// General terms and conditions rendertaxi GmbH - Renderings, Animation, CGI, Special FX, Verified Views, Rapid Prototyping (Effective 01-2013)
1. Offer and Validity of Offer
The offer shall be deemed as subject to confirmation and is not binding for services that are not defined but can be associated with the product. rendertaxi shall not be held responsible for services/quality, which were not exactly detailed or listed.
The validity of the offer is 15 business days, as from its date.
Ordering from rendertaxi shall always be done in writing by the client, in form of a signed offer (via fax) or in form of an order/order confirmation on the client’s letter paper with signature and stamp.
If there is no written order confirmation, the contract shall also be deemed as awarded in case of a verbal agreement or mutual commencement of project work.
3. Data Delivery
All necessary data, like site plans, sections, layouts, material information, specifications etc. shall be delivered by the client in readable, adoptable and digital form prior to or at the start of the project. Missing details may also be provided in form of a readable freehand sketch. The thereby agreed dates for delivery are binding.
rendertaxi shall not be held responsible if the product/result is flawed or depicted inaccurately due to incomplete or erroneous data.
All preliminary work, calculations, meetings and data deliveries are included.
rendertaxi is not responsible for project or content changes, which are caused by third parties or the client after the start of the project. Content-related project changes of any kind after the award of a contract can lead to time delays for a release, additional costs and addenda.
Time delays, which can arise due to late or no data delivery or due to late approvals by the client or third parties, are not part of the agreed production timeframe and can lead to a delay of the release.
If this is the case, rendertaxi will address the fact and inform the client beforehand.
rendertaxi is not responsible for content-related differences between delivered results based on a planning stage and the real appearance of a final project.
Potential travel costs are charged extra with 0.50€ / km.
Printouts and data transfer to third parties are charged extra if necessary.
5. External Services
rendertaxi is authorised to order external services, which are necessary for a task completion, on behalf and on account of the client. The client shall give the according authorisation to rendertaxi in writing.
In case of contracts for external services on behalf and on account of the client, the client shall exempt rendertaxi in their internal relationship from all liabilities resulting from the contract agreement, especially from the obligation to pay the costs of the external service.
6. Project Progression
rendertaxi will execute the order thoroughly and is authorised to have the order executed by third parties – completely or partially. Unless there is a written arrangement from the contractual partner stating otherwise, rendertaxi is free to choose the way of executing the order.
The visualisation process is divided into 3 phases: modelling, scene/texturing/rendering, post-work. The client receives a preview / an intermediate result for review, at up to two suitable dates during the process. The comments of the client are incorporated during the ensuing course of action, if progress still allows it and the project can be finished in due time.
rendertaxi provides results and visualisations based on a scheduled planning stage, as a basic principle the delivered planning stage at the start of the project is deemed the definite stage.
rendertaxi reserves the right to work for multiple clients in similar tasks and bids. Discretion and nondisclosure is guaranteed.
7. Delivery, Release and Warranty
Unless specified otherwise, the delivery includes a format with an aspect ratio of ca. DIN A4 (3:2 to 4:3 image format) across with an image resolution of ca. 300dpi. In numbers this amounts to ca. 3500 px width / 2400-2700 px height.
The data is made available for the client via e-mail and/or FTP account at the agreed date.
Shipments travel at the cost and risk of the contractual partner.
All complaints must be made in writing at the latest within 8 days of delivery. After this period of time, the service shall be deemed rendered in accordance with the contract.
In case of a defect, the contractual partner is entitled to claim rectification performed by rendertaxi. If a rectification is not possible or declined by rendertaxi, the contractual partner is entitled to claim a price reduction. rendertaxi shall not be held liable for negligible deficiencies.
8. Copyrights, Usage Rights and Publication
Unless otherwise agreed, the client receives the non-exclusive rights of use, unrestricted by time, place and content. Work results, unless otherwise agreed, may therefore be copied and published by the client in their original form, worldwide, unrestricted and for an unlimited period. This does not require consultation with rendertaxi.
If the client claims exclusive rights, this shall be subject to a separate agreement.
The usage rights pass over to the client only after the complete payment of the agreed fee and shall only be deemed granted in case of a proper mentioning of the name according to 8.4.
If the results are published (bids, exhibitions, boards, awards, self-promotion, websites, brochures, monographs etc.) the author shall be mentioned at an appropriate location.
This can be achieved by applying a notation with a reference to the author (rendertaxi – studio for visualisation) clearly and well legible (visible) next to the image or within the image credits. The rendertaxi GmbH logo is available in the press section of the website.
Exceptional cases from the obligation to mention the name are proceedings which require the anonymity of a participant (e.g. bids). The requirement to remain anonymous shall be indicated by the client beforehand.
In case of a publication, two specimen copies shall be sent free of charge. For expensive products (art books, video cassettes) the number of specimen copies is reduced to one.
In any case, rendertaxi reserves the non-exclusive rights of use, to utilise the produced material for self-promotion without restriction. Current proceedings (anonymous competitions, bids etc.) are taken into consideration; work results are published only after a decision of a proceeding and prior consultation with the client. A consultation is not necessary, if the results of the proceeding were published otherwise.
If content is part of a limited or unlimited non-disclosure agreement or authorisation of the client is required due to regulations agreed upon otherwise, the client shall indicate beforehand to what extent and when the work may be published.
Any modification of an image requires prior written consent of the rendertaxi gbr. Changes in image size, hue and general colour adaptations are excluded. It is not permitted to reuse parts or cuttings of the images.
9. Ownership 3D Data
All 3D data, textures and other results produced by rendertaxi explicitly remain the property of rendertaxi.
If the client requests a release of data and files, a written agreement and separate compensation is required. The released data shall not be modified or utilised by the client without written consent from rendertaxi.
rendertaxi will store project data and work results without legal obligation. In case of loss or damage the contractual partner is not entitled to any claims.
In case of loss or damage of commissioned 3D models, rendertaxi shall only be held responsible for intent and gross negligence. Any liability is limited to a repetition of work results free of charge (if and in so far as possible). The client is not entitled to other claims.
rendertaxi shall not be held liable for defects, which are reducible to false or inaccurate instructions from the contractual partner.
The agreed payment is due upon delivery of the image material. If multiple images, image series or design-related visualisation processes are accepted in partial deliveries, a partial payment shall be made upon the delivery of the first part.
An exact definition of the amount of partial payments and terms of payment shall be agreed upon in writing with the client beforehand.
All prices exclude the applicable value added tax and other taxes or fees incurred at the time of the payment.
rendertaxi is also entitled to full remuneration, if the utilisation of the work results is omitted or contingent upon a decision by third parties.
If the contractual partner abandons the execution of the contract for whatever reasons, rendertaxi is entitled to half the payment in absence of another agreement.
12. Final Clause
In case the client does not have a place of general jurisdiction in the Federal Republic of Germany or moves his place of residence or habitual residence abroad after an assignment/contract agreement, the residence of rendertaxi shall be used as place of jurisdiction.
If one of the above business terms is void, the effectiveness of the remaining terms shall remain unaffected.
These general terms apply to commissioned charts or animations by analogy, regardless of the method and technology (substandard film, video, DV etc.) used.
All terms listed above can be changed in writing by mutual agreement at all times.