Terms of Service.

These Terms of Service ("Terms") govern the supply of architectural visualisation, virtual tour, animation, and related digital services ("Services") by Artess Studio Ltd ("Artess", "we", "us", "our") to you, the person or organisation engaging us (the "Client", "you", "your").

By submitting a brief, accepting a quotation, paying a deposit, or otherwise instructing us to begin work, you agree to be bound by these Terms. Please read them carefully and retain a copy for your records.

Artess Studio Ltd is a private limited company registered in England & Wales. Company number: [to be completed]. Registered office: [to be completed]. VAT number (where applicable): [to be completed]. ICO registration: [to be completed].

The following capitalised terms have the meanings set out below:

Brief

the description of the work, deliverables, scope, and source materials supplied by the Client and confirmed in writing.

Deliverables

the final still renders, animations, virtual tours, files or other outputs produced by Artess and supplied to the Client.

Engagement Letter

the written quotation, statement of work, or proposal accepted by the Client which together with these Terms forms the contract.

Fees

the charges payable by the Client for the Services as set out in the Engagement Letter.

Source Materials

any architectural drawings, BIM files, photographs, mood boards, brand assets or other inputs supplied by the Client to Artess.

Working Day

Monday to Friday excluding public holidays in England & Wales.

Artess produces high-end architectural visualisations including, without limitation: photoreal still imagery, 360° virtual tours, walkthrough animations, lighting and material studies, and post-production. The exact scope, format, resolution and quantity of Deliverables for any project is set out in the Engagement Letter.

Visualisations are interpretations based on the Source Materials and the design intent communicated by the Client. They are not a substitute for technical drawings, surveys, or as-built records. Slight differences in lighting, materials, scale, planting, furnishings or context are inherent to the medium.

All quotations are valid for thirty (30) days unless stated otherwise. A binding contract is formed when (a) the Client confirms acceptance in writing (email is sufficient) and (b) Artess acknowledges that acceptance, or when the Client pays the deposit invoice - whichever occurs first.

Work commences once the deposit has cleared and the agreed Source Materials have been received. Schedule estimates run from that point.

Fees are set out in the Engagement Letter and are exclusive of VAT (charged where applicable at the prevailing rate) and of any third-party costs (stock assets, premium HDRIs, courier, travel) which will be passed through at cost with prior approval.

• Deposit: 50% of the total fee is invoiced on engagement and payable before work begins.
• Balance: the remaining 50% is invoiced on delivery of final Deliverables and payable within fourteen (14) days.
• Payment method: bank transfer (BACS / Faster Payments) in pounds sterling, to the account stated on the invoice.
• Late payment: overdue invoices accrue statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 at 8% above the Bank of England base rate, plus reasonable recovery costs.
• Suspension: we may suspend Services if any invoice is more than fourteen (14) days overdue.

To enable us to deliver to schedule, the Client agrees to:

• provide complete, accurate, up-to-date Source Materials in usable formats;
• ensure that all Source Materials are owned by the Client or properly licensed for use in the Services;
• nominate a single point of contact authorised to give approvals and feedback;
• provide written feedback within the review windows stated in the Engagement Letter (typically three Working Days per round);
• pay invoices on time.

Delays caused by late or incomplete Source Materials, slow approvals, or scope changes may extend the schedule and incur additional fees.

Delivery dates are estimates given in good faith based on current studio capacity and the Brief. Time is not of the essence unless expressly agreed in writing.

Each engagement includes the number of revision rounds stated in the Engagement Letter (typically two rounds for stills, one round for animations and tours). Additional rounds, or changes to scope, materials, camera angles or sequence after sign-off of an earlier stage, are billable at our then-current day rate or by quotation.

Final Deliverables are supplied via secure download link in the formats and resolutions stated in the Engagement Letter. Working files (3D scenes, project files) are not supplied as standard and remain the property of Artess.

Source Materials: the Client retains all intellectual property rights in Source Materials and grants Artess a non-exclusive, royalty-free licence to use them for the purpose of performing the Services.

Deliverables: on receipt of full payment, Artess grants the Client a perpetual, worldwide, non-exclusive, non-transferable licence to use the final Deliverables for the marketing, sale, leasing or promotion of the specific project they depict. Until full payment is received, no rights of use are granted.

Reserved rights: Artess retains all underlying rights in models, scenes, materials, scripts, plug-ins, methodologies and working files. Artess also reserves the right to display Deliverables in its portfolio, on its website, in case studies, awards submissions and on social media, unless an NDA or written request for confidentiality is in place at the start of the engagement.

Third-party assets: some Deliverables may incorporate licensed third-party assets (HDRIs, vegetation, props). Use of Deliverables is subject to the underlying licence terms of those assets, which are passed through to the Client.

Resale & sub-licensing: the Client may not resell, sub-license, or transfer Deliverables to third parties for use unrelated to the original project without our prior written consent.

Each party will keep confidential all non-public information it receives from the other and use it only for the purpose of the engagement. This obligation does not apply to information that is or becomes public through no fault of the receiving party, was already known to the receiving party, or is required to be disclosed by law.

On request, Artess will sign a project-specific non-disclosure agreement on reasonable terms before commencement.

Artess warrants that the Services will be performed with reasonable care and skill, in line with section 49 of the Consumer Rights Act 2015 (where you contract as a consumer) or section 13 of the Supply of Goods and Services Act 1982 (where you contract as a business).

Save as expressly set out in these Terms, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability that cannot be limited or excluded by English law.

Subject to the above, our total aggregate liability arising out of or in connection with each engagement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to a sum equal to the Fees paid by the Client for that engagement.

We are not liable for: loss of profits, loss of business, business interruption, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss.

The Client indemnifies Artess against all claims, losses, damages and reasonable costs (including legal fees) arising from any allegation that Source Materials supplied by the Client infringe the intellectual property rights of any third party.

Either party may terminate the engagement on written notice if the other commits a material breach which (if remediable) is not remedied within fourteen (14) days of notice, or becomes insolvent.

The Client may terminate for convenience on written notice; in that case, the Client pays for all work performed up to the date of termination plus any non-cancellable third-party costs already committed. The 50% deposit is non-refundable once production has begun, save where required by statute (see Consumer Cancellation Rights below).

Where you engage us as a consumer and the contract is concluded at a distance (e.g. by email) or off our premises, you have the right to cancel within fourteen (14) days of the contract being formed, without giving a reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

To exercise this right, notify us by email to contact@artess.co.uk within the cancellation period. We will refund any payments received, less a proportionate amount for Services already supplied where you have asked us to begin work during the cancellation period (which we will only do at your express request).

By asking us to begin work before the end of the cancellation period, you acknowledge that you will lose your right to cancel once the Services are fully performed.

Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, civil unrest, fire, flood, epidemic or pandemic, internet or power outages, or industrial action. The affected party will notify the other promptly and use reasonable efforts to resume performance.

If you are unhappy with any aspect of our Services, please contact us first at contact@artess.co.uk and we will respond within five (5) Working Days. We aim to resolve all complaints within twenty (20) Working Days.

If we cannot resolve a dispute informally, the parties agree to attempt mediation through a mutually agreed mediator before commencing court proceedings.

• Entire agreement: these Terms together with the Engagement Letter form the entire agreement between the parties.
• Variation: any variation must be in writing and signed by both parties.
• Assignment: the Client may not assign or transfer the contract without our prior written consent.
• Severability: if any provision is found unenforceable, the rest remains in force.
• Third-party rights: a person who is not a party has no rights under the Contracts (Rights of Third Parties) Act 1999.
• Notices: notices must be in writing and sent by email to the contact addresses on file.

These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of England & Wales. The courts of England & Wales have exclusive jurisdiction, save that consumers resident in Scotland or Northern Ireland may bring proceedings in their local courts.

For any question about these Terms or about an engagement, write to:

Artess Studio Ltd
[Registered office address]
United Kingdom
contact@artess.co.uk