Project Terms and Conditions

    1. The parties acknowledge and agree that the Contract supersedes any prior agreement, understanding or arrangement between the parties, whether made orally or in writing and constitute the entire agreement between the Company and the Client relating to these Services. Therefore, except as expressly provided, all other conditions and warranties (implied, statutory or otherwise) are hereby excluded to the fullest extent permitted by law.
    1. The Company and the Client shall be obliged to attempt to settle any disputes arising between them including disputes relating to the existence or validity of the Contract through negotiation provided always that either party shall be entitled at all times to exercise any of its other remedies including through taking legal action.
    2. The Contract shall be governed by and construed in accordance with Australian law and the parties hereby agree to submit to the non-exclusive jurisdiction of the Australian courts.
  3. SEO
    1. Client acknowledges that Search Engine Optimization (“SEO”) is governed by many factors which are outside the direct control of Blue Pixel. Search Engines are third party systems with unknown variables, algorithms and indexing decisions that can change at any time and without notice over which we have no control. Blue Pixel will use best efforts, techniques and accepted standards to improve Client’s Search Engine Ranking but cannot guarantee of #1 ranking of Client’s website on any major Search Engine using Client’s desired keywords. Client further acknowledges that the website’s ranking with a particular Search Term will rely on both the relevancy of that term on your pages, and the popularity of that term on other websites.
    2. Client further acknowledges and understands that a website’s rankings may go backwards. Client agrees if this were to happen, no liability will be on Blue Pixel and no refunds or discounts given.
    3. Blue Pixel is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
    4. Blue Pixel is not responsible for the Client overwriting Blue Pixel’s work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content.
    5. Blue Pixel follows a strictly ethical SEO policy and will not be responsible for any bans or search engine suspension for the following: duplicate sites, duplicate content or pages, redirects or doorway pages, link farms or any spanning techniques which may harm the web site’s ranking with Google, Increased traffic or sales, hidden links, automated web site submission software or websites.
    6. Client acknowledges that Blue Pixel will add an “SEO Services” by “Blue Pixel” link to the footer section of each website they work on.
    1. Blue Pixel shall provide Client a management service of a Google AdWords® account in accordance with the terms set out in the Project Brief.
    2. Client expressly permits Blue Pixel to create a Google AdWords™ account on their behalf. Client acknowledges that Google AdWords™ are subject to Google’s Terms and Conditions. Client’s account will be deemed active once Google™ approves it for online advertising. Blue Pixel is not liable if Client’s account is rejected.
    3. Blue Pixel acknowledges that Client owns the Google AdWords™ Account developed by Blue Pixel. Upon expiration of the term of this agreement Client may retain the account and all its configuration.
    4. Blue Pixel will send a draft to Client once work is complete. Client agrees to review and approve said draft within fourteen (14) business days. Blue Pixel is not liable for errors or omissions once the ads are deployed.
    1. Blue Pixel agrees to promote Client’s company on Facebook® and/or Social Media sites including but not limited to Instagram™, Twitter™, YouTube™, Digg™ and LinkedIn™ through targeted advertising campaigns per the agreed specifications set out in the Project Brief.
    2. Client agrees to provide Blue Pixel with information (ad banners and web site links) within ten working days after the Commencement Date and further agrees that they will comply with any technical specifications provided to the customer by Blue Pixel. Drafts will be sent to Client for approval before being submitted to the relevant site.
    3. Client agrees that any images to be used in advertisements will be supplied to Blue Pixel. Client acknowledges that if images are not provided, additional design fees may be payable. Blue Pixel will include these additional fees on the invoice.
    4. Client acknowledges that Facebook and other social media  sites reserve the right to refuse adverts at any time for any reason, whether or not the same has already been acknowledged and/or previously published, including but not limited to for reasons relating to the contents of the advertisement or any technology associated with the advertisement. Blue Pixel will make every effort to create a substitute advertisement. If the advertisement is rejected due to content, Blue Pixel shall require Client to supply new copy acceptable to aforementioned sites. Blue Pixel cannot be held liable for rejection of ads by third party websites. Client acknowledges that if an advertisement previously accepted and displayed on a social media site is then subsequently removed by said site, prior to the end of the agreed period, that Blue Pixel is not liable for this decision and no refund will be payable.
    1. If requested Blue Pixel shall provide the link building services as specified on the Blue Pixel website and to the agreed specifications on the Project Brief.
    2. The number of links stated in the Project Brief is the number of links that Blue Pixel will provide on the link building report. The number is correct at the point at which the report is generated and quality controlled, whereupon it will be emailed to the Client.
    3. Blue Pixel offers no guarantee for the length of time each link will remain live after the point at which it has been confirmed and reported on the Customer link report.
    4. Client acknowledges that Blue Pixel is not liable for the content of those sites. Use of any such linked web site is at the Client’s own risk.
    5. The inclusion of any link does not imply endorsement by Blue Pixel of the site.
    6. Client acknowledges that linking to “bad neighborhoods” or receiving links from “link farms” can seriously damage all SEO efforts. Blue Pixel does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
    1. Blue Pixel agrees to produce written material for inclusion on Client’s website upon the request of the Client and per the agreed specifications in the Project Brief.
    2. Blue Pixel agrees that it will be the sole author of the work, which will be original work by Blue Pixel copywriter, free of plagiarism. Blue Pixel agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party
    3. Client may provide additional copy to Blue Pixel. Client accepts full responsibility for all detail contained in the copy provided to Blue Pixel and agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.
    4. Blue Pixel acknowledges that Client has the right to edit the work in a time frame agreed upon in advance as it deems appropriate for publication, and that Blue Pixel will cooperate with Client in editing and otherwise reviewing the work prior to publication.
    5. Client agrees that they are responsible for reviewing the final draft for accuracy to include spelling and grammatical errors, statements and assertions. Blue Pixel is not liable for errors discovered after publication.
    1. Blue Pixel agrees to design and develop a website at Client’s request and will deliver the work by to the agreed specifications in the Project Brief.
    2. Client is solely responsible for preparing and posting detailed descriptions of each of its Project Briefs, including providing samples illustrating Client’s creative brief (“samples”), site structure, number of pages required, the applicable deadline, and other relevant terms and conditions. Client agrees to provide information to Blue Pixel within 30 days of signing the agreed Project Brief.
    3. Client agrees to supply the Blue Pixel with adequate photography or imagery to use in the design; or SEO may recommend a stock photography bundle to suit the project. Client acknowledges that an additional fee may be assessed for any stock photography we acquire.
    4. Client agrees that if it fails to deliver information or content to Blue Pixel to enable development work to commence within thirty (30) days, that Blue Pixel may at its discretion consider the project cancelled. Client also agrees that no refund would be payable under this circumstance and will not hold Blue Pixel liable for subsequent breach of this Agreement.
    5. Blue Pixel will send Client a “Web Draft” once work is completed. Client agrees to review and test website for grammatical, spelling, graphical errors and coding bugs. Client hereby agrees that it is their sole responsibility to notify Blue Pixel of any such errors during the revision cycle and before the final files have been generated. Client agrees to provide feedback and revisions to Blue Pixel within fourteen (14) working days after receipt of the draft.
    6. Client is responsible for acquiring and purchasing a domain name. Blue Pixel may at its discretion advise Client on suitable names.
    7. Client hereby acknowledges that Blue Pixel is not responsible for any errors, grammatical or otherwise found in submitted material Client provides towards the development of the website
    8. Blue Pixel agrees to resolve any errors or implement revisions requested by Client. Client agrees that a maximum of three revisions are available.
    9. Client acknowledges that any change requests after final approval has been given to Blue Pixel or after website is live in Production, that Blue Pixel reserves the right to require Client sign a new contract and pay any subsequent fees. Blue Pixel will not commence work on subsequent change requests until full payment has been received.
    10. Client acknowledges that Blue Pixel will add a “Web Design” by “Blue Pixel” link to the footer section of each website they work on.
    1. Client’s website should be hosted on a reliable server, based in the country of Search Engine interest, with constant availability, for optimum results.
    2. Blue Pixel may recommend changing Client’s host or server, in order to protect the interests of your web site’s ranking within the Search Engines. Blue Pixel offers no guarantees to interruption of hosting services and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
    3. Client may elect to host their website with Blue Pixel for an additional annual fee.  Client agrees to pay the annual hosting charge in advance of commencement of hosting services
    4. Client acknowledges that Blue Pixel may from time to time be required to perform maintenance, upgrades or replacements to servers. Blue Pixel reserves the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server. In this event, Blue Pixel will notify Client via e-mail at least 24 hours before the due date and time for maintenance.
    1. The technology and content provided on the Blue Pixel Site, unless specified otherwise is owned by or licensed to Blue Pixel. Content includes but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software.
    2. Blue Pixel and its licensors retain all proprietary rights to that content and technology and by continuing to use this website, Client acknowledges said content and technology is protected by Australian and international intellectual property laws.
    3. For all content, imagery or photography provided to Blue Pixel in the provision of services, Client hereby warrants:
    4. i) They own the intellectual property rights in that content;
    5. ii) That content does not infringe the intellectual property rights of a third party;
    6. iii) That content is not fraudulent, stolen, or otherwise unlawful;
    7. iv) That content does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, or criminal law);
    8. iv)That content is not defamatory, unlawfully threatening or unlawfully harassing; and
    9. vi) That content does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
    10. Blue Pixel reserves the right to refuse any content it considers to be in contravention with any of the above statements.
    1. Client acknowledges that copyright to any stock imagery or photography used on Client’s websites is retained by the owner.
    2. Client acknowledges that such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by Blue Pixel. Any editing of the dimensions in which they appear may contravene their usage rights.
    1. Client hereby warrants that there is nothing in any advertisement or other material provided to Blue Pixel, or in any material to which the advertisement or other material links or refers, that violates any personal or proprietary right of any third party, constitutes false advertising, is harmful, or violates any law or governmental regulation.
    2. Client agrees to indemnify and hold harmless Blue Pixel, its employees, directors, heirs and assigns  against all liability, loss, damage and expense of any nature, including attorneys’ fees, arising out of the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the Client or the linkage of any advertisement to any other material.