Terms of service
The methodologies described in this document are based on current best practice and follow recommendations from The Landscape Institute’s “Guidelines for Landscape and Visual Impact Assessment” and best practice.
Prices quoted for photography and surveys are based on supplier quotes and may be subject to change dependent on weather conditions and/or accessibility. Photography and survey costs are an approximate guide and will depend on location of final views chosen (to be confirmed when definitive view locations are agreed).
All costs are subject to VAT, couriers and client’s final amends and are valid for 60 days from the date of this quotation. Our fees do not include supplying the 3D model, Photoshop files, base photography, film footage or survey information to the client or a third party. These can be negotiated separately, if required.
We will assign you one of our senior visualisers who will work directly with you throughout the project. During the project we will show progress images via email to ensure you are happy with the design, the lighting and textures – once you are totally satisfied that the images reflect your desired designs we will supply the final high resolution images to you. We can also arrange high quality photo quality prints for your presentation if required.
We expect that having not seen your designs in 3D, you may want to make slight alterations to textures and post production work to ensure that the images produced reflect your vision and we consider these tweaks to be part of the visualisation process and included in the cost. However excessive design amends may need to be charged extra at £550 per day and will be quoted upfront by your account manager who looks after cost and time issues. Design amends are physical changes to the model itself including adding further details as the project progresses e.g. changing layout of windows, changing roof details etc.
A Director would be available for presenting evidence in court at a cost of £750 per day or part thereof. Any post-submission support preparatory work requested by a third party (and sanctioned by our client) in relation to appeals, hearings or rebuttals etc. would be charged at £750 per day or part thereof.
Our normal terms of business state that we retain joint copyright (with the Client) on all of the images we produce. Of course, we do not expect you to ask permission to use the images we create for you (in presentations, marketing etc.), but we do respectfully request acknowledgement wherever possible by adding the credit ‘Image created by Realm Communications © 2019.’
We understand there may be times when imagery we have created for you is time and/or politically sensitive and in such instances we ask that you inform us as to when we should NOT be using images for our website and/or publicity purposes. Where you do this in writing, we will be happy to respect reasonable restrictions.
Our standard terms of payment are 30 days from date of invoice. We reserve the right to issue either a part or full invoice within 7 days of the agreed project completion date. If final sign-off on any part of the project is still outstanding by this date, the elements of the project that have been completed will be invoiced in full. Should payment not be received within these terms, we reserve the right to negate any discounts that may have been offered.
Designhive Media Ltd t/a Realm Communications – Terms and Conditions of Service
All services (the “Services”) to be provided by Designhive Media Ltd trading as Realm Communications (“Realm Communications”) to the client (the “Client”) shall be provided in accordance with the following Terms and Conditions (the “Terms”).
Instructions to begin work shall be deemed as acceptance of these Terms of business.
These Terms and any Quotation issued hereunder shall constitute the entire understanding between the parties relating to the Services. Client’s additional or different Terms and Conditions shall not apply without previous written agreement. No change to any of the Terms and Conditions herein or in any Quotation or Fee Proposal issued hereunder shall be valid unless in writing and signed by an authorised representative of each party.
3. OBLIGATIONS OF REALM COMMUNICATIONS
(i) Realm Communications shall provide to the Client the Services specified in the Quotation or Fee Proposal. The Client acknowledges that:
(a) Realm Communications’ ability to perform the Services is dependent upon the Client discharging its obligations in a timely and professional manner.
(b) Realm Communications warrants that it will perform the Services in a professional manner using reasonable skill and care, and in accordance with sound practices and standards pertaining thereto.
(c) Planning Application images are impressions only and are not verifiable unless specified on the quote and are based on the accuracy of information supplied by the Client and any third party suppliers. Verifiable images are created to current industry standard techniques at the time, using camera matching techniques that may be adjusted by eye. Materials and lighting of buildings are a close guide only based on guidance from the Architect.
(d) Unless otherwise agreed, the Services shall be performed during the Client’s normal business hours (08:00 to 17:00, Monday to Friday). Realm Communications reserves the right to provide the Services remotely (where practicable).
4. OBLIGATIONS OF CLIENT
(i) The client shall be responsible, in all cases and without exception, for securing any and all prior-access permissions (including payment of any fees and/or arranging security clearance) that may from time to time be required in order for Realm and its representatives to obtain view photography and view specific survey data. Should our photography and survey team not be able to capture a requested viewpoint or viewpoints when attending site (due to any necessary permissions not being obtained prior to visit) then we reserve the right to charge for abortive time spent at site. Should a return to site subsequently be required to capture the abortive view(s) then we reserve the right to re-charge for the relevant photography and survey costs accordingly.
(ii) The Client shall provide Realm Communications with access to, and use of, all information, data, and documentation, which is reasonably necessary for Realm Communications to perform the Services including, but not limited to, the required CAD drawings/3D model, supporting photography, site plans and material specifications.
5. EXPENSES AND DISBURSEMENTS
(i) All reasonable expenses and disbursements incurred by Realm Communications personnel or their agents in providing the Services shall be payable by the Client.
6. PRICE AND PAYMENT
(i) The price for the Services is as stated in the relevant Quotation or Fee Proposal and excludes VAT, couriers and additional charges due to weather conditions affecting site surveys and commissioned photography. Costs do not include supplying the 3D model, Photoshop files, base photography, film footage or survey information to the Client - this would be negotiated separately if required. Costs assume the design is complete and will not change. Design changes shall be charged at a pre-quoted hourly rate.
(ii) Full payment shall be paid by Client upon receipt of an accurate invoice which shall be raised upon completion of the provision of the Services. In certain cases full payment or part payment may be required before works start. Stage payments are required for work that extends beyond one month. For subsequent projects a credit account facility may be set up and, at Realm Communications’ discretion, the Client shall pay all accurate invoices within fourteen days from the date of invoice.
(iii) Should any sum due to Realm Communications remain unpaid after fourteen days from the date of any written late payment notice issued to Client, Realm Communications shall be entitled to interest on the amount due at the rate of 4% (four per cent) per annum above the RBS base rate ruling from time to time, calculated from the date due to date of payment.
(iv) When the client requests overtime, the following rates shall apply: Evenings and Saturday and Sunday working – one hundred and fifty per cent of the day rate. Where the Client varies their requirements not covered in the Quotation or Fee Proposal, instruction to proceed verbally or in writing shall be taken as agreement to pay the extra charges incurred.
7. CONFIDENTIAL INFORMATION
Each party shall protect against any unauthorised disclosure of the information of the other party which is clearly designated in writing as being confidential (hereinafter referred to as “Confidential Information”) by using the same degree of care as it takes to preserve and protect its own Confidential Information of a similar nature, but in no event shall this be less than a reasonable degree of care. Such obligation shall continue for a period of five years from the date of completion of the provision of the Services. In the event of oral disclosure of Confidential Information, such information shall be treated in accordance with the provisions of this clause from the time of disclosure, provided that the information disclosed shall be summarised in writing, marked as being Confidential Information and sent to the other party within ten calendar days of the initial oral disclosure.
(iii) Neither party shall be required to treat as confidential any information which is already in its possession, is in or comes into the public domain, is independently developed by it, or is lawfully obtained from third parties without restriction on disclosure.
8. INTELLECTUAL PROPERTY RIGHTS
(i) All copyright and other intellectual property rights existing prior to the date of the commencement of the provision of Services shall vest in their originator absolutely.
(ii) All copyright and other intellectual property rights in any work created by Realm Communications shall vest with Realm Communications. If the client allows the images to be used in the public domain, Realm Communications should be credited in the following format: ‘Image created by Realm Communications © 2015’. The Client may not sell the work to a third party; such uses must be discussed with Realm Communications and agreed in advance.
9. REMEDIES AND LIABILITIES
(i) This Clause prevails over all other clauses and sets forth the entire liability of each party, and the sole and exclusive remedies of Client, whether in contract or in tort (including negligence) or otherwise.
(ii) Liability of either party shall not exceed the applicable financial limit in respect of any dispute on quantity, quality, timings on delivery of work that Realm Communications agree, for no more than one hundred and twenty five percent of the total value of the relevant quotation.
(iii) Realm Communications shall not be liable for indirect or consequential damages.
(iv) Realm Communications accepts no responsibility for loss or work through failure in the postal, courier, digital file transfer or electronic mail systems.
(v) The Client is responsible for ensuring all data received electronically is virus-free. Realm Communications cannot accept responsibility or for any disruption, damage and/or loss to your data or computer system that may occur.
(i) Notwithstanding any termination of these Terms, any Quotation or Fee Proposal shall continue in force until the Services to be provided have been completed by Realm Communications and Realm Communications has received full payment.
(ii) Either party may terminate the performance of Terms or any Quotation or Fee Proposal issued hereunder, by notice in writing, in the event of:
(a) Material breach by the other of any material obligation hereunder and failure to remedy such breach within twenty eight days of receipt of written notice to do so; or
(b) Proceedings in bankruptcy, insolvency or winding-up by or against the other party or the appointment of an assignee for the benefit of creditors or of a receiver or of any similar situation arising.
(iii) Any termination shall be without prejudice to the accrued rights of either Party (including Realm Communications’ right to receive payment, in respect of any antecedent breach or non-performance of its obligations hereunder).
(iv) In the event of work stopping as requested by Client, Client is liable to pay the proportion of completed work to date to Realm Communications.
(i) For the purposes of these Terms, Realm Communications is an independent contractor and neither party shall be deemed to be an agent of the other. These Terms may not be assigned by either party without the prior written consent of the other part such not to be unreasonably withheld.
(ii) All notices relating to these Terms shall be in writing and delivered by courier or hand or sent to the other party by first class pre-paid mail with return receipt requested, to the address of such party specified above and shall be deemed received on actual receipt.
(iii) No delay, failure or default in performance of any obligation of either party hereunder, excepting all obligations to make payments hereunder, shall constitute a breach of these Terms to the extent caused by force majeure.
(iv) Client shall not offer any of Realm Communications’ personnel employment nor shall it contract directly with any of Realm Communications’ sub-contractors without the prior written agreement of Realm Communications. Realm Communications’ agreement may be provided with conditions.
(v) These Terms shall be governed by and construed under English Law. If any provision of these Terms shall be held by a court of competent jurisdiction to be unenforceable, then such unenforceable provision shall be struck out of the Agreement.