1. DEFINITIONS AND INTERPRETATION.
In these terms and conditions the following expressions have the corresponding meanings: Acceptance occurs after we receive approval of our Estimate from you, whether verbally or in writing. Brief means the descriptions, specifications and Material you provide to us. Costs mean our fee for the Services outlined in the Estimate as amended from time to time by agreement. Delivery means when we deliver the Product to you in accordance with clause 5. Estimate means our estimate of costs and time for Delivery of the Product requested by you in the Brief, as amended from time to time by agreement. Our Estimates do not include your internal and client approval processes in times for Delivery. Material includes any document in writing, any map, plan, graph, drawing or photograph, film, negative, tape or other device embodying visual images and any disk, tape or other device embodying any other data and any photographic film, prints, negatives, transparencies, image files, laptops, hard drives, flash drives and any data or other information provided by you. Us/we means Paul Gawman t/a PAULGAWMAN.COM &/or GAWMAN.COM ABN 34468682356. Product means the work produced by us as described in the Estimate. Services means the services to be provided by us to produce the Product particularised in the Estimate as amended from time to time by agreement. Terms mean the terms and conditions set out in this document, as amended from time to time and include any special terms and conditions outlined in the Estimate or otherwise agreed.
2. PURCHASE ORDERS.
We will provide you with an Estimate of Costs and time for Delivery of the Product on receipt of a Brief from you. On Acceptance of the Estimate, you will be bound by these Terms. We may require an up front deposit of 50% of our Costs before we will commence work on the Product.
3. CHANGES TO PURCHASE ORDERS.
If you change the Brief after Acceptance, we will provide you with an amended Estimate and you must confirm your acceptance of the amended Estimate in writing. The amended Estimate may change our Costs and the time for Delivery.
4. CANCELLATION OF PURCHASE ORDERS.
You may cancel a Brief after receiving our Estimate but not after Acceptance. If you cancel a purchase order after Acceptance, our Costs will be payable in full, unless we, in our sole discretion, decide to charge a cancellation fee as a percentage of our Costs.
We will deliver the Product to you for approval and finalisation as a medium resolution JPEG or high resolution proof if required.
3D Products are to be approved as follows: A. Model Stage – the model or wire frame will be rendered in low resolution with a plain grey texture. Your approval will be required to proceed.
B. Camera Angle Stage – the camera angle relative to the 3D model will be set. In some cases this will be matched to a photographic back plate. Your approval will be required to proceed.
C. Texture and Materials Stage – texture and material will then be applied to the surface of the approved model. Your approval will be required to proceed.
D. Lighting and Positioning – 3D lighting will be applied to the approved model. Your approval is required to proceed to the high resolution render.
Once your approval has been provided, the Product will be delivered to you in flattened Tiff or JPEG in RGB format (unless previously agreed as CMYK) on disk or via FTP site with ISO Coated v2 or DCam 3 approved colour proof if required, not as layered files. Master files will not be provided. If layered, master or CMYK files are required we will provide a file adhering to either ISO Coated v2 or DCam 3, however specifications must be outlined in the Brief and may incur additional time for delivery and additional Costs in our Estimate. By accepting delivery of the final Product, you agree to accept responsibility for the conversion, colour adjustment, colourmatching and accurate reproduction of files to CMYK or specifications outside of these standards. We accept no responsibility for any further colour manipulation, conversion or colour management that may occur. All delivery expenses, courier and delivery media costs (such as DVD or FTPs) will incur additional fees in addition to our Costs unless otherwise quoted in our Estimate.
Our Costs quoted in our Estimate are GST exclusive. Any changes you require to the final Product after Delivery will incur additional Costs.
We will send you an invoice for our Costs after Delivery of the final Product. You acknowledge and agree to pay our Costs in full within 30 days of Delivery of the final Product or the date of the invoice, whichever is earlier.
8. INTELLECTUAL PROPERTY.
We own all copyright in any 3D Products we develop in the course of a Brief; copyright in the part of the final Product we develop; copyright in the Product or part thereof we produce in a developing Product and the master files of any Product and the final Product. We grant you a non-exclusive licence of our copyright in the final Product for retouching on receipt by us of our Costs paid in full. For 3D Products, we authorise you to use the final Product for the specific uses, time period and territories specified in our Estimate. All intellectual property rights in the Material provided by you will be kept confidential by us. You acknowledge and agree that we can use the final Product for marketing and promotional purposes, including on our website.
You acknowledge and agree you are solely responsible for obtaining any clearances, permissions or otherwise in respect of third party copyright works, trademarks, designs or other intellectual property. You warrant that you are authorised to submit the Brief to us and you indemnify us and hold us harmless against all loss, damage, claims, demands, actions, costs, charges, liabilities and expenses arising out of any claim regarding the possession or use of Materials submitted to us by you as part of any Brief which may infringe the rights of any third party.
Our liability in relation to the final Product is limited to making good any defect or re-supply of the final Product and cannot exceed the Costs paid to us in respect of a Brief, except where any liability is implied by law and cannot be excluded or modified.
GOVERNING LAW AND JURISDICTION.
These Terms are governed by the laws and by agreeing to these Terms you submit to the non-exclusive jurisdiction of the courts of New South Wales.