Terms & Conditions
1. Definitions & agreement
Within this page ‘Customer’ means the purchaser of the service and products provided by ArcViz Pty Ltd.
ArcViz Pty Ltd is the legal entity of the brand name ‘ArcViz Studio’.
By the customer submitting payment equal to the deposit amount detailed in the issued deposit invoice, the customer agrees to enter into the project with ArcViz Pty Ltd & agrees to the Terms & Conditions specified within this document.
These terms & conditions apply to all contracts entered into between ArcViz Pty Ltd and any customer. These terms and conditions shall always apply and are deemed to be incorporated into all contracts between ArcViz Pty Ltd and any customer.
Unless withdrawn by ArcViz Pty Ltd, ArcViz Pty Ltd project estimates are open for acceptance by the customer in which the project estimate was issued to within the period stated in the project estimate.
2. Project fees & revisions
Project estimates do not include photography services unless otherwise specified in the project estimate.
Projects include two rounds of client revisions. Further revisions will be charged at $150+ GST. Alternatively, a new project estimate can be issued. If a final output has been completed & supplied to the customer, an additional cost of $150+ GST will be charged per image
re-output & delivery.
3. payment terms
Payments accepted by EFT, PayPal, BTC, ETH or Credit Card. Credit Card payments attract a 2.5% surcharge.
Payment address details are supplied on all ArcViz Studio invoices.
Payments via Cheque are not accepted.
Receipt or remittance of deposit payments are required before any work commences.
No final artwork is delivered until receipt or remittance of final payment.
4. Property & Copyright
The property in any goods or material produced or created by ArcViz Pty Ltd under the project with the customer shall not pass to the customer until the customer pays ArcViz Pty Ltd all money owing to ArcViz Pty Ltd under the project agreement initiated by the customer making the deposit payment. The whole of the copyright in any original material produced or created by ArcViz Pty Ltd shall vest in ArcViz Pty Ltd. On payment by the customer of all money owing to ArcViz Pty Ltd under the project agreement, this condition shall be effecetive to transfer & assign to the customer all of the copright in the materials required to be delivered by ArcViz Pty Ltd to the customer, but nothing in this condition shall transfer or assign to the customer:
A: the copyright in the whole or part of any of the materials which are not used by ArcViz Pty Ltd in the production or final assembly of the final product delivered to the customer or which are not incorporated or reproduced in the final product; or
B: the models & data used by ArcViz Pty Ltd to create all images, tours and animations.
C: All production files, the copright in which shall continue at all times to belong to ArcViz Pty Ltd.
Additionally, ArcViz Pty Ltd retains the right to use all images & media created for any customer for it’s own purposes, including any promotional activities &/or competition entries, excluding where this conflicts with any confidentiality agreement.
5. Implied Conditions & Warranties
ArcViz Pty Ltd shall not be liable to the customer or the customer’s servants or agents for any direct, indirect, consequential or incidental loss or damage or any nature, howsoever caused (whether based on tort, contract or otherwise) including but not limited to loss of profit, loss of production, loss of sales opportunity or business reputation directly or indirectly attributable to the performance or non performance of it’s obligations under the contract or under these conditions.
Without limiting the generality of condition 3, ArcViz Pty Ltd shall not be liable for any damage or loss caused or contributed to by the failure to have any materials prepared by ArcViz Pty Ltd for the customer delivered to the customer.
6. Law
All projects between ArcViz Pty Ltd & the customer & these conditions shall be governed by the law in force in the state of Victoria, Australia, and the parties agree to submit to the jurisdiction of the courts and Tribunals of Victoria.