Terms & Conditions

1.1 www.pixeldynamic.co.uk is operated by We Are Pixel Dynamic Ltd, trading as Pixel Dynamic (“we”, “us” and “our”). We are registered in England and Wales under company number 11009333. Our registered office is Office 1601, Maggie O’Neill Business & Training Centre, 433 Liverpool Road, Huyton, Liverpool, L36 8HT. You can contact us at [email protected] or on 0151 329 3970.

1.2 We will use the email address registered to your account to send you service messages about your account, billing, renewals, planned maintenance and changes to our Services. If you are an existing client, we may also send you occasional marketing emails about similar services. You can opt out of these at any time using the unsubscribe link, and opting out will not affect your Services.

1.3 These terms, and any dispute or claim arising from or in connection with them, are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a consumer living in Scotland or Northern Ireland, you may also bring proceedings in your local courts. These terms are available in English only.

2.1 By placing an order with us, you confirm that:

• (a) you are legally capable of entering into binding contracts; and
• (b) you are at least 18 years old.

2.2 If you are acting on behalf of a company or other organisation, you confirm that you have the authority to bind it to these terms.

3.1 For Hosting and Domain Services, you will need an account with us, which we will set up for you. The information you give us must be complete and accurate. You must keep your login details private and tell us straight away if you think someone else knows them. We may suspend an account if we reasonably believe the information on it is inaccurate.

3.2 For Design Services, we will give you a written quote or proposal. Your order is placed when you accept it in writing (including by email) or pay the deposit.

3.3 Before you submit an online order, you will see a summary of the Services and the price, and you can correct any errors before confirming.

3.4 We accept payment by debit or credit card, bank transfer and Direct Debit. We will confirm your order by email, and copies of your invoices will be available on request or in your account.

4.1. After placing an order, you will receive an email from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to buy our Services, and all orders are subject to our acceptance.

4.2. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.

4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed.

5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.

5.2. Any disclaimer does not affect your statutory rights against the third-party seller.

6.1 If you are a consumer (buying for purposes wholly or mainly outside your trade, business, craft or profession) and you order Services at a distance, such as online, by email or by phone, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give you the right to cancel within 14 days. The 14 days start on the day after the Contract is formed.

6.2 If you ask us to start providing Services during the 14-day cancellation period, you must make an express request for this. If you then cancel within the period, you must pay for the Services provided up to the time you tell us you are cancelling. If the Services have been fully performed at your request within the 14 days, you will lose the right to cancel.

6.3 Domain name registrations are personalised to your request and are completed as soon as the registration is made, so they cannot be cancelled once registered.

6.4 To cancel, tell us clearly, for example by email to [email protected], by support ticket or by post. We will refund any money due within 14 days of being told about the cancellation, using the same payment method you used.

6.5 If you are a consumer, we must provide Services with reasonable care and skill, and as described. Nothing in these terms affects your legal rights. For more information, contact your local Trading Standards office or Citizens Advice.

7.1 In addition to your legal rights, you may cancel a new Hosting Service within 30 days of the day after you receive our Acceptance Confirmation for a full refund of the hosting fee.

7.2 To use this guarantee, contact us by support ticket or email within the 30-day period. We will confirm the cancellation with you before closing the account, so that we do not delete data you need to keep. We will refund the payment method you used. The guarantee is limited to one per customer.

7.3 The guarantee does not apply to:

• (a) domain name registrations and renewals;
• (b) paid SSL certificates;
• (c) add-on products; or
• (d) virtual private servers (VPS) and associated products.

8.1 The price of the Services will be set out on our website or in your quote or proposal. Prices for business customers are shown exclusive of VAT, which will be added at the applicable rate. Prices given to consumers will include any VAT payable.

8.2 The total cost of your order will be set out clearly before you confirm it.

8.3 We may change our prices for ongoing Services. We will give you at least 30 days’ notice by email before an increase takes effect. You may cancel the affected Services before the increase takes effect without any charge for the increase.

8.4 If we discover a pricing error:

• (a) where the correct price is lower than the price shown, we will charge the lower amount;
• (b) where the correct price is higher, we will contact you before accepting your order, and you can then confirm the order at the correct price or cancel it; and
• (c) where the error was obvious and could reasonably have been recognised by you, we do not have to provide the Services at the incorrect price.

8.5 Unless your quote says otherwise, invoices for business customers are payable within 14 days. If a business customer pays late, we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998, and we may recover reasonable debt recovery costs. We may suspend Services while payment is overdue, after giving notice.

8.6 Where you have registered more than one payment method, you authorise us to collect amounts due from any of them if your primary method fails.

9.1 We will provide the Services with reasonable care and skill.

9.2 If you are a business customer, we will not be liable for a breach of clause 9.1 unless:

• (a) you tell us about the problem in writing;
• (b) you give us a reasonable opportunity to investigate and put it right; and
• (c) the problem was not caused by you failing to follow our reasonable instructions, by changes made by you or a third party without our agreement, or by misuse.

9.3 If we are in breach of clause 9.1, we will put the problem right promptly. If we cannot, we will refund the price of the affected Services on a pro rata basis.

9.4 Nothing in this clause limits a consumer’s legal rights.

10.1. It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place.

10.2. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and, in particular, our acceptable use policy).

11.1. We do not warrant that access to our servers will be uninterrupted or error-free, but we shall use reasonable endeavours to keep downtime to a minimum.

12.1. You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you throughout use upon the expiry or termination of Services.

12.2. Any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.

12.3. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.

13.1. It is your responsibility to maintain appropriate and up-to-date backup copies of any data, information, or other material you upload onto our servers as part of your use of the Hosting Services. We provide free tools to make website and database backups in our control panels. In the event of loss of or damage to your material, you will not be given access to the server backup we maintain pursuant to our archiving procedure.

13.2. We will follow our archiving procedures for the data stored on our servers.

13.3. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.

14.1. The Hosting Service package you order includes the per-calendar-month bandwidth allowance applicable to that hosting package, as set out on this website at the time of your order.

14.2. If you exceed this monthly bandwidth allowance, the hosting service you ordered will be automatically suspended. If this happens, you may upgrade your Hosting Service package to one that includes a higher monthly bandwidth allowance or wait for the Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.

14.3. Unless the Hosting Service package you order includes a virtual private server, you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order.

14.4. We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is at our absolute discretion.

14.5. The Hosting Service package you order includes the number of mailboxes applicable to that hosting package, as set out on our website at the time of your order.

14.6. We will automatically delete mailboxes that have not been accessed for 100 clear days from our system.

14.7. When using the Services, you must comply with our Terms of Use and our Acceptable Use Policy. Any conflict between our terms of website use and these terms and conditions will be resolved in favour of these terms and conditions.

14.8. A breach of either the Website Terms of Use or Acceptable Use policy will entitle us to terminate the provision of Services to you.

15.1. Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support, but as part of our Hosting Services, our servers are compatible with many programming languages.

15.2. We do not provide telephone technical support. Support is provided via an online support ticket or online chat.

16.1 Where you order our Domain Registration and Renewal Service:

• (a) we will try to register the domain name you request, but we are not liable if the registry refuses, suspends or revokes the registration;
• (b) the registration and use of your domain are subject to the relevant registry’s terms and conditions (for example Nominet for .uk domains), which you must comply with;
• (c) the domain is only registered once you appear as the registrant in the registry’s records. Domains are registered in your name (or your organisation’s name), not ours;
• (d) we may decline or suspend a registration if we reasonably believe the name infringes someone else’s rights, is registered in bad faith or breaks the law; and
• (e) you confirm that you are entitled to use the domain name and any trade mark it contains.

16.2 Domains must be renewed to keep them. We will send renewal reminders to the email address on your account at least 30 days and 7 days before renewal. Unless you cancel before the renewal date, you authorise us to renew the domain automatically and charge the payment method on your account at the renewal price shown in your account or invoice.

16.3 We may apply registrar locks to protect your domain. We will remove them and provide any transfer codes you need, free of charge, if you want to move your domain to another provider, as long as your account is not in arrears.

17.1 Your material. You keep all intellectual property rights in the content, images, logos and other material you give us (“Your Material”). You grant us a non-exclusive, royalty-free licence to use Your Material as needed to provide the Services. You confirm that you own, or have permission to use, Your Material, and that it does not infringe anyone else’s rights. If you are a business customer, you will compensate us for any losses we incur because of a claim that Your Material infringes a third party’s rights.

17.2 Design work. Once you have paid in full for a project, we assign to you the intellectual property rights in the final, approved designs, logos and website content we created specifically for you. This does not include third-party material, such as stock images, fonts, themes and plugins. That material is licensed to you on its owner’s terms, and we will tell you about any licences you need to maintain.

17.3 Our tools. We keep ownership of our pre-existing know-how, code libraries, templates and tools, and grant you a perpetual, non-exclusive licence to use them as part of your website.

17.4 Concepts. Unused concepts, drafts and source files remain ours, unless your quote says otherwise.

17.5 Portfolio. Unless you ask us not to in writing, we may show the finished work, and your name and logo, in our portfolio and marketing.

18.1 Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be excluded or limited by law. Nothing in these terms affects a consumer’s legal rights.

18.2 We do not monitor, and are not responsible for, the content you publish or transmit using the Hosting Service.

18.3 While we take appropriate security measures, we cannot guarantee that the Services will be free from interruption, security incidents or unauthorised access.

18.4 Business customers. If you are a business customer:

• (a) all terms implied by law are excluded, to the fullest extent permitted;
• (b) we will not be liable for any loss of profits, revenue, business, contracts, anticipated savings, goodwill, software or data, for wasted expenditure (such as pay-per-click advertising costs) or management time, or for any indirect or consequential loss; and
• (c) our total liability arising out of or in connection with the Contract will not exceed the amount you paid us for the Services in the 12 months before the event giving rise to the claim.

18.5 Consumers. If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable, or for business losses.

18.6 We recommend that business customers keep their own backups and consider business interruption insurance.

19.1 Domain Registration and Renewal Service. This starts when we send our Acceptance Confirmation and continues until you ask us not to renew the domain, or until we end it because the domain is unavailable, you are in serious breach of these terms, or something else prevents registration. If we end it before registering your domain, we will refund what you paid for it.

19.2 Hosting and other ongoing Services. These start when we send our Acceptance Confirmation and continue for any minimum term stated in your order. After that, they continue on a monthly (or annual, if you pay annually) basis until cancelled:

• (a) by you, at any time, by telling us by support ticket, email or post. We recommend giving at least two working days’ notice before your next payment date;
• (b) by us, by giving you at least 30 days’ notice by email; or
• (c) by either of us immediately, if the other commits a serious breach of these terms and does not fix it within 7 days of being asked to.

19.3 We will confirm any cancellation by email, and check with you before deleting data.

19.4 Ongoing Services are charged in advance on the same date each month (or year) as they started. If you cancel part-way through a billing period, the Services will continue until the end of that period, and we will not normally refund the remaining part, unless you are cancelling within your legal cancellation period or because of our breach.

19.5 If we end the Services other than because of your breach, we will refund any fees you have paid in advance for the period after they end.

19.6 Ending the Contract does not affect any rights or liabilities that have built up by that date.

20.1 When Hosting Services end, we will keep your website files, databases and email for 30 days so that you can ask us for a copy or move them to another provider. After that period, the data will be permanently deleted from our live systems, and from our backups in line with their normal rotation.

20.2 Please make sure you have copies of anything you need before the 30 days are up.

21.1. Additional terms and conditions may apply to our offers. If so, you will be advised of them at the relevant point.

22.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.

22.2. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication, and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

23.1 You can give us notice by support ticket, by email to [email protected] or by post to our registered office.

23.2 We may give notice to you using the email or postal address registered on your account.

24.1. Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

24.2. The Contract is binding on you and us and on our respective successors and assigns.

24.3. You may not transfer, assign, charge or otherwise dispose of the Contract or any of your rights or obligations arising under it without our prior written consent.

24.4. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract or any of our rights or obligations arising under it at any time during the term of the Contract.

25.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

25.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• 2.1. misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
• 2.2. strikes, lock-outs or other industrial action;
• 2.3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• 2.4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• 2.5. impossibility of the use of public or private telecommunications networks; and
• 2.6. the acts, decrees, legislation, regulations or restrictions of any government.

25.3. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

26.1. If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

26.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

26.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

27.1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

28.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

28.2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

28.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently). The other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

29.1 We may update these terms from time to time, for example to reflect changes in the law or in our Services.

29.2 The terms in force when you place an order apply to that order. If we change the terms for ongoing Services, we will give you at least 30 days’ notice by email. If you do not agree to the change, you may cancel the affected Services before it takes effect.

29.3 No other variation of these terms is valid unless it is agreed in writing (email is fine) by us.

30.1 Scope. Your quote or proposal sets out what is included, the price, timescales and the number of revision rounds. Any work outside that scope will be quoted separately before we start it.

30.2 Payment. Unless your quote says otherwise, we take a 50% deposit before we start work. The balance is due on completion, before the website goes live or the final files are handed over. For larger projects, we may agree staged payments.

30.3 Your responsibilities. You agree to provide the content, images, logins and feedback we need in good time. If we are waiting for you for more than 30 days, we may invoice for the work completed to date, and agree a new timetable with you.

30.4 Approval. We will ask you to approve designs and the finished website before launch. Once you have approved a stage, further changes to it may be charged as additional work.

30.5 After launch. We will fix any errors in our work that you report within 30 days of launch, free of charge. Ongoing updates, security monitoring and support are available under a maintenance plan. Without a plan, you are responsible for keeping your website’s software up to date.

30.6 Third-party services. Your website may rely on third-party services, such as payment gateways, plugins, fonts, maps and social media feeds. We are not responsible for changes to, or the availability of, those services.

30.7 Cancelling a project. If a business customer cancels a project, they must pay for the work carried out up to that point. The deposit is non-refundable once work has started. Consumers have the cancellation rights set out in clause 6.