Terms of Payment
1.1 The Customer agrees to pay to Human Pixel the fees and usage charges in accordance with Human Pixel’s prices in any signed Agreement, and in accordance with the Human Pixel schedule of payments for the Human Pixel Service, as agreed, and as may be varied by Human Pixel from time to time.
1.2 Fees and charges are exclusive of all GST unless specified as GST inclusive.
2.1 For recurring charges, Human Pixel offers EFT payment on invoice or direct debit from a credit card.
2.2 Where the billing option does not specify otherwise, all service fees and charges are payable within 7 days of the date of the invoice.
3.1 Human Pixel will not provide any Human Pixel Service until:
- the Agreement is signed & accepted by the Customer and Human Pixel; and
- all applicable payments and/or deposits are paid by the Customer.
3.2 Human Pixel will not refund any payments and/or deposits if the Customer does not use any Human Pixel Service paid for by the Customer.
Use of Credit Card
4.1 Human Pixel may allow certain recurring charges to be made by credit card.
4.2 If the Customer intends to use their credit card to pay Human Pixel, the Customer must register the relevant credit card account with Human Pixel, which constitutes authorisation to debit the Customer’s credit card for all charges.
4.3 A surcharge for credit card payments may be imposed if the Customer elects to pay via Credit Card and the Customer agrees to the terms and conditions of any third party merchant bank or payment gateway which is used for the processing of the payments.
4.4 If the customer has made payment and makes a request to a third party merchant bank or payment gateway for a ‘chargeback’, the Customer agrees and acknowledges that the Customer is liable to Human Pixel for the charge back amount plus all Loss incurred, either directly or indirectly unless otherwise agreed in writing.
5.1 If payment remains outstanding for an extended period of time, Human Pixel may pass the debt over to a collection agency and the Customer will be liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a full indemnity basis) incurred by Human Pixel for enforcement of obligations and recovery of monies due from the Customer to Human Pixel.
5.2 The Customer agrees and acknowledges that if the Customer has not made payment when it is due and payable pursuant to this Agreement, Human Pixel may record the Customer’s breach of this Agreement to a credit reporting agency, and the credit reporting agency may record the default on the Customer’s credit report.
6.1 The Customer may terminate this Agreement by providing at least four weeks written notice to Human Pixel. Any unused pro-rata portion of monthly service fees beyond this period may at the discretion of Human Pixel be refunded to the Customer.
6.2 Human Pixel may terminate this Agreement:
- by providing four weeks written notice to the Customer;
- immediately & without notice, if the Customer breaches the signed Agreement; or
- if required by Law or Court Order.
6.3 Upon termination of this Agreement, the Customer will be provided with an invoice in relation to any Human Pixel Service used prior to termination. All prior invoices immediately become due and payable upon termination of this Agreement.
6.4 Upon termination of this Agreement, Human Pixel may remove the Customer’s Software from Human Pixel’s computer system or prevent access to the Customer’s Software or other services and where the Customer is the proprietor of the intellectual property, the Customer grants a lien over the Software, any domain name purchased by Human Pixel, the Customer Content and the Customer Data until all moneys which are due and payable are paid in full.
7.1 The Customer may cancel the Human Pixel Service or part of the Human Pixel Service by notifying Human Pixel in writing as per the Termination requirements.
7.2 If the Customer cancels a Web or Application Design or Development Service:
- prior to the project commencing, Human Pixel will not be under any obligation to refund the deposit paid by the Customer;
- whilst the project is in progress, Human Pixel will retain the deposit and bill the Customer for additional time spent till the time of cancellation; and,
- if the project is complete, Human Pixel will not refund the Customer any portion of their payment. The Customer must pay Human Pixel the total amount owing, as per the Proposal and any subsequent accepted changes.