General Terms and Conditions:

For SURREND3R products and services

These general terms and conditions apply to all orders of digital architectural visualization products and services ordered by you, the client, from SURREND3R, registered at Tweede Oosterparkstraat 266 - Amsterdam, registration number 77936876.

By placing an order, you agree to be bound by these Terms.

1. Definitions

Project: the agreed scope and package of architectural visualization work in which SURREND3R produces the Product.
Order: legal agreement between the parties in which the schedule, products and fees are agreed, and hereby a binding order is placed by the Client.
Product: the final deliverable of a project, which typically includes images (jpg), animation (mp4) or VR. Assets used in production are not part of the product.
Asset: any digital materials, e.g. models, textures, surfaces, cutouts, music, stock images or videos, that are used by SURREND3R to produce the final product.
Schedule: defines project start date, delivery date and deadlines in between.
Confidential Information: any information marked as confidential or declared to be confidential by a party.
Starting Package: the materials defined in the order form that is required by SURREND3R to start a Project.

2. Material delivery

Up front to the assignment, the project should be clearly explained: the project concept and characteristics as well as a detail description of the materialization (more detailed in Workflow guide). This should be delivered at the beginning of the assignment. Otherwise if there is lack of information, we will not be responsible for any free interpretations. Additional work that follows from the lack of information will result in extra costs.

3. Standard product delivery format

Final Products are always delivered digitally. Delivery channels may include: E-mail, Google Drive, WeTransfer, or other requested transferring channels.

File formats:

-Image: JPG (3840x2160 pixels resolution or similar in relation to the aspect ratio)
-Animation: MP4
(1920x1080 resolution)
-VR: upon agreement and technical details

Raw and/or editable files, such as PSD files produced by SURREND3R, are not part of the deliverables.

Specific or other pixel resolutions are possible and should be requested before a project begins so we can plan accordingly.

Additional “simplified” renders, such as scenes without characters or signs/verbiage, may have additional costs associated to produce since they often require re-rendering and adjustment to post-production layers. These types of renders should be requested before a project begins so we can plan accordingly.

4. Additional works not covered by the original order

Modifications to scope, schedule, workflow or additional comment rounds after delivery, always imply additional costs and are subject to a new development schedule.

Modifications to starting package elements, such as: insufficient model, heavy model / design changes during production, custom furnishings and design elements and unplanned additional modeling time, always imply additional costs and can impact the development schedule. The client is required to alert SURREND3R to any major changes in schedule, timing, or scope as soon as they become aware.

SURREND3R will always inform the client of these additional costs in advance before commencing the work.

5. Project completion

After delivery the client has 3 working days to raise any specific issues, concerns or complaints about the final products or services, and indicate the exact changes required to rectify the issues. The client does not have the right to reject the final product without specifying any issues. In case of not receiving any communication from the client during this 3-working-day period then the order is considered to be fulfilled and the invoice will be issued to the client.

6. Exclusivity in case of competitions

It is the client’s responsibility to indicate that they require SURREND3R to work on their project exclusively (e.g. in case of an architectural competition). Such requests for exclusivity must be made in writing when requesting a quotation.

7. Tight deadlines

Tight deadlines must be agreed at the begining of the assigment. In this situations, we require your feedback as soon as possible, with a maximum period of 2 days (be aware that during this time we are waiting for your comments, so earlier is always better). If you are unable to answer in the given time period we can not guarantee that the set deadline will be met on time. (It will not be SURREND3R responsibility anymore.)

8. Change of schedule

We kindly ask to respect, as much as possible, the agreed timeframe. If a project schedule is changed by the client it has a significant impact on SURREND3R’s operations. In case of change of schedule SURREND3R may not be able and is not obliged to meet the original deadline.

IF THE PROJECT IS DELAYED

- If the project is unintentionally delayed by the client due to missed deadlines of the schedule during production (e.g. late delivery of the starting package or assets, late comments or failure to comment) it can result in late delivery, amended schedules or less comment rounds during the project. Nevertheless SURREND3R will make all efforts to meet the original schedule if possible.

- If the project is intentionally postponed or rescheduled by the client after the job was accepted by the client, Then SURREND3R will charge a fee. Fee will be based on: time reservations, rejections to other clients due to this job, etc.... This sum will up to 20% of the total agreed amount.

IF THE PROJECT IS MOVED FORWARD

- If the project is intentionally moved forward (which means a shorter timeframe and delivery date), We will charge a considerable extra costs. (Therefore we suggest to reserve enough time for us to complete our job). In this situation, we are not responsible for any variations in quality/details of the produced images. You accept this risk when moving foward the agreed delivery time. This sum will be between a minimun of 50% up to 100% extra of the total agreed.

If the client meets the agreed deadlines on time, SURREND3R is not entitled to change the schedule without prior written approval from the client.

9. Cancellation

If a project schedule is cancelled by the client it has a significant impact on SURREND3R’s operations.

In case of project cancellation after the job was accepted by the client, Then SURREND3R will charge a fee. The fee will be based on: time reservations, rejections to other clients due to this job, etc.... This sum will up to 30% of the total agreed amount. Also any work done prior to cancelation and after agreement to start the assignment will be charged by SURREND3R.

10. Payment Terms

The payment term is 15 days after the issue of the final invoice, even if the client has not received payment from their client. SURREND3R reserves the right to involve debt collectors if the Client does not settle the invoice upon written notice.

11. Copyrights

SURREND3R respects the intellectual property rights of our clients and other third parties and expects our clients to do the same when using our products and services.

Client’s copyright - Any materials, including but not limited to models, references, digital assets or music, sent by the client remains the intellectual property of the client. It is the client’s responsibility to ensure and guarantee that they have the necessary rights and permissions to send such materials to SURREND3R. After project completion SURREND3R will return and/or delete these materials upon request of the client.

SURREND3R’s copyright - Any materials produced by SURREND3R in the course of the project, including but not limited to images, movies, music and models, are the intellectual property of SURREND3R.

There is the possibility of buying the intellectual properties. This will be agreed upon the beginning of the assignment.

12. Media and publications

Please always quote “SURREND3R” among the project’s credits - or next to the images -when you share and publish our work, both on the internet and on paper. Please do not use draft images for any kind of publication as it might damage us.

SURREND3R will use the images, animations and VR for PR work. Therefor can be publish on our website or social media. In general, SURREND3R will inform the client first. In case of a period of secrecy for competitions or other special cases, client must inform us upfront to the assignment. SURREND3R does not take any responsibilities when the client fails to communicate this with us.

If the images can not be published at all, client must buy the intellectual property that belongs to SURREND3R.

13. Licensing

After payment of the invoice SURREND3R grants the client a limited, irrevocable, perpetual, non-exclusive, non-transferable, royalty-free license to use the product without any modifications for their purposes. The Products may only be modified or transferred to third parties by written permission from SURREND3R.

Unless otherwise agreed in the Order, the Assets, Work Files used to produce the end Products are not part of the above license. The Client may request these Assets to be licensed, in which case SURREND3R will negotiate a separate license agreement and fee with the Client

14. Attribution

SURREND3R reserves the right of attribution for all products produced by SURREND3R. The client agrees to give due credit to “SURREND3R” as the copyright holder of the Products. SURREND3R agrees to give due credit to the Client.

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