Terms & Conditions
1. Provision of services
These terms and conditions (“Conditions”) may only be varied with the written agreement of XO3D LTD (XO3D) and shall apply to all contracts for the supply of services by XO3D to a customer employing such services from time to time (“You”, “Your”) to the exclusion of all other terms and conditions including any terms and conditions which You may purport to apply under any document whatsoever.
These Conditions apply to every order or instruction received from You (or someone XO3D may reasonably believe has authority to bind You) whether such order is express or implied, written or oral and the contract between XO3D and You will be deemed to commence at such time as an order or instruction is received. XO3D is under no obligation to allow Your employees to witness the services being carried out.
2. Invoicing and Payment Terms
The price (“Price”, “in writing”) shall be the amount quoted to You by XO3D to provide services and in the event of a dispute, the Price shall be determined by reference to XO3D’s standard rates. Payment of the Price shall be made upon receipt of a valid invoice. Queries have to be submitted in writing within 7 days from the date of invoice. Payment shall be made in £ sterling and cheques, drafts or other payment instructions should be drawn on a bank trading in the UK. All sums due from You to XO3D which are not paid on the due date (without prejudice to the rights of XO3D under these Conditions) shall bear compounded
interest at the rate of 8% over the daily base rate of the Bank of England.
You agree to pay any additional costs or expenses incurred by XO3D due to difficulty by XO3D or its agents or employees in gaining information or in carrying out services. This difficulty may be caused by a failure on your part (in the reasonable opinion of XO3D) to provide satisfactory information or assistance (which would be required by XO3D to carry out services adequately).
Except in the case of personal injury (including death) caused by the negligent or willful act or omission of XO3D, XO3D excludes liability to You howsoever arising from the performance or purported performance of the services or any term under these conditions. In the event of any breach or breaches by XO3D, XO3D shall not be liable to You in respect of loss of profit, business, revenue, goodwill, anticipated savings, indirect or consequential loss, or damage.
4. Consequential loss
Under no circumstances shall XO3D be liable to the Client for any indirect or consequential loss suffered by the Client relying on the information included in the designs prepared by XO3D including (without limitation) loss of profit, loss on contracts, or pure economic loss.
5. Completion dates
The Client shall supply to XO3D in a timely fashion without charge all necessary and relevant information in the possession of the Client or any of the Client’s agents or contractors and any necessary instructions, decisions, consents, or approvals.
However, XO3D will not be liable for the consequences of any delay to the services arising from any failure by the Client to meet this obligation. XO3D will use all reasonable endeavours to meet quoted completion dates.
6. Changes to designs
Changes to any designs completed or part completed requested by the Client or any other third party outside the control of XO3D will be charged to the Client on a time basis at agreed rates. The client must follow the revision system set out by XO3D. Any deviation from these will be chargeable to the Client.
XO3Ds rates are as follows:
- Project Manager £60/ph
- 3D Artist £50/ph
- 3D Modeler £40/ph
7. Exclusion from fees
Unless specifically stated XO3D’s fees do not include the costs of any services or data which may be required from other consultants, authorities, and specialists such as site investigations, surveyors, and the like, or any other data or services not specifically referred to in correspondence between XO3D and the Client, but which are deemed to be necessary by XO3D for the proper execution of the works.
8. XO3D documents
All documents or imagery created by XO3D may be used by XO3D for marketing or website purposes unless otherwise stated by the client and agreed by XO3D. All documents, source files, and imagery, including all scenes created by XO3D will be vested with XO3D until full payment is made by the Client.
9. Title of documents
Title of the documents together with all of the information contained therein, and all data generated, under the contract between the Client and XO3D, shall remain vested in XO3D until the Client has discharged all of his obligations under clause 8 above, whereupon the benefit shall be solely for the Client with XO3D assuming no obligations to third parties.
10. Title of documents
License publicity and confidentiality: Notwithstanding clause 9 above, copyrights and intellectual property rights in the designs and documents (including material in electronic form) prepared by XO3D for the Client, shall remain vested in XO3D. The Client will nevertheless be granted a license to reproduce the Designs for the purpose of completing the project for which they were intended.
XO3D can cancel or terminate this contract at any time, for any reason by giving written (including email, fax, SMS) or oral notice (including answer phone, voicemail messages), which shall be effective immediately. You cancel or terminate with the written consent of XO3D but will at all times remain liable for 40% of the Price. Once the project has begun deposits are non-refundable.
12. Assignment & sub-contracting
You shall not assign the benefit or burden of any part of these Conditions. XO3D may transfer, assign or subcontract all or any rights and obligations under these Conditions. XO3D shall be free to sub-contract or otherwise deal with the whole or any part of the Services.
No liability for accuracy shall be accepted for drawings, digitalized data, or other accuracy specified and agreed between You and XO3D for the services.
XO3D will not be held responsible for failure or delay in carrying out the services due in whole or in part to any circumstances whatsoever beyond its reasonable control. No delay by XO3D in enforcing any right in respect of any breach of these Conditions by You shall constitute a waiver of such right. If any term of these Conditions is unenforceable, such unenforceability shall not affect the enforceability of the remainder of the terms in these Conditions. These Conditions constitute the entire agreement between both parties. You acknowledge that You have not relied on any oral or written representations or statements not contained in these Conditions. These Conditions are subject to English law and to the exclusive jurisdiction of the courts of England and Wales.