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Terms and Conditions

 
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EASY3D TERMS & CONDITIONS
  • Below are EASY3D Pty Ltd (EASY3D, we, us, the designer) standard terms and conditions. It is vital that you (The User, The Client, client) take time to read through and ensure you understand these terms and conditions and their implications before you commence any project with EASY3D. Please also note that EASY3D may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms or conditions in this document.
  • As a user of our website www.easy3d.com.au (website, the site), you agree not to reproduce, retransmit, disseminate, sell, publish, broadcast, or otherwise use any material from the site without our express prior written consent.
COMMENCEMENT OF WORK
  • The conditions of sale set out below shall apply to all contracts or agreements for the supply of goods or services made with EASY3D. In the event of conflict or inconsistency between these conditions and those which may be included in or implied by any document forming part of an inquiry, specification, order or contract, then these conditions shall prevail unless otherwise varied by EASY3D in writing or by law.
  • Agreement to work with, acceptance of a quotation, or payment of a deposit to EASY3D constitutes agreement to these terms and conditions.
PAYMENT
    FEES FOR SERVICE
  • It is agreed that the fee for service shall be the quoted cost estimate or invoice provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, "The Client" agrees to pay appropriate fees for the excess work outside the scope of the original agreement. Where ever possible, The Client will be notified of increases in the scope of the project.
  • DEPOSIT
  • Unless otherwise agreed in writing by EASY3D, The Client agrees to pay a 50% deposit of the quoted amount to commence any design project. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable.
  • CANCELLATIONS
  • If the deposit has already been paid as a retainer to proceed and we have not yet commenced research, allocated resources or commenced any design work on your project, we will refund your money.
  • BALANCE
  • In the event that works have commenced, The Client agrees to pay for all works completed to that point as per the progress fess schedule below (see SCHEDULE 12.1).
  • The balance of the invoiced amount is to be paid prior to delivery of high resolution or non-watermarked images, or shipment of physical models. Should The Client delay the project time frame past the estimated schedule, EASY3D reserves the right to invoice the work to date and request final payment under the conditions set out in these Terms and Conditions as per the progress fess schedule below (see SCHEDULE 12.1).
PROJECT SCHEDULE
  • The estimated timeframe to complete the project as provided on the Quotation is indicative only and entirely reliant on The Client providing all project brief information, including: AutoCAD .DWG Drawings, Plans, Elevations, Survey Plans, External Colour Schemes, Material Schedules, Interior Furniture Selection, details of any specific property fixtures or relevant product catalogues.
  • Indicative Delivery Time for still 3D Perspectives are 5-15 business days and 4-8 Weeks for Animations, providing all relevant information is provided to EASY3D without delay.
  • Scheduling for a project will begin once the deposit and complete project brief is received. The schedule is based on the assumption that The Client will be prompt with their communications at each stage of the project. Should The Client fail to provide their comments for revisions or approvals within 48 hours we reserve the right to renegotiate the schedule. Should The Client fail to provide any comments for revisions or approvals within 10 business days, we reserve the right to invoice for the work completed as per the progress fee schedule outlined below.
  • Progress Fees Schedule:
    Modelling Completed – 50% of balance minus any deposit due.
    Rendering Completed – 80% of balance minus any deposit due.
    Post Production Completed – 90% of balance minus any deposit due.
    Final Images Completed (in any file size, including watermarked images) – 100% of balance minus any deposit due.
EXCESS WORK
  • This is defined as any work involving additions to the list of items defined in the Project Quotation or changes to finished artwork after acceptance or sign off by an authorised representative of The Client.
  • From time to time The Client will require extra design requirements during a project, or extra files upon completion of a project. The Client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If The Client wishes these alterations to be made they must agree in writing, and a fee of $55 AUD (plus GST if applicable) per hour or a fixed agreed amount will be payable.
  • Should additional design work not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of final design files.
    • Modelling: Client can opt to revise the camera angle or structure at this point. Any requests to change the structures or camera angle after this point may incur additional charges. It is The Clients responsibility to ensure that all structures are correct to scale and shape at this point. Any requests to correct models after this point may incur additional charges.
    • Rendering: Client can make one (1) revision to any material or colour design and/or lighting at this point. Any additional requests to change materials or colour design and/or lighting may incur extra charges.
    • Post Production: Client can opt to revise any landscape elements at this point. Any additional requests to change landscape may incur extra charges.
  • If The Client has not provided a complete project brief as defined above (see SCHEDULE), EASY3D will add colours and materials at our discretion. The Client agrees to accept our design selections or will otherwise pay $55 AUD (plus GST if applicable) per hour or a fixed agreed amount for requested changes to the image.
EXTENDED PROJECTS
  • Any project with a schedule longer than four (4) weeks is classed as an extended project. If the work time exceeds four (4) calendar weeks in duration, The Client agrees to a payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.
APPROVAL OF FINAL ARTWORK
  • While EASY3D takes all care to avoid errors, we accept no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. The Client is to proof read and approve all final copy before the production of artwork.
  • It is agreed that the EASY3D is not responsible or held liable for any errors contained in the final product after the product has been approved by The Client, (approval may be given either verbally or in writing), committed to print or posted in view of the public. EASY3D will not be held responsible for any changes or amendment made after approval. It is the sole responsibility of The Client to notify EASY3D of any such errors during the revision cycle and before the final files have been generated.
DELIVERY
  • Times given for delivery are stated in good faith but are not to be treated as a condition of the sale. EASY3D takes all care but no responsibility in regard to late delivery and no claim shall be made by The Client on account of wrongly delivered material and/or late delivery however caused. Late delivery does not constitute a breach of this contract by EASY3D and The Client is not entitled to cancel the contract because of late delivery. At the point of order receipt EASY3D may quote a delivery date or time, however, this is understood to be indicative only, and cannot be relied upon. Furthermore any delay in delivery shall not excuse or relieve The Client from his obligation to accept or pay for the services.
  • EASY3D will provide the final images in JPEG, TIFF, GIF, PDF, MPEG, QuickTime, MPEG4, CD, and DVD or print only.
  • Delivery will take place by electronic mail (email), File Transfer Protocol (FTP), post on a CD or DVD or in print. Additional fees may apply for certain types of delivery.
  • The Client acknowledges that upon receipt of the goods and services, they are is responsible for inspecting them and notifying EASY3D of any dispute regarding the goods and services within one (1) week of receipt. Refer to LITIGATION for more information.
  • In the event of a Dispute, The Client is required to send written notice to EASY3D and act in good faith to resolve the Dispute.
PRINT - COLOUR VARIATIONS
  • With all printing there may be some colour variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of EASY3D
FORCE MAJEURE
  • EASY3D shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of EASY3D including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
COPYRIGHT
  • In accordance with the Australian Copyright Act (1968), 'licensing of copyright is subject to a mutual agreement made between client and designer'. Copyright will remain property of EASY3D until such time an agreement is in place. As part of EASY3D terms of business, the copyright licence is automatically released to The Client on receipt of final payment for the commissioned work.
  • EASY3D retains full ownership of any design concepts, images and other materials it produces. Once a final image is delivered to a client and full payment is received, complete ownership rights transfer to The Client.
  • EASY3D provides The Client with rights to use the supplied Material however The Client should make no claim or presentation of the work as their own.
  • EASY3D reserve the right to use all paid-for artwork and concepts produced in the course of the project (including those concepts not selected) and revisions in its promotional materials and design portfolio for the purposes of promoting EASY3D in print or digital media portfolios, social media and blogs, except where The Client has specifically requested in writing otherwise.
  • Unused concepts and images remain the property of EASY3D. EASY3D reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, models, colour palettes and other non-exclusive items.
  • EASY3D maintains ownership rights to any underlying instruments used in creation of the materials. This includes product models, colours, textures, image libraries, modelled furnishings, fixtures, vehicles, decorative items or any other product created during the process of delivering the services to The Client.
  • EASY3D reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to The Client prior to purchase if not included in the proposal quote.
  • EASY3D will provide the images in JPEG, TIFF, GIF, PDF, MPEG, QuickTime, MPEG4, CD, and DVD or print only. EASY3D will not provide any 3DS max or Photoshop files.
CLIENT RESPONSIBILITIES
  • It is the responsibility of The Client to ensure that they nominate an authorised representative to approve pricing and provide feedback and approvals on artwork. Should further approvals be required, the authorised representative has the responsibility of distributing images to those parties and collecting feedback for revision or approval.
  • The Client’s authorised representative must provide their comments for revisions or approvals within 48 hours to avoid schedule interference. Refer to section ‘SCHEDULE’ above for further information on client-related delays.
WEB SITE USAGE
  • Neither EASY3D, nor any other party involved in producing or delivering this site, shall be liable for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your use of, access to, or inability to use or access, this web site or reliance on any information provided on this web site. In addition, we shall not be liable for any damages, costs, losses or liabilities to you, or viruses that may infect your computer equipment or other property, by reason of your use of, access to, or downloading of any material from, this web site. We recommend that prior to down-loading any file; you carry out appropriate virus checks as we will not be responsible for any virus transmitted through this web site.
  • From time to time, we provide hypertext links to a number of other web sites as a service to users of this web site. This service does not mean that we recommend or endorse those sites or material on them in any way, and we make no representation as to the accuracy or any other aspect of the information contained on those web sites.
  • Unless otherwise indicated the contents of this web site are copyright and are owned by EASY3D. You are permitted, for non-commercial and personal use only, to copy and print out any material placed on this web site. Any material copied from the web site remains subject to copyright© or other proprietary notices. All other use, copying or reproduction (including, without limitation, commercial use or sale of the material) of any part of this web site is expressly prohibited without our prior written consent.
LIABILITY & LITIGATION
  • The Client warrants that they have the rights to all materials supplied to EASY3D for modelling and rendering and that the usage or inclusion of these materials in any goods or services supplied by EASY3D will not infringe the intellectual property rights of any third party.
  • EASY3D will be not held liable for infringement or unauthorised use of any intellectual property provided by The Client for use in development of the product supplied by EASY3D.
  • The parties agree that the architectural rendering services provided by EASY3D represent indicative drawings only and may not accurately portray details including but not limited to the dimensions, construction material, furnishings, fixtures, paints, colours, landscape, vegetation or overall appearance of the constructed property or surrounds.
  • Under no circumstances shall EASY3D be liable to The Client for an indirect or consequential loss suffered by The Client relying on the information included in the goods and services prepared by EASY3D including (without limitation) loss of profit, loss of contracts or other economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the goods and services only, excluding claims for delays, out of sequence working, non-productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
  • The liability of EASY3D, its employees, and subcontractors to The Client shall not exceed the amount of the fee for services rendered regardless of the legal theory under which such liability is imposed.
  • EASY3D shall not be under any liability whether in contract, tort or otherwise for any injury, damage or loss, including consequential damage or loss whether to persons or property, arising out of the Contract or the products supplied pursuant thereto including any defects therein or workmanship thereof.
  • The parties agree that the terms of the Contract between them may only be varied, modified or deleted by written agreement.
  • In the event of any of the clauses or sub-clauses of the Contract being held to be invalid or ineffective by any court for any reason whatsoever the Contract shall be construed and shall be binding on the Parties as if the offending clause, sub-clause, or condition has been deleted from the Contract altogether.
  • The waiver by any party of a breach or default of any provision of the Contract by the other party is not to be construed as a waiver of any succeeding breach of the same or other provisions. Any delay or omission on the part of either party to exercise or avail itself of any right, remedy or power hereunder does not operate as a waiver of any breach or default by the other party.
  • All notices or other communications under the Contract shall be in writing and may be served personally, by post, by electronic mail (email), or by facsimile transmission to the address of each party as disclosed in the Contract (Quotation). Service shall be deemed to have taken place:
    • By personal delivery, on the date of such delivery;
    • By post, at the close of business on the second business day after posting; and
    • By facsimile or email, when receipt is acknowledged.
  • Any dispute or difference whatsoever arising out of or in connection with this contract shall, if unresolved fourteen (14) days after notification by either party, be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia rules for Mediation and Conciliation.
  • If a dispute or difference is not settled within 30 days of the submission to mediation (unless such period is extended by agreement of the parties), it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia rules for the Conduct of Commercial Arbitrations.
  • The Contract will be governed by the laws of Victoria and the parties agree that they will submit to exclusive jurisdiction of the Courts of Victoria and Courts entitled to hear appeals from those Courts
  • All costs, expenses, fees and charges incurred by EASY3D in regard to any action taken to any claim under the Contract against The Client shall be borne by The Client on a full indemnity basis.
 
 
 
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Terms and Conditions