Standard Terms of Business of Pyxis Media Ltd
Pyxis Media Ltd (hereinafter referred as Pyxis)
Billing & payment
Pyxis issue printed invoices: payment terms are seven days from the date of invoice by BACS. Pyxis can accept payment directly in Sterling, US Dollars and the Euro. All proposals are quoted in Sterling (UKP) and payments will be made at the equivalent conversion rate at the date the transfer is made. The client agrees to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our invoice.
Pyxis reserves the right to charge interest on all overdue debts at the rate of 2% per month or part of a month.
Value Added Tax (VAT)
VAT is chargeable on all services and expenses for all Isle of Man and UK clients. Those in the European Union will not be charged VAT providing they produce a valid VAT registration certificate and registration number for the country concerned.
Proposals remain valid for 28 days from the date of issue unless otherwise stated.
Any notices to be given to the client at their head office and to Pyxis at their registered office. These terms shall be governed by and construed in accordance with the laws of the England and the Isle of Man. Parties hereby submit to the non-exclusive jurisdiction of the English and Isle of Man Courts.
Project variation notices
Where variations to an agreed programme of work is specified by the client, and these variations are agreed to be likely to result in an increase in the chargeable hours, costs or expenses, a variation notice setting out the nature of the variation and the estimated adjustment to the budget, will be issued. Once issued, such a variation notice must be signed as agreed by the client prior to Pyxis personnel being required to perform work resulting from the variation notice. Any work undertaken under a variation notice will be billed monthly in arrears.
Direct costs and expenses
Unless specifically included in the proposal, expenses are payable in addition to the proposed fee. Expenses will be agreed in advance within an approved budget and billed, at cost, monthly in arrears. A full mileage and expenses schedule will be provided with the monthly invoice. All rates below are exclusive of VAT.
Mileage: £0.50 per mile
Accommodation outside M25 (per person per day): £75
Sustenance overnight (per person per day if overnight stay is required): £35
Accommodation within M25 (per person per night): £95
International accommodation: At cost
Printing / postage / copying / other disbursements: At cost
Trains / taxis / flights (economy class): At cost
Where appropriate for the effective delivery of the work, Pyxis may engage additional staff or subcontract aspects of the service. Any change to these arrangements will be discussed and agreed with the client in advance. It is unlikely that we will need to use any third-party consultants.
From time to time there may be a requirement for Pyxis to procure services or equipment outside the scope of its normal operations (for example: trade mark attorneys). This will be carried out against a specification agreed with the client. The contract for the chosen services or equipment and responsibility for the quality of the delivered services or equipment will be directly with the client unless otherwise stated.
The client allows use of their name and a description of the work undertaken in publicity material, press releases, websites and other media produced from time to time by Pyxis. Use of detailed descriptions of the work will be subject to acceptance by the client and bound by the confidentiality agreement.
The copyright of all intellectual property contained in all images, documents, presentations, conceptual artwork research material provided to the client is wholly owned by or Pyxis wholly owns research material provided to the client unless specifically stated. Use of any of this material is strictly limited; if unsure you should contact Pyxis. Pyxis will be credited in full as author and copyright holder in all subsequent use of such materials. Furthermore, Pyxis will be free to make future use of the general market intelligence and research findings obtained during the contract.
As the client, you will have complete copyright over the finished product, files, images and all agreed deliverables (such as completed comps and wireframes).
The Pyxis website is governed by a separate agreement.
In the event of either party being in material or fundamental breach of any of the terms and conditions of business the other may forthwith terminate the contract if the breach is incapable of remedy, or if it is capable of remedy the aggrieved party shall serve on the other seven days notice requiring such a breach to be remedied and, if such a breach is not remedied within the seven day period the contract shall automatically terminate.
In the case of dispute both parties agreed to abide by the decision reached by an independent mediator. The cost of mediation will be borne by the party against whom the judgment is made, or shared if no or equal fault is found.
Payment for any work is still due up to and including the day that the breach is notified.
The company is registered with the data protection supervisor number Z1965303.
Computer data is backed up daily both on site, and on our dedicated servers at a secure data centre offsite.
Email and files are continuously checked for viruses but our responsibility is limited and governed by a separate agreement. Mail is also virus checked, cleaned and ‘spam’ removed by Cloudmark spam filter.
Comprehensive policies including those on equal opportunities, employment, environment and health and safety can be viewed upon request.
Pyxis hereby agree to treat as secret and confidential and not at any time for any reason to disclose or permit to be disclosed to any person or otherwise make use of or permit to be made use of any unpublished information relation to the client’s technology or other know-how business plans or finances or any such information relating to any subsidiary, supplier, customer or client of the client and to deliver up to the client all working papers, computer discs and tapes or other material and copies provided to or prepared by us or our employees should the current discussions terminate. Pyxis further agrees to procure that our employees observe the terms of this clause.
Pyxis is comprehensively insured through Hiscox Insurance Company Limited. The main levels of cover are quoted below but the full policy schedule, specific policy wordings, exclusions and levels of cover can be supplied on request.
PROFESSIONAL INDEMNITY INSURANCE
Pyxis holds UK wide professional indemnity insurance to a level of £ 500,000 (plus costs and expenses).
PUBLIC LIABILITY INSURANCE
Pyxis holds EU wide public liability insurance to a level of £ 5,000,000.
EMPLOYERS LIABILITY INSURANCE
Pyxis holds worldwide employers liability insurance to a level of £ 10,000,000.