Commencement of Work
Submission of the Scope of Work (SoW) and payment of a deposit (if applicable) to True Renders constitutes agreement to these terms and conditions.
Scope of Work
True Renders may make any changes to the SoW, design, materials or functionality of the deliverables or provision of the services:
(a) which are required to comply with any applicable legal or regulatory requirements;
(b) are required or advisable to prevent the services and/or deliverables infringing third party rights, including Intellectual Property Rights; or
(c) which in True Renders design’s reasonable opinion, do not materially affect the quality or performance of the services.
If at any time “The Client” wishes to make any alterations to all or any part of the services including the SoW, and/or customer materials and/or data then “The Client” will provide True Renders with full written specifications of such alterations and with such further information as True Renders may require.
True Renders will either decline to undertake such alterations or will submit to “The Client” a quotation for such alterations specifying what changes (if any) will be required to the services including additional fees and the deliverables.
Upon receipt of such quotation “The Client” will either:
(a) accept such quotation, in which case the services will be deemed to be amended accordingly; or
(b) withdraw the proposed alterations in which case the agreement will continue in force unchanged.
The time frame specified in the SoW will commence once all necessary files are received. If there is a delay in receiving all or parts of the necessary materials from “The Client”, True Renders will not be liable for any costs incurred due to delays in the provision of the SoW. True Renders will also not be liable for any costs incurred for delays in pending approval from “The Client”.
Where True Renders is supplied with customer materials or is requested to use specific material by the customer when undertaking the services:
(a) True Renders may, if the customer materials or specified materials are found to be unsuitable during production or have been supplied to True Renders otherwise than in the manner (including format and method of delivery) directed by True Renders, charge the additional production costs incurred by True Renders to the customer after notifying, the Customer in writing of the unsuitability of the customer materials or specified materials; and
(b) True Renders accepts no responsibility for imperfect work caused by defects in or unsuitability of the customer materials or specified materials.
Approval of Final Work
While True Renders takes all care to avoid errors, True Renders accepts no responsibility for typographical errors, spelling mistakes, incorrect information on any project committed to print or production. It is “The Client’s” responsibility to proofread and approve the final drafts before the final submission is released. Email verification of “The Client” shall be conclusive as to the approval of the project prior to their release. No refunds or amendments are given after a final approved project has been confirmed by “The Client” in writing.
True Renders will only accept payments via PayPal.
“The Client” agrees to pay a 30% deposit of the quoted amount to commence any project. Once confirmation of the 30% deposit has been received, the project will commence. This deposit is non-refundable including in the case of a change of mind by “The Client”.
A “True Renders Visualisation” watermark will be embedded in all products created or produced by True Renders prior to the final submission to “The Client”. Once the final draft is issued, the client must provide written approval and full payment within 10 business days. Once confirmation of the full payment has been received, the final PNG image/s excluding the watermark will be released to “The Client”.
Fees for Service
It is agreed that the fee for service shall be the cost estimates provided via email or other media, unless work undertaken exceeds the work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. “The Client” will be notified of increases in the scope of the project, a new SoW will be issued and written approval must be obtained from “The Client” before new work commences.
From time to time “The Client” will require extra requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original SoW. If the client wishes these alterations to be made, a new SoW will be issued by True Renders addressing the new requirements and the associated cost. Work can only commence once the SoW has been approved by both parties. Any additional work or amendment fees are non-refundable once work has commenced.
Returns And Refunds
It is agreed that True Renders is not responsible or held liable for any errors contained in the final drafts after it has been approved by the client. True Renders will not be held responsible for any changes or amendments made after approval. It is the sole responsibility of the client to notify True Renders of any such errors during the revision cycle and before the final submissions have been released.
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of “The Client” cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to True Renders. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by True Renders and “The Client” by negotiation) at the time of cancellation notice, the client is required to pay an additional 40% of the remaining payable balance.
If a project is cancelled by True Renders, due to unforeseen circumstances, the deposit will be refunded in full to “The Client” in a timely manner.
In the event of cancellation of the project by “The Client", ownership of all work produced and created by True Renders shall be retained by True Renders.
Accounts that are not paid within 10 business days will incur a late administration fee of $50 AUD.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “The Client” has stated expressly that they do not intend to pay an invoice by True Renders unless prior arrangements have been made.
True Renders retains all copyright for work performed until full project costs have been paid. True Renders reserves the right to reuse or resell work undertaken in the case of a payment default.
True Renders accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
True Renders retains full ownership of all working files in Sketchup, Revit and Photoshop created or produced by True Renders. Once a PNG image/s is delivered to ‘The Client’ and the full payment is received, complete ownership rights of the final exported PNG image/s will be transferred to “The Client”. True Renders may still use paid-for design products in its promotional materials and in its design portfolio. Unless the client requests otherwise, True Renders retains the right to display a small byline claiming design/visualisation credit on works it produces.
Other than for the promotional use of True Renders, all services provided shall be for the exclusive use of “The Client’s” said purposes only. Designs may not be used for other promotional items, websites or printed materials without permission.
In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of True Renders till such time an agreement is in place. As part of True Renders terms of business, the copyright licence is automatically released to the client on receipt of the final payment for the commissioned work. True Renders reserve the right to use all concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting True Renders in digital media portfolios, social media, and blogs, except where “The Client” has specifically requested in writing otherwise.
Work Case Studies & Design Samples
“The Client” agrees to allow True Renders to showcase any/all work created in the course of a project as part of True Render’s portfolio. True Renders acknowledges the confidential nature of projects and agrees to only display project work once product/service has been publicly launched.
True Renders will first send an email to “The Client” requesting approval to do so. Under no circumstances, True Renders will publish content without “The Client” written consent.
It is agreed that True Renders shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
Liability & Litigation
Under no circumstances shall True Renders be liable to “The Client” for indirect or consequential loss suffered by “The Client” relying on the information included in the supplies prepared by True Renders including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence work, non-productive overtime, an award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
True Renders shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of True Renders. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions, transport delays, fire, power outages, failure attributable to hosting suppliers, theft, vandalism, riots, civil commotions, accidents of any kind or acts of terrorism.
Re-sending and Uploading Files
If a client loses or accidentally deletes the files delivered by True Renders upon completion of the project, True Renders can re-upload to DropBox, for a fee of $50 AUD per request. Providing the request from “The Client” has been made within 2 years from the date of completion.
True Renders will not archive projects older than 2 years from completion unless requested by “The Client” in which fees may apply.
Print – Colour Variations
Due to the nature of CMYK printing system, True Renders will not be liable for any colour variations from the approval digital image/s produced seen on screen to any printed versions.
Amendments to these Terms and Conditions
Any amendments to the terms and conditions outlined in this document must be provided in writing by “The Client“ and approved by an authorised representative of True Renders prior to the commencement of the work outlined in this document.
Design, Conceptual, visualisation, illustration and marketing are all highly creative and subjective art forms. As such True Renders takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however True Renders cannot be held responsible for variations between expectation and outcome.