Terms of Service
Pixelcraft

Last updated: 25 May 2025

1. Acceptance

A Client doesn’t need to have signed an acceptance of these Terms and Conditions for them to apply. By accepting a quotation or making a payment of invoice, the Client acknowledges having read, understood and accepted these Terms and Conditions in full and agrees to be legally bound by them.

If a Client is using the Services on behalf of an organisation, they are agreeing to these Terms for that organisation and committing to Pixelcraft that they have the authority to bind that organisation to these Terms and Conditions. Should the Client end their affiliation with their organisation, the organisation remains legally bound pursuant to these terms.

2. Price and Payment Terms

The Client agrees to pay Pixelcraft the amount(s) set out in the Statement of Work (SOW), with payment due upon receipt of invoice. Reimbursable items (e.g. stock imagery, plugins, fonts) must be pre-approved and are also due on invoice.

Each project will include one or more payment milestones. These will be invoiced as each milestone is reached. Work may not commence until the first invoice has been paid in full. Final payment for a project phase is required before any materials are released or websites launched.

If payment is outstanding, all work—including deliverables—will cease until the account is settled. This pause will be treated as a timeline extension, not a delay for which Pixelcraft is liable.

Print production must be paid in full before going to print or being dispatched. Pixelcraft is not responsible for print delays caused by payment delays.

All legal costs incurred in recovering outstanding payments (e.g. debt collection or solicitor fees) will be recoverable from the Client.

Out-of-scope work will be billed at a fixed fee or at Pixelcraft’s standard hourly rate of $175 + GST.

Pixelcraft reserves the right to correct any clerical errors in prices or specifications.

3. Late Payments

Invoices are due upon receipt. If an invoice remains unpaid after 30 days, interest will be charged on the outstanding balance at a monthly rate of 5%, compounded monthly, until full payment is made.

If an invoice is 60 days overdue, debt collection proceedings will begin unless a resolution has been agreed to.

The Client will be liable for any and all costs incurred by Pixelcraft in collecting late payments, including debt collection fees and legal costs.

4. Non-Payment

If the Client fails to pay by the due date, or enters liquidation, receivership, insolvency, bankruptcy, or ceases trading, Pixelcraft has the right to suspend or cancel services without liability.

If an invoice remains unpaid for 30+ days, Pixelcraft may remove Client materials from all systems unless a satisfactory agreement is in place. Pixelcraft is not responsible for any data loss resulting from service removal. Termination of services does not relieve the Client from its payment obligations.

In severe non-payment situations, Pixelcraft reserves the right to engage a debt collection agency and suspend web hosting if applicable. The Client is liable for all related collection costs.

5. Rush Fees

If a Client requests an urgent turnaround, Pixelcraft may, at its discretion, reprioritise its schedule to expedite the work. A rush rate of +50% of the total project cost will apply. The Client will be notified before work begins if a rush fee is required.

6. Non-Refundable Services

The Client acknowledges this is a non-revocable services contract, and Pixelcraft may commence work immediately upon receiving a signed Statement of Work or invoice payment.

All payments made to Pixelcraft are non-refundable. Refunds, whether full or partial, are at Pixelcraft’s sole discretion.

If the Client’s business changes (e.g. rebrand, shutdown) and the original design no longer suits, this does not entitle the Client to a refund. If the design needs to be updated to reflect new branding or direction, additional charges will apply.

7. Invoice Disputes

If the Client disputes an invoice, they must notify Pixelcraft in writing within 5 business days of receiving the invoice. The notice must clearly identify the disputed charge.

The Client must still pay the undisputed portion of the invoice by the due date.

Pixelcraft reserves the right to pause all services, including hosting, until outstanding payments are resolved.

8. Expenses

The Client agrees to reimburse Pixelcraft for reasonable project-related expenses, including GST or other government charges. Any expenses over $250 must be pre-approved in writing, including travel costs requested by the Client.

9. Licensing and Additional Services

Pixelcraft may be required to purchase fonts, software, or third-party licences to execute the Client’s project.

Unless specified otherwise, project costs do not include:

• Third-party licensing

• Data entry

• Hosting

• Plugin or extension subscriptions

• Proofreading or copywriting

• Stock imagery sourcing/licensing

• Original photography

• Image retouching

• Printing or production

• Video production

Licences for these items are usually not transferable to the Client. If the Client receives copies of licensed items, they are responsible for complying with licence terms or purchasing additional rights.

Any fonts, plugins, or resources licensed by Pixelcraft remain under Pixelcraft’s ownership unless otherwise arranged.

All licences will auto-renew unless the Client advises Pixelcraft in advance. Subscriptions and licences are non-refundable.

10. Currency and GST

All prices are quoted in New Zealand Dollars (NZD) and are exclusive of GST unless otherwise stated.

GST applies to New Zealand-based Clients only and is not charged on overseas orders.

11. Working Hours

Pixelcraft operates during standard business hours: Monday to Friday, 9am – 5pm (NZT)

We are closed on public holidays and during a 2–4 week break over Christmas and New Year.

Any work or access to team members outside these hours is not included in the project scope.

12. Point of Contact

The Client must appoint a single primary contact to manage communication, feedback, and approvals. This person will:

• Be responsible for approvals, revisions, and proofing

• Have full authority to make decisions on the Client’s behalf

• Be included in all key correspondences

If multiple stakeholders exist, it's the primary contact’s role to gather and consolidate all feedback before submitting it to Pixelcraft.

If the primary contact changes mid-project, Pixelcraft reserves the right to re-estimate the project. All decision-makers must attend the kickoff meeting.

13. Pixelcraft’s Communication with Client’s Third Parties

Pixelcraft communicates only with the Client’s primary contact. We do not deal directly with third parties (e.g. partners, vendors, suppliers).

It’s the Client’s responsibility to relay all communication between third parties and Pixelcraft. If direct third-party involvement becomes essential, this may incur additional fees and require an addendum.

14. Assignment and Delegation

The Client may not assign or transfer rights under this agreement without Pixelcraft’s written consent.

Pixelcraft may assign or delegate its rights or duties to another party at any time.

If the Client undergoes a change in ownership that affects project delivery, Pixelcraft may terminate the agreement with 7 days' notice.

15. Project Management

Projects must be run according to Pixelcraft’s established processes—this includes how we gather content, handle revisions, and manage communication.

If the Client does not adhere to these systems, additional charges may apply for the extra time required.

16. Project Communications

Primary communication channels are:

• Email

• MarkUp (for design feedback)

• Video or phone calls

A significant increase in the volume of emails, meetings, or calls may result in a scope adjustment and cost revision.

Clients are expected to consolidate questions and feedback into single, efficient communications—not send piecemeal emails.

17. Meetings

Unless otherwise stated, all meetings are held via video call.

• Kickoff meetings are included in the project scope.

• Additional meetings or presentations may incur extra charges.

• Travel time is not included unless pre-arranged.

Our preference is to host meetings from Pixelcraft’s office, which is set up for optimal presentations. Off-site meetings may attract a fee.

18. Verbal Instructions

Clients are encouraged to provide all instructions in writing. Verbal instructions will be followed to the best of our ability, but Pixelcraft cannot be held responsible for outcomes based on verbal communication alone.

All text changes must be submitted in writing. Requests made over the phone are not guaranteed to be implemented.

19. Scope of Work

The Statement of Work (SOW) defines the scope of each project. No conditions or expectations mentioned in informal communications (e.g. email, meetings) will apply unless reflected in the SOW.

Estimates are based on:

• Pixelcraft’s understanding of the project

• Industry experience

• Typical timelines and processes

• Client providing content, feedback, and approvals on time

If the Client has withheld project details or requirements, these will not be included in the scope. It’s the Client’s responsibility to ensure the SOW includes all requirements.

20. Addendums

An addendum may be issued when:

• The Client requests extra work outside of scope

• The timeline is delayed (by the Client or due to external factors)

• Additional third-party costs are needed

• Expedited delivery is required

• Functionality or design elements are added

• Revisions exceed the allocated number of rounds

• More project management time is required

Pixelcraft must approve any significant changes in scope or direction before proceeding.

21. Project Timelines

Pixelcraft will always aim to deliver work within estimated timeframes, but these are indicative only and not guaranteed.

• Delays caused by the Client (e.g. late feedback or content) extend the timeline.

• Pixelcraft will not be held liable for delays caused by circumstances beyond its control.

• The official timeline begins only after initial payment is received or on a mutually agreed start date.

• If delays occur, Pixelcraft will notify the Client and request a reasonable extension.

Late delivery of a project does not entitle the Client to withhold payment or cancel the project.

22. Revisions

Revisions refer to minor tweaks such as font, colour, spacing, or layout adjustments. The Client is entitled to the number of revision rounds specified in the Statement of Work. If not stated, the default is one round.

• Feedback must be delivered within 1–3 business days of each stage.

• Feedback must be provided via the specified software tool (e.g. MarkUp).

• Revisions should be clear, consolidated, and actionable.

Major changes (e.g. new concepts, layout overhauls, additional pages, or structural changes) fall outside of scope and may incur extra charges and timeline adjustments.

23. Excessive Comments/Change Requests

To protect budgets and workflows, there is a maximum cap on feedback per revision round:

• For standard projects (≤20 pages): 30 comments per round

• For large-scale projects (e.g. slide decks, websites >20 pages): 60 comments per round

If this cap is exceeded, Pixelcraft may:

• Charge additional fees

• Extend the timeline

• Issue an addendum

These limits help keep projects on track and within budget.

24. Design Variants

A design variant is a minor adaptation of the original concept (e.g. alternate colour, mood, or slight layout tweak) that retains the core look and feel.

If the Client requests changes that go beyond minor modifications—such as significant layout shifts, a new concept, or extensive styling changes—these will be treated as additional work, and may incur extra costs and require an addendum.

25. Phase Approvals

Projects are delivered in phases, and each phase must be approved before the next begins.

If the Client requests to revisit a previously approved phase, Pixelcraft reserves the right to:

• Adjust the timeline

• Charge additional fees

• Issue an addendum

This ensures clarity and efficiency throughout the build process.

26. Illustration Design Approvals

For illustration projects (e.g. icons, hero graphics, mascots), Pixelcraft may first present a rough concept or sketch.

Once approved, the work progresses to final rendering. At this stage:

• Only minor adjustments (e.g. colour tweaks or small detail edits) can be made

• Requests for major revisions (e.g. repositioning elements or redoing composition) will be out of scope and may require extra fees and an addendum

27. Social Media Plans

The Client agrees to:

• Provide all required content (copy, images, ideas, themes, hashtags) on time

• Attend monthly meetings to review strategy and performance

A minimum 6-month commitment applies. Early cancellation by the Client requires payment of the full remaining balance for that 6-month term.

After 6 months, the Client must give 3 months' written notice to cancel.
If the Client is non-compliant (e.g. repeatedly fails to provide content), Pixelcraft may cancel the agreement, and the remaining balance becomes due.

28. Client Performance and Responsiveness

Pixelcraft relies on the Client to:

• Submit feedback, content, and approvals within 1–3 business days of request

• Meet agreed deadlines and content delivery dates

• Communicate delays clearly and promptly

Delays on the Client’s end may:

• Push out project timelines

• Require an addendum

• Incur additional fees

Pixelcraft may place the project on hold if delays are excessive.

29. Impact of Missed Content Delivery

If the Client misses key content delivery deadlines:

• Pixelcraft reserves the right to charge a surcharge of up to 25% of the fee for the affected phase

• The project may be terminated, and any unused budget forfeited

• A Kill Fee may apply

If the Client is given an extension and misses the revised deadline by 3 or more business days, the project may be cancelled, and all outstanding fees will become immediately due.

30. Non-Communication

If Pixelcraft cannot reach the Client by email or phone for 5 business days, the project will be placed on hold.

• The Client is responsible for checking their email (including spam/junk folders) regularly.

• Travel, workload, or personal circumstances do not exempt the Client from maintaining communication.

All project timelines and deadlines become null and void until communication resumes.

31. On Hold Projects

While Pixelcraft understands projects may need to pause, extended holds disrupt scheduling.

• Projects on hold for 15+ business days may be subject to review.

• Pixelcraft reserves the right to cancel the project at its sole discretion.

32. Inactive Projects & Reactivation Fees

A project is considered inactive if delayed by the Client for:

• 1–15 business days: Reactivation Fee of $1,500 + GST

• 16–25 business days: Reactivation Fee of $3,500 + GST

Pixelcraft will pause all work until the fee is paid. A revised timeline and budget may also be required via an addendum.

33. Abandoned Projects

If a project is inactive for 26+ business days, it will be considered an Abandoned Project.

• Pixelcraft will issue an Abandonment Notice.

• At that point, the Client forfeits any right to a refund, and Pixelcraft is no longer obligated to continue work.

• Pixelcraft reserves the right to invoice for all work completed, plus any outstanding reactivation fees or Kill Fees.

34. Kill Fee

If a project is cancelled or deemed abandoned, the Client must pay:

• All work completed to date

• Any relevant expenses

• A Kill Fee of 15% of the total estimated project value

The Client only retains rights to final deliverables completed and paid for.

This fee reflects:

• Time and resources committed by Pixelcraft

• Upfront planning, scoping, and scheduling

• Losses from turning down other work to service the project

• Admin and follow-up time incurred

35. Cancellation

Either party may cancel the project by giving 7 days’ written notice.

In the case of Client cancellation:

• All completed work and incurred expenses become immediately payable

• Copyright ownership transfers to the Client only for work that has been fully paid for

• In bundled projects, cancelling one part voids the bundle discount—each completed service will be charged at full price

Any refund is at Pixelcraft’s sole discretion.

36. Project Delivery

Once final payment is received, all agreed deliverables will be supplied to the Client.

At this point, the deliverables are accepted “as is.” Any further changes will require:

• A new addendum, and

• Additional fees to cover extra design or development time.

37. File Formats and Content Gathering

To streamline production:

• Clients must follow Pixelcraft’s instructions for file formats.

• All content must be uploaded to the designated Dropbox folder.

• Unorganised content or delivery via other platforms may incur additional charges.

If Pixelcraft needs to digitise, recreate, or reformat files, this will:

• Require extra time

• Trigger a timeline extension and/or

• Incur additional costs via an addendum

Accepted formats include:

• Text: .docx, .gdoc, .pages, .pptx, .key, .pdf, .txt

• Images: .jpg, .png, .tiff (300dpi for print, 72dpi for digital)

• Graphics/Logos: .ai, .eps, .svg, .pdf (vector files)

Embedded or low-res images may need to be recreated or replaced at extra cost.

38. Post-Design Content Modifications

Changes to supplied content after it’s been implemented (e.g. changing copy or replacing images) are considered additional work.

• For website projects, Clients can make final text tweaks via the CMS before launch.

• If Pixelcraft is asked to make the changes, extra fees may apply.

All such modifications must be within scope or covered by an addendum.

39. File Storage

Files delivered to the Client are available for 30 days via secure links. Pixelcraft recommends downloading and storing them in your own cloud storage.

• If you request a resend after 30 days: $45 + GST

• If you request a resend after 2 years: $90 + GST

40. Source Files

Project fees do not include the release of original source files (e.g. .ai, .psd, .indd, raw code). If you require these:

• A buy-out fee or additional licensing fee will apply.

Ownership remains with Pixelcraft unless otherwise agreed in writing.

41. Unused Creative Concepts

Only the final approved concept is licensed for your use.

• All unused concepts remain the property of Pixelcraft

• Pixelcraft may repurpose or display unused work in its portfolio or for future client projects

• Use of any unapproved concept by the Client is strictly prohibited

Unpaid work may also be modified and resold by Pixelcraft.

42. Creative Fee

If Pixelcraft presents a creative concept or idea and the Client later uses it through another supplier, Pixelcraft reserves the right to:

• Invoice a reasonable creative fee for the use of that idea,

• Regardless of whether Pixelcraft executed the project.

43. Portfolio Rights

Pixelcraft retains the perpetual, non-exclusive, worldwide right to showcase the completed project in:

• Its portfolio (online or print)

• Social media

• Awards and exhibitions

• Third-party publications

This includes any designs or variations developed during the project, even if unused. Pixelcraft also reserves the right to:

• Be credited for the work in any public-facing format.

44. Errors and Omissions

Pixelcraft will do its best to ensure final deliverables are error-free. However:

• The Client is solely responsible for thoroughly checking all content (design, print, digital) before launch or print.

• Pixelcraft is not liable for errors in content that was approved by the Client, including:

  • Spelling, grammar

  • Pricing and product info

  • Incorrect image or logo usage

  • Broken links

  • File resolution or alignment issues

There will be no free reprints or redevelopment once approved.

45. Print Production

While Pixelcraft offers print management services, Clients are not obligated to use them. However, if the Client uses their own printer:

• Pixelcraft takes no responsibility for quality, delays, or miscommunication with the printer.

All print jobs must be paid in full before being dispatched. Where multiple items are being printed, small variances in quantities (up to 10%) are considered acceptable.

If Clients supply their own artwork:

• It must be print-ready and correctly specified.

• Pixelcraft accepts no liability for print errors based on Client-supplied files.

46. Colour Variation

Due to the differences between screen and print (RGB vs CMYK), and variations across printers:

• Pixelcraft cannot guarantee exact colour matching.

• Slight colour shifts are inherent to the process and considered acceptable.

Colour variation may also occur across different batches of printing or when viewing on various screens or devices.

47. Font Variation

Font rendering may differ between browsers, platforms, and operating systems.

• Pixelcraft is not responsible for any inconsistencies caused by browser limitations or device settings.

48. Packaging and Print Production Regulations

Pixelcraft is not responsible for ensuring compliance with packaging or print regulations (e.g. MPI, FDA, or equivalent).

• The Client must notify Pixelcraft in writing of any relevant industry or legal requirements before the project begins.

• Regulatory oversight is the Client’s responsibility, including all labelling, safety, or compliance concerns.

49. Import Fees and Responsibilities

Pixelcraft is not liable for any costs related to the importation of goods, including:

• Customs duties or brokerage fees

• GST, VAT, excise tax, or tariffs

• Any other international shipping or processing charges

All such costs are the Client’s responsibility.

50. Mutual Indemnification

Both parties agree to indemnify and hold harmless the other party and its contractors from any legal claims, losses, or liabilities arising from:

• Copyright infringement

• Misuse of deliverables

• Client-provided content

• Service failures caused by third parties

• Legal or compliance issues beyond Pixelcraft's scope

This includes reasonable legal costs.

51. Confidential Information

Each party agrees to keep the other’s confidential information secure, including:

• Pricing

• IP

• Strategy

• Technical processes

Confidentiality extends to all agents, employees, and contractors. Exceptions apply only if:

• Disclosure is required by law

• Information was already publicly available or independently developed

52. Mutual Non-Disclosure

Both parties must:

• Keep shared information confidential

• Limit disclosure to team members with a clear need to know

• Not use confidential information for personal or competitive gain

If a breach or suspected breach occurs, both parties must notify the other immediately.

53. Non-Solicitation

For two years after the project ends (or after the last day of Vendor service), the Client agrees not to:

• Hire or poach Pixelcraft employees or contractors

• Interfere with Pixelcraft’s business relationships

If breached, the Client will pay the greater of two years’ salary or $250,000 NZD in compensation.

54. Non-Disparagement

Both Pixelcraft and the Client agree not to:

• Post or share negative public comments (e.g. reviews, social media posts, public forums) about the other party

• Harm each other’s reputation, business interests, or goodwill

If the Client posts a negative comment:

• Pixelcraft may request removal within 7 days

• If not removed, Pixelcraft may pursue legal remedies and damages, including for loss of revenue or reputation

55. Warranty of Originality

Pixelcraft warrants that:

• All work created is original or properly licensed

• Third-party content used has appropriate permissions or licenses

• Work is free from libellous or unlawful content

This warranty does not apply to Client-modified content or usage outside of agreed terms.

56. Ownership of IP

Ownership of intellectual property (IP) is transferred to the Client only after full payment is received.

• All deliverables are considered work-for-hire

• Until paid in full, work remains the property of Pixelcraft

The Client may use deliverables for their intended purpose, but cannot resell or modify Pixelcraft’s IP, systems, or processes.

57. Third-Party IP

If the project uses:

• Plugins,

• CRMs,

• Fonts,

• Or other third-party resources

…those items remain the property of their original creators, and:

• The Client is responsible for any ongoing license or renewal fees

• Pixelcraft does not guarantee compatibility or long-term support

58. Intellectual Property in Client Content

The Client warrants that all content they provide (text, images, logos, data, etc.):

• Is either owned by the Client or

• Properly licensed for use

The Client grants Pixelcraft a limited license to use this content for the purpose of the project.

If IP issues arise, the Client agrees to:

• Allow Pixelcraft to remove the affected content

• Indemnify Pixelcraft from any related claims or damages

59. Trademarks and Copyrights

The Client is solely responsible for:

• Trademark searches

• Copyright registration

• Ensuring their business name, logo, or content does not infringe on any third party

Pixelcraft is not liable for trademark conflicts or legal claims.

60. Content Integrity and Compliance

The Client warrants that all supplied content:

• Will not compromise Pixelcraft’s systems (e.g. via viruses)

• Is not defamatory, illegal, harmful, or offensive

Pixelcraft reserves the right to reject or remove content that breaches this clause.

61. Exclusivity

Pixelcraft does not guarantee exclusivity for any design, idea, or strategy it provides.

• The Client understands that Pixelcraft may work with competitors or others in the same industry

• Exclusive rights may be negotiated separately, with associated fees and timeframes

62. Third-Party Services Disclaimer

Pixelcraft is not responsible for any third-party vendors or platforms, including:

• Printers

• Couriers

• Animators or photographers

• Payment gateways

• CRMs or plugins

Pixelcraft will use best efforts to vet suppliers but offers no guarantee over their service or reliability.

63. Rights of Refusal

Pixelcraft may refuse to work on any project or material it considers:

• Immoral

• Offensive

• Obscene

• Illegal

• Harmful to its reputation

If such content is discovered after work begins, Pixelcraft may:

• Withdraw services, and

• Require the Client to allow removal of the material, without penalty or liability

64. Regulatory Compliance Disclaimer

Pixelcraft is not responsible for ensuring regulatory compliance (e.g. financial, healthcare, accessibility, food labelling, etc.).

• The Client is responsible for identifying and meeting all relevant legal and regulatory obligations

• Pixelcraft recommends Clients seek legal advice as required

65. Limitation of Liability – General

Pixelcraft is not liable for:

• Lost profits or revenue

• Business interruption

• Website downtime

• Breach of security or data

• Inaccurate or omitted content

• Delays caused by third parties

• Any consequential or indirect losses

Total liability is capped at the amount paid to Pixelcraft in the past three months for the specific service in question.

66. Limitation of Liability – Absence of Clear Instructions

Pixelcraft is not responsible for errors or issues arising from:

• Unclear, ambiguous, or verbal instructions

• Any tasks where the Client failed to provide written or detailed direction

67. Limitation of Liability – Project Outcomes

Pixelcraft does not guarantee specific business results (e.g. sales increases or leads) from any deliverables.

• The Client acknowledges that many factors influence performance, and Pixelcraft is not liable for unmet expectations tied to project outcomes.

68. Limitation of Liability – Account Access

Pixelcraft is not responsible for:

• Unauthorised access to any account (e.g. hosting, CMS, social media)

• Security breaches caused by weak passwords, client misuse, or failure to update credentials after project handover

Strong password practices are the Client’s responsibility.

69. Limitation of Liability – Website Security

Pixelcraft aims to build secure websites but:

• Cannot guarantee they are immune to hacking or malicious attacks

• If issues arise, resolution may incur additional charges

• Pixelcraft accepts no liability for website breaches post-handover

70. Limitation of Liability – Client-Altered Website

Pixelcraft takes no responsibility for:

• Errors or bugs introduced by the Client or a third party after handover

• Broken features, design issues, or illegal content added without Pixelcraft’s involvement

Fixes requested may incur additional costs.

71. Limitation of Liability – Third-Party Technology

Pixelcraft uses third-party plugins, platforms, and integrations where appropriate. However:

• Pixelcraft is not liable for malfunctions, compatibility issues, software updates, or discontinued features

• Ongoing updates and monitoring are the Client’s responsibility unless part of a maintenance plan

72. Limitation of Liability – Website Hosting

While Pixelcraft’s hosting offers a 99% uptime guarantee, it:

• Does not guarantee uninterrupted service

• Is not liable for downtime, technical faults, or loss of service

• Does not routinely check hosted websites; it is the Client’s responsibility to monitor performance and functionality

73. Force Majeure

Pixelcraft is not liable for any failure or delay caused by events beyond its control, including but not limited to:

• Natural disasters

• Power outages

• Software or hardware failures

• Strikes or pandemics

• Internet or server disruptions

In such cases, Pixelcraft may extend project timelines reasonably.

74. Dispute Resolution

If disputes arise:

• Both parties must first attempt to resolve them amicably and in good faith

• If unresolved within 20 business days, the dispute must be referred to arbitration under New Zealand law

• Arbitration outcomes are confidential, final, and binding

• During a dispute, work will continue as scheduled, unless otherwise agreed

75. Limitation on Actions and Proceedings

No claims can be brought against Pixelcraft more than:

• 3 months from the date the Client became aware (or should have become aware) of the issue, and

• 3 months after all outstanding fees have been paid in full

This applies to all disputes, including tort, contract, or equity.

76. Project Access Requirements

The Client must provide Pixelcraft with timely access to:

• Hosting environments

• Domain registrars

• Social platforms

• Any relevant third-party platforms or tools

Failure to provide access may delay the project and lead to additional costs or project extensions.

77. Domain Registration

If Pixelcraft registers a domain on the Client’s behalf:

• It is considered under Pixelcraft’s guardianship, with control decisions deferred to the Client

• Annual renewals apply, and fees must be paid promptly

• To cancel a domain service, 3 months’ notice must be provided via email

• UDAI codes will only be issued after notice is received, and a $200+gst transfer fee applies

78. Google Workspace Email Setup

If Pixelcraft sets up the Client’s custom email via Google Workspace:

• A one-off setup fee applies

• The Client is responsible for ongoing payments directly to Google

• Pixelcraft does not provide troubleshooting or tech support for the service

• Issues must be addressed with Google’s support team

79. Website Functionality

The Client must clearly outline any website features they require:

• All functionality must be listed in the Statement of Work

• Requests for additional functionality after commencement may incur extra costs and timeline changes

• Pixelcraft is not obliged to implement features not documented in the original agreement

80. Web Page Word Count

To manage design time and page clarity, the following word count limits apply:

• 750 words per web page

• 1,200 words per blog post

Content beyond these limits may incur:

• Additional charges

• Timeline extensions

• A formal addendum

T&Cs and privacy pages are exempt from this word count cap.

81. Web Page Media and Resources Count

To ensure fast performance and ease of navigation:

• A standard web page may include up to 20 items, including images, media, and files

• A gallery or portfolio page may include up to 50 images

Exceeding these limits may result in:

• Additional design and development costs

• Timeline extensions

• A required addendum

82. Client Website Responsibilities

The Client is responsible for:

• Supplying all content (text, images, files) in the correct format and on time

• Ensuring content is accurate, proofed, and legal

• Notifying Pixelcraft if they are not ready to proceed, to avoid hold-ups

Failure to meet deadlines may result in:

• A 25% surcharge

• Project termination

• Kill fees and other associated charges

83. Compatibility for Client-Requested Components

If the Client requests specific software, plugins, or themes:

• Pixelcraft is not liable for compatibility issues

• Time and cost to resolve such issues may be charged at Pixelcraft’s discretion

84. Website Design Credit

Unless otherwise agreed:

• Pixelcraft will place a small design credit link in the footer of the Client’s website

• If the Client requests removal, a 15% fee of the total website cost will apply

This credit promotes Pixelcraft’s work and is industry standard.

85. Analytics

Pixelcraft may install Google Analytics to monitor performance. By default:

• Pixelcraft will retain access to analytics unless otherwise revoked

• The Client may remove access at any time

Analytics help measure engagement and refine performance.

86. Website Design Approval and Progression

Pixelcraft may present:

• A template, static layout, or sample web page

• Upon approval, full development will begin

Post-approval changes to structure, colours, or navigation may:

• Incur additional costs

• Require a new addendum

87. Website Logins and Final Payment

Administrative access (e.g. CMS login) is only provided:

• After final payment is received

• This ensures protection of Pixelcraft’s work and intellectual property

88. Website Launch Days

Pixelcraft does not launch websites on:

• Fridays

• Days before public holidays

• During the Christmas/New Year closedown

This policy ensures appropriate support is available post-launch.

89. Website Revisions After Go-Live

Any changes or edits requested after launch:

• Will be billed separately

• May require a new addendum or scope adjustment

This includes visual tweaks, content changes, or functional updates.

90. Content Management System (CMS) Use

The CMS provided allows the Client to make basic updates (e.g. text and image changes). However:

• It is not intended to give access to every part of the site

• Some areas are complex—updating them may cause issues

• Pixelcraft is not responsible for damage caused by incorrect CMS use

91. Squarespace Security and Updates

If using Squarespace:

• Pixelcraft cannot guarantee protection against hacking or security breaches

• The Client is responsible for keeping plugins and themes up to date

• Unless covered by a maintenance plan, updates and malware scans are the Client’s responsibility

92. Website Maintenance

Post-launch maintenance is not included in standard website projects. After handover:

• Pixelcraft is not responsible for issues unless the Client is on a paid maintenance plan

• Clients are discouraged from making updates unless confident in their ability

• Support requests may incur fees

93. Website Ownership and Redistribution

Once paid in full:

• The Client is granted a single-use, single-site license

• They may not resell or redistribute the website design or code

• Reuse across multiple sites requires separate licensing or approval

94. Client Website Modifications

If the Client or a third party alters the website:

• Pixelcraft is not liable for any resulting issues

• Fixing these issues may incur additional fees

• Pixelcraft may quote for any repairs or troubleshooting required

95. Illegitimate Use of Website

Pixelcraft reserves the right to suspend or remove any website if it is used for:

• Illegal or unethical purposes

• Activities that breach this agreement

• Distribution of offensive or malicious content

The Client agrees not to upload or transmit viruses, hate speech, copyrighted material (without permission), or any illegal content.

96. Website Replication Rights

Pixelcraft reserves the right to:

• Reuse techniques, layouts, and code structures developed for one Client in future projects

• Accept other projects (including from competitors) with similar or identical functionality

No exclusivity is implied unless agreed in writing.

97. Website Staging Server

During development, Pixelcraft may:

• Host an in-progress version of the Client’s site on a private staging server

• Use this version to gather feedback and approvals before launch

The staging site is temporary and not publicly accessible.

98. Website Migration or Removal

If the Client wishes to move their site:

• Pixelcraft can supply files and logins upon request

• A $350 + GST fee applies for file preparation, server removal, and admin

• The Client or their new provider is responsible for setup and restoration

99. Quality Assurance Testing

Before launch, Pixelcraft tests the website on:

• Popular modern browsers (e.g. Chrome, Safari, Edge)

• Common devices (phones, tablets, desktops)

Limitations:

• Firefox and Internet Explorer are not supported

• Pixelcraft does not guarantee consistent appearance across all possible devices or browser versions

100. 30-Day Bug Fix

For 30 days post-launch, Pixelcraft will:

• Fix any bugs or design/functionality issues related to the original build

• This excludes post-launch changes made by the Client or third parties

After 30 days, standard rates apply for fixes.

101. Third-Party Hosting

If the Client chooses not to host with Pixelcraft:

• Pixelcraft is not liable for compatibility issues or server setup

• Deployment assistance is not included

• The final deliverable will be a zipped folder of site files for Client-side deployment

102. Hosting with Pixelcraft

If the Client chooses to host with Pixelcraft:

• Hosting includes secure file storage, regular backups, and site maintenance infrastructure

• Hosting fees are billed monthly, quarterly, or annually

• Hosting begins the day website build begins, not post-launch

• Pixelcraft may adjust hosting fees annually with notice

103. Non-Payment of Hosting

If hosting invoices go unpaid:

• Services may be interrupted after 30 days

• A $250 + GST fee applies to reactivate suspended hosting

• If hosting is removed from servers, a $400 + GST fee applies to restore files

• For full file access after suspension, a $750 + GST fee applies

Pixelcraft is not obligated to supply files if hosting is suspended due to non-payment.

104. Server Maintenance and Upgrades

Pixelcraft may:

• Upgrade or move Client websites to new servers for security or performance

• Undertake planned maintenance with minimal downtime

• Notify Clients of expected disruptions when possible

105. Website Backup and Restoration

Pixelcraft provides:

• Two free backups per month

• Additional restorations may incur extra charges

• While backups are routine, complete restoration is not guaranteed

Clients are encouraged to maintain their own external backups for redundancy.

106. Fair Use Policy

Hosting is subject to:

• 3GB disk space and 4GB monthly bandwidth

• Limits prevent hosting of unrelated or excessively large files

• Media must be optimised per best practice

Pixelcraft may take corrective action (upgrades, suspensions, extra charges) if fair use is exceeded.

107. Hosting Cancellation by Client or Vendor

Client Cancellation:

• Hosting is auto-renewed and non-refundable

• A 3-month written notice is required via email

• Requesting a UDAI code does not cancel hosting

Vendor Cancellation:

• Pixelcraft may cancel hosting with 14 days’ notice

• All pre-paid hosting time will be honoured

108. Search Engine Submission

Pixelcraft will:

• Submit the website to major search engines if requested

• Use standard submission practices to support indexing

However, Pixelcraft does not guarantee:

• Search engine acceptance

• Ranking position or appearance timelines

Search engines operate independently and change frequently.

109. Website Optimisation for Search Engines

As part of the initial website setup, Pixelcraft will:

• Optimise for Google-friendliness

• Use industry best practices like clean code, meta tags, responsive design, and fast load times

However:

• Long-term SEO requires ongoing strategy

• High rankings cannot be guaranteed without a dedicated SEO plan

110. Search Engine Optimisation (SEO) Plans

If the Client purchases an SEO plan:

• Pixelcraft will use current best practices and make strategic recommendations

• Pixelcraft cannot guarantee results, due to constantly changing algorithms

Clients acknowledge that:

• Results vary by industry, competition, and content

• Google’s algorithm updates may negatively impact rankings unexpectedly

111. Google Ads Campaigns

When managing Google Ads:

• Pixelcraft provides setup and optimisation, but does not guarantee success

• A 3-month written cancellation notice is required

• Paused campaigns still incur a management fee

Account transfers after cancellation may incur a transfer fee.

112. Third-Party Software Disclaimer

Pixelcraft uses:

• Licensed third-party software, CRMs, plugins, and open-source tools

• Pixelcraft provides no warranty for functionality or longevity of third-party tools

All associated fees, subscriptions, and licences are the Client’s responsibility.

113. Acts of Intolerance

Pixelcraft fosters an inclusive and respectful environment. The Client agrees:

• Any abuse, harassment, threats, or discrimination towards staff will result in immediate termination

• No refund will be given

• Access to services and future communication will be revoked

114. Independent Contractors

Both parties agree:

• Pixelcraft and the Client are independent contractors

• Nothing in this Agreement creates a partnership, joint venture, or employment relationship

• Pixelcraft is not responsible for the Client’s tax, employment, or insurance obligations, and vice versa

115. Subcontractors and Freelancers

Pixelcraft may:

• Engage subcontractors, freelancers, or other vendors to assist in project delivery

• Retain full responsibility for any outsourced work

Work completed by third parties remains under Pixelcraft’s oversight and is treated as if executed in-house.

116. Electronic Communications

By working with Pixelcraft, the Client agrees to receive:

• Electronic messages (e.g. email) related to services, updates, and offers

• These may include commercial content

• The Client can unsubscribe at any time

117. Client’s Property

All Client property (e.g. physical or digital assets) held by Pixelcraft is:

• Stored and handled at the Client’s risk

• If left unclaimed or unused for 21+ business days, Pixelcraft may dispose of it

• Proceeds may be used to offset holding and handling costs

118. Contact Details

The Client agrees to:

• Provide up-to-date contact information

• Check and respond to emails in a timely manner (including spam folders)

• Pixelcraft is not responsible for failed communication due to incorrect contact details

119. Privacy Policy

Pixelcraft respects your privacy:

• Client data is used only for the purposes of delivering contracted services

• Personal information will not be shared without consent

• Email addresses may be used for updates and promotions (opt-out available)

120. Governing Law

This agreement is governed by the laws of New Zealand.
Both parties submit to the non-exclusive jurisdiction of New Zealand courts.

121. Consumer Guarantees Act

If the Client is acquiring services for business purposes:

• The protections under the Consumers Guarantee Act 1993 do not apply

122. Language

All communication, including written and verbal correspondence between the Client and Pixelcraft, must be conducted in English.

123. Remedies

In case of a breach or threatened breach:

• Pixelcraft is entitled to seek injunctive relief

• The prevailing party may recover legal fees

• Pixelcraft may pursue all remedies available under law or equity

124. Vendor Ceases Operations

If Pixelcraft ceases to operate or becomes insolvent:

• All related work products shall be delivered to the Client immediately

• The Statement of Work will be considered cancelled without further obligation

125. Provision Replacement and Enforcement

If any part of this agreement is found to be invalid:

• The remaining provisions continue in full force

• Any invalid clause will be replaced with a legally valid alternative that reflects the original intent

• Failure to enforce a provision does not waive the right to enforce it later