By entering into any contract or agreement with 3D Rendering Group Limited (Company number No 12497945) (‘the Company’) for computer generate images (‘CGIs’) including without limitation ordering any CGIs through the 3dfordevelopers.co.uk, 3dfordevelopers.com, realify.co.uk or any other Company or related entity’s website offering to provide CGIs (‘theWebsite’) (hereinafter referred to as your ‘Contract’ with theCompany), you hereby agree to abide by, comply with and be legally bound by the terms and conditions set out below (these ‘Terms and Conditions’).
These Terms and Conditions are hereby incorporated by reference into your Contract. To the extent that any provision of theseTerms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract.
The Company reserves the right to modify, amend, update and change these Terms and Conditions from time to time with notice via email or other means. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that the Company shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.
QUOTATION:
The Company will provide you with a quotation for the CGIs you require (‘the Product and Services’) which shall be subject to these Terms and Conditions (‘the Quotation’).
PAYMENT:
At the time of placing an order for the Products and Services through the Website or by accepting a Quotation (‘Your Order’), you agree to pay a 50% deposit of the total amount of the Products and Services under your Contract at the time of Your Order. A further payment of 25%of the Products and Services will be payable at the time of first delivery of your CGIs and the remaining 25% shall be payable prior to the release of the final high-resolution CGIs.
The Company shall be entitled, in its sole and absolute discretion, to withhold any Products or Services it is otherwise obligated to deliver or provide under your Contract until such time as payment in full has been received.
YOUR INPUT AND SPECIFICATIONS AT THE START OF THE PROJECT
The Company will provide you with a request for plans, specifications and guidelines for your CGIs. This request will be provided to you by way of an email or a form at the time the Company has received Your Order (‘YourInput’). You agree to provide YourInput within 5 business days after you have placed Your Order. In the event, you fail to provide Your Input within 5 business days, the Company may refund Your Order less a service charge of £100 (includes processing charges and discourage misuse of our Products and Services).
The Company will review Your Input and may ask for further instructions. In the event, you fail to provide further instructions as requested within 5 business days, you are acknowledging a wilful waiver of client input, and give your consent for the Company to exercise its full interpretation with the Company being held blameless for any CGIs which may result, in the unfortunate event that you are not satisfied with.
DELIVERY AND ACCEPTANCE:
The Company shall deliver a first draft of theProducts and Services to a temporary location designated by the Company (‘theFirst Draft’) and will notify you via e-mail of the date of the delivery of the First Draft including the manner in which you may access the temporary location for the purposes of reviewing the Product and Services. The date of delivery of the First Draft shall be the relevant date of the receipt of the First Draft.
You shall have 5-business days from the date of delivery to the temporary location to notify the Company of any reasonable revisions you wish to make to the Product and Services.
Unless agreed otherwise by the Company in writing, your failure to notify the Company in writing of your reasonable revisions of the Product and Services within the 5-business day period shall constitute your acceptance of the Products and Services.
The Company shall use commercially reasonable efforts to amend the Product and Services as soon as practicable.
Upon your acceptance of the final Product andServices, the Company shall release and deliver the Products and Services, to the temporary location and in the following formats: JPEG, PDF and if requested,PNG
Your Order will be determined to be closed if we do not have written, phone or in person contact from 60 days from the last revision. Your Order may be re-opened only upon the Company’s discretion.
REFUND POLICY:
Subject to the refund policy set out in theseTerms and Conditions, we guarantee your 100% satisfaction with our Products andServices or your money back minus a £100 service fee (includes processing charges and discourage misuse of our services) (‘the Service Fee’).
In the event that you are not satisfied with the First Draft, and a written request for a refund has been provided to hello@3dfordevelopers.co.uk, the Company shall refund the First Payment less the Service Fee within 30 days from receipt of the refund request.
A refund only applies if there have been no requests for changes or revisions. Otherwise, if any revisions, redraws or similar requests are made, no matter how minor, you are assumed to have consented with proceeding forward with the Products and Services and thus waiving your right for a refund under these stated provision.
A refund will be issued upon request, EXCEPT in the following cases:
1. Refunds do not apply if we do not hear back from you for more than 5 days from the date of delivery the First Draft;
2. Refunds do not apply to Products and Services where you have requested any changes and/ or alterations;
3. Refunds do not apply if you have approved a Product or Service;
4. Refunds do not apply to any additional Products or Services requested after Your Order;
5. Refunds do not apply if client has made any request which is out of scope or not properly defined Your Input.
How the money will be transferred?
If you have paid using your credit card – the money will be transferred back to your credit card account. It may take up to 14 business days before the money may be refunded to your credit card.
PROPRIETARY RIGHTS:
You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to the Company in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, images, designs, logos and similar materials or information.
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT IT HAS THE EXCLUSIVE RIGHT, TITLE AND INTEREST IN AND TO THE PRODUCTS AND/OR SERVICES PROVIDED TO YOU OR THAT SUCH PRODUCTS AND/OR SERVICES DO NOTAND WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. THE COMPANY WILL NOT TAKE ANY ACTION IN FURTHERANCE OF PROTECTING THE PRODUCTS AND/OR SERVICES TO BE DELIVERED UNDER YOUR CONTRACT, AND WILL DELIVER THE SAME ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY AS TO YOUR ABILITY TO USE SUCH PRODUCTS AND/OR SERVICES OR TO OBTAIN TRADEMARK, COPYRIGHT OR SIMILAR PROTECTION OF SUCH PRODUCTS AND/OR SERVICES, IN ANY JURISDICTION.
Upon your acceptance of the product or service and the Company’s receipt of payment in full therefore, the Company will assign, convey, transfer and deliver all of its right, title and interest in and to the products and/or services developed by the Company to you under the terms of your Contract. Any products or services, including samples, rejected or otherwise not delivered by the Company and accepted by you shall at all times remain the property of the Company and you shall have no right in or to such products or services.
The Company retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by theCompany for display and self-promotional purposes, regardless of your acceptance and the Company’s delivery of the same to you.
TERMINATION:
The Company reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, Your Order for any product or service offered by the Company, your Contract and/or your access to the Company Site website, at any time and without prior notice. You agree that the Company shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract or your access to the Company website. In the event that theCompany rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, the Company will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order.
DISCLAIMER OF WARRANTIES:
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, CODES, PRODUCTS, SERVICES, TEXT, CGIs OR OTHER ITEMS AND MATERIALS PROVIDED OR MADE AVAILABLE BY THE COMPANY ARE PROVIDED ‘AS IS’WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY THAT ITS PRODUCTS OR SERVICES WILL BE PROVIDED IN A TIMELY AND SECURE MANNER, OR WITHOUT ERRORS OR DEFECTS, OR THAT ITS PRODUCTS OR SERVICES WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. THE COMPANY DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY THE COMPANY WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER,AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS,LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TOYOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY THE COMPANY TO YOU, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT,UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TOTHE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, THE COMPANY’S LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR THE COMPANY’S PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO THE COMPANY UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.
INDEMNIFICATION:
You agree to indemnify and hold the Company, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by the Company in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by yourContract, or (ii) your use of any of the products or services provided by theCompany pursuant to your Contract.
COPYRIGHT AND TRADEMARKNOTICES:
All intellectual property of the Company, including all website screens and portions thereof, CGIs, original text elements, site design, logos, pictures and icons, as well as the selection, format and Organisation thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by the Company in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of the Company is strictly prohibited.
GENERAL:
These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and the Company regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and the Company regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms andConditions shall be binding upon the Company unless otherwise agreed to by the Company in writing. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or un enforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
JURISDICTION:
This Agreement is governed by the laws of England and each Party submits to the jurisdiction of courts exercising jurisdiction England in connection with matters concerning this Agreement.
