Terms and Conditions

These terms and conditions (the “Terms”) apply to all services that SurrealViz provides to any natural or legal person (the “client”). By accepting these Terms, the client confirms to have read, understood and accepted its contents. Accepting these Terms is a condition to use the services provided by SurrealViz.
Terms and Conditions:

  1. Prior to the commencement of any work, SurrealViz will issue a written email quotation based on the information provided by the client. 50% of the quotation cost is required as a deposit before any work can commence unless an alternative arrangement has been made and confirmed and accepted by SurrealViz in writing. If the client cancels the project, the aforementioned deposit is not refundable.
  2. Services provided by SurrealViz are to be used solely as a guide to visualise an artist’s impression of the final product. The finished construction, design and product may vary significantly to SurrealViz’ generated visuals.
  3. Any visuals created by SurrealViz for a client may be used by SurrealViz for any purpose it sees fit. For example, SurrealViz is entitled to publish such visuals on its website and use them for its own promotional proposes.
  4. Any designs and specifications for structural property development remain the property of the originating client.
  5. Quotations are valid for the duration specified on the quotation, provided that the information upon which the quote was based does not change. If no duration is specified 28 days from the quotation date will apply.
  6. Cost estimates and quotations are estimates only and may be subject to change. SurrealViz will notify you of any changes to cost estimates and will seek your approval before continuing work.
  7. Quotations and cost estimates are based on an estimated number of hours required to complete the initial provided job specifications. Any changes to SurrealViz’ perceived client’s requirements or scope of work that increase the amount of hours required to complete the work will incur additional fees and may impact the completion date that was originally specified.
  8. The timely delivery of the work product is contingent on prompt and precise client feedback. Although SurrealViz will put reasonable efforts to timely deliver the work product, SurrealViz cannot guarantee that the work will be delivered within the agreed timeframe. SurrealViz may, in its sole discretion, unilaterally extend the timeframe to complete the work for as long as SurrealViz deems necessary.
  9. All accounts are to be paid within 14 days of the billing date. Interest may be charged on outstanding balances at the rate of 3% per month if this due date is not met.
  10. SurrealViz reserves the right to cease work or withhold any finished work until all outstanding accounts are paid in full.
  11. The client undertakes and agrees to indemnify SurrealViz against any and all claims from 3rd parties arising from or in any way connected or associated with: (i) the provision of services by SurrealViz; and (ii) any materials provided by the client to SurrealViz
  12. To complete the work assigned by the client to SurrealViz, SurrealViz may use the services of independent contractors. The client agrees not to hold SurrealViz liable in the event of losses or damages of any types resulting from acts or omissions of such contractors, including but not limited to, violations of copyright, patent, trademark, and trade secrets laws. The client agrees that, although SurrealViz and its contractors will put reasonable efforts to protect any information provided by the client to SurrealViz and its contractors, the client shall not hold SurrealViz and its contractors liable for any loss, leaks, illegal access, or misuse of information provided by the client to SurrealViz and its contractors.
  13. Visuals created by SurrealViz are for illustrative purposes only. The finished construction may vary significantly to SurrealViz’ generated visuals. To the extent not prohibited by law, SurrealViz provides the visuals on an “as is” basis, without warranties or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. To the extent not prohibited by law, in no event shall SurrealViz be liable for any consequential, indirect, incidental, punitive, special or other related or similar damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, and the like connected with visuals created by SurrealViz, and for any clause of action, including contract, tort (including negligence) or otherwise, even if SurrealViz has been advised of the possibility of such damages. In the event a court of law finds the disclaimer of liability in the preceding sentence to be unenforceable, the maximum liability of SurrealViz shall not exceed 50% of the fees paid by the client to SurrealViz in the calendar year in which the liability occurred.
  14. Due to potential colour differences among computer monitors, mobile devices, printers, manufacturers colours, and due to digital processing, SurrealViz cannot guarantee that colours you see on your visuals or print outs will be an exact match to the colours selected by the client.
  15. The unenforceability of any single provision of these Terms shall not affect any other provision hereof. A failure of a party to enforce strictly a provision of these Terms shall in no event be considered a waiver of any part of such provision. These Terms constitute the entire understanding between the parties with respect to the subject matter thereof and supersedes all prior agreements, negotiations and discussions between the parties relating thereto. These Terms may only be amended by a prior written agreement between the parties.
  16. Each party shall act solely as an independent contractor, and nothing in these Terms shall be construed to give either party the power or authority to act for, bind, or commit the other party in any way. Nothing herein shall be construed to create the relationship of partners, principal and agent, or joint-venture partners between the parties.
  17. These Terms shall be read, construed and take effect in accordance with the laws of the state of Western Australia, Australia and the parties hereto expressly agree to submit to the exclusive jurisdiction of the courts in Western Australia, Australia.