Project Terms

Payment Terms

Website Hosting & Support Terms

Liabilities & Other

Terms & Conditions

Please note the following terms and conditions are current as of 18/01/2024.

Project Terms

Scope & Timings

Pixel Fish provides quotations based upon your website’s scope and functionality requirements. Quotations are valid for 60 days and depend on the project commencing within 60 days of approval. Pixel Fish reserves the right to re-quote if these conditions are not met or if there are any changes to scope or functionality.

Website Process

Pixel Fish adheres to a streamlined website build process based upon a detailed client brief. Websites are designed and built simultaneously on a staging environment before being presented for review/approval. Unless specifically outlined in your quotation, Pixel Fish does not produce wireframes, mockups or multiple design variations.

Website Revisions

Your website quotation includes a set number of website revisions and a final round of text amendments to ensure the website launches promptly. Pixel Fish reserves the right to re-quote if there are any changes to this process beyond our control (such as additional rounds of revisions or additional meetings).

Website Software

Pixel Fish websites are custom-built on WordPress using a combination of Themes and Page Builders (such as DIVI, Elementor, Astra, and Shoptimizer) and may require a variety of Plugins and/or 3rd party platforms (such as Woocommerce, Gravity Forms, PayPal, Mailchimp ect) when needed to extend the website’s functionality to meet project requirements.

Mobile & Browser Support

Pixel Fish websites are mobile responsive, meaning the page’s design dynamically responds to the dimensions of the device/browser. This does not mean a unique layout is built for every page/device/breakpoint. If clients require different page designs depending on device type, Pixel Fish will provide an additional quotation. Pixel Fish websites are built with cross-browser support and optimised for the capabilities of modern mobile devices and major website browsers, including Apple (Safari / IOS), Google (Chrome / Android), Microsoft (Edge), and Firefox.

Client Responsibilities

Website Content

Pixel Fish requires final client-approved website content before the project design phase commences.

Website content is the client’s responsibility and needs to be supplied as individual Word documents containing any relevant images, photos, logos, branding files, and SEO (metadata) and shared via DropBox, Sharepoint or Google Drive.

Handwritten or scanned website copy will not be accepted. Videos are required to be uploaded to the client’s Youtube or Vimeo accounts.

Unless specifically stated in the website quotation, Pixel Fish websites do not include any Copywriting, SEO Research & Optimisation or Video production.

Payment Terms - Projects

Invoicing and Payment

  • 50% Initial Invoice – Provided once project is approved. Payment is required to activate the project.
  • 25% Progress Invoice – Provided once the website is presented for review. Payment is required 7 days after.
  • 25% Final Invoice – Provided upon final website approval. Payment required prior to launch.

Project Alterations

Any website alterations that are made during the course of the project (such as additional rounds of changes, pages, stock images or functionality etc) may incur additional costs. Pixel Fish will notify clients of the impact of alterations and extra costs for full transparency. These costs must be approved prior to further work.

Project Delays

In cases where there are significant client-side delays, a final invoice will be issued 60 days after the website is presented for review or 60 days after the initial 50% invoice or whichever comes first.

In extreme cases, Pixel Fish reserves the right to start charging for monthly hosting of the website if the project is significantly delayed.

Project Cancellation

Pixel Fish will provide a refund less an administration fee of 10% if cancelled within 30 days of payment & prior to a website planning meeting. No refund will be provided if the cancellation occurs after the website planning meeting.

Payment Terms - Website Hosting, Support & Maintenance

Payment options

Pixel Fish clients can choose to pay for their website hosting & support either:

  • Annually (Invoiced at the start of the 12 months and can be paid via EFT)
    OR
  • Monthly (Paid via Bank EFT or Automatic Deductions through Ezidebit with Credit Card & Bank Account payments available)

Monthly Payments

Pixel Fish clients choosing the monthly payment option must complete an Ezidebit online form before the website goes live. The automatic monthly Ezidebit debits will be transacted on or about the 1st business day of each month. The first payment will occur during the month following the completion of the Ezidebit form.

Pixel Fish clients are responsible for any changes to their direct debit information and must inform Pixel Fish of any changes to their bank details.

Please note if clients wish to pay via credit card, there will be a 1.85% surcharge for VISA and MasterCard and 3.4% surcharge for AMEX and Diners.

Insufficient Funds

If the automatic Ezidebit defaults, it is automatically reprocessed until paid in full, plus a penalty fee of $6.60 per Ezidebit default and will continue to be reprocessed until paid. Pixel Fish clients paying by automatic Ezidebit agree to pay all bank, reference, debt collection or legal fees associated with any default or legal proceedings to recover outstanding fees.

Cancellation / Failure to Pay

Cancellation of hosting requires 30 days’ notice in writing. Services will be terminated from the time payment ceases. Failure to pay within 30 days will result in the suspension of your website until full payment has been received. Upon failure to pay within 60 days, Pixel Fish reserves the right to terminate services as they are no longer acknowledged or paid for.

Website Hosting and Support Terms

Pixel Fish provides website hosting, support & maintenance plans on a rolling month-to-month basis for clients with no locked-in fixed-term contracts.

Website Hosting

Pixel Fish uses best-in-class WordPress hosting partners Kinsta and SiteGround to deliver clients Google Cloud Platform Hosting services.

Pixel Fish highly recommends this service as it includes Phone & Email Website Support, Software Updates (WordPress/Theme/Plugins), Premium Theme/Plugin Licences, Daily Website Backups (Stored for 30 days), SSL certificates (CloudFlare and Let’s Encrypt), Security & Uptime Monitoring, Server Level Caching and Firewalls.

However, Pixel Fish does not provide support for email hosting services; instead, it recommends business-grade cloud-based email solutions such as Microsoft 365 or Google Workspace.

Website Support

Pixel Fish hosting clients have exclusive access to phone (+612 9114 9813) and email support (support@pixelfish.com.au) between 9am to 5pm Mondays to Fridays (excluding Public Holidays and Christmas/New Year period).

Support includes general website help for WordPress, DIVI & Elementor via verbal, written or video instructions and/or performing minor edits/changes.

Support response time is typically within 1-2 hours, however during peak times, this may increase to 12-24hr response time. Support time is tracked and measured in 15-minute increments and is limited to the hours specified in each website hosting, support & maintenance plan. Support hours restart each calendar year on the 1st of January.

Support Exclusions

Pixel Fish does not provide support for any 3rd party platform outside of the website itself (including Google Search Console, Google Analytics, PayPal, Facebook, Mailchimp, Hubspot, Salesforce, etc) or general IT / technical support (including Email, Phones, Computers and the Internet).

Additional/Adhoc Support

Pixel Fish understands some clients require more support than others and may, from time to time, reach and exceed their included annual support hours.

Pixel Fish will notify each client once the allocated support hours are exceeded. Any additional support will be charged in 15-minute increments at our current client support hourly rate, billed quarterly upon use. We do not provide quotes for small ongoing support tasks under 1hr.

Pixel Fish can create a tailored customer plan for clients who wish to have many more hours per year.

Website Maintenance

Pixel Fish performs WordPress / Plugins / Themes updates every few months strategically based 30 days or more after major WordPress releases. This allows Plugins / Themes developers time to provide updates in line with WordPress releases.

These updates are performed manually and are visually cross-checked for any obvious discrepancies. In certain cases, staging sites are utilised for testing purposes before deploying live. In addition, Pixel Fish runs daily security scans for any known vulnerabilities and applies automatic Theme and Plugin updates for any known vulnerabilities.

Website Security

Pixel Fish deploys a wide range of security measures as best practices to prevent your website from being exploited. In the unforeseen event that your website has been exploited, when notified we will work with you to scan/clean and restore a working version of your website

Cyber security, Hacked Website or Blacklisted emails

If a client experiences a cyber security issue such as a hacked or corrupted website or emails being added to a blacklist, Pixel Fish will assist in the investigation and work to see if we can aid in the resolving of the issue. Resolving incidents like this are not included as general website support. Time spent will be tracked and charged at our hourly client support rate. In many incidents, a client’s IT team may need to assist.

Website Software Licences

Pixel Fish hosting clients receive coverage of Pixel Fish group Theme/Plugin licences free of charge and proudly feature a small Pixel Fish logo at the bottom of the footer as this is our way of showing the world how proud we are to have built the website. If additional Themes/Plugins are required, some may attract additional setup costs and annual licences.

Website Traffic & Additional Storage

Suppose a client’s website monthly traffic or storage demands exceed that of the amount outlined in their specific plan. In that case, Pixel Fish reserves the right to provide a quotation to cover these additional requirements.

Website Access

For security best practices Pixel Fish clients are granted Editor level access to their websites enabling them the ability to easily add, edit and delete pages or content. However, Pixel Fish remains the sole Administrator for the website. Unless requested in writing, Pixel Fish does not grant Administrator or Hosting level access to clients or 3rd parties.

Liability

Website Hosting Liability

Pixel Fish neither owns nor controls Kinsta and/or SiteGround and is not responsible for any website downtime, or related costs or damages associated with the website being down for any period, nor is Pixel Fish responsible for any disruption, loss of data, damage to the website, backups or database, limitations or inconvenience caused by these providers. In the event of any issues relating to website hosting, Pixel Fish will work closely with both the client and Kinsta and/or SiteGround to rectify any issues promptly.

Website Software Liability

Pixel Fish neither owns nor controls WordPress, Themes, Page Builders, Plugins or 3rd party platforms and is not responsible for any disruption, data loss, limitations or inconvenience caused by these providers. If a website’s functionality becomes impaired, Pixel Fish will work closely with the client and attempt to resolve the issue or report any issues to the respective developers/providers. Pixel Fish does not provide unlimited bug fixes, instead time spent resolving incidents is allocated as support time and deducted from the annual support allowance for each client. Pixel Fish does not support out-of-date or abandoned Themes, Plugins, mobile devices or website browsers and is not responsible if websites appear slightly different on mobile devices or website browsers.

Custom Development Liability

In the event that Custom Development is required, Pixel Fish guarantees Custom Development work upon launch; however, it cannot guarantee nor be held responsible for any Custom Development work that breaks or stops working over time as a result of software updates to Browsers, Devices, WordPress, Themes & Plugins. Pixel Fish is not responsible for any disruption, loss of data or inconvenience caused as a result, nor any additional costs involved with fixing the Custom Development work.

Damage or Loss

Pixel Fish is not liable for any damage or loss caused to a website or the content that appears on your website once the website is launched or has been handed over to the client.

Release/Cancellation of Website

30 Day Notification

Pixel Fish requires 30 days notice should a client request to cancel or release their website. Clients must acknowledge the transfer of responsibilities and termination of ongoing web hosting services & support upon release. Pixel Fish will facilitate the transfer of any domain names, remove all plugin licenses and provide the client with website backup (core & database files).

It is the responsibility of the client to set up new website hosting, arrange the transfer of their domain and migrate the website.

Pixel Fish services and ongoing monthly auto-debits will remain active until the client officially notifies us to terminate all services. Pixel Fish is neither responsible for the migration of the website, nor for any data loss during this process.

Website Migration

Should Pixel Fish be required to perform a website migration onto an external website hosting provider, a fee of $660 incl GST will be raised prior to performing the migration. Pixel Fish requires 30 days notice to perform the migration and is not responsible for the setup of the new website hosting environment, the Domain Name Transfer, DNS Record Updates, Zone or Email records. 

Intellectual Property

Upon receipt of final payment, the website’s structure, design and content (images and text) are owned by and are the intellectual property of the client. Any royalty-free images purchased during the project may be used by the client, but the intellectual property of these remains with the photographer and image library from where it was purchased.

Each website’s theme and premium plugin licences are owned by Pixel Fish and are not the intellectual property of the client nor transferable. Clients can always purchase their own licences if they choose to, and will be required to do so if they request to release their website.

Domain Name Ownership

Pixel Fish is able to manage domain names for many of our clients, however legally each and every domain name remains the property of our clients who are the rightful ABN/ACN holders of their business. Should any client wish to be released, Pixel Fish agrees to assist in releasing the domain name(s) free of charge.

Review of Services

Pixel Fish reserves the right to perform reviews of it’s services and prices. Pixel Fish will notify clients of any changes prior to new services and prices being implemented.