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Terms & Conditions:

The following terms and conditions apply to all development / design services provided by Tiny Pixel Creative to the Client.

1. Acceptance
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions. Using and purchasing our services, you clearly demonstrate to have carefully read, understood and accepted this legal agreement between you, the Client, and us, Tiny Pixel Creative.

2. Charges and Payments
Charges for services to be provided by Tiny Pixel Creative are defined in the project quotation that the Client receives via e-mail. Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before production commences. The remainder of the payment will be charged at the completion of the work, upon approved review by the Client. In any case, please note that any advance payment (“Deposit”) will be not eligible of any refund, under any circumstances.

3. Client Review
Tiny Pixel Creative will provide the Client with an opportunity to review the appearance and content of the project during the design phase and once the overall project development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Tiny Pixel Creative otherwise within five (5) days of the date the materials are made available to the Client.

4. Failure to provide required website content
Tiny Pixel Creative is a functional business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged. This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your project because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 20%. If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. 


5. Payment
Invoices will be provided by Tiny Pixel Creative upon commencement and completion of the project. Invoices are sent via email and are due upon receipt. Accounts that remain unpaid one week (7 days) after the date of the invoice will be assessed a service charge in the amount of 5% of the total payable amount.


6. Additional Expenses
Client agrees to reimburse Tiny Pixel Creative for any additional expenses necessary for the completion of the work. Examples could be the purchase of special fonts, stock photography, music licensing, voice over artists, etc. Additional expenses will never be included without the prior knowledge and consent of the Client.


7. Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Tiny Pixel Creative's web space, Tiny Pixel Creative will, at its discretion, remove all such material from its web space. Tiny Pixel Creative is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Clients with accounts in default agree to pay Tiny Pixel Creative reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Tiny Pixel Creative in enforcing these Terms and Conditions.


8. Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt. The Client will forfeit their deposit and possibly incur further charges depending on the progress of the project in question.


9. Indemnity
All Tiny Pixel Creative services may be used for lawful purposes only. You agree to indemnify and hold Tiny Pixel Creative harmless from any claims resulting from your use of our service that damages you or any other party.


10. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Tiny Pixel Creative the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Tiny Pixel Creative permission and rights for use of the same and agrees to indemnify and hold harmless Tiny Pixel Creative from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for design and/or placement shall be regarded as a guarantee by the Client to Tiny Pixel Creative that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.


11. Credits
Tiny Pixel Creative may insert a small credit or signature internally to the project, most likely in the form of a card at the end of the project if in video form. The Client accepts to receive the work with this particular specification, and not to remove it. This specification can be discarded for an additional fee - however, full accreditation is still required in the public project description/notes.


12. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.


13. Governing Law
This Agreement shall be governed by Australian Law and by any specific jurisdiction imposed by the country where the Client resides.


14. Liability
Tiny Pixel Creative hereby excludes itself, its Employees and/or Agents from all and any liability from:
•  Loss or damage caused by any inaccuracy;
•  Loss or damage caused by omission;
•  Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the project.


15. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.


16. Final Legal Disclaimer
Tiny Pixel Creative is not responsible for any potential damage, loss in profits, injury or issue, direct or consequential, caused by the use of our services and products. You, the Client, are the exclusively responsible subject for any use and event due by the use of our services.

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