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Terms and Conditions
Introduction
1.1 These terms and conditions ("Agreement") govern the relationship between Giant Bonsai ("Company") and the client ("Client") in connection with the provision of CGI animation services ("Services") by Giant Bonsai.
1.2 By engaging Giant Bonsai's Services, the Client agrees to be bound by these terms and conditions.
Scope of Services
2.1 Giant Bonsai shall provide services as agreed upon with the Client. The specific details of the Services, including deliverables, timelines, and pricing, shall be outlined in a separate agreement or project proposal.
2.2 The Client acknowledges that Giant Bonsai's Services are creative and subjective in nature. Giant Bonsai shall make reasonable efforts to meet the Client's expectations but cannot guarantee specific results or outcomes.
Intellectual Property
3.1 Giant Bonsai retains all intellectual property rights, including copyright, to any original CGI Imagery and animation created by Giant Bonsai during the provision of Services, unless otherwise agreed upon in writing.
3.2 Upon full payment, Giant Bonsai grants the Client a non-exclusive, non-transferable licence to use the final deliverables for the agreed-upon purposes. The Client may not modify, reproduce, distribute, or create derivative works based on the deliverables without Giant Bonsai's prior written consent.
3.3 Giant Bonsai will not release working files or other files made during the process of creating the deliverables.
Payment Terms
4.1 The Client shall pay Giant Bonsai the agreed-upon fees for the Services as outlined in the project proposal or agreement.
4.2 Payment shall be made according to the payment schedule specified in the project proposal or agreement. Giant Bonsai reserves the right to withhold deliverables until full payment has been received.
4.3 In the event of late payment, Giant Bonsai may charge interest or suspend Services until outstanding payments are settled.
4.4 Our standard payment terms are 30 days from the date of invoice, unless otherwise agreed.
5. Quotations
5.1 If during the project the Client's final order deviates from the initial specifications provided for the quotation, Giant Bonsai retains the right to renegotiate the quotation with the client to align with the necessary modifications.
6. Turnaround times
6.1 Giant Bonsai will make all reasonable efforts to meet agreed upon targets and deadlines. However the estimated turnaround times provided at the time of booking the job are estimates, and Giant Bonsai cannot be held responsible for any inability to meet these deadlines.
6.2 Giant Bonsai retains the right to apply a "rush fee" with the Client's consent to ensure that demanding deadlines can be met.
7. Confidentiality
7.1 Giant Bonsai acknowledges that it may have access to confidential information of the Client, including trade secrets, business strategies, or proprietary information. Giant Bonsai agrees to maintain the confidentiality of such information and not disclose it to third parties without the Client's prior written consent.
7.2 The Client acknowledges that Giant Bonsai may use the Client's branding, logos, or project details in its promotional materials, subject to obtaining the Client's approval.
8. Liability and Disclaimers
8.1 Giant Bonsai shall perform the Services with reasonable skill and care. However, the Client acknowledges that Giant Bonsai cannot guarantee the absence of errors, interruptions, or inaccuracies in the CGI animations or related services. Giant Bonsai will strive to correct any such errors within a reasonable timeframe.
8.2 Giant Bonsai shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the Services, including but not limited to lost profits, data loss, or business interruption.
9. Termination
9.1 Either party may terminate the Agreement upon written notice if the other party fails to fulfil its obligations under this Agreement and does not remedy such breach within a reasonable period.
9.2 In the event of termination, the Client shall pay Giant Bonsai for all Services rendered up to the termination date.
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