1.1 In these terms and conditions the following definitions apply unless otherwise stated:
‘Business Day’ means a day other than a Saturday, Sunday or public holiday.
‘Contract’ means the contract between the Company and the Client for the supply of Services governed by these Terms and the Order.
‘Client’ means the individual or business entity who purchases Services from the Company and whose details are set out in the Order.
‘Changes’ means alterations or modifications to the information provided by The Client after the signing of the Quotation, and therefore contract. Changes may imply additional cost and it ill be determined by the Company in a supplemental agreement.
‘Documentation of the Project’ means all files related to the Project, provided by The Client. All architectural and site CAD files in AutoCAD.dwg format (release 2002 or later). These files shall include at a minimum, the engineering site plan, floor plans, elevations, sections, landscape plans, and other significant design elements produced by others.
‘Force Majeure Event’ means an event beyond the reasonable control of either party, including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
‘Company’ means Blankvisual, a company incorporated in Miami, FL under company number EIN 83-2637695 whose registered office is at 11125 S.W. 129 court Miami, Florida 33186 United States, trading as BlankVisual.
‘Intellectual Property Rights’ means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
‘Order’ means the order placed by the Client through counter-signing the Company’s Quotation form.
‘Order Form’ means a Quotation form counter-signed by the Client which together with these terms and conditions shall form a binding contract.
‘Project’ means the scope of the services of 3D visualization provided by The Company to The Client. Usually a Project is defined by a 3D Animation of no less tan 40 seconds and no more of 60 seconds. All sequences will be created to maximize the viewer’s perspective and provide the greatest degree of understanding of the project’s design in the amount of time available, while limiting the viewer’s perspective to the boundaries of the property. The Company also provides no less tan 3 high resolution images, which may include exterior and interior views of the Project. The Company will not be responsible for printing the images or for obtaining aerial views of the Project.
‘Quotation’ means the written quotation prepared by the Company which contains its proposals for providing Services to the Clients.
‘Rush job’ Any project that demands more time- without putting in risk high quality results- must be discussed and charged doublé with a 50% pre payment fund. This project will be classified as a priority task.
‘Services’ means the services the Company will provide to the Client as specified in the Order.
‘Specification’ means the description or specification of the Services in the Order.
‘Terms’ means these terms and conditions as updated from time to time by the Company.
‘White Label Work’ means Services provided by the Company to a Client. The Client is responsable for rebranding these services as their own.
1.2 Where these Terms use words in their singular form, they shall also be read to include the plural form of the word and vice versa. Where these Conditions use words which denote a particular gender, they shall be also read to include all genders and vice versa.
1.3 The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of these Terms.
1.4 A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.