PixelHub Terms and Conditions
Welcome to PixelHub!
1. Introduction
In these Terms and Conditions, ‘we’, ‘our’, ‘designer’, ‘photographer’, ‘videographer’, ‘team’, ‘staff’, ‘the agency’ refer to PixelHub LTD while ‘you’, ‘your’ and ‘they’ refer to the client. ‘Works’, ‘designs’, ‘files’, ‘content’ refer to the work PixelHub creates.
These terms and conditions (“Terms”) outline the rules for using our website and services. By using the PixelHub website and any of our services and products, you agree to these Terms.
1.1. Services Offered
PixelHub provides creative and marketing solutions: We offer graphic design, digital marketing (social media management, Google Ads, content creation, SEO, etc), and photo and video production services. A detailed description of each service can be found on our website.
• Delivery Times & Turnarounds:
We operate Monday to Friday, 9 am to 5 pm NZDT. Requests outside these hours are processed the next business day. We observe New Zealand public holidays.
This Terms and Conditions agreement is divided into three distinct sections, each corresponding to a specific service. However, please note that many of the conditions in each section may overlap with those in the other sections. This is due to the interdependent nature of some services, where the completion of one service may require the use of another.
2. Terms and Conditions for Graphic Design Service:
Our graphic design service includes the creation of files for print and digital channels such as social media posts (static posts), presentations, documents, logos, etc. This service includes free stock photos (if copyrighted photos are required, the cost will be charged separately). What is not included: videos, video editing, animations, motion graphics, social media management, copywriting, marketing strategies, photography, or video shooting. The creation of the design will be based on a brief completed by the client, which must be filled out completely and as clearly as possible. The service will begin after receiving the payment and the first brief is confirmed by PixelHub to the client. We cannot start the work without having received the brief completed by the client.
[A design brief is a document that outlines the objectives, requirements, and constraints of a design project. It serves as a guide for designers to understand the client’s vision and expectations, ensuring that the final output aligns with their goals.]
If the client decides to modify the designs on their own or through a third party, they are prohibited from communicating or displaying that PixelHub was the original creator of the designs.
2.1. Considerations:
• Large Projects & Design Changes: You can use your plan for one large or multiple smaller projects. However, there’s a maximum weekly work hour per plan to ensure quality. Design changes are deducted from your plan’s hours.
• Design Turnaround Time: Design turnaround varies depending on complexity. Most designs are delivered within 1-3 days. Refer to our project type guide for approximate timeframes.
• Revisions: If a design is not addressed properly by PixelHub, carefully review your initial brief for revisions. Revisions due to incomplete or changed briefs are deducted from your plan’s hours. The time to correct designer errors like typos, wrong files, etc. won’t be deducted from the plan’s time.
• Copywriting: Graphic design plans don’t include copywriting of design work. Clients must provide the text for the graphics.
• Design Use: Designs created by PixelHub can be used by the client for business purposes, including print or static digital projects. If the client requires graphic design for personal use, each piece will be subject to the Consumer Guarantees Act 1993. All graphic design for commercial use will be governed by the terms of this agreement.
• Photographs: Plans include the research and application of free, royalty-free stock photos upon client request or at the designer’s discretion. All plans include photo editing as part of the design work. Clients are responsible for ensuring they have legal rights to use any photos or videos they provide to PixelHub.
• Original Illustrations & Video Editing: Digital and artistic illustrations don’t fall under our definition of ‘Graphic Design’ and are not included in any of our plans. Video editing is included in our digital marketing plans. Photo and video shooting is charged separately.
• Design Formats: Designs are delivered in the format needed for the final product and can be used (JPG, PNG, PDF). Only the Advanced Plan includes the delivery of open file formats [Ai (Adobe Illustrator), Id (Adobe InDesign), Ps (Adobe Photoshop)] upon client request.
• Design File Storage: We store design files for one year from approval. After this time, clients are responsible for backing up their designs. Only open file formats can be reused for future modifications.
• Social Media Design: On Graphic Design Plans, we can design static social media posts and carousels based on your specifications and your provided copywriting. However, Social Media Strategy, copywriting creation, social media management or video creation are tasks only available in Digital Marketing plans.
• Printed Copies: We do not directly provide printing services. Our recommendation is to utilise third-party printing services. Should you require us to manage the printing process on your behalf, this service will be deducted from your monthly plan time, subject to our prior approval.
• Exceeding Plan Hours: If you need more hours than your plan availability, you can purchase additional plans or individual graphic design hours.
• Unused Hours: Unused hours do not roll over to the next month. Our subscription model is similar to streaming services; unused hours expire at the end of the month. [The ‘month’ period begins on the 30th calendar day after we confirm receipt of the initial brief and after payment has been completed.]
3. Digital Marketing Terms and Conditions:
Digital marketing services encompass a variety of online strategies and activities offered by PixelHub through its platform. These services include but are not limited to Search Engine Optimisation (SEO), Pay-Per-Click advertising on Google Ads or other platforms, Social Media Marketing, Social Media Management, Content Marketing, and Web Design, Web Maintenance, Web Development. These services aim to enhance online visibility, promote brand engagement, drive website traffic, and optimise digital presence for our clients to the best of our ability and within our capabilities.
To effectively provide digital marketing services, PixelHub requires access to client digital accounts including Google accounts, social media accounts, Content Management System (CMS) accounts, email marketing platform accounts, and other relevant platforms not limited to these. Access to these accounts is necessary for implementing and managing digital marketing strategies. Without such access, PixelHub will be unable to deliver the agreed-upon services.
None of our Digital Marketing Plans includes ad spend, which refers to the fees charged by platforms like Google Ads, Meta Ads, TikTok Ads, LinkedIn Ads or any similar, for displaying advertisements. Our plans exclusively cover the management and services provided by PixelHub. PixelHub will recommend an optimal budget allocation that we believe will yield the best return on investment (ROI) for the client. The client is responsible for directly paying this budget to the respective service provider after PixelHub requests it. PixelHub can provide reasonable time and effort to explain, mentor, or help the client on how to make this payment directly to the platforms.
3.1. Considerations:
• The client understands and accepts that the results of digital marketing strategies take time to materialise, and one month is typically insufficient to observe significant positive trends. For this reason, we encourage clients to be patient and consider a six-month contract. Our monthly plans are designed for your financial convenience and with a ‘try and test purpose’ not because we ensure that results can be expected within a single month. A longer commitment allows for the implementation and optimisation of strategies, leading to more effective and measurable outcomes.
• The client understands and accepts that marketing is not an exact science and its success depends on numerous factors beyond PixelHub’s control or expertise. Therefore, PixelHub cannot guarantee positive results in all cases and circumstances.
• The client agrees that each option of our Digital Marketing Plans is intended for a single company. If the client requires management of digital marketing for additional companies, a separate plan must be purchased for each company.
• The content created for digital marketing packages will be managed according to the same criteria outlined in the graphic design conditions stated in this document.
• Plans are purchased on a monthly basis. If additional hours are required, the client can acquire an additional plan. If fewer hours are needed from the client, PixelHub can work on the ongoing plan to make content creation for the client. We don’t refund unused hours.
4. Commercial Photography and Videography and Content Creation Terms and Conditions:
4.1. Definitions
For the context of this agreement and for PixelHub, Content Creation includes photo and video services which encompass different activities like pre-production planning, storyboarding, scripting advice, location scouting, shooting, editing, post-production, and final delivery.
• Photographic Works, Photos, Videos, Files, Works: include photographic prints, transparencies, digital images, videos, animations, raw or edited created by PixelHub.
• Photographer: means PixelHub and where the context requires may include the studio, photographic company, employees or sub-contractors.
• Order: includes an order placed by the Client for the production of Photographic/Video Works, an invoice or statement.
• Client: means the client listed on the Invoice, Brief, or Order.
• Licence: is a right granted by PixelHub to the Client to use the copyright works of PixelHub on the terms set out above.
• Booking, Session: includes appointments made for a sitting, viewing and any other meeting where PixelHub has set aside specific time to meet with or do work for the Client.
4.2. Considerations:
4.2.1. Coverage of service:
Our Content Creation services encompass professional photography and videography planning, shooting, editing and file delivery, tailored specifically for commercial purposes. We do not specialise in covering social personal events such as weddings or graduations. Similarly, commercial events like conferences or product launches are not within our primary focus. However, exceptions may be considered for commercial events subject to approval by PixelHub, based on an assessment of our team’s capabilities and equipment.
4.2.2. Booking and Instructions:
• Written Communication: All instructions, expectations, and changes regarding the photoshoot, editing, and delivery must be communicated in writing through a formal brief agreed upon by both parties.
• Pre-Shoot Approval: PixelHub will present a draft of ideas and examples before the shoot for the Client’s written approval.
• Variations: The Client acknowledges that unforeseen circumstances may cause variations in the final outcome. PixelHub commits to delivering high-quality work within its capabilities. The Client agrees to accept these variations but retains the option to request editing changes within the agreed-upon hourly timeframe in the selected plan. PixelHub reserves the right to improvise and implement new tactics to deliver the work within our capabilities.
• Colour Variation: The Client acknowledges that Photographic Works may fade or discolour over time due to the inherent qualities of materials used and that Photographic works are produced on colour-corrected monitors and unfortunately will look different on uncalibrated monitors. The Client releases PixelHub from any liability for any claim based upon fading or discolouration.
4.2.3. Copyright and Ownership
• PixelHub Retains Copyright: PixelHub retains the copyright to all raw, edited, and final photographic and video works (“Works”). As well as ownership of intellectual property and the right to be the only one who can edit it for final publications.
• Client License: Upon full payment, PixelHub grants the Client a non-exclusive, worldwide, perpetual Licence to use the selected and delivered Works for commercial or non-commercial advertising purposes, with unlimited reproductions. Reselling the Works requires a further licence.
• Moral Rights: PixelHub asserts their moral rights over the photos. Whenever the photos are mentioned or used, PixelHub must be credited as the creator. The way PixelHub is credited must be approved by PixelHub.
Generic Cut-Away Footage: Generic cut-away footage (scenery & tasks) non-specific to the client acquired during the course of shooting may be used as stock footage.
4.2.4. Client Confidentiality
PixelHub will comply with the Privacy Act 1993 and protect any confidential information disclosed by the Client for photography purposes. The client must tell PixelHub if any material or information they share is confidential. PixelHub will keep this confidential information private, except when it needs to be shared to complete the booking or order.
4.2.5. Payment
The Client must pay the agreed-upon fees as outlined in the Invoice/Order before work commences.
4.2.6. Indemnity
The client agrees to compensate PixelHub for any loss, damage, or costs (including legal fees) that happen because the client breaks any of these terms. The client will also cover PixelHub’s costs for recovering any money owed. These losses, damages, or costs will be considered money owed under this agreement.
4.2.7. Cancellation or Postponement of Booking
• If the client cancels or postpones an appointment, they must pay the amounts already invoiced or due, as decided by PixelHub, whether or not the appointment takes place.
• If the appointment involves multiple people, it is the client’s responsibility to ensure everyone arrives on time. If anyone is late, PixelHub can choose to cancel or postpone the appointment.
• Fees already paid cannot be transferred to another person.
• Postponement: The Client must give PixelHub at least 48 hours’ written notice to reschedule. Rescheduling is subject to availability. A non-refundable penalty of $350 NZD applies if the Client provides less than 48 hours’ notice.
4.3. Photographer Not Liable for Losses
Except as required by the Consumer Guarantees Act 1993, PixelHub is not responsible for:
• Any loss or damage caused by delays in completing the photos.
• Any loss of profits.
• Any indirect or consequential losses of any kind.
• Any loss resulting from errors or misunderstandings of the client’s verbal instructions, whether due to PixelHub’s breach of obligations, cancellation of the booking or order, or negligence.
4.4. Limited Liability of Photographer
PixelHub’s responsibility for any costs, loss, or damage to the client, no matter the cause, is limited to the amount of the proportional cost to the price/hour on the selected plan that the client has paid for the booking or order.
4.5. Client Responsibilities
Public Filming: If video or photography of a location with a public presence is required, the Client is responsible for obtaining all necessary permissions from individuals present in the footage.
4.6. Safety and Session Conditions
• PixelHub reserves the right to cancel or postpone any photo/video shooting session if we deem the conditions unsafe for any reason. We prioritize the safety of our team and equipment.
• Clients may reschedule the shooting session under the following conditions:
a. Force majeure events, such as natural disasters, extreme weather conditions, war, terrorism, pandemics, or any other events beyond the control of either party.
b. Adverse weather conditions that may affect the safety of the team or the functioning of the equipment, such as heavy rain, strong winds, or extreme temperatures.
c. Personal emergencies.
• Rescheduling is subject to availability and must be notified with a minimum of 24 hours in advance.
4.7. Term and Termination
• The Client may terminate this Agreement with written notice and a reasonable notice period. The Client must compensate PixelHub for all amounts due. Upon receiving such notice, PixelHub will immediately cease performing photographic services.
4.8. Force Majeure
Neither party shall be liable for any loss or damage arising from events beyond their control, such as acts of God, fire, armed conflict, etc.
5. Deliveries
a. The client receives only the finalized and edited files as agreed upon in the invoice which both parties must accept before the shooting session.
b. Any modifications to these files made by the client or third parties require written consent from PixelHub. PixelHub reserves the right to accept or reject any artistic modifications of the delivered files.
6. Public Communication of Ownership:
PixelHub retains the right to publicly communicate ownership of the intellectual property for all raw, edited, delivered, and developed files, including those that prominently feature the client’s logo or company information, for the following purposes:
a. Enter the Works into photographic, videography, marketing, design competitions or awards and use them in any material published in connection with promoting those competitions or awards.
b. Advertise or otherwise promote PixelHub’s work.
c. Submit the Works for display at art galleries, magazines, newsletters, or other premises and media.
d. Use the Works for any other purpose within PixelHub’s business activities.
7. Travel and Additional CostsTravel and Additional Costs:
Travel, parking, administration, and other disbursements will be listed as separate line items on invoices and estimated based on expected costs.
• Out-of-Auckland Fee: An additional fee of $300 NZD per night per person applies if the crew must stay overnight due to the Client’s booking requirements.
• Flight Expenses: All flight expenses for bookings outside Auckland will be charged to the Client.
• Depending on the circumstances, there may be additional charges, and the Client(s) will be advised before any variation to the contract is agreed or accepted.
8. Licensing
The Client agrees to indemnify and hold PixelHub harmless from any legal action or consequences arising from the use of any unlicensed item.
• Music Licensing: The Client acknowledges that the use of unlicensed music in a video is strictly prohibited from being used in the public domain.
• Typography Licensing: Should the Client require a license for typography, they agree to bear all associated expenses.
• Illustration and Vectors Licensing: In the event that the Client requires a license for illustrations, icons, or any vector-based work, the Client agrees to cover the applicable expenses.
• Stock Photography: Should the Client require licenses for stock photography or any other licensed visual content, they agree to cover the related expenses.
• Website Templates: In the event that the Client requires a website template for web design purposes, they agree to bear the costs associated with its licensing.
• Website Plugins, Subscriptions, Domains, and Hosting: Should the Client require website plugins, subscriptions, domains, or hosting services, the Client agrees to cover all associated expenses.
Copywriting Rights Disclaimer: Where applicable, all licensing agreements mentioned above shall include provisions for appropriate usage rights and ownership of intellectual property, ensuring compliance with legal standards and regulations.
9. Editing Process
9.1. Client Input
• PixelHub videographers consider the Client’s requirements but reserve the right to use their professional judgment. Artistic interpretation cannot be guaranteed.
9.2. Client Satisfaction
• The Client has viewed samples of PixelHub’s work and is completely satisfied with its quality and with PixelHub’s video production capabilities and artistic style.
9.3. Minor Revisions
• PixelHub will address minor editing requests at no additional cost during the approval stage.
9.4. Major Changes
• Additional fees will apply for changes to the finished product due to aesthetic preferences or changes of mind.
10. IMPORTANT NOTICE – CONSUMER GUARANTEES ACT 1993
The Consumer Guarantees Act 1993 may apply to the licensed Photographic Works for personal, domestic, or household use or consumption. If this Act applies, nothing in these Standard Terms will limit or exclude the Client’s rights under this Act.
10.1. Business Purpose Acknowledgement
The client acknowledges that PixelHub’s Content Creation services are exclusively for commercial purposes. As outlined in the initial clause of this agreement, section 4.2.1, our photography, videography, and content creation services are intended solely for business and commercial use and not for personal or domestic consumption.
10.2. Exclusion of Consumer Guarantees Act
As the Client is acquiring the licensed Photographic Works for business purposes, then the Client’s rights are subject to these standard terms only and the Consumer Guarantees Act 1993 shall not apply.
11. Supplied Content
11.1. Content Warranties
• The client warrants that all content or materials supplied to PixelHub to be used for the provision of the Services shall:
a. Be true and correct.
b. Not contain Prohibited Content.
c. Not contain anything that is defamatory of any person or is indecent or obscene.
d. Comply with all laws, regulations, codes of practice, guidelines or any standards applicable to the advertising industry or determined by any relevant Regulator (including the advertising codes of practice of the Advertising Standards Authority (ASA)).
e. Not infringe copyright, trademark or any other legal rights of another person or entity (including the name or images of any person without their consent).
f. Not contain anything which may give rise to any cause of action by a third party against us (including material that may cause damage or injury to any person or entity).
g. It is a safe file to use, clean of viruses, maleware or any software that can damages equipment, data security or damage any person, entity or device.
11.2. Content Acceptance and Liability
• PixelHub’s Discretion: PixelHub reserves the right, at its sole discretion, to accept or reject any photos, videos, graphics, copy, or other content provided by the client. This decision will be based on PixelHub’s quality standards, values, and ethical considerations. PixelHub will promptly inform the client if any submitted material is deemed unsuitable for use.
• Viruses and Malware: In the event that the client provides files or links to files that contain viruses, malware, or any other harmful components, the client agrees to indemnify and hold harmless PixelHub from any and all damages, losses, or expenses incurred as a result of this action. This includes, but is not limited to, damage to PixelHub’s equipment, files, or software. The client acknowledges that they bear full responsibility for ensuring the safety and integrity of the files they provide.
12. General User Responsibilities
• Use PixelHub according to these Terms.
• Avoid misuse or interference with the website.
• Respect our intellectual property rights.
12.1. Payment Terms
• Services are billed monthly in advance of any service, via bank transfer.
• We offer online purchases and payment processing apply a 3% fee due to bank and payway charges.
• The service starts after receiving payment and first brief was confirmed by PixelHub, or as agreed in previous PixelHub communication, invoices, external contracts or order confirmations.
• Clients can cancel their plan if they don’t send the first brief or this one hasn’t been confirmed by PixelHub and no automatic charges apply . No refunds will be done by PixelHub if the first brief was confirmed.
12.2. Termination of Services
• Services may be terminated immediately for violating these Terms.
• The service will end at the end of the paid month. To renew, the client needs to purchase another monthly plan or previously accept an automatic charge to make the payment in advice.
• No refunds are offered after the first brief was confirmed.
• Upon termination, clients receive completed usable files (if applicable).
• We store most project files for a maximum of one year after the last payment with exception of Photography, Video or animated works which will be stored for only 3 months.
12.3. Confidentiality
• Both parties agree to keep confidential any sensitive information, including but not limited to:
– Bank accounts
– Passwords
– Names
– Financial data
– Client website data
– (and similar confidential information)
12.4. Limitation of Liability
• PixelHub is not liable for indirect, incidental, or consequential damages from using our services.
• Clients understand that marketing success depends on various factors beyond marketing efforts and there are no guarantees.
• Clients understand graphic design, photo and video works can involve subjective interpretations, and works may not always perfectly match personal preferences.
• Clients can request revisions as many times as their hourly time allows within their monthly plan.
13. Data Breaches
13.1. Commitment to Data Security
• PixelHub is committed to protecting the personal and business information of our clients. We implement appropriate technical and organisational measures to safeguard data against unauthorised access, disclosure, alteration, and destruction.
13.2. Preventive Measures
• We regularly review and update our security practices to ensure the highest level of protection. This includes using secure servers, encryption, firewalls, and regular security audits.
13.3. Client Responsibilities
• Clients are responsible for maintaining the security of their account credentials and for any actions taken under their accounts.
13.4. Data Breach Protocol
• Notification: We will notify affected clients promptly upon discovering a breach that compromises their personal or business information.
• Investigation: We will conduct a thorough investigation to determine the cause and extent of the breach.
• Mitigation: We will take all necessary steps to mitigate the impact of the breach and prevent future occurrences.
13.4.1. Limitation of Liability
While we take extensive measures to protect client data, PixelHub cannot guarantee absolute security. By using our services, clients acknowledge and accept that no method of data transmission or storage is completely secure. Therefore, PixelHub shall not be held liable for any unauthorised access, disclosure, or loss of client data.
14. Governing Law
These Terms are governed by New Zealand Law. We can serve international clients, but they must comply with these Terms and New Zealand Law.
15. Dispute Resolution
The parties agree to first attempt to resolve any dispute through direct negotiation. If the parties cannot resolve the dispute through negotiation, either party may initiate mediation and/or binding arbitration in a mutually agreed-upon forum. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs incurred in any dispute resolved through binding arbitration or litigation.
16. Changes to Terms
We reserve the right to update these Terms at any time. We will notify current clients by email (current clients include: clients in the last 3 months from the update).
17. Contact Information
For questions, contact us at:
Email: info@pixelhub.co.nz
Mobile: 0272591483
Thank you for your preference.