Pixeloco – Terms and Conditions of Engagement
Acceptance of a quotation, proposal, estimate, Statement of Work, or engagement of Pixeloco Pty Ltd (“Pixeloco”, “we”, “us”, “our”) constitutes acceptance of these Terms and Conditions (“Terms”). These Terms apply to all services provided by Pixeloco unless otherwise expressly agreed in writing.
1. Acceptance & Electronic Agreement
1.1 Acceptance of a quotation, proposal, estimate, scope of work, or engagement issued by Pixeloco may occur by any of the following methods:
written confirmation by email;
clicking “Accept”, “Approve”, or similar confirmation via an online estimate or proposal platform; or
instructing Pixeloco to commence work.
1.2 Any such action constitutes full and binding acceptance of these Terms. The client acknowledges that electronic acceptance and electronic communications are legally binding and equivalent to a handwritten signature under applicable Australian law.
1.3 Order of Precedence
If there is any inconsistency between these Terms, a Professional Services Agreement, and a Statement of Work, the following order of precedence applies (highest to lowest):
(a) the Statement of Work;
(b) the Professional Services Agreement;
(c) these Terms and Conditions.
2. Quotations & Pricing
2.1 All quotations are valid for 30 days from the date of issue unless otherwise stated.
2.2 All prices are exclusive of GST unless expressly stated.
2.3 Quotations are based on information provided by the client and reasonable assumptions regarding scope, timelines, and client cooperation.
3. Scope, Estimates & Variations
3.1 All fees are estimates only and not fixed prices, unless expressly stated otherwise in writing.
3.2 Fees assume timely client feedback, approvals, and provision of required materials.
3.3 Any change to scope, deliverables, direction, timing, or assumptions constitutes a variation and may incur additional fees and/or revised timelines.
3.4 Pixeloco will use reasonable endeavours to notify the client in advance of material variations.
4. Commencement & Deposits
4.1 No work will commence until:
written approval of the quotation or proposal; and
receipt of a minimum 50% deposit, unless otherwise agreed in writing.
4.2 For staged projects, Pixeloco may require deposits or payments before each stage commences.
4.3 Deposits are non-refundable.
5. Payment Terms
5.1 Standard payment terms are 30 days from invoice date unless otherwise agreed in writing.
5.2 Pixeloco reserves the right to require shorter payment terms, including payment on delivery, for project stages, third-party costs, or where payment risk is identified.
5.3 Late payments may result in suspension of services or delivery and may accrue interest at the maximum rate permitted under Australian law.
6. Staged Projects & Progress Payments
6.1 Each project stage must be paid in full before progression to the next stage.
6.2 If a project exceeds the agreed timeline or extends beyond 12 weeks from commencement, Pixeloco may invoice up to 25% of any outstanding balance, with the remainder payable on completion.
7. Third-Party Costs
7.1 Third-party services (including print, hosting, production, media, manufacturing, or fulfilment) require 75–100% upfront payment, at Pixeloco’s discretion.
7.2 Pixeloco may apply a management markup (generally 20%) to third-party costs to cover administration, coordination, and risk.
8. Timelines & Delays
8.1 Timelines are estimates only and are dependent on client cooperation and third-party performance.
8.2 Pixeloco is not liable for delays caused by client actions, third parties, or events beyond reasonable control.
9. Creative Rounds & Amendments
9.1 Fees include:
up to two creative concepts per brief; and
up to three rounds of reasonable amendments.
9.2 Any revisions or changes requested beyond the included revision rounds, or which materially alter the agreed scope, will be treated as out of scope and billed at Pixeloco’s standard hourly rates, subject to client approval.
9.3 If no clear direction or approval is provided after reasonable development, Pixeloco may terminate the engagement with no obligation to refund fees paid.
10. Client Approvals & Sign-Off
10.1 Written approval (email or Pixeloco’s review platform) is required at key stages.
10.2 Once approved, Pixeloco is not responsible for errors, omissions, or outcomes arising from approved work.
10.3 Changes requested after approval may incur additional costs.
11. Meetings & Disbursements
11.1 Fees include reasonable meetings at key stages.
11.2 Extended meetings, workshops, or additional sessions may be charged.
11.3 A standard disbursement fee may apply unless otherwise stated.
12. Exclusions
Unless expressly included, fees exclude GST, print, production, commissioned photography or illustration, copywriting, stock imagery, hosting, licensing, media spend, platform fees, and other third-party costs.
13. Intellectual Property & Ownership
13.1 All intellectual property remains the property of Pixeloco until payment is received in full.
13.2 Upon full payment, the client receives ownership of final approved deliverables only, expressly excluding:
working files;
source or layered files (including but not limited to AI, PSD, INDD, Figma);
drafts, unused concepts, or rejected work; and
internal documents, methodologies, systems, templates, or development materials.
13.3 No implied licence is granted for unpaid work.
13.4 Working or source files may only be supplied by separate written agreement and may incur additional fees if approved.
13.5 No licence or ownership rights in any deliverables are granted until all applicable fees have been paid in full.
14. Portfolio & Promotional Use
Pixeloco retains the right to display and reference completed work for portfolio, website, credentials, awards, case studies and business development purposes unless otherwise agreed in writing.
15. Client-Supplied Materials & Indemnity
15.1 The client warrants that it owns or is properly licensed to use all materials supplied to Pixeloco.
15.2 The client indemnifies Pixeloco against any claims, losses or damages arising from supplied content, instructions, or use of deliverables.
16. Confidentiality
Each party agrees to keep confidential any non-public information received from the other party, except where disclosure is required by law.
17. Liability & Limitation
17.1 To the maximum extent permitted by law, Pixeloco’s total liability is limited to the fees paid for the relevant services.
17.2 Pixeloco is not liable for indirect, consequential, or third-party losses.
17.3 Nothing in these Terms excludes or limits any non-excludable rights under the Australian Consumer Law..
18. Defects & Claims
18.1 Any issues must be notified in writing within 30 days of the final invoice date.
18.2 No claims will be accepted after this period.
19. Web & Digital Projects
19.1 Unless otherwise agreed in writing, the client receives ownership of visual design only, excluding proprietary code, systems, databases, frameworks, or backend architecture.
19.2 Pixeloco provides no warranty regarding third-party platforms, plugins, hosting providers, or future compatibility.
20. Credit
Reasonable attribution to Pixeloco should be provided where practical.
21. Termination & Kill Fee
21.1 Pixeloco may suspend or terminate services for non-payment or material breach.
21.2 If a project is terminated by the client for any reason other than Pixeloco breach, all work completed to date, work in progress, and any committed or non-recoverable costs are payable. Deposits are non-refundable.
21.3 Pixeloco may terminate an engagement where continued delivery becomes unworkable due to repeated scope changes, unreasonable demands, or breakdown in collaboration.
22. Personal Guarantee
Where the client is a company or trust, the individual accepting these Terms warrants authority to do so and personally guarantees payment of all amounts owed to Pixeloco.
23. Debt Recovery & Collection Costs
If payment is not made when due, the client is liable for all reasonable debt recovery and collection costs, including legal fees on a solicitor-client basis.
24. Governing Law
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of its courts..
25. Entire Agreement
These Terms supersede all previous versions and apply to all present and future engagements unless otherwise agreed in writing.