TERMS OF SERVICES
By using IP Golovanova Anna Igorevna (hereinafter – "3DANNA", or the Contractor) services, you (hereinafter – the Client) agree to these conditions.
1. Definitions
Object - properties, specified by the Client, requiring 3D modeling and 3D visualization works.
3D modeling - creation of 3D models of the Object and / or its interior.
3D visualization - making 3D renderings.
Information materials - materials provided by the Client such as: text, graphics, and electronic materials necessary for the execution of works.
Draft renderings - computer-generated images (or videos) of the Object, performed by the Contractor. Draft renderings can be noisy, low-res, and contain other imperfections. The main goal of draft renderings is to give the Client the possibility to require changes if needed.
Final renderings - computer-generated images (or videos) of the Object, performed and delivered by the Contractor. The standard specifications are (unless otherwise agreed by the parties):
for images:
- Resolution 1920x1080px
- .PNG format
- sRGB color space
for videos:
- Resolution 1920x1080px
- mp4 container
- 30fps frame rate
- sRGB color space
- h264 video codec
2. Scope of the Agreement
2.1. The Contractor hereby undertakes to perform 3D modeling and 3D visualization of the Object on behalf of the Client, and the Client undertakes to accept and pay for these works.
2.2. The exact composition and volume of the works performed, as well as their technical characteristics, depend on the service package agreed on by the Parties in writing via emails, text messages, or invoices.
2.3. The Object's specification and turnaround time shall be agreed on by the Parties in writing via emails, text messages, or invoices.
3. Rights and obligations of the parties
3.1. The Contractor shall:
3.1.1. Perform the works in accordance with the terms of the Agreement within the agreed on time frame.
3.1.2. Inform the Client on the progress of the works upon request.
3.1.3. Submit the draft and the final renderings for the Client's approval by email.
3.2. The Contractor is entitled (to):
3.2.1. Not to proceed to works until the Client's advance payment and provision of Information materials.
3.2.2. In case of delayed advance payment by the Client, request approval the new turnaround time frame.
3.3.3 In case of rude, disrespectful communication or gross violation of the rules established by these document on the part of the Client, refuse to provide any further services. Prepayments and money for services will not be refunded in this case.
3.3. The Client shall:
3.3.1. Provide the Contractor with the required Information materials;
3.3.2. Pay for the works performed within the deadlines set forth herein.
3.4. The Client is entitled (to):
3.4.1. Get acquainted with the progress of the works.
3.4.2. Require changes to the works performed; while if the changes are material, the parties shall come up with a new agreement about the price and the turnaround time frame (see paragraph 5.4)
4. Financial terms
4.1 The cost of the works shall be agreed by the Parties in written via emails or text messages. The Contractor shall make out an invoice to be reimbursed by the Client.
4.2. The payment shall be made in the following manner:
5. Manner of execution and acceptance
5.1. The Works are carried out in two steps: draft renderings and final renderings. The Contractor shall submit the result of each step for the Client's approval. Two iterations of adjustments for draft renderings are included free of charge. Adjustments for each iteration should be organized by the Client in one email. Only adjustments that should help the Contractor to make renderings closer to the agreed requirements are acceptable. The Client shall not request changes in the architecture of the building, significant changes in the interior, exterior or landscape design, time of the day on the rendering, or any technical specifications of the rendering without additional agreements on time frames and costs.
5.2. The Client shall approve the renderings within three (3) business days. In this period the Client shall make one of the following decisions:
a) approve the renderings;
b) (in case of draft renderings) approve the draft renderings generally and offer the applicable adjustments;
c) (in case of draft renderings) inform the Contractor, that he will need more time to decide what changes need to be made. The Client shall pay for the work that was done by this time by the Contractor. All the time frames shall be renegotiated by the parties.
d) reject the renderings.
5.3. If within the prescribed period the Client has not taken any decision regarding the renderings, the renderings shall be considered approved, and the works - performed in full and correctly, and services provided by the Contractor are subject to payment.
5.4. If adjustments offered by the Client for the draft renderings are material and are not based on the requirements, agreed by the parties before the prepayment, the parties shall come up with a new agreement with new terms and cost.
5.5. The Client has the right to reject the draft renderings in the event of a complete requirements mismatch, provided that the revealed shortcomings (inconsistencies) can not be eliminated by adjustments. Payments made by the Сlient are not refundable in this case. The Client and the Contractor shall no longer be bound by the agreements.
5.6. The Contractor shall submit the draft or the final renderings for the Client's approval by email. All the renderings can be protected with a watermark until the full payment will be transferred by the Client.
5.7. Approval of the renderings in the manner provided herein, is sufficient proof of the works proper performance. No claims can be accepted after the final renderings approval.
5.8. The period of time between the submission of the draft or final renderings to the Client and his approval shall not be included in the overall turnaround time.
6. Intellectual Property
6.1. The exclusive right to the final renderings belongs to the Client, subject to and from the date of full payment for the works performed by the Contractor.
6.2. The Contractor is entitled to use the final renderings in all countries of the world, without paying any compensation or mention of the Client, in its portfolio or ads, distributed by any means (via the Contractor's Internet site, in brochures, media and etc). If the Client does not agree with this, he shall notify us before starting the project.
6.3. If the Client rejects or refuses to pay for the renderings, the exclusive right shall not be transferred to the Client and the Client shall not be entitled to use the draft or the final renderings in any ways.
7. Liability of the Parties
7.1. The Parties shall be liable for non-fulfillment and improper fulfillment of this document in accordance with Russian legislation and this document.
7.2. In case of delayed delivery of the renderings caused by the Contractor, the price of the works shall be reduced to 10% of the cost.
7.3. In case of delayed payment, the Contractor is entitled to demand the Client's payment of the penalty in the amount of 2% of the unpaid amount for each day of delay.
7.4 . The Contractor shall not be liable for any losses or opportunity costs resulting from the Client using the services, renderings, any other products or information provided by the Contractor or actions or inactions taken by the Contractor.
8. Force majeure circumstances
8.1. The parties shall be relieved from liability for failure or improper fulfillment of obligations hereunder in the event of force majeure, ie extraordinary and unavoidable circumstances, which are defined as forbidden actions of the authorities, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires or other natural disasters.
8.2. The party that fails to perform its obligations hereunder in the event of force majeure shall immediately inform in writing the other party of the beginning and termination of the circumstances mentioned above, but, in any case, not later than three (3) business days after the beginning or termination of their action. The late notice of the occurrence of force majeure circumstances deprives the corresponding Party of the right to exemption from contractual obligations due to these circumstances. Notice of the commencement and termination of force majeure circumstances shall be documented by the competent state institutions.
8.3. Should such force majeure last longer than 3 (three) months, each party has the right to early termination of the agreement.
9. Updating of the Terms of Services
The Contractor has right to update this document and inform the Client about the changes by email. All new or changed conditions of the Terms of Services shall be applied to new agreements between the Client and the Contractor.
Last update: 23 October 2020
1. Definitions
Object - properties, specified by the Client, requiring 3D modeling and 3D visualization works.
3D modeling - creation of 3D models of the Object and / or its interior.
3D visualization - making 3D renderings.
Information materials - materials provided by the Client such as: text, graphics, and electronic materials necessary for the execution of works.
Draft renderings - computer-generated images (or videos) of the Object, performed by the Contractor. Draft renderings can be noisy, low-res, and contain other imperfections. The main goal of draft renderings is to give the Client the possibility to require changes if needed.
Final renderings - computer-generated images (or videos) of the Object, performed and delivered by the Contractor. The standard specifications are (unless otherwise agreed by the parties):
for images:
- Resolution 1920x1080px
- .PNG format
- sRGB color space
for videos:
- Resolution 1920x1080px
- mp4 container
- 30fps frame rate
- sRGB color space
- h264 video codec
2. Scope of the Agreement
2.1. The Contractor hereby undertakes to perform 3D modeling and 3D visualization of the Object on behalf of the Client, and the Client undertakes to accept and pay for these works.
2.2. The exact composition and volume of the works performed, as well as their technical characteristics, depend on the service package agreed on by the Parties in writing via emails, text messages, or invoices.
2.3. The Object's specification and turnaround time shall be agreed on by the Parties in writing via emails, text messages, or invoices.
3. Rights and obligations of the parties
3.1. The Contractor shall:
3.1.1. Perform the works in accordance with the terms of the Agreement within the agreed on time frame.
3.1.2. Inform the Client on the progress of the works upon request.
3.1.3. Submit the draft and the final renderings for the Client's approval by email.
3.2. The Contractor is entitled (to):
3.2.1. Not to proceed to works until the Client's advance payment and provision of Information materials.
3.2.2. In case of delayed advance payment by the Client, request approval the new turnaround time frame.
3.3.3 In case of rude, disrespectful communication or gross violation of the rules established by these document on the part of the Client, refuse to provide any further services. Prepayments and money for services will not be refunded in this case.
3.3. The Client shall:
3.3.1. Provide the Contractor with the required Information materials;
3.3.2. Pay for the works performed within the deadlines set forth herein.
3.4. The Client is entitled (to):
3.4.1. Get acquainted with the progress of the works.
3.4.2. Require changes to the works performed; while if the changes are material, the parties shall come up with a new agreement about the price and the turnaround time frame (see paragraph 5.4)
4. Financial terms
4.1 The cost of the works shall be agreed by the Parties in written via emails or text messages. The Contractor shall make out an invoice to be reimbursed by the Client.
4.2. The payment shall be made in the following manner:
- 50% as an advance payment;
- 50% after the final renderings approval by the Client in accordance with this Agreement.
5. Manner of execution and acceptance
5.1. The Works are carried out in two steps: draft renderings and final renderings. The Contractor shall submit the result of each step for the Client's approval. Two iterations of adjustments for draft renderings are included free of charge. Adjustments for each iteration should be organized by the Client in one email. Only adjustments that should help the Contractor to make renderings closer to the agreed requirements are acceptable. The Client shall not request changes in the architecture of the building, significant changes in the interior, exterior or landscape design, time of the day on the rendering, or any technical specifications of the rendering without additional agreements on time frames and costs.
5.2. The Client shall approve the renderings within three (3) business days. In this period the Client shall make one of the following decisions:
a) approve the renderings;
b) (in case of draft renderings) approve the draft renderings generally and offer the applicable adjustments;
c) (in case of draft renderings) inform the Contractor, that he will need more time to decide what changes need to be made. The Client shall pay for the work that was done by this time by the Contractor. All the time frames shall be renegotiated by the parties.
d) reject the renderings.
5.3. If within the prescribed period the Client has not taken any decision regarding the renderings, the renderings shall be considered approved, and the works - performed in full and correctly, and services provided by the Contractor are subject to payment.
5.4. If adjustments offered by the Client for the draft renderings are material and are not based on the requirements, agreed by the parties before the prepayment, the parties shall come up with a new agreement with new terms and cost.
5.5. The Client has the right to reject the draft renderings in the event of a complete requirements mismatch, provided that the revealed shortcomings (inconsistencies) can not be eliminated by adjustments. Payments made by the Сlient are not refundable in this case. The Client and the Contractor shall no longer be bound by the agreements.
5.6. The Contractor shall submit the draft or the final renderings for the Client's approval by email. All the renderings can be protected with a watermark until the full payment will be transferred by the Client.
5.7. Approval of the renderings in the manner provided herein, is sufficient proof of the works proper performance. No claims can be accepted after the final renderings approval.
5.8. The period of time between the submission of the draft or final renderings to the Client and his approval shall not be included in the overall turnaround time.
6. Intellectual Property
6.1. The exclusive right to the final renderings belongs to the Client, subject to and from the date of full payment for the works performed by the Contractor.
6.2. The Contractor is entitled to use the final renderings in all countries of the world, without paying any compensation or mention of the Client, in its portfolio or ads, distributed by any means (via the Contractor's Internet site, in brochures, media and etc). If the Client does not agree with this, he shall notify us before starting the project.
6.3. If the Client rejects or refuses to pay for the renderings, the exclusive right shall not be transferred to the Client and the Client shall not be entitled to use the draft or the final renderings in any ways.
7. Liability of the Parties
7.1. The Parties shall be liable for non-fulfillment and improper fulfillment of this document in accordance with Russian legislation and this document.
7.2. In case of delayed delivery of the renderings caused by the Contractor, the price of the works shall be reduced to 10% of the cost.
7.3. In case of delayed payment, the Contractor is entitled to demand the Client's payment of the penalty in the amount of 2% of the unpaid amount for each day of delay.
7.4 . The Contractor shall not be liable for any losses or opportunity costs resulting from the Client using the services, renderings, any other products or information provided by the Contractor or actions or inactions taken by the Contractor.
8. Force majeure circumstances
8.1. The parties shall be relieved from liability for failure or improper fulfillment of obligations hereunder in the event of force majeure, ie extraordinary and unavoidable circumstances, which are defined as forbidden actions of the authorities, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires or other natural disasters.
8.2. The party that fails to perform its obligations hereunder in the event of force majeure shall immediately inform in writing the other party of the beginning and termination of the circumstances mentioned above, but, in any case, not later than three (3) business days after the beginning or termination of their action. The late notice of the occurrence of force majeure circumstances deprives the corresponding Party of the right to exemption from contractual obligations due to these circumstances. Notice of the commencement and termination of force majeure circumstances shall be documented by the competent state institutions.
8.3. Should such force majeure last longer than 3 (three) months, each party has the right to early termination of the agreement.
9. Updating of the Terms of Services
The Contractor has right to update this document and inform the Client about the changes by email. All new or changed conditions of the Terms of Services shall be applied to new agreements between the Client and the Contractor.
Last update: 23 October 2020
