EVERYTHING DESIGN & DIGITAL
Terms & Conditions
Please view our terms and conditions policy below.
5 Star Digital Design Agency
Over 500 projects successfully completed
Please view our terms and conditions policy below.
Over 500 projects successfully completed
Fair Terms, Transparent Conditions: Identity Pixel Design Ltd's Terms and Conditions provide a secure and fair framework for our interactions. We comply with all relevant legislation.
These Terms and Conditions apply to your access to and use of the Identity Pixel Design Ltd website at https://identitypixel.com and to any services, proposals, quotations, project work, support, consultancy, hosting, digital marketing, development work, written content, documents, deliverables or other services provided by Identity Pixel Design Ltd unless a separate signed agreement states otherwise.
In these Terms, the website and all related services are referred to as the Services.
These Terms form a legally binding agreement between you, whether personally or on behalf of a business, company, organisation or other legal entity, and Identity Pixel Design Ltd.
By using our website, requesting a quotation, accepting a proposal, paying an invoice, instructing work, approving work, using our services or continuing to work with us, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use our website or instruct us to provide Services.
These Terms and Conditions apply to your access to and use of the Identity Pixel Design Ltd website at https://identitypixel.com and to any services, proposals, quotations, project work, support, consultancy, hosting, digital marketing, development work, written content, documents, deliverables or other services provided by Identity Pixel Design Ltd unless a separate signed agreement states otherwise.
In these Terms, the website and all related services are referred to as the Services.
These Terms form a legally binding agreement between you, whether personally or on behalf of a business, company, organisation or other legal entity, and Identity Pixel Design Ltd.
By using our website, requesting a quotation, accepting a proposal, paying an invoice, instructing work, approving work, using our services or continuing to work with us, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use our website or instruct us to provide Services.
Registered in England and Wales
Registered address: 31a King St, Stanford le Hope, Essex SS17 0HJ, United Kingdom
Email: info@identitypixel.com
Phone: 0330 133 6339
Identity Pixel Design Ltd provides digital, creative, marketing and technology services. These may include website design, website development, ecommerce development, app development, branding, graphic design, content creation, SEO, PPC, paid advertising, consultancy, hosting support, technical support, email related support, platform setup, analytics setup, conversion tracking and wider digital strategy services.
The exact Services we provide to you will be set out in the relevant quotation, proposal, scope of works, invoice, email instruction, service schedule or written agreement.
Where a separate written contract, proposal, quotation, service agreement, statement of work or invoice has been agreed with you, that document will apply in addition to these Terms.
If there is a conflict between these Terms and a specific written agreement signed or expressly accepted by both parties, the specific written agreement will take priority for that project or service.
Our Services are primarily intended for business clients.
If you instruct us on behalf of a company, organisation, partnership, charity, public body or other entity, you confirm that you have authority to bind that entity to these Terms.
If you use our Services as a consumer, nothing in these Terms limits any statutory rights that cannot legally be excluded.
All quotations and proposals are based on the information available to us at the time they are prepared.
A quotation or proposal is not a binding obligation on us unless accepted by you and confirmed by us in writing.
Unless stated otherwise, quotations are valid for 30 days from the date issued.
The project scope will be limited to the deliverables described in the quotation, proposal, invoice, email instruction or agreed written scope.
Any work outside the agreed scope may be charged separately. This may include additional pages, design changes, functionality changes, content changes, integrations, technical work, platform changes, strategy work, meetings, troubleshooting, urgent requests or third party liaison.
You are responsible for providing everything we reasonably need to deliver the Services. This may include:
You are responsible for checking all work, content, layouts, legal pages, functionality, forms, pricing, product details, contact details, claims and published materials before approval and launch.
If you delay providing information, feedback, access or approval, project timescales may be affected. We are not responsible for delay caused by missing information, late feedback, third party delays, platform issues or client decision making.
You must carefully review all work before approving it.
Approval may be given by email, message, payment, written confirmation, verbal instruction followed by continued project progress or any other clear instruction that indicates acceptance.
Once work has been approved, signed off, published or made live, you accept responsibility for that approved material unless the issue was caused directly by our proven negligence.
We are not responsible for errors, omissions, inaccuracies, compliance issues, legal issues, pricing errors, product errors, factual errors or content issues that you approved, supplied, failed to check or failed to correct before publication.
We are happy to make updates after approval where requested. Unless the update is required due to our error within the agreed scope, additional amendments may be chargeable.
As part of our Services, we may help prepare, structure, upload, format, adapt, install or improve website policies and legal style documents. These may include terms and conditions, privacy policies, cookie policies, refund policies, returns policies, delivery policies, disclaimers, accessibility statements, app terms, subscription terms, competition terms, data protection wording and other website or business notices.
Any such work is provided as drafting, formatting, content support, technical implementation or website administration support only. We may provide a draft privacy policy, terms and conditions, cookie policy or other policy document that is intended to be a practical starting point based on information available to us at the time. However, this does not mean that we are responsible for the legal accuracy, completeness, suitability or ongoing compliance of that document.
We are not a law firm. We do not provide legal advice. We do not act as your solicitor, data protection officer, compliance officer, consumer law adviser, trading standards adviser or regulatory adviser.
We do not guarantee that any policy, legal page, privacy policy, cookie policy, consent notice, disclaimer, terms document, refund wording, compliance wording or data protection document is legally complete, legally compliant, suitable for your business, suitable for your sector, suitable for your customers or suitable for any particular jurisdiction.
You are solely responsible for checking, verifying, approving and maintaining all legal documents and compliance wording used by your business.
This includes responsibility for:
You are responsible for making sure these documents accurately reflect your business, trading practices, customer processes, data use, payment processes, delivery arrangements, refund processes, cancellation rights, complaint routes, third party tools, tracking tools and legal obligations.
You must obtain advice from a qualified solicitor, data protection adviser or other appropriate professional where legal, regulatory or data protection certainty is required. If you want certainty that a privacy policy, terms and conditions, cookie policy or other policy document is legally correct for your business, you must obtain that advice independently before approving or using the document.
Where you ask us to upload, publish, edit or amend any policy or legal document, you confirm that you have reviewed it, approved it and accepted responsibility for its use.
We will not be responsible or liable for any claim, complaint, regulatory action, customer dispute, data protection issue, privacy complaint, cookie compliance issue, trading standards issue, consumer rights issue, contract issue, platform issue, loss, fine, penalty, investigation, compensation claim or business loss arising from any legal document, privacy policy, cookie policy, terms and conditions, disclaimer, consent wording or compliance wording that you supplied, approved, failed to check, failed to update or failed to have professionally reviewed.
If you require an update to any policy, legal document or compliance wording, you must send a clear written request to us by email. The request must set out the exact change required or provide the replacement wording to be uploaded. We will confirm whether the update is included within your current support arrangement or whether it is chargeable.
We are not responsible for monitoring changes in law, regulation, platform rules, data protection requirements, cookie requirements, consumer rights rules or sector specific obligations unless we have expressly agreed a separate written compliance monitoring service with you.
You are responsible for making sure your own business complies with applicable data protection, privacy, electronic marketing, cookie, consumer protection and sector specific laws.
Where your business decides what personal data is collected, why it is collected, how it is used, how long it is kept, who it is shared with and what systems are used, you are responsible for those decisions. The privacy policy governs your own data practices, not ours. We can assist with preparing or publishing wording, but we do not control how your business manages, stores, protects, shares or processes personal data.
Unless we have entered into a separate written data processing agreement, our work is limited to the Services described in the relevant quotation, proposal, invoice, support arrangement or written instruction.
Where we provide technical setup for forms, tracking, analytics, pixels, email marketing platforms, CRM systems, website integrations, hosting, plugins, ecommerce tools or third party platforms, our role is limited to technical implementation unless a separate written data protection service has been agreed.
You are responsible for deciding, checking and documenting:
You must not assume that any privacy policy, cookie policy, cookie banner, tracking setup, form wording, CRM setup, mailing list, analytics configuration, advertising pixel or consent mechanism is legally compliant simply because we have drafted, uploaded, formatted, installed or configured it.
You remain responsible for the lawful operation of your website, business, data systems, customer communications, marketing lists, CRM systems, staff processes, third party platforms and data protection practices.
You are responsible for maintaining appropriate security, access controls, passwords, administrator permissions, backups, staff procedures, software updates, plugin updates, hosting renewals, platform subscriptions, licence renewals and internal data protection processes unless we have expressly agreed to manage a specific area in writing.
We are not responsible for any data breach, suspected data breach, cyber incident, privacy complaint, unauthorised access, accidental disclosure, loss of personal data, regulatory complaint, compensation claim, fine, penalty, investigation or related loss except to the extent that it is caused directly by our proven negligence or our proven breach of a separate written agreement with you.
We are not responsible for data protection issues caused by your instructions, your staff, your systems, your selected platforms, your passwords, your account access, your third party suppliers, your failure to update policies, your failure to obtain consent, your failure to maintain records, your failure to respond to data subject requests, your failure to act on legal advice or your failure to notify us in writing of required changes.
If you become aware of a data breach or suspected data breach affecting your business, you are responsible for taking legal and regulatory advice immediately. You must not rely on us to determine whether a breach has occurred, whether it is reportable or what regulatory action is required unless we have expressly agreed to provide that support in writing.
You are responsible for all content, images, logos, videos, files, documents, product details, claims, testimonials, reviews, case studies, pricing, specifications and materials that you provide to us.
By providing materials to us, you confirm that:
We are not responsible for checking ownership, copyright, licences, permissions, consents, legal accuracy or factual accuracy of client supplied materials unless we have expressly agreed to do so in writing.
You agree to indemnify us against losses, claims, costs, damages or expenses arising from materials you supply or approve.
We may use stock images, AI generated images, icons, fonts, plugins, themes, templates, scripts, software, code libraries or other third party assets as part of the Services.
Where third party assets are used, they may be subject to separate licences, terms, restrictions or renewal fees.
We will take reasonable care when sourcing or using third party assets. However, you are responsible for confirming that any asset used in your project is suitable for your intended use, sector, territory and risk profile.
Where you specifically request the use of a particular image, video, font, asset, plugin, theme, AI generated image or third party material, you are responsible for confirming that it may lawfully be used.
Unless expressly agreed in writing, we do not provide copyright clearance, licence audits, trade mark clearance, image rights clearance or legal verification of third party assets.
Unless otherwise agreed in writing, once all project fees have been paid in full, you will own the final bespoke website content, written copy, page layouts, graphics and deliverables created specifically for you as part of the agreed project.
We retain ownership of our pre existing intellectual property, know how, frameworks, methods, processes, templates, reusable code, internal systems, design techniques, development techniques and generic materials.
Third party software, themes, plugins, stock assets, fonts, platforms, hosting systems and integrations remain subject to the rights and licences of their respective owners.
You must not copy, resell, license, distribute or commercially exploit our methods, internal processes, proposal structures, strategy frameworks, working files or reusable materials without our written permission.
We reserve the right to showcase completed work in our portfolio, case studies, social media, award submissions and marketing materials unless you request confidentiality in writing before the project begins.
Website projects will be delivered according to the agreed scope.
Unless stated otherwise, website design and development does not include unlimited revisions, copywriting, professional photography, videography, legal drafting, policy verification, product uploads, advanced integrations, third party system configuration, CRM automation, SEO campaigns, paid advertising campaigns, hosting, email setup or ongoing support.
Browser and device testing will be carried out on a reasonable basis. We do not guarantee identical appearance or performance across every browser, device, screen size, operating system or third party platform.
After launch, websites may require updates due to browser changes, platform updates, plugin changes, hosting updates, theme changes, security updates, search engine changes or third party system changes. Unless covered by a support agreement, this work may be chargeable.
SEO services are intended to improve search visibility, website structure, content quality, technical performance and organic search potential.
We do not guarantee first page rankings, specific keyword positions, traffic levels, enquiries, sales, revenue, lead volume or return on investment.
Search engine performance can be affected by many factors outside our control, including algorithm updates, competitor activity, website history, domain strength, technical limitations, client budget, content approval delays, market demand and changes made by third parties.
You acknowledge that SEO is a medium to long term activity and results may take time.
Where we provide PPC, Google Ads, Bing Ads, Meta Ads, LinkedIn Ads or other paid advertising services, we will use reasonable care and skill to set up, manage and optimise campaigns according to the agreed scope.
We do not guarantee enquiries, conversions, sales, profitability, cost per lead, return on ad spend or advertising platform approval.
Advertising performance may be affected by market conditions, competition, budget, landing page quality, offer strength, tracking accuracy, user behaviour, platform changes, policy restrictions, seasonality and client response times.
You are responsible for advertising spend, third party platform fees and payment methods unless agreed otherwise in writing.
You are responsible for making sure all claims, offers, prices, promotions, finance messages, guarantees, accreditations, testimonials and regulated statements used in advertising are accurate, lawful and approved.
Where we provide or assist with hosting, domain, email or technical services, the service may depend on third party providers.
We are not responsible for outages, data loss, email disruption, DNS issues, provider changes, platform failures, cyber incidents, renewal failures, spam filtering, blacklist issues, third party downtime or account restrictions caused by third party providers, client action or circumstances outside our reasonable control.
You are responsible for keeping domain, hosting, email, platform and software subscriptions active unless we have expressly agreed to manage them.
You are responsible for providing accurate login details, billing details and account access where needed.
Unless expressly agreed in writing, we are not responsible for maintaining backups, monitoring security, managing email deliverability, renewing domains, renewing licences or providing ongoing technical support after launch.
Our Services may involve third party platforms such as Google, Shopify, WordPress, WooCommerce, Wix, Squarespace, Meta, LinkedIn, Microsoft, Stripe, PayPal, Xero, Mailchimp, Zoho, GoDaddy or other providers.
Third party platforms are controlled by their own terms, policies, fees, technical limits and decisions.
We are not responsible for any suspension, restriction, rejection, downtime, policy enforcement, price change, feature change, loss of access, account issue or decision made by a third party platform.
You are responsible for maintaining ownership of your accounts, payment methods, recovery details, administrator access and internal permissions.
We may use AI tools, automation tools or software assisted workflows to support research, drafting, image creation, content development, code support, planning, analysis, strategy or delivery.
AI assisted output may require human review. You are responsible for reviewing and approving any AI assisted content, image, claim, wording, strategy, code, document or output before publication or commercial use.
We do not guarantee that AI assisted output will be free from errors, omissions, similarity issues, factual inaccuracies or legal risk.
Where AI generated or AI assisted materials are used, you are responsible for deciding whether they are suitable for your intended use and risk profile.
Payment terms will be set out in the relevant quotation, proposal, invoice or agreement.
Unless otherwise agreed in writing, invoices are payable on receipt.
We may request deposits, staged payments, monthly retainers, advance payments or payment before release of final deliverables.
We may pause work, withhold files, delay launch, restrict access, suspend services or stop support where invoices are overdue.
Late payments may result in additional charges, interest, recovery costs or suspension of Services to the extent permitted by law.
All fees are exclusive of VAT unless stated otherwise.
Where we provide monthly or ongoing services, the scope will be limited to the agreed retainer or support arrangement.
Unused monthly time, activity or budget does not automatically roll over unless agreed in writing.
Additional work outside the agreed retainer may be charged separately.
Either party may cancel an ongoing service in accordance with the notice period stated in the relevant proposal, agreement or email confirmation. If no notice period is stated, one calendar month's written notice will apply.
If a project is delayed because you do not provide required information, feedback, access, content, payment or approval, we may place the project on hold.
If a project remains inactive for more than 30 days due to client delay, we may reschedule the work around other commitments.
If a project remains inactive for more than 60 days due to client delay, we may charge a restart fee or require a revised quotation before continuing.
Fees already paid are not automatically refundable where work has been carried out, time has been reserved or the delay has been caused by the client.
All amendment requests must be provided clearly in writing by email unless we agree another method.
You must provide enough detail for us to understand the requested change. Where wording needs to be changed, you should provide the exact wording or a clear instruction.
We are happy to make updates requested by clients, including updates to policies, legal pages, website text, images, services, contact details and other website content.
We may charge for updates where they fall outside the agreed scope, support plan, warranty period or retained service.
We are not responsible for issues that continue because you failed to request an update, failed to provide correct information or failed to approve changes.
Any timescales we provide are estimates unless expressly stated to be fixed deadlines in writing.
We will use reasonable care to meet agreed timescales. However, timescales may change due to client delays, third party delays, technical issues, scope changes, content delays, approval delays, illness, emergencies or events outside our reasonable control.
We are not liable for loss caused by delay unless we have expressly agreed a fixed deadline in writing and the delay was caused directly by our proven breach.
Each party agrees to keep confidential information received from the other party confidential and not disclose it to third parties except where required to deliver the Services, comply with law or obtain professional advice.
Confidential information does not include information that is public, already known, independently developed or lawfully received from another source.
During the period we provide Services and for 12 months afterwards, you must not knowingly solicit, employ or engage any employee, contractor or supplier of Identity Pixel Design Ltd who has been involved in providing Services to you, unless we agree in writing.
You may use our website for lawful business or personal information purposes only.
You must not misuse our website, attempt unauthorised access, scrape content, copy materials, interfere with security or use the website in a way that could damage our business, systems, reputation or users.
All content on our website is owned by us or licensed to us. You may not copy, reproduce, distribute, publish, adapt or commercially exploit our website content without our written permission.
Our website may contain links to third party websites, tools, resources or platforms.
These links are provided for convenience only. We do not control third party websites and are not responsible for their content, security, availability, accuracy, policies or practices.
We do not guarantee that our website or Services will always be available, uninterrupted, secure or error free.
We may update, suspend, withdraw, change or restrict access to our website or Services at any time where reasonably necessary.
To the fullest extent permitted by law, the Services are provided on an as available basis.
We do not guarantee that any website, campaign, strategy, document, content, design, SEO work, advertising work, technical work or consultancy will achieve a specific commercial result unless expressly agreed in writing.
You remain responsible for business decisions made using our work, advice, strategy, recommendations, content or deliverables.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation and any liability that cannot legally be excluded.
Subject to the above, we will not be liable for:
Where we are legally permitted to limit liability, our total liability for all claims relating to a project or service will not exceed the amount paid by you to us for the specific project or service giving rise to the claim during the three months before the event giving rise to the claim.
If no fees were paid for the relevant Service, our total liability will be limited to £100 to the fullest extent permitted by law.
You agree to indemnify and hold us harmless against claims, losses, damages, costs, expenses and liabilities arising from:
This indemnity applies to the fullest extent permitted by law.
If you are unhappy with any part of the Services, you must notify us in writing as soon as reasonably possible.
You must give us a reasonable opportunity to review the issue and put it right where appropriate.
Failure to raise an issue promptly may limit our ability to investigate, correct or assist with the issue.
We may suspend or terminate Services if:
You remain responsible for fees due for work completed, time spent, costs incurred and commitments made before termination.
We will not be responsible for failure or delay caused by events outside our reasonable control. This may include internet outages, power failures, hosting failures, third party platform issues, cyber incidents, strikes, illness, emergencies, extreme weather, government action, regulatory action or other events beyond our control.
You may not transfer your rights or obligations under these Terms without our written permission.
We may transfer our rights and obligations to another business where this does not materially reduce your rights.
If any part of these Terms is found to be invalid, unlawful or unenforceable, that part will be treated as removed to the minimum extent necessary. The remaining Terms will continue in force.
If we do not enforce any part of these Terms immediately, this does not mean we have waived the right to enforce it later.
These Terms are governed by the laws of England and Wales.
If you are a business client, the courts of England and Wales will have exclusive jurisdiction over any dispute relating to these Terms or the Services.
If you are a consumer, you may have additional rights to bring proceedings in the courts of the part of the United Kingdom where you live.
Identity Pixel Design Ltd
31a King St
Stanford le Hope
Essex SS17 0HJ
United Kingdom
Email: info@identitypixel.com
Phone: 0330 133 6339