:: Get the Skinny ::

Web Design Terms and CONDITIONS

Information below is for representational purposes only. A full Standard Business Agreement will be presented for signing before work begins on your project.


Process:

Phase One: The Meeting - A representative from Skinny Pixel Technologies Inc. will meet with you to discuss your web site needs. via phone, email, online chat, or in person.

Phase Two: R & D - Skinny Pixel Technologies Inc. will research your web design needs and create a Proposal that will include all of the information and cost we feel will best complete your web design project. You are free to make any revisions to this proposal to customize it to you required budget and expectations.

Phase Three: Proposal Approval - Once Client and Skinny Pixel Technologies Inc. agree on the Proposal and cost Skinny Pixel Technologies Inc. will create a Statement of Work (SOW) along with a Standard Business Agreement (SBA) for signing.
With most projects Skinny Pixel Technologies Inc. requires a 50% retainer.
Projects under $1000 require full payment before Phase Four
(Retainer cost is dependant on your project needs and SBA)
Skinny Pixel Technologies Inc. does not begin design layout compositions until retainer is paid.

Phase Four: Design Layout Compositions - Skinny Pixel Technologies Inc. will present Client with Design Layout Compositions based upon discussions and meeting during the Meeting Phase. Client can then make any changes or addons and request follow up Design Layout Compositions. Please see below for Time Limits on approval, revision, client supplied information, or project termination. Once all designs are approved the project is termed as a Prototype and moves into the coding phase.
(Please see below "Project Scope Creep" before deciding to move to coding phase)
Prototype is frozen before Coding Phase.

Phase Five: Coding - Skinny Pixel Technologies Inc. will begin coding of the approved prototype and preparing it for upload to the hosting servers where it will available for online viewing. In some cases revisions are allowed during this phase of the project (within reason).

Phase Six: Release of Website - Once all testing and Client approve is finished final payment is required and then the website will be opened to it's purpose. (private or public)

Time Limit (Client side delays)

Skinny Pixel Technologies Inc. will provide Client with Design Compositions for review, approval, or request a revision.
Client then has 3-7 days to approve or request a revision.
(Revisions are limited to the number allotted by the chosen web design package, plan or project scope - see your SOW)

Client can request more time by phone or email but is required to make this request within 4 days.
Failure to respond with necessary information within 3-7 days by sending approval, denial, sending of necessary information, or requesting a refund (project termination) could result in project delays, project being transferred to back of the line, extra cost, or even project termination without refund. (see refund policies)

If client does not respond in the required time limit Skinny Pixel Technologies Inc. will send an email, phone call, or other means of communication as a reminder. Failure to respond with information after recieving the reminder communication from Skinny Pixel Technologies Inc. will result in current project being shelved and the client being billed for remainder of project cost. Skinny Pixel Technologies Inc. can afford to wait for months for projects to proceed due to delays caused by client inactivaty.

Once the project has become shelved and total cost from the STB has been paid the client can restart the project by paying a restart fee to be determined by Skinny Pixel Technologies Inc.

Client fails to pay total project cost for a shelved project will be considered shall be sufficient cause for termination of this Agreement by Skinny Pixel Technologies Inc. The project will be cancelled and all files, artwork, and any other materails used or created for the project will belong to Skinny Pixel Technologies Inc. Client will be charged a full project cost to restart the project.

Client acknowledges that if Client does not supply Skinny Pixel Technologies Inc. with Content, feedback, written approvals and other necessary materials in a very timely manner upon Skinny Pixel Technologies Inc.’s initial request, Services will be delayed beyond the estimated deadline or timeframe. Skinny Pixel Technologies Inc. shall not be responsible for any delays caused by such Client delays or delays beyond the reasonable control of Skinny Pixel Technologies Inc. Only deadlines or timeframes listed in an executed Statement of Work shall be recognized as official. As long as Skinny Pixel Technologies Inc. makes substantial efforts towards satisfying a deadline or timeframe, Skinny Pixel Technologies Inc. shall not be liable should the deadline or timeframe not be met. At no time shall Skinny Pixel Technologies Inc. ever be liable for any lost profits, consequential, exemplary, incidental or punitive damages for missing a deadline or timeframe.

Client Cooperation: Client shall promptly inform Skinny Pixel Technologies Inc. in writing by Certified or Registered Mail only of all questions, comments, events, occurrences or circumstances related to any failure by Skinny Pixel Technologies Inc. to comply with a Statement of Work, SOW Amendment, Services rendered by Skinny Pixel Technologies Inc., or which could lead to a claim, demand or liability against Skinny Pixel Technologies Inc., with respect to any Services or Statement of Work. Failure to notify Skinny Pixel Technologies Inc. in a timely manner as set forth above may be deemed to be a waiver of any claim for damages against Skinny Pixel Technologies Inc.

Scope of Work

Content Submittal
All content (web & print projects) provided before or after marketing and web review must be submitted in
MS WORD documents, or note pad. Each Word document should contain the exact text
you wish displayed on your site/print media and be titled according to the category previously approved in
your outline, where applicable.

Artwork Submittal
Images, designs and artwork can be almost any format. Skinny Pixel Technologies Inc. recommends images, designs and artwork be submitted with a minimum of 150 DPI and in RGB or CMYK color mode.
However images for the internet do not require 300 DPI, but 150 DPI are still preferred. Customer provided artwork may vary in quality, therefore, Skinny Pixel Technologies Inc. cannot be held responsible for pixilated, blurry or distorted images.

Our art department checks files a 100%. Files not created by Skinny Pixel are not Skinny Pixel Technologies Inc. responsibility to check for accuracy on spelling, guidelines, and other design verifications. Skinny Pixel Technologies Inc. is not responsible for any web ready files not created by our art department. Designers at Skinny Pixel Technologies Inc. are not responsible for finalized proofing on projects submitted. We hold you “the client” responsible for managing to check your electronic proof and signing off with accuracy for (spelling or miss wording)
In addition, you agree to abide by all rules and regulations pertaining to on-line decency and appropriate and acceptable content. This means that you agree to the following with regards to any product coming from Skinny Pixel Technologies Inc.: You will not upload, post or send any content through the Skinny Pixel Technologies Inc. service containing adult or child pornography, or anything indecent, lewd, or obscene; material that threatens to kidnap or injure anyone, threatens to damage the reputation of anyone or harm their personal property, threatens to accuse anyone of a crime, threatens to announce that a person has violated a law/s of the United States, or threatens blackmail; encourages or suggests forcible resistance to any law of the United States, insurrection, or treason; includes fraudulent, libelous or hurtful remarks directed at any other person or business; or infringes upon the intellectual property rights of Skinny Pixel Technologies Inc. or any other party. Skinny Pixel Technologies Inc. reserves the right to remove or refuse any content or information that violates the Terms and Conditions agreement or may otherwise be considered unlawful or objectionable. In addition, you agree that content and or information obtained by Skinny Pixel Technologies Inc. may be kept and disclosed if Skinny Pixel Technologies Inc. is required to do so by law, or if Skinny Pixel Technologies Inc. believes, in good faith, that it is necessary to disclose such content in order to comply with any legal proceeding or processes; uphold or enforce the terms of our services; respond to any claims that the content or information is or may be in violation of the rights of another party; that the content or information may be objectionable or offensive; or that the content/information is necessary to protect the rights or property of the public or Skinny Pixel Technologies Inc. in any way.

Payment Terms

Payment Types: Please see >>

Refund Policy: Please see >>

Payment Terms: Client shall pay all invoices within 15 days from the date of the invoice except as otherwise set forth in a Statement of Work or approved by Skinny Pixel Technologies Inc. in writing or by Electronic Acknowledgement. In the event that the Client shall fail to pay any invoice in full as required by its due date, Skinny Pixel Technologies Inc. may, at its sole option, cease performing the Services. Such cessation shall not be deemed to be a breach of this Agreement nor of any deadline date or timeframe set forth in any Statement of Work. Client must pay all outstanding invoices in full, or make other payment arrangements with Skinny Pixel Technologies Inc. which Skinny Pixel Technologies Inc. deems satisfactory, before Skinny Pixel Technologies Inc. shall release Client Work Product to Client.
Skinny Pixel Technologies Inc. will charge Client a $30 processing fee for returned checks.

Billing for Fixed-Fee Project Phases, Software Product Costs and Other Expenses: Upon execution of a Statement of Work or SOW Amendment, Skinny Pixel Technologies Inc. shall invoice Client for 50% of all fixed-fee project phases, software product costs and other non-labor expenses, including but not limited to studio time, domain name registrations, stock photography, travel expenses and third party software costs, as specified in the Statement of Work or SOW Amendment. These fixed-fee project phases, software product costs and other non-labor expenses are non-refundable for any reason, even if the Statement of Work or SOW Amendment is cancelled.

Billing for Labor Charges: Unless otherwise set forth on the Statement(s) of Work or SOW Amendment(s), Skinny Pixel Technologies Inc. shall invoice Client every 2 weeks for the actual time in hours and minutes Skinny Pixel Technologies Inc. spent performing Services for Client during the 2 week period prior to the invoice date, at the labor rates set forth on the Statement(s) of Work or SOW Amendment(s). Each invoice shall include a detailed listing of the tasks performed during the time period listed on the invoice.
Client acknowledges that Skinny Pixel Technologies Inc. will invoice Client for the actual time Skinny Pixel Technologies Inc. spent performing Services for Client, which may be more than or less than the number of estimated or projected hours on the Statement(s) of Work, SOW Amendment(s) and sales proposals Skinny Pixel Technologies Inc. provided to Client.

Billing for Labor Deposit: Skinny Pixel Technologies Inc. shall invoice Client for a deposit on projected labor charges, as specified on the Statement of Work or SOW Amendment. Client’s deposit payment will be applied towards the first labor invoice(s) Skinny Pixel Technologies Inc. sends to Client for the actual time Skinny Pixel Technologies Inc. spent performing Services for Client, as specified in
Should a Statement of Work be cancelled as specified in before the Client’s labor deposit is fully utilized, Skinny Pixel Technologies Inc. shall refund Client for the unused portion of Client’s labor deposit.

Services Performed Outside of a Statement Of Work or SOW Amendment: If Client requests Skinny Pixel Technologies Inc. to perform Services outside of a Statement of Work or SOW Amendment, Skinny Pixel Technologies Inc. will bill and Client shall pay Skinny Pixel Technologies Inc. for such Services at its then standard hourly rates for the work performed. Client shall also pay all other costs directly related to the performance of Services, including but not limited to studio time, domain name registrations, stock photography, travel expenses and third party software costs incurred by Skinny Pixel Technologies Inc. in performing Services, provided that Client approves of such expenditures prior to such expenditures being incurred by Skinny Pixel Technologies Inc.

Past Due Account: If Client’s account becomes more than 10 days past due, Skinny Pixel Technologies Inc. may charge Client a late payment fee of 1.5% of the unpaid principal balance per month. Additionally, Skinny Pixel Technologies Inc., at its sole option, may require that Client pre-pay for any further Services. If Client’s account becomes more than 60 days past due, Skinny Pixel Technologies Inc. may refer Client’s account to a collections agency or to an attorney for collection. Client is responsible for paying all legal fees and costs and any collections agency fees incurred while attempting to collect past due debts from Client. Such attorney’s fee charges include correspondence or phone calls and any other work performed by the attorney prior to litigation being filed.

Taxes: Client shall pay any and all applicable sales and other taxes (excluding taxes on the income of Skinny Pixel Technologies Inc.) that occur as a result of the terms of this Agreement.

Client Amendments and Revisions:

Cost per hour

Maintenance and Technical Support:

Skinny Pixel Technologies Inc. offers a one month free maintenance support plan with most web design packages.
The free one month maintenance plan as well as the Extended Support Plans available for purchase are not connected to the Skinny Pixel Technologies Inc. warranty outlined below. For details on what services are offered by these maintenance and support plans please refer to you web design package and the Pixel Perfect Support Plans page.

Addons and support request beyond the scope of a Skinny Pixel Technologies Inc. Warranty, Free Support Plan, or Pixel Perfect Support Plan may incur additional charges.

Client or Third Party site Modification:

The use of Skinny Pixels recommended Content Management System
In most cases Skinny Pixel will recommend the use of Adobe's Contribute® Content Management software to allow you to update and maintain your Skinny Pixel Built website.
On TecheCart™ (eCommerce Sites) Skinny Pixel may custom design and build your Content Management System.

Skinny Pixel Technologies Inc. is not responsible for any changes or problems that in cure from changes made by anyone other than Skinny Pixel Technologies Inc.
Skinny Pixel will fix or offer instruction to help fix any problems caused by the client or a third party for a fee.

Depending on final agreement Skinny Pixel Technologies Inc. may restrict changes to certain parts of the final website.

Project Scope Creep:

"Scope creep is the pejorative name we give to the natural process by which clients discover what they really want."

Skinny Pixel Technologies Inc. encourages Scope Creep before projects move to beyond design compositions.
To help clients discover what they really want Skinny Pixel Technologies Inc. provides detailed Statements of Work, Communication, Design Compositions, Your Skinny Pixel Client Page, and extensive online information.

Once both the client and Skinny Pixel Technologies Inc. agree that the discovery phase of the project is complete (before coding and uploading the website) Skinny Pixel Technologies Inc. will "freeze" the prototype.

Any revisions or changes made to the agreed upon prototype may incur additional charges.

It is prudent for the client to closely review all information and Design Compositions before the project is completed or all revisions included in the SOW are used.

Ownership:

Work Made For Hire and Ownership of Intellectual Property: Except as otherwise set forth in this section, Client and Skinny Pixel Technologies Inc. agree that upon payment in full of the fees due for a Statement of Work and associated SOW Amendment(s), Client Work Product (and all rights therein, including, without limitation, copyright) shall be considered “work made for hire”, and Client shall own all worldwide right, title, and interest in and to the associated Client Work Product. Client shall be responsible for researching, obtaining, and filing all trademark, copyright, patent, or other intellectual property protections for the Client Work Product, its look and feel, any logos, any "tag lines," or any other materials or documentation designed or developed by Skinny Pixel Technologies Inc. for Client. Client and Skinny Pixel Technologies Inc. agree that the design and development of Client Work Product may include Skinny Pixel Technologies Inc. Library Content. Skinny Pixel Technologies Inc. shall own all worldwide right, title, and interest in and to the Skinny Pixel Technologies Inc. Library Content, but shall provide Client, upon payment in full of the fees due under this Agreement, a worldwide, royalty-free, non-exclusive, transferable and perpetual right and license to use the Skinny Pixel Technologies Inc. Library Content but only to the extent that it is incorporated within the Client Work Product. Client agrees that Skinny Pixel Technologies Inc. may display Client Work Product and Client’s name and logo in Skinny Pixel Technologies Inc.’s portfolio, client list and marketing materials.

Warranty:

Skinny Pixel Technologies Inc. warrants that it will correct any errors found during the first ninety (90) days after Client Work Product is delivered to Client or placed on the Internet, whichever occurs first. Skinny Pixel Technologies Inc. agrees to correct error(s) in Client Work Product, as reported by Client in writing or by Electronic Acknowledgement, free of charge during the warranty period. An error is defined as a problem or defect resulting from an incorrect functioning of the Client Work Product, information displayed in the Client Work Product that does not conform to the Statement of Work, or incorrect sequencing of the pages or information contained in the Client Work Product. If the error(s) in Client Work Product have been printed, duplicated or reproduced in printed materials or computer media, such as CD or DVD disks, Skinny Pixel Technologies Inc.’s only responsibility will be to correct the error(s) so that future printing, reproductions or duplications will not contain the error(s). This warranty does not cover links that change over time, pages that become obsolete over time, content that becomes outdated over time, or other changes that do not result from an error on the part of Skinny Pixel Technologies Inc.. This warranty is void if Client or a vendor hired by Client makes changes or modifications to Coding or any other change which may affect the functionality of the Services or Client Work Product.

Termination of Agreement:

If a party violates its obligations under the SBA, the other party may terminate the Agreement by sending Termination Notice, describing the noncompliance to the non-complying party. Upon receiving Termination Notice, the non-complying party shall have thirty days from the date of such notice to cure any such noncompliance. If such noncompliance is not cured within the required thirty-day period, the party providing Termination Notice shall have the right to terminate this Agreement as of the thirty-first day after the date of the Termination Notice. Client’s failure to pay an invoice or any other amount due to Skinny Pixel Technologies Inc. when due shall be sufficient cause for termination of this Agreement by Skinny Pixel Technologies Inc.

Change Orders:

In the event the Client desires change(s) to a Statement of Work and associated technical specifications and costs, or change(s) to Services already performed under a Statement of Work, the Client shall notify Skinny Pixel Technologies Inc.. Depending on the nature of the change(s) requested, Skinny Pixel Technologies Inc. may choose to draft a Change Order. Each Change Order shall describe the nature of the proposed change(s) in reasonable detail along with estimated cost of such changes and the effect on the project’s schedule. A Change Order Request will become effective and will be considered a SOW Amendment only when it is executed in writing or by Electronic Acknowledgment by both Skinny Pixel Technologies Inc. and the Client.

Hosting: Please see >>

Please refer to all Terms and Conditions for more information.