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Terms & Conditions

Terms and Conditions

LightStone Visuals

Website: lightstonevisuals.co.uk

Email: contact@lightstonevisuals.co.uk

Date: April 28, 2025

 

1. Definitions

  • Agreement: These Terms and Conditions, together with any accompanying Proposal or Statement of Work.

  • Client: The individual, firm, company, or organisation commissioning the Services from the Studio.

  • Deliverables: The rendered images, animations, 360-degree panoramas, 3D floor plans, 3D models, and post-production work as specified in the Proposal or Statement of Work.

  • Fees: The charges payable by the Client to the Studio for the Services, as set out in the Proposal or Statement of Work.

  • Intellectual Property Rights: All patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

  • Proposal: A written document provided by the Studio to the Client outlining the scope of Services, Fees, and estimated timelines for a specific Project.

  • Services: The architectural visualisation services provided by the Studio, including but not limited to exterior and interior rendered images and animations, 360-degree panoramic rendered images and animations, 3D floor plans as rendered images and animations, 3D models of floor plans, and post-production work.

  • Statement of Work (SOW): A document that further details the specific tasks, deliverables, timelines, and responsibilities for a particular Project, which may be supplementary to or form part of the Proposal.

  • Studio: LightStone Visuals, operated by the sole trader Ibraheem Islam.

  • Project: The specific undertaking for which the Client has engaged the Studio to provide Services.

2. Scope of Services

  • The Studio agrees to provide the Services as detailed in the Proposal or Statement of Work.

  • The Services specifically include:

  • Exterior and interior rendered images and animations.

  • 360-degree panoramic rendered images and animations.

  • 3D floor plans as rendered images and animations.

  • 3D models of floor plans in selected formats (obj, fbx, glb).

  • Post-production work on pre-rendered content, subject to assessment of complexity and time required.

  • The Studio does not provide:

  • Detailed structural drawings or floor plans and diagrams intended for construction or regulatory approval. Clients are responsible for obtaining these separately.

  • Services to seek planning permission or approval for floor plans on the Client's behalf.

  • Any mock-ups, rough drafts, or sketches of floor plans provided by the Studio are for conceptual purposes only and are not to be used or referenced for any real-world construction, planning, or other practical applications.

3. Project Process and Client Responsibilities

  • Initial Brief: The Client will provide a clear and comprehensive brief outlining the Project requirements, including but not limited to required views, angles, materials, finishes, and any specific details necessary for the Studio to understand the scope of work. The accuracy and completeness of this information are crucial for the smooth and timely execution of the Project.

  • Concept Development: The Studio may provide initial concepts or rough drafts to visualise the Project approach. The Proposal or SOW will specify if concept development is included and the nature of these initial visuals.

  • Revisions: Unless otherwise specified in the Proposal or SOW, the Client is entitled to a maximum of two (2) rounds of revisions on the concept stage. Further revisions beyond this limit will be subject to additional charges based on the Studio’s standard hourly or project rate, depending on the time and complexity involved.

  • Feedback: Timely and clear feedback from the Client is essential to maintain the agreed-upon Project timeline and deadlines. Delays in providing feedback may result in adjustments to the delivery schedule.

  • Sign-off: Once the drafts are approved by the Client (sign-off), the Studio will proceed with the final Deliverables. Any changes requested after sign-off will be considered a new scope of work and may incur additional Fees and timeline adjustments.

  • Draft Deliverables: Draft Deliverables will typically be provided at a lower resolution and may include watermarks for review purposes.

  • Client Responsibilities: The Client is responsible for:

  • Providing all necessary information, materials (including but not limited to architectural drawings, specifications, material samples, and branding guidelines), and access as required for the Studio to provide the Services.

  • Ensuring the accuracy and completeness of all information provided to the Studio.

  • Obtaining all necessary rights, licenses, and permissions for any materials provided to the Studio for use in the Project, including but not limited to intellectual property rights in provided designs, logos, and trademarks.

  • Providing timely feedback and approvals at each stage of the Project.

  • Adhering to the agreed-upon payment terms.

4. Fees and Payment Terms

  • The Fees for the Services will be as set out in the Proposal or Statement of Work. These Fees may be based on a fixed fee, hourly rate, or per Deliverable basis, as specified.

  • Unless otherwise agreed in writing, the invoicing schedule is as follows:

  • A non-refundable upfront deposit of fifty percent (50%) of the total agreed Fees is required before the Studio commences work on the Project.

  • The remaining fifty percent (50%) of the total agreed Fees is due upon completion and delivery of the final Deliverables.

  • Additional Costs: The Client acknowledges that the following may result in additional charges:

  • Rush Service and Fees: Requests for expedited delivery may be accommodated subject to the Studio’s availability and will incur a rush fee, the amount of which will be communicated to and agreed upon with the Client in advance.

  • Significant Revisions Beyond Agreed Scope: Any revisions requested after the initial two rounds or that significantly alter the scope of the Project will be charged at the Studio’s standard hourly or project rate, depending on the time and complexity involved. The Studio will provide an estimate for such additional costs, and Client approval will be required before proceeding.

  • Travel Expenses: If the Project requires travel by the Studio, all reasonable travel, accommodation, and subsistence expenses will be charged to the Client at cost, unless otherwise agreed in writing.

  • Payment Methods: The Studio accepts payments via:

  • Bank transfer (details will be provided on the invoice).

  • Credit card (payments may be subject to processing fees, which will be communicated to the Client).

  • PayPal (payments may be subject to PayPal’s transaction fees, which will be communicated to the Client).

  • Payment Due Dates: Invoices are payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Proposal or SOW.

  • Late Payment: In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, as amended, the Studio reserves the right to charge interest on overdue invoices at the statutory rate, calculated daily from the date the invoice becomes due until the date of payment. The Studio also reserves the right to suspend work on the Project or withhold delivery of Deliverables until all outstanding invoices are paid in full.

5. Intellectual Property Rights

  • Unless otherwise agreed in writing, the Studio retains all Intellectual Property Rights in and to the Deliverables until full payment of all outstanding Fees has been received by the Studio.

  • Upon receipt of full payment, the Studio grants the Client a non-exclusive, non-transferable license to use the final Deliverables for the specific purposes outlined in the Proposal or SOW (e.g., marketing, presentations, website use). Any other use, including but not limited to modification, distribution, or commercial exploitation beyond the agreed purpose, requires the prior written consent of the Studio and may be subject to additional fees.

  • The Client warrants that they have the necessary rights and permissions to provide all materials to the Studio for use in the Project and that such use will not infringe the Intellectual Property Rights of any third party. The Client agrees to indemnify and hold the Studio harmless against any claims arising from the Client’s breach of this warranty.

  • The Studio retains the right to display the Deliverables in its portfolio (including its website and social media) for promotional purposes, unless the Client specifically requests otherwise in writing. The Studio will reasonably consider such requests. Ownership of source files (e.g., 3D model files) remains with the Studio unless specifically agreed otherwise in writing and may be subject to additional fees.

6. Confidentiality

  • Both the Studio and the Client agree to keep confidential any proprietary information or trade secrets of the other party disclosed during the course of the Project. This obligation of confidentiality will survive the termination of this Agreement.

  • The Studio will take reasonable precautions to protect the confidentiality of the Client’s information and materials. Similarly, the Client will treat any pre-release visuals, concepts, and pricing information provided by the Studio as confidential.

7. Revisions and Changes

  • As stated in Clause 3, the initial Fees include a maximum of two (2) rounds of revisions on the concept stage.

  • Requests for additional revisions or changes to the scope of the Project after sign-off of drafts will be assessed based on the time and effort required and will be subject to additional charges at the Studio’s standard rates.

  • All requests for changes must be communicated clearly in writing. The Studio will provide an estimate of any additional costs and timeline adjustments associated with such changes, and work will only proceed upon written approval from the Client.

8. Delivery and Acceptance

  • The Deliverables will be delivered electronically in the format(s) specified in the Proposal or SOW.

  • Upon delivery, the Client shall have a period of seven (7) days to review the Deliverables and notify the Studio in writing (via email to contact@lightstonevisuals.co.uk) of any material discrepancies or defects that do not meet the agreed-upon specifications.

  • If no such notification is received within the seven-day period, the Deliverables will be deemed accepted.

  • In the event of a material discrepancy or defect, the Studio will use reasonable efforts to rectify the issue within a reasonable timeframe. This clause does not cover subjective feedback on artistic style where the Deliverables are consistent with the agreed brief and drafts.

9. Warranties and Disclaimers

  • The Studio warrants that the Services will be performed with reasonable skill and care and that the final Deliverables will substantially conform to the specifications outlined in the Proposal or SOW.

  • The Studio does not warrant that the Deliverables will be error-free or uninterrupted.

  • The Studio makes no warranties, express or implied, regarding the suitability of the Deliverables for any specific purpose other than that explicitly stated in the Proposal or SOW.

  • The Studio shall not be liable for any loss or damage arising from the Client’s use of the Deliverables for purposes other than those agreed upon.

  • The Studio is not responsible for the accuracy or completeness of any information or materials provided by the Client.

10. Limitation of Liability

  • Nothing in these Terms and Conditions shall limit or exclude the Studio’s liability for:

  • Death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors;

  • Fraud or fraudulent misrepresentation.

  • Subject to the above, the Studio’s total aggregate liability to the Client in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total Fees paid by the Client to the Studio under the relevant Proposal or Statement of Work.

  • The Studio shall not be liable to the Client for any indirect or consequential loss, damage, costs, expenses, or other claims (whether for loss of profit, loss of business, depletion of goodwill, or otherwise) whatsoever which arise out of or in connection with this Agreement.

11. Termination

  • Either party may terminate this Agreement by giving written notice to the other (via email) if:

  • The other party commits a material breach of this Agreement and (if such a breach is remediable) fails to remedy that breach within thirty (30) days of being notified in writing to do so.

  • The other party becomes insolvent or is unable to pay its debts as they fall due or enters into liquidation (other than for the purposes of a solvent amalgamation or reconstruction), or has a receiver or administrator appointed over all or a substantial part of its assets, or makes any arrangement or composition with its creditors.

  • Upon termination of this Agreement for any reason, the Client shall immediately pay to the Studio all outstanding invoices for Services rendered and expenses incurred up to the date of termination.

  • In the event of termination by the Client for any reason other than a material breach by the Studio, the non-refundable deposit shall be retained by the Studio, and the Client may be liable for additional costs incurred up to the date of termination.

  • Upon termination, any licenses granted to the Client under Clause 5 shall immediately cease, and the Client shall cease all use of the Deliverables.

12. Governing Law and Jurisdiction

  • This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

  • Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

13. Entire Agreement

  • This Agreement (including any attached Proposal or Statement of Work) constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

  • Each party acknowledges that in entering into this Agreement, it has not relied on, and shall have no remedies in respect of, any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this Agreement.

14. Data Protection

  • To the extent that the Studio processes any personal data on behalf of the Client, the parties agree to comply with all applicable data protection laws, including the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018. The details of such processing will be outlined in a separate Data Processing Agreement if required.

15. Force Majeure

  • Neither party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by an event beyond its reasonable control (a “Force Majeure Event”). A Force Majeure Event includes, but is not limited to, acts of God, war, riot, civil commotion, strikes, lock-outs or other industrial disputes, fire, flood, storm, earthquake or other natural disaster, failure of public utilities or telecommunications networks, or restrictions imposed by law or any governmental authority.

  • The affected party shall promptly notify the other party in writing (via email) of the Force Majeure Event and shall use its reasonable endeavours to mitigate the effects of such event. If the Force Majeure Event continues for a period of more than 30 days, either party may terminate this Agreement by giving written notice (via email) to the other party.

16. Notices

  • Any notice or other communication given under or in connection with this Agreement shall be in writing and shall be sent by email to the addresses provided by the parties.

  • A notice sent by email shall be deemed to have been received at the time of transmission, or if this falls outside business hours in the place of receipt, when business hours resume.

17. Third Party Rights

  • A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

By commissioning the Services from LightStone Visuals, the Client agrees to be bound by these Terms and Conditions.

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