iTech Design Studios Terms and Conditions
1. Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by iTech Design Studios and validated by the customer's signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and
iTech Design Studios.
2. Project Acceptance
At the time of proposal, iTech Design Studios will provide the customer with a written estimate or quotation. The quotation given by iTech Design Studios will be valid for 30 days from the date of quotation. The quote will be based solely on information given to iTech Design Studios by the customer before the written quote or estimate was requested and information given after the quote process may require a new quote to be created. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to iTech Design Studios via email or fax.
No work on a project will commence until all necessary documents have been received by iTech Design Studios. If the client’s final order changes from the original specification made for the quotation, iTech Design Studios
reserves the right to revise the quotation.
3. Design Charges
Charges for design services to be provided by iTech Design Studios will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, 100% of the quoted fee will become immediately due. Work on the project will not commence until iTech Design Studios has received payment.
4. Losses
iTech Design Studios will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) .
5. Project Files
After receipt of the deposit by iTech Design Studios, the client will be asked to submit all information he/she deems relevant and/or necessary for the development of the project. If there is additional information that could result in a revision to the initial quote, the client will be informed at this time and a new quote will be created. No work will begin on the project until the latest quote issued has been signed.
6. The Process
The development of the 3D images and animations will take place in 4 main steps:
Step 1: the quotation and project files
Step 2: proof 1 renders
Step 3: revisions
Step 4: final project and delivery
During every step, the client will have one opportunity to give comments and additional information for the next step. A step or stage is considered complete once comments have been submitted via email, allowing the designer to actually finish that particular stage.
The submittal of additional comments or requests after the completion of a step will be considered a change or alteration and will be invoiced accordingly.
Any revisions due to lack of initial information that are considered beyond our normal revision scope such as major layout changes, outdated blueprints, equipment/furniture/texture changes, end-product changes, extra revisions or quality changes may result in an additional fee. The client will be informed of this before work on revisions begins, and no charges will be made until there is signed approval from the client.
7. Submitting the comments and additional information
During the different stages of the development of the 3D images and 3D animations, the client will submit his comments and additional information via e-mail.
8. Electronic Communications
When you send emails to iTech Design Studios or us our FTP website you are communicating with us electronically. We communicate with you by e-mail or phone. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such communications be in writing.
9. Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
10. Design Project Completion
iTech Design Studios considers the design project complete upon receipt of the customer's signed approval form.
11. Alterations
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the design development in one of the indicated steps will be liable to a separate charge.
12. Payment
The customer will be provided with an Approval Form and Invoice together with the final product. At this time any remaining amount due will become immediately payable and the customer will also be required to sign and return the Approval Form to iTech Design Studios. Accounts which remain outstanding for 30 days after the date of invoice, will incur a finance charge of 2% per week of the outstanding amount. We accept American Express, MasterCard and Visa credit cards. Alternatively, you can pay over the phone or send us a check. The currency of payment will be in US dollars
Publication and/or release of work provided by iTech Design Studios on behalf of the client may not take place before cleared funds have been received. Returned checks will incur an additional fee of $50 per returned check. iTech Design Studios reserves the right to consider an account to be in default in the event of a returned check.
iTech Design Studios may, at its sole discretion, require at any time by invoice that all or part of the price shall be paid in advance or on account. Sums so invoiced shall be immediately payable.
13. Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. The client shall be considered entitled to remove any material created by iTech Design Studios from any and all computer systems, until the amount due has been fully paid. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay iTech Design Studios reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
14. Privacy
We will take all reasonable precautions to keep the details of your order and payment confidential. Accordingly, unless we
are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to your information.
15. Copyrights and Trademarks
By supplying drawings, sketches, text and other data to iTech Design Studios for inclusion in the customer's 3D images and animations or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by iTech Design Studios on behalf of the customer, will remain the property of iTech Design Studios. By supplying plans, drawings, text, or any other data to iTech Design Studios, the customer grants iTech Design Studios permission to use this material freely in the creation of the design. Should iTech Design Studios, or the
customer supply a drawing, sketch, image or any other file for use in a 3D image, animation or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow iTech Design Studios to remove and/or replace the file. The customer agrees to fully indemnify and hold iTech Design Studios free from harm in any and all claims resulting from the customer not having obtained all the required copyright, and/or any other necessary permission.
16. Permitted Uses
The customer may use the images, animations or any other data supplied and/or designed by iTech Design Studios, after payment, in their personal, professional, editorial and client projects and in part with the normal flow of a project with printers and service bureaus. The customer may use the images or animations as often as they wish, there is no time or
size limit to their use of the image. The customer grants iTech Design Studios the rights to use any 3D images or animations created on the iTech Design Studios website, show reel and/or marketing material. If the customer does not want their images used in this way by iTech Design Studios they must submit this in writing by the end of project completion.
17. Confidentiality
Although iTech Design Studios keeps the copyright on the 3D images and animations provided, the client can, via an explicit written request, ask iTech Design Studios not to use any of the provided 3D images or animations of a particular project for marketing purposes or any other related purposes due to the confidential nature of the project. This means that iTech Design Studios and all of their consortium members and/or sub-contractors agree to not use the information received by the client and any produced 3D images or animations for any purpose other than the creation of the project. iTech Design Studios agrees to only disclose confidential information to its sub-contractors and consortium members on a "need to know" basis.
18. Design Project Duration
Any indication given by iTech Design Studios of a project's duration is to be considered by the customer to be an estimation. iTech Design Studios cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by iTech Design Studios for the initial payment or
by date confirmed in writing by iTech Design Studios.
19. Delivery of larger files or hard copies
In case of large files (larger than 50Mb), iTech Design Studios will submit the information to the client on a CD-ROM or DVD via First Class mail, FedEx, UPS or DHL Express. The client may also request a hard copy of their project, to be delivered by the same method. The delivery of one DVD and/or one CD-ROM is not subject to any additional fees. However, any overnight shipping, overseas shipping or additional copies requested to ship to more than one address may result in an additional shipping fee. iTech Design Studios will not be held responsible for any delays, losses or damage in shipping.
20. Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail. However, following this, iTech Design Studios will need formal notification in writing to the company's postal address. The client will then be invoiced for all work completed from the time of first ordering. The balance due must be paid within 14 days. Any cancellation which is not formally confirmed in writing and received by iTech Design Studios within 14 days of such instruction being issued will be liable for the full quoted cost of the project.
22. General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. iTech Design Studios reserves the right to change the rates and the Terms and Conditions at any time and without prior notice.