1. Our details
These terms and conditions (“Terms”) apply to the sale of all services and goods in the business to consumer sector between Digital Studio 24 Limited (trading as ‘Digital Studio 24”) under company number 5852907 and whose principal place of business is at 8 The Danube, 34 City Road East, Manchester M15 4TF, United Kingdom (“we/us”) and any visitors (“you/the client/ the customer”) to the website www.digitalstudio24.com (“Site”).
2. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
Digital Studio 24 reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion.
3. Access to Digital Studio 24.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
4. Licence for website access
Digital Studio 24 grants you a limited licence to access and make personal use of this website, but not to download or modify it, or any portion of it, except with express written consent of Digital Studio 24. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any image, logo, or other proprietary information (including images, text, page layout, or form) of Digital Studio 24 and its affiliates without express written consent.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Digital Studio 24 as long as the link does not portray Digital Studio 24, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Digital Studio 24 logo or other proprietary graphic or trademark as part of the link without our express written consent.
5. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Digital Studio 24, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following: for fraudulent purposes, or in connection with a criminal offence or other unlawful activity to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" to cause annoyance, inconvenience or needless anxiety
6. Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Digital Studio 24 and validated by the customer's signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Digital Studio 24.
7. Project Acceptance
At the time of proposal, Digital Studio 24 will provide the customer with a written estimate or quotation. The quotation given by Digital Studio 24 will be valid for 28 days from the date of quotation. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Digital Studio 24. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Digital Studio 24’s terms and conditions. No work on a project will commence until either document has been received by Digital Studio 24. If the clients final order changes from the original specification made for the quotation, Digital Studio 24 reserves the right to vary the quotation.
Digital Studio 24 reserves the right at it’s sole discretion to accept or refuse any order placed by the customer on the basis of quotations issued and in the event of a refusal no damages or expenses of any kind whatsoever shall be payable by Digital Studio 24 to the customer.
8. Design Charges
Charges for design services to be provided by Digital Studio 24, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 30% of the quoted fee will become immediately due. Deposits totalling £500 or more are subject to a possible partial refund, taking into account the already-executed project related activities and performances. Work on the project will not commence until Digital Studio 24 has received the deposit.
9. Customs
When ordering goods from Digital Studio 24 for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Digital Studio 24, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
10. Losses
Digital Studio 24 will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of services and good by us to you was formed.
11. Other businesses
Digital Studio 24 provides links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Digital Studio 24 does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties.
12. The project folder
After reception of the deposit by Digital Studio 24, the client will be allocated a project folder on the website of Digital Studio 24. This project folder will allow the client to upload any information he or she deems to be relevant and/or necessary for the development of the project. Additionally, the project folder will allow the client to download the draft and final version of the project images and or animations.
All information provided by the client to Digital Studio 24 will be scanned for viruses or any other harmful files. It will not be possible for the client to upload *.exe file onto the website.
13. The process
The development of the 3D images and animations will take place in 4 main steps as described below:
Step 1: the quotation
Step 2: the wire model
Step 3: the rendered model
Step 4: the final result
During every step, the client will have one opportunity to give comments and additional information for the next step. A step or stage is considered complete once comments have been submitted in the project folder allowing the designer to actually finish that particular stage. The submittal of additional comments or requests after the completion of a step will be considered a change or alteration and will be invoiced accordingly.
14. Submitting the comments and additional information
During the different stages of the development of the 3D images and 3D animations, the client will submit his comments and additional information in the project folder and confirm the posting of the comments via e-mail.
15. Electronic communications
When you visit Digital Studio 24 or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
17. Design Project Completion
Digital Studio 24 considers the design project complete upon receipt of the customer's signed Approval form. Other services such as printing, display panel production, etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
18. Alterations
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the design development in one of the indicated steps will be liable to a separate charge.
19. Payment
The customer will be provided with an Approval Form and Invoice together with the final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to Digital Studio 24. Accounts which remain outstanding for 28 days after the date of invoice, will incur an extra charge of 2% per week of the outstanding amount. We accept American Express, MasterCard and Visa credit cards via our secured website payment page. Alternatively, you can pay over the phone or send us a check (for UK clients only). The currency of payment will be in UK Stirling Pounds. For practical guidelines in regards with payment, visit our website www.digitalstudio24.com or call us on ++44 (0)560 1324 537. Publication and/or release of work provided by Digital Studio 24 on behalf of the client, may not take place before cleared funds have been received. Returned cheques will incur an additional fee of £50 per returned cheque. Digital Studio 24 reserves the right to consider an account to be in default in the event of a returned cheque.
Digital Studio 24 may at it’s sole discretion require at any time by invoice that all or part of the price shall be paid in advance or on account. Sums so invoiced shall be immediately payable.
20. Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Digital Studio 24 shall be considered entitled to remove Digital Studio 24's and/or the customer's material from any and all computer systems, until the amount due has been fully paid. Removal of such materials does not relieve the customer of it's obligation to pay the due amount. Customers whose accounts become default agree to pay Digital Studio 24’s reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
21. Privacy
We will take all reasonable precautions to keep the details of your order and payment secure by using a third party payment provider whom we understand uses industry standard Secure Sockets Layer (SSL) encryption technology, making our pages secure. Accordingly, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to your information, either on our site or our payment provider’s.
22. Copyrights and Trademarks
By supplying drawings, sketches, text and other data to Digital Studio 24 for inclusion in the customer's 3D images and animations or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by Digital Studio 24 on behalf of the customer, will remain the property of Digital Studio 24 and/or its suppliers. The customer may request in writing Digital Studio 24, the necessary permission to use materials (for which Digital Studio 24 holds the copyright) in forms other than for which it was originally supplied, and Digital Studio 24 may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying plans, drawings, text, or any other data to Digital Studio 24, the customer grants Digital Studio 24 permission to use this material freely in the pursuit of the design. Should Digital Studio 24, or the customer supply a drawing, sketch, image or any other file for use in a 3D image, animation or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Digital Studio 24 to remove and/or replace the file. The customer agrees to fully indemnify and hold Digital Studio 24 free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission.
23. Permitted Uses
The customer may use the images, animations or any other data supplied and/or designed by Digital Studio 24, after payment, in their personal, professional, editorial and client projects and in part with the normal flow of a project with printers and service bureaus. The customer may use the images or animations as often as they wish, there is no time or size limit to their use of the image except as mentioned in these terms and conditions. These terms and conditions grants the customer a non-exclusive, non-transferable right to use and reproduce the purchased images or animations from Digital Studio 24 as listed below:
• Non-exclusive means we can sell the same image and these rights to other customers
• Non-transferable means you cannot pass on the image and associated rights
Electronic and Digital Uses: as a part of the graphic content of any electronic or digital work including web sites, kiosks, banner ads, broadcast video, multimedia including film and video, screens savers, electronic presentations e.g.- PowerPoint, CD-ROMs provided that no Image is at a resolution greater than 72 dpi. and is incorporated into a design so that it is clearly not intended to be copied or downloaded.
Print Uses: any tangible materials including newspapers, magazines, reports, books, brochures, catalogues, CD/DVD covers, posters, board games, greeting cards, postcards, calendars, T-shirts, credit cards, phone cards, resale products and packaging and advertising materials.
24. Prohibited uses
You may not post the Image at a resolution higher than 72 dpi on a website or make it available for download as a file by any electronic means. You will make all efforts to avoid pirating of the Image files by employees and users of electronic media. And you definitely cannot sell, rent, grant or transfer any rights to the Image to any person or organization. This applies but is not exclusive to offering the Image(s) on another stock agency site or as CD-ROM compilations.
Images may not be used in any pornographic, libellous, obscene, defamatory context or other unlawful material, program or application. The user and or purchaser of the digital image file from Digital Studio 24 may not reproduce an image in any traditional or electronic photographic medium for fine art purposes such as usage for display in an art gallery, book or CD collection. Watermark or copyright notice may not be removed from the image file.
25. Licensing
Any 3D image, animation, design, copywriting, drawing or idea created for the customer by Digital Studio 24, or any of it's contractors, is licensed for use by the client only and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Digital Studio 24 and any of it's relevant sub-contractors. All design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Digital Studio 24 will not be held responsible for any and all damages resulting from such claims. Digital Studio 24 is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Digital Studio 24 responsible for any such loss or damage. Any claim against Digital Studio 24 shall be limited to the relevant fee(s) paid by the customer.
26. Confidentiality
Although Digital Studio 24 keeps the copyright on the 3D images and animations provided, the client can, via an explicit written request, ask Digital Studio 24 not to use any of the provided 3D images or animations of a particular project for marketing purposes or any other related purposes due to the confidential nature of the project. This means that Digital Studio 24 and all of their consortium members and/or sub-contractors agree not to use and of the information received by the client and any produced 3D images or animations for any purpose other than the performance of the agreement. Digital Studio 24 agrees to only disclose confidential information to its sub-contractors and consortium members on a “need to know” basis.
27. Data Formats
The client agrees to Digital Studio 24’s definition of acceptable means of supplying data to the company.
All data necessary for the development of the project are to be uploaded in the allocated project folder located on the website of Digital Studio. Alternatively, information can be forwarded to Digital Studio 24 via e-mail. For larger files Images (larger than 10Mb), data can be send to Digital Studio 24 on a CD or DVD via regular mail or courier express. The data provided for use in the development of the project, 3D images and animations must be of a quality suitable for use without any subsequent image processing, and Digital Studio 24 will not be held responsible for any image quality which the client later deems to be unacceptable. Digital Studio 24 cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. All information provided by the client to Digital Studio 24 will be scanned for any viruses or any other harmful files. It will not be possible for the client to upload *.exe file onto the website. The customer agrees to supply Digital Studio 24 with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
28. Design Project Duration
Any indication given by Digital Studio 24 of a project's duration is to be considered by the customer to be an estimation. Digital Studio 24 cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Digital Studio 24 for the initial payment or by date confirmed in writing by Digital Studio 24.
29. Delivery of services
Digital Studio 24 will make the different services available via the website where the client then has the opportunity to download the temporary and final results of the 3d images and animations. The different files will be available for 2 weeks after the uploading of the final 3d image or animation by Digital Studio 24. If the client wishes to receive a copy of the files after the 2 week period, he or she will have to make a written request or send an e-mail to info@digitalstudio24.com. There will be no charges for this delivery service.
30. Delivery of larger files or hard copies
In case of large files (larger than 50Mb), Digital Studio 24 will submit the information to the client on a CD-rom or DVD via First Class post, Parcelforce or DHL Express to deliver the goods. Similarly, if you decided to request a hard copy of the animation or 3D images to be delivered at your home or business address, Digital Studio 24 will use First Class post, Parcelforce or DHL Express to deliver the goods. When you request this service, we'll estimate dispatch and delivery dates. It should be taken into account however that these dates are only target dates and these dates should therefore not be considered final. Costs for P&P will be added to the bill.
31. Replacement
We will bear the risk of the goods delivered to you whilst in transit. Risk of loss of or damage to the goods passed to you on delivery, whether or not the price has been paid and you will be liable for their loss or destruction.
32. Rights of Refusal
Digital Studio 24 will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All material must conform to all standards laid down by all relevant advertising standards authorities. Digital Studio 24 also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Digital Studio 24 does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Digital Studio 24 to remove the contravention without hindrance, or penalty. Digital Studio 24 is to be held in no way responsible for any such data being included.
33. Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Digital Studio 24 will need formal notification in writing to the company's postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 14 days. Please note: any cancellation which is not formally confirmed in writing and received by Digital Studio 24 within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
34. Disclaimer
Digital Studio 24 makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Digital Studio 24 will not be held responsible for any and all damages resulting from products and/or services it supplies. Digital Studio 24 is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the procedures we recommend, we accept no responsibility for the performance or quality of materials or services or any consequential loss arising from their failure. The customer agrees not to hold Digital Studio 24 responsible for any such loss or damage. Any claim against Digital Studio 24 shall be limited to the relevant fee(s) paid by the customer. Digital Studio 24 reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Digital Studio 24 will not knowingly perform any actions to contravene these and the client also agrees to be so bound. The client agrees to not to hold Digital Studio 24 responsible for non-completion on time.
35. Events beyond our reasonable control
Digital Studio 24 will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
36. Dispute Resolution
a. The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavours to:
Clearly communicate in writing the background facts leading to or causing the dispute
Set out clearly what action is required to settle the dispute
Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution
Discuss specific means of avoiding such disputes in the future
b. Attempts to resolve the dispute must follow the following procedure:
- The person complaining shall set out in writing the background, the issues and the outcome desired.
- The person to whom the complaint is addressed will reply in writing within 10 business days to each issue in dispute setting out its perspective on the issue and the outcome desired.
- If the dispute is not resolved in accordance with this exchange of written issues and outcomes, then the complainant will raise the matter with a neutral professional adviser or Alternative Dispute Resolution (ADR) provider.
- If the dispute is not resolved in accordance with such reference, the matter shall be referred to a single agreed arbitrator within 10 business days; whose decision shall be final.
- In the case of disagreement on the appointment of a single arbitrator, then the parties shall be entitled to nominate one independent arbitrator with 7 days of disagreement and a coin will be tossed by an independent person to decide which will act as arbitrator of the dispute.
- Action taken to settle the dispute at each stage must be undertaken promptly and the parties shall equally share the costs associated with this dispute settlement procedure.
37. General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Digital Studio 24 reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.