Terms and Conditions of business
Product means any Website, or Video (including the animation comprised therein) and ancillary Video services, or Still Image, or Computer Generated 3D Model, or Photography, or consultancy or any other work done by Offplan3d in connection with the Product.
Service means the supply of the Product.
Offplan3d means Mr D.C.Stevens t/a Offplan3d.
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quotation then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Any terms and conditions on any Purchase Order issued in conjunction with the quotation shall be for reference purposes only and shall not become a part of the terms and conditions of the contract.
2. Charges
Charges for services to be provided by Offplan3d are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 60 days. Offplan3d reserves the right to alter or decline to provide a quotation after expiry of the 60 days.
3. Client Review and sign-off
Offplan3d will provide the Client with various opportunities to review the appearance and content of the products or services during the production phase and once the overall development is completed. If no mistakes are reported and changes requested, such materials will be deemed to be accepted and approved unless the Client notifies Offplan3d otherwise within seven (7) days of the date the materials are made available to the Client.
4. Turnaround time
Offplan3d will supply the Client’s product or service by the date specified in the project quotation, unless a delay is specifically requested by the Client and agreed by Offplan3d. In return, the Client agrees to delegate a single individual as a primary contact to aid Offplan3d with progressing the commission in a satisfactory and expedient manner.
During the project, Offplan3d may require the Client to provide content; text, images, videos and sound files to aid in the completion of the product.
5. Failure to provide required content
Offplan3d is a small business and to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
If you agree to provide us with the required content and subsequently fail to provide it within one week we reserve the right to close the project and the balance remaining becomes payable immediately. You should factor this into project commencement date, allowing yourself enough time to prepare content.
6. Additional expenses
Client agrees to reimburse Offplan3d for any additional expenses necessary for the completion of the work e.g. purchase of fonts, stock photography, stock video, 3d models etc. unless these items have been included in the price quote.
7. Design credit
The Client also agrees that the Product or Service developed for the Client may be presented in Offplan3d’s website portfolio.
8. Termination
Termination of Offplan3d’s services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
9. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Offplan3d the rights to publish and use such material solely in the production of the product or service.
The Client must obtain permission and rights to use any information or files that are copyrighted by a third party (e.g architectural plans or CAD models supplied by the Client to Offplan3d). The Client is further responsible for granting Offplan3d permission and rights for use of the same and agrees to indemnify and hold Offplan3d not liable from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
A contract for a Product or Service shall be regarded as a guarantee by the Client to Offplan3d that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Any artwork, photograph, video, in-video graphics, animation, voice over, music track (excluding Third Party Products) prepared by Offplan3d (unless provided by the Client or a Distinctive Customer Feature) in the Product or Service, are the exclusive copyright property of Offplan3d until the Client has paid the final invoice in full.
10. Payment
The Brief (a set of instructions about a job) and description of the final Product will have been agreed between the Client and Offplan3d before work is commenced. A price quote or an hourly rate will also be given to the Client via email.
Deposit- A payment of 10% of the full quoted price for the Product is payable before production can begin.
For quoted Products of under £1000 a single payment for the remaining 90% of the quoted price is payable upon completion of the Product.
For quoted Products of over £1000 a multi-part payment scheme shall be agreed.
Full payment for the Product is required after completion of the Product but before the final Product is delivered and copyright is transferred to the client. A full resolution watermarked copy of the final Product will be supplied with the invoice.
An invoice will be provided by Offplan3d upon completion of the Product. Invoices are sent via email unless otherwise requested.
Payment for products or services are due by bank transfer within 7 days of the invoiced date. Offplan3d’s bank details will be made available on our invoices.
11. Default
Invoices unpaid by end of the next month from the date issued will be considered in default.
Default accounts will incur an interest charge of eight and a half percent (8.5%) PA of the total amount due plus a late payment fee of-
Up to £1,000- £40 Fee
Over £1,000- £80 Fee
Cheques returned for insufficient funds will incur a return charge of £25 and the Client’s account will be considered to be in default until full payment is received.
12. Debt recovery
Clients with accounts in default for over thirty (30) days agree to pay Offplan3d reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Offplan3d in enforcing these Terms and Conditions. The statutory right to claim compensation recovery costs and entitlements being made from legislation on 16 March 2013.
If the Client in default maintains any information or files on Offplan3d’s data storage, Offplan3d will, at its discretion, remove all such material. Offplan3d is not responsible for any loss of data due to the removal. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
13. Liability
Offplan3d hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy; Loss or damage caused by omission; Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the video; Loss or damage to clients’ artwork/photos, supplied for the product or service. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Offplan3d to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the product or service under this Agreement in respect of which the breach has arisen.
14. Indemnity
All Offplan3d products and services may be used for lawful purposes only. You agree to indemnify and hold Offplan3d not liable for any claims resulting from your use of our service that damages you or any other party.
15. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
16. General
These Terms and Conditions supersede all representations, understandings or agreements.
17. Governing Law
This Agreement shall be governed by English Law.