bound by these Terms in full.
These Terms apply to business-to-business transactions only. Pixen provides services exclusively to business clients acting in the course of their trade or profession. Consumer rights legislation does not apply to contracts formed under these Terms.
Pixen is a digital studio based in the United Kingdom, trading at pixen.uk.
In these Terms, the following definitions apply:
"Business Day" means any day other than a Saturday, Sunday, or public holiday in England and Wales.
"Client" means the business entity engaging Pixen for services.
"Contract" means the agreement between Pixen and the Client for the supply of Services, formed in accordance with clause 2.
"Deliverables" means the work, output, designs, code, content, reports, or other materials produced by Pixen under a Contract.
"Force Majeure Event" means any event beyond the reasonable control of either party, including but not limited to acts of God, pandemic, war, civil unrest, fire, flood, cyberattack, failure of third-party platforms or infrastructure, industrial dispute, or change in law or regulation.
"Intellectual Property Rights" means all patents, copyright, trademarks, design rights, database rights, trade secrets, know-how, and all other intellectual property rights, whether registered or unregistered.
"Order" means the Client's written instruction, counter-signed quotation, or payment of deposit confirming acceptance of a Quotation.
"Quotation" means the written proposal prepared by Pixen setting out the scope, cost, and terms of a proposed project.
"Services" means the services Pixen will provide to the Client as specified in the Order.
"Specification" means the description, scope, or requirements of the Services as set out in the Order or Quotation.
2.1 A Quotation prepared by Pixen does not constitute an offer. A Quotation is valid for 30 days from the date of issue unless otherwise stated.
2.2 A Contract between Pixen and the Client is formed when the Client does any of the following: counter-signs a Quotation, provides written confirmation to proceed, or makes a deposit or upfront payment.
2.3 These Terms apply to all Contracts to the exclusion of any terms the Client seeks to impose, unless otherwise agreed in writing by Pixen.
2.4 No variation to these Terms or to the scope of a Contract shall be effective unless agreed in writing between both parties.
3.1 Pixen will provide the Services with reasonable skill and care, in accordance with the Specification.
3.2 Pixen may engage subcontractors or partner studios to assist in the delivery of Services. Pixen remains responsible for the delivery of the Services in all cases.
3.3 Any project timelines or delivery dates provided by Pixen are estimates only. Time is not of the essence for the delivery of Services unless expressly agreed in writing.
4.1 The Client shall provide all content, materials, information, access, and approvals reasonably required by Pixen to deliver the Services, in sufficient time to meet any agreed milestones.
4.2 The Client is solely responsible for the accuracy and completeness of all information, content, and materials supplied to Pixen.
4.3 The Client shall notify Pixen promptly of any changes to domain names, technical infrastructure, third-party platforms, or other material information that may affect the delivery of the Services.
4.4 Where the Client fails to provide required materials or approvals within 15 Business Days of the date requested by Pixen, Pixen reserves the right to invoice for the Services completed to that point and to suspend further work until the required items are received.
5.1 Pixen will present Deliverables to the Client for review and approval at agreed stages of a project. The Client shall review and provide written feedback or approval within the timeframe agreed, or within 10 Business Days where no timeframe has been agreed.
5.2 Where the Client provides written approval of a Deliverable, that Deliverable is deemed accepted. Any amendments requested after sign-off will be treated as new work and may be subject to additional charges.
5.3 Where the Client does not respond to a request for approval within 10 Business Days, Pixen may treat the Deliverable as approved and proceed accordingly.
5.4 Pixen reserves the right to suspend or delay a project where client approvals are outstanding and causing material delay to delivery.
6.1 All payments are made online via credit card, debit card, or bank transfer. Pixen does not accept cash or any other payment method.
6.2 All prices quoted by Pixen are inclusive of any applicable taxes unless otherwise stated on the invoice.
6.3 Where a deposit or upfront payment is required, work will not commence until payment has cleared.
6.4 Payment terms are as stated on each invoice. Where no payment terms are stated, payment is due within 14 days of the invoice date.
7.1 Where a payment is not received by the due date, Pixen reserves the right to:
7.2 Pixen reserves the right to withhold delivery or access to Deliverables until all outstanding amounts have been paid in full.
8.1 All payments made to Pixen are non-refundable. Where work has commenced and resources have been allocated, Pixen may, at its sole discretion, issue a partial refund reflecting the value of work not yet undertaken. Any such refund will be calculated based on the amount actually paid. Where a discount or promotional code has been applied, the refund is calculated on the amount actually paid, not the original listed price.
9.1 Services provided on a fixed-term contract basis are committed for the full contract period. A minimum of 30 days written notice is required to terminate a fixed-term contract early. Upon early termination, all fees for work completed or committed to date become immediately due. In addition, Pixen reserves the right to charge a reasonable early termination fee to cover costs incurred in reliance on the Contract.
9.2 Either party may terminate a Contract immediately by written notice if the other party commits a material breach of these Terms and fails to remedy that breach within 14 days of written notice requiring it to do so.
9.3 Early termination on different terms is only permitted where both parties agree in writing prior to termination.
10.1 All Intellectual Property Rights in the Deliverables remain vested in Pixen until full payment has been received. Pixen will not launch or publish any website or Deliverable until full payment, or such staged payment as agreed in writing, has cleared. Upon receipt of full and final payment, ownership of the final Deliverables transfers to the Client, except as set out in clause 10.2.
10.2 Any tools, frameworks, templates, methodologies, pre-existing materials, or third-party software used in the creation of the Deliverables remain the property of their respective owners and are not transferred to the Client.
10.3 Pixen reserves the right to display completed work in its portfolio, case studies, and marketing materials unless the Client requests otherwise in writing prior to project completion.
11.1 The Client accepts full responsibility for all creative, written, audio, or visual materials supplied to Pixen. By submitting materials, the Client confirms that it holds all necessary rights, licences, and permissions, and that their use by Pixen will not infringe any third-party rights.
11.2 The Client shall indemnify Pixen against all claims, losses, damages, costs, and expenses arising from any third-party claim relating to content or materials supplied by the Client.
11.3 Pixen uses licensed design tools, software, and digital marketing platforms to deliver its Services. Where the Client requests the use of licensed third-party visual assets or AI-generated imagery, this will be agreed and the cost communicated in advance.
12.1 Each party agrees to keep confidential all information received from the other party that is designated as confidential, or that ought reasonably to be considered confidential given the nature of the information and the circumstances of disclosure.
12.2 This obligation does not apply to information that is publicly available, already known to the receiving party, or required to be disclosed by law or regulatory authority.
12.3 Either party may request a formal non-disclosure agreement at any time, which shall not be unreasonably withheld.
13.1 Pixen does not guarantee any specific search engine ranking, advertising position, number of leads, or business outcome from any digital marketing or advertising campaign.
13.2 Pixen will always work to maximise results within the agreed budget and strategy. Pixen accepts no responsibility for the conversion of leads into paying customers, the Client's pricing strategy, or any aspect of the Client's sales process.
13.3 Advertising platforms including Google, Meta, and LinkedIn may change their algorithms, policies, targeting options, or pricing at any time. Pixen accepts no liability for changes in campaign performance resulting from third-party platform decisions outside Pixen's control.
13.4 Advertising budgets are paid directly by the Client using the Client's own payment method, into the Client's own advertising platform account. The Client retains full ownership of their advertising accounts and historical data at all times. Pixen is granted access to those accounts solely for the purpose of managing and optimising campaigns on the Client's behalf.
13.5 Pixen's management fee for advertising services is charged separately from the advertising budget. This fee is calculated as a percentage of the monthly advertising spend, subject to a minimum monthly management fee as agreed in the project proposal. Both the percentage rate and the minimum fee will be set out in the relevant Quotation or Order.
13.6 Pixen's management fee is invoiced monthly and is payable regardless of campaign performance, pauses instructed by the Client, or temporary suspensions caused by platform issues outside Pixen's control.
14.1 Project timelines are set on the basis that the Client will provide all required content, materials, feedback, and approvals by agreed dates.
14.2 Pixen accepts no liability for delays caused by the Client's late submission of content or approvals, or by a Force Majeure Event.
15.1 Domain registration and hosting services are billed annually. All renewals are valid for a minimum period of one year from the renewal date.
15.2 Clients are responsible for ensuring renewal payments are made on time. Pixen accepts no liability for service interruption resulting from a lapsed domain or hosting payment.
16.1 Pixen does not guarantee any specific uptime percentage for websites hosted through third-party service providers. Interruptions caused by third-party hosting, infrastructure, or platform outages are outside Pixen's control. Pixen will act promptly to restore service where possible.
17.1 Following the launch of a website project, Pixen will carry out minor pixel-level visual corrections at no additional charge for a period of seven days. The seven-day period begins from the date Pixen notifies the Client by email that the project is complete and live. This does not include changes to layout, content, functionality, new pages, or structure.
17.2 After the seven-day period, amendments are subject to the following:
18.1 Maintenance agreements cover general upkeep as defined at the point of agreement, which may include plugin and software updates, security monitoring, and minor content edits.
18.2 Work required beyond the scope of general maintenance will be subject to a maximum time allocation agreed in writing by both parties before work commences. Where time spent exceeds the agreed maximum, Pixen will notify the Client and obtain written approval before proceeding. Additional time will be invoiced at the standard hourly rate. Written confirmation via email or message is accepted.
19.1 Logo and creative design projects include a defined number of revision rounds as specified in the project proposal. Revisions beyond the agreed allowance may be purchased as additional revision packages at the applicable rate.
20.1 Where a maximum time allocation has been defined for a digital project, Pixen will notify the Client if that allocation is at risk of being exceeded. No additional time will be spent without the Client's written approval. Additional time will be invoiced at the standard hourly rate.
21.1 Strategy sessions have a minimum duration of two hours. Full payment is required in advance. Sessions not attended or cancelled with less than 24 hours notice will not be refunded.
22.1 Support requests must be submitted via the Pixen support form or by email to [email protected]. Pixen aims to respond within 2 hours during business hours, though response times are not guaranteed.
22.2 Pixen does not accept support requests made verbally or via informal messaging channels as formal submissions.
23.1 Pixen reserves the right to amend its pricing and promotional offers at any time. Updates will be communicated via the Pixen website or by written email notification. Price changes will not affect services already confirmed and invoiced.
24.1 Pixen's total liability to the Client in connection with any Contract shall not exceed the total fees paid by the Client under that Contract.
24.2 Pixen accepts no liability for indirect, consequential, or incidental loss of any kind, including loss of revenue, loss of profit, loss of data, or loss of opportunity.
24.3 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.
25.1 Pixen accepts no responsibility for the storage, sale, or unlawful use of any Client end-customer's personal data. Where required by law or regulatory authority, Pixen will disclose relevant information to the appropriate body.
25.2 Where Pixen has reasonable grounds to believe that a Client is using Pixen's services unlawfully or in breach of these Terms, Pixen reserves the right to terminate the Client's account and services immediately and without liability.
26.1 Pixen shall not be liable for any failure or delay in performing its obligations under a Contract to the extent that such failure or delay is caused by a Force Majeure Event.
26.2 Pixen will notify the Client as soon as reasonably practicable if a Force Majeure Event affects its ability to perform the Services, and will use reasonable endeavours to resume performance as quickly as possible.
27.1 Pixen endeavours to keep its published business hours accurate and up to date on pixen.uk and its Google Business listing. Hours are subject to change and clients are advised to confirm availability in advance. Pixen accepts no liability for any inconvenience arising from inaccurate published hours.
28.1 Content published on pixen.uk is written for marketing purposes and does not constitute a contractual commitment unless explicitly confirmed in a signed agreement or written project proposal.
29.1 These Terms and all Contracts formed under them are governed by the laws of England and Wales.
29.2 Any dispute arising from these Terms or a Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
30.1 These Terms, together with any Order or Quotation, constitute the entire agreement between the parties in relation to the Services and supersede all prior representations, discussions, or agreements.
30.2 The Client acknowledges that it has not relied on any statement, promise, or representation made by Pixen that is not set out in these Terms or the relevant Order.
31.1 Pixen reserves the right to update these Terms at any time. The date at the top of this page reflects the most recent revision. Continued use of Pixen's services following an update constitutes acceptance of the revised Terms.
Pixen | pixen.uk | [email protected]
