TERMS & CONDITIONS
Last Updated: Mar 4, 2025
1. Scope of Services
1.1. General Services
We offer a variety of services relating to design, architecture, virtual/augmented reality experiences, 3D modeling, 360° imaging, on-site scanning/photography, and other related creative or technical services (collectively referred to as “Services”). The specifics of each Service, including deliverables and timelines, will be detailed in the relevant quote, proposal, or order form.
1.2. Deliverables
Unless otherwise specified, our primary deliverables are digital assets such as links to virtual tours, 3D model outputs, design concepts, or scanned imagery. We reserve the right to define the format, platform, or method of delivery. In certain cases, physical items (e.g., VR equipment) may be offered; these will follow the same general Terms but may include additional shipping or handling conditions specified elsewhere.
2. Client Responsibilities
2.1. Information & Asset Provision
- The Client agrees to provide all necessary materials or information required to complete the Services, including but not limited to 3D models, images, branding files, property details, and contact information.
- The Client must ensure these assets are in proper working format and meet any minimum technical requirements we specify (e.g., correct file types, properly packaged archives, quality standards).
2.2. Accuracy & Permissions
- The Client is responsible for the accuracy and legality of any information or digital files provided.
- If on-site scanning or photography is required, the Client must ensure all legal permissions and property access are granted.
- Failure to provide adequate access, correct files, or legal clearances may delay the project and/or incur additional fees.
2.3. Rework Due to Non-Compliant Assets
- If assets (e.g., 3D models) are found to be corrupted, incomplete, or non-compliant with our minimum requirements, we will notify the Client and may request updated or corrected versions.
- Excessive revisions or significant rework arising from non-compliant or substandard files may result in extra fees.
3. Payment Terms
3.1. Pricing & Quotes
- All Services are charged based on the scope outlined in the relevant quote, proposal, or in our published plan (where applicable).
- Any price quoted may exclude applicable taxes, fees, or surcharges unless expressly stated otherwise.
3.2. Invoices & Payment Schedules
- Payment may be required upfront, partially, or upon project completion, depending on the nature of the Service or as stated in the invoice or sales order.
- The Client agrees to adhere to the payment schedule detailed in the invoice, including due dates.
3.3. Late Payments
- We reserve the right to suspend work or withhold deliverables for overdue accounts.
- Late payments may be subject to interest or fees as permitted by applicable law.
3.4. No Refunds on Completed Work
- Due to the custom nature of our Services, once work has begun and deliverables have been partially or fully provided, no refunds shall be issued unless specifically agreed upon in writing.
4. Project Timelines & Revisions
4.1. Estimated Timelines
- Any timeline provided is an estimate based on current workloads and the complexity of the requested Service.
- Delays caused by the Client (e.g., late provision of materials, lack of feedback) may result in extended delivery times.
4.2. Revisions
- The Client is entitled to a set number of revisions or modifications as agreed upon in the order form or proposal.
- Additional revisions beyond the agreed scope may incur extra costs.
4.3. Delivery
- Final deliverables are typically provided in digital format (e.g., URL links, files, or images) unless otherwise stated. Once the deliverable has been shared, the Service is considered complete.
5. Ownership & Intellectual Property
5.1. Retention of Rights
- Until the invoice is paid in full, we retain all rights to any deliverables or works-in-progress.
- Once full payment is received, the Client obtains a non-exclusive, royalty-free license to use the final deliverables for the purposes stated at the time of purchase or as otherwise agreed in writing.
5.2. Client Materials
- The Client affirms they own or have the legal right to use and distribute any materials (3D models, images, logos, etc.) provided for the Service.
- The Client grants us a limited license to use these materials strictly for performing the Service.
5.3. Portfolio Use
- We reserve the right to showcase final or partial work for promotional purposes (portfolio, social media, website) unless the Client requests otherwise in writing or the project contains confidential information.
6. Liability & Indemnification
6.1. Limitation of Liability
- We are not liable for any indirect, consequential, or special damages arising from the use or inability to use the deliverables provided.
- We shall not be responsible for issues stemming from incomplete, incorrect, or improperly formatted information and/or files provided by the Client.
6.2. Indemnification
- The Client agrees to indemnify, defend, and hold us harmless from any third-party claims related to the Client’s use of our deliverables, including claims of intellectual property infringement when the materials originated from the Client.
7. Cancellations
7.1. Before Project Commencement
- If the Client cancels prior to the start of any work, a full or partial refund (minus applicable transaction or administrative fees) may be issued at our discretion.
7.2. After Work Has Begun
- Once project execution has begun, no refunds shall be provided for any work already completed.
8. Confidentiality & Data Protection
8.1. Confidential Information
- Both parties agree to keep confidential any proprietary or non-public information disclosed during the project.
8.2. Personal Data
- We collect and use personal data (e.g., contact details, site addresses) solely for providing the Services. We implement reasonable security measures to protect such data, in compliance with applicable data protection laws.
9. Force Majeure
We shall not be deemed in breach of these Terms for delays or failures resulting from events beyond our reasonable control, such as natural disasters, strikes, internet or server outages, or acts of government.
10. Governing Law & Dispute Resolution
10.1. Governing Law
- These Terms & Conditions are governed by the laws of [Your Country/Region], without regard to conflict of law principles.
10.2. Dispute Resolution
- Both parties agree to endeavor to resolve any disputes amicably. If unsuccessful, disputes shall be settled under the exclusive jurisdiction of the competent courts in [Your City/Country].
11. Acceptance of Terms
By placing an order, signing a proposal, or otherwise engaging our Services, the Client acknowledges they have read, understood, and agree to be bound by these Terms & Conditions. If any part of these Terms is deemed unenforceable or invalid, the remaining sections shall remain in effect to the fullest extent permissible by law.
For further inquiries or clarifications regarding these Terms & Conditions, please contact us:
THE CANVASCITY, LLC
2321 Laguna Circle 807, North Miami, Florida, 33181