Project Terms & Conditions
'NHV' means New Home Visuals.
‘client’ means the person, firm, company, organisation or individual with whom is entered into the order form.
‘including’ or ‘includes’ means ‘including but not limited to’ or ‘includes but is not limited to’.
‘project’ means the same as the project details entered in the order form.
'contract’ means the written agreement between NHV and the client for the sale of services (artwork visualization or photographic visuals) of which these terms and conditions are part. All written or oral statements and representations are superseded by the contract, unless inclusions or exclusions of terms contained herein are specifically varied by NHV in writing.
2. NHV RESPONSIBILITIES
(a) NHV is under no obligation to accept any project.
(b) Where NHV does agree to accept the project it will exercise reasonable skill and care in undertaking, developing and completing the project for the client in guidance of the full terms and conditions herein.
(d) If NHV becomes aware of anything which may change the scope or timing or cost of the project, then it shall as soon as practicable give written notice to the client. The notice shall as far as practicable contain particulars of the change.
3. CLIENT'S RESPONSIBILITIES
(a) The client by placing an order for services confirms their acceptance of the contract and agrees to be bound by the terms and conditions herein.
(a) The client agrees to give NHV adequate instructions, material and content in relation to the project and agrees to provide sufficient further instructions, material and content upon NHV’s request.
(b) The client agrees to consider NHV’s submissions and provide information as requested within reasonable time so as not to delay the progress of the project.
(c) The client agrees not to adjust, redevelop or promote any project that has been undertaken, developed or completed by NHV without NHV’s prior written consent.
(d) The client agrees to pay the full amount due prior to any work commenced and pay any outstanding amounts after completion of the project.
(e) The client agrees and accepts that any work, image, visual, graphic, photo or edited photo is strictly a representation only and may not be accurate for color, measurement or be a true representation of materials used by the client in their building, development or renovation project.
(a) Elevation and Kitchen Visuals.
Elevation and Kitchen visuals require the supply of an elevation plan in PDF or image (jpeg/png etc) format. Each project is for one elevation only and includes two free revisions. A revision is defined as a color or texture alteration to the existing elevation design. Changes to the elevation plan design are not included as a revision change and will require a new order. Pricing for additional revisions is as included on the pricing page.
(b) Photographic Visuals
Photographic visuals require the supply of a photo (digital image) of an existing building or one in completion. The image must be an acceptably large size with good sharpness and colour. Only one point-of-view is provided for each photographic visual order. Two free revisions are included with each order. A revision is defined as a color or texture alteration to the existing image. Pricing for additional revisions is as included on the pricing page.
(c) Floor Plans
Client must supply NHV with adequate time and access to the property to produce plans. Currently do onsite plans for Melbourne metropolitan area only. Floor plan pricing is per space/room. Standard plans are in black and white. Flat color uses a limited number of colors and contains no shading. Premium are in full color with shading. File supplied is a print ready PDF. Pricing includes on-site measure. If no on-site measure is required and plans are reproduced from an existing sketch or file, then pricing is half price.
(a) Where the client directs that a consultant, contractor and/or supplier undertake part or all of the project, NHV makes no warranty as to the quality and/or suitability of that consultant, contractor and/or supplier’s contribution to the project.
(a) NHV requires payment of the full amount prior to any work completed.
(b) The client agrees to make those payments.
(c) Payments cannot be made by way of part payments.
(d) Payment is to be made through Paypal only.
(e) In the event that full payment is not received, NHV is not obligated to commence or complete the project.
(f) NHV may, at its absolute discretion, consider any application by the client for alternative payment options.
(g) In addition to all other rights and remedies of NHV, if the client fails to pay all monies as and when due, NHV shall be entitled to recover interest at the higher of 15% per annum or the rate that is 2% higher than the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983.
(a) The client shall reimburse NHV for expenses reasonably and properly incurred in connection with completing the project under the agreement.
(a) Any project created under this agreement remains the property of NHV until full payment is made.
(b) Copyright in all works, including design, graphics, drawings, source files, stock photography or original photography (being either in negative, transparency and/or print format), remains the property of NHV until full payment has been received.
(c) The client agrees to allow NHV to use any completed project for promotional purposes on newhomevisuals.com, or submission in a portfolio, website, intranet, multimedia cd-rom, audio visual display, gallery or competition.
(d) The client represents to NHV that all intellectual property in any graphics, photos, designs, trademarks or other artwork provided to NHV for inclusion in the project is owned by the client or licensed for use by the client.
(e) The client agrees not to redevelop, re-work or promote any part of the project, or to use NHV’s name and/or logo, without NHV’s prior written consent.
(f) The client warrants that it will indemnify and defend NHV in the event of any third party intellectual property claim to that property referred to in subclause (d) above.
(g) If the Client supplies NHV with photography, artwork, brochures, information or material of any kind, NHV will not at any time be responsible whatsoever in regard to copyright or intellectual property, errors or omissions, faults or subsequent damages. This also includes that supplied by software, digital media or electronic transfers if supplied by the Client to NHV for any use.
(a) NHV agrees not to divulge any confidential information of the client to any other party.
(b) The client agrees not to divulge any confidential information of NHV to any other party.
(a) The agreement may be terminated by either party in writing.
(b) In the event that either party terminates the project prior to completion, NHV may refund any payments made in its absolute discretion.
(c) Upon termination NHV shall be entitled to reasonable payment for that part of the project which is completed in accordance with the agreement.
(d) Any payment required under 10(c) is required to be made within 7 days of notice of the payment being due.
(e) Upon termination of the agreement, NHV will return to the client all property in its possession which belong to or have been paid for by the client, but not that property produced by NHV.
11. SCOPE OF LIABILITY
(a) The client releases NHV from, and agrees that NHV is not liable for, any liability or loss arising from or any costs incurred in connection with the project.
(d) Unless a longer limitation period is imposed by law, NHV shall be deemed to have been discharged from all liability in respect of the project, whether under the law of contract tort or otherwise, at the expiration of one (1) year from the completion of the project, and the client (and persons claiming through or under the client) shall not be entitled to commence any action or claim whatsoever against NHV (or any employee of NHV) in respect of the project after that date.
(e) Except to the extent imposed by law or specifically provided for in this agreement, NHV does not give any warranty nor accept any liability in relation to the performance or non-performance of the project. If, apart from this clause, any warranty would be implied whether by law, custom or otherwise, that warranty is to the full extent permitted by law hereby excluded. Nothing herein, contained shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods or services pursuant to this agreement of all or any of the provisions of Part V of the Trade Practices Act 1974 (as amended) or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted or modified.
The internet and the World Wide Web are unsecured public networks. The Client acknowledges and agrees that;
(a) information sent to or from NHV by e-mail or an online area (including NHV’s website) may be intercepted, corrupted or modified by third parties.
(b) files obtained from or through e-mail or an online area (including NHV’s website) may contain computer viruses or other defects, and that NHV will hold no responsibility for any loss or damage caused thereby.
(a) All pricing listed is GST inclusive.
(b) If NHV makes a taxable supply to the client pursuant to this agreement, then the amount payable for that taxable supply by the client is expressed as a GST inclusive amount.
(c) In addition to the amount payable for the taxable supply, the client shall also pay the amount of GST payable in respect of the taxable supply upon the same date as payment for the taxable supply is due.
(d) Expressions used in this clause 11 have the same meanings as when used in the A New Tax System (Goods and Services) Tax Act 1999 (as amended).