www.rendernation.com :: Terms & Conditions

Render Nation Terms and Conditions

Updated: Thursday 2nd April 2009.

Render Nation Limited is a limited company incorporated in England Company Number 05654040, Registered Office: C/o Leavitt Walmsley Associates Ltd,
8 Eastway, Sale, Cheshire, M33 4DX, UK.

1. Definitions
Client: means the company or individual supplying a Project to RN for Rendering.
Order: means an instruction by the Client by writing, email, fax or verbally to submit a Project for Rendering.
Scene: means the computer file(s) (that contains geometry, camera(s), textures, lights etc.) created using a supported 3D application and plug-in(s).
Project: means the Scene (or multiple Scenes) supplied by the Client to RN for Rendering.
Rendering: means the process of generating a single or multiple computer images from a Scene using computer processing power.
Website: means 'http://www.rendernation.com'.

2. General
All Orders are accepted subject solely to these Terms and Conditions. No terms and/or conditions that the Client may seek to impose shall apply unless previously agreed in writing by RN.

3. Account
No contract shall arise between RN and the Client unless and until the Client completes a New Account Form and accepts these Terms and Conditions. RN reserves the right to reject an application at its unfettered discretion, and may cancel an existing account agreement by giving reasonable written notice.

4. Orders
RN reserves the right at any time to refuse a future Order or cancel an existing Order in the event that (i) any outstanding invoices are overdue for payment or (ii) there are circumstances outside of the direct control of RN that prohibited completion of the Order.

5. Pricing & Quotations
Current prices are published on the Website and are subject to change without notice. Projects will be invoiced using the actual computer processing power supplied at the price ruling at the time of Order, notwithstanding anything which may be stated to the contrary in official correspondence. A Project may be presented to RN for quotation. However due to the final cost being based on the actual computer processing power required to complete a Project (and therefore not known until completion); the quotation is only an estimate and is not binding.

6. Rendering
Rendering will commence on the receipt of an Order from the Client, accompanied by sufficient Project data (i.e. the Scene files and required asset files) to enable RN to proceed with the Order. The rendering time required to complete the order is an estimate, but RN will use its best endeavours to complete the Project within the Clients anticipated deadline. However RN will not accept liability for any direct, indirect or consequential loss in respect of failure to render under this Agreement arising from any cause whatsoever. If a Project cannot be Rendered with success, RN will contact the Client to seek further instructions. For the avoidance of doubt the Client will be liable for all costs incurred in the event that (i) the Project is defective (ii) the Project is deemed uneconomical by the Client (iii) the Client wishes to cancel a Project that has started Rendering.

7. Delivery
RN provides a secure FTP (File Transfer Protocol) server for the receipt and the delivery of a Project to and from the Client with a 99.8% service uptime guarantee. RN accepts no liability for unavailability or diminished performance due to it being an internet based service. A Project can be delivered via traditional postal services subject to the Client agreeing to pay the postage and packaging (at cost).

8. Credit Limit
New Clients are expected to pay a deposit of 30% of the estimated cost of their first Project prior to commencement of processing. On completion of this Project and once RN has received payment in full, the client will be given a credit limit. The credit limit will be based on a third party credit risk report and may be withdrawn or changed in writing at the unfettered discretion of RN. Once this credit limit has been reached RN will not supply further Rendering until outstanding invoice(s) have been paid in full.

9. Payment Terms
The payment term is 30 days 'net' from the date of Invoice and may be withdrawn at the unfettered discretion of RN. Payment is deemed to be the essence of the contract and must be made in accordance with the terms in full without any right of set off, deduction, discount or withholding whatsoever. RN reserves the right to charge interest on any outstanding balances at 8% above the Bank of England base rate in force from time to time. Payment can be made by BACS Transfer, Cheque or Credit Card (via secure PayPal).

10. Payment Details
Payment should be made to the Bank Account stipulated on the Invoice.

11. Copyright and Integrity.
The Client declares that all Projects submitted do not breach any Copyright or Patent and that the Project has been created using lawfully purchased and licensed software. RN reserves the right to refuse to Render any Project that it considers to include any illegal or offensive content. In the case of Illegal content RN will notify the relevant law enforcement authority of its belief.

12. Data Protection
RN will not intentionally do anything or omit to do anything which could make it liable for breach of the Data Protection Act 1998 (or any legislation amending or replacing it). RN reserves the right to retain copies of data submitted for processing for a period of 30 days 'net' from the date of completion or until the client requests that RN delete the data.

12. Indemnity & Warranty.
RN cannot and does not warrant that the its Services will be uninterrupted, error-free or entirely secure, and disclaims any and all liability resulting from or related to such events. RN is not liable for any failure of any of its own or the Client’s systems. RN is not liable for any loss incurred as a result of the obligations arising under this contract and for the avoidance of doubt is not liable for any special, indirect or consequential loss.

13. Provisions.
Jurisdiction. The Parties hereto agree that this Agreement shall be construed, interpreted, and applied in accordance with English law and that the English courts shall have exclusive jurisdiction over it.
Notice. Any notice required or committed by this Agreement may be served either personally or by Registered Mail. If served by Registered Mail service shall be deemed complete upon delivery to the address detailed by the Client.
No Agency. Nothing contained in this Agreement is intended nor is to be construed so as to constitute the Parties as partners or joint ventures, or the employees, agents, or representatives of either Party as employees or agents.
Severability. If any term or provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining portions of this Agreement shall be enforced.
Force Majeure. It is further accepted and agreed that neither Party will be considered to be in breach of this Agreement in circumstances where such breach is caused by any event beyond the reasonable control of that Party including but not limited to fires, strikes or lock outs, insurrection or riots, delays in transportation, and the requirements or regulations of any civil or military authority. This Clause shall not apply to the obligation to make payment.
Headings. Section headings in this Agreement are for convenience of reference only and are not to be used in interpreting this Agreement.
Limitation of Liability. It is agreed that no liability will exist between the Parties for any loss or damages, whether direct or indirect, arising out of this agreement (excluding liability for death or personnel injury). It is further agreed expressly between the Parties that in no event shall RN be liable to the Client for any indirect, special, or consequential damages, such as, but not limited to, loss of profits or other economic loss in connection with, or arising out of, the performance by either Party of its obligations to the other under this Agreement.
Rights of Third Parties. A person who is not a party to this Agreement has no right to benefit under or to enforce any term of this Agreement.