A. Working methodology
1. Project manager
For project management, we need, from the start of the project as defined in the offer, a contact person who is authorized to make decisions and is available as a project manager for the exchange of information until the completion of the agreed-upon images. The availability of the contact person is guaranteed when the project manager can address any requests by e-mail or phone within 90 minutes during the general office hours from 08:30 a.m. to 17:30 p.m. (Spain).
2. Basic data
Before starting work, we need some basic data from your project.
2.1. The basis before starting working on a visualization is a 3D model with the following characteristics:
- Design data in Obj, Collada or FBX. Archicad, Cinema4D and others must be exported in FBX;
- A layered structure of files in which all the elements are sorted according to building components and materials (for example, white concrete exterior walls / aluminium frames black matte/glass panels)
- Geometry adjusted for the non-visible components. The overlapping of two surfaces on the same site (co-planar geometry) as well as not properly welded geometry on the edges (non-welded vertexes) must be corrected by the client;
- Glass surfaces must be 1 cm thick;
- Before exporting your model, please make sure that the drawing unit is set to meter.
2.2. The following environmental data constitutes another basis for a visualization.
- Files describing all architecture and landscape architecture in .dwg and .pdf formats;
- Background images to serve as the background for the perspectives that will be created (at least 3000 px. width in lighting conditions that correspond to the desired result);
- Property location and address;
- Description of landscape architecture;
2.3. Further project data for interior visualizations.
- Summary of the space allocation plan and the functions;
- Description of materials and references.
- Description of furniture and references.
- Descripción of lighting elements with references.
- Description of decorative elements with references.
2.4. If the basic data does not meet the requirements defined above or it is not sufficient for doing the visualization for any reason, Render4tomorrow may require further information before starting work. If any aspect of the basic data is not clear enough after this request, Render4tomorrow will proceed on the basis of its own criteria if the client agrees.
3. Creation of the 3D model
If the order includes the production of a 3D model, we will need the following information/materials:
- Construction documents (master plan, site map, floor plans, elevations, cuts, construction details) in .dwg format.
- Information concerning the functions of individual parts of the building;
- Information concerning the materials;
- In case of interior visualizations, information concerning the decorative elements, if necessary.
The provisions of paragraph 2.4 apply accordingly.
4. Workflow for project processing
4.1. The visualization is done in three phases. Each phase is considered as an independent sub-project.
- Phase 1. Phase 1 serves to coordinate the geometry and camera position. If the production of a 3D model is a requirement of the order, such work shall be completed in this phase. Upon completion of Phase 1, geometry and camera settings are bindingly fixed.
- Phase 2. This phase serves to create the materials and furniture, if necessary, as well as the general mood of the image through the lighting setup. Upon completion of Phase 2, the mood of the image and the light direction will be bindingly fixed. Further changes can be made within the framework of additional agreements.
- Phase 3. Post-production and delivery.
In this phase, living conditions are simulated by adding different elements to the image (people, animals, etc.). Also, minor tweaks could be made before getting the images ready to be delivered.
4.2. Before the beginning of the project, we can set, in consultation with the project manager pursuant to Paragraph 1, a timetable for the workflow of the project establishing fixed dates for the start of the project, the end of each phase and the end of the project itself.
4.3. Upon completion of the work, the final images will be available in .JPEG and .TIFF or .PNG format, with an image resolution of at least 3000 pixels. With the acceptance of the images as contractually compliant, you will subsequently obtain the right to use the
images within the context of the following provisions.
B. Legal basis of the contract
At your request, we will send you an offer for the visualization of your project. This offer determines the timetable in addition to the rates for the requested images.
1. Basic data/transfer of rights
1.1. By providing us with the basic data you are transferring to us, with respect to time and location, unlimited right of use. This includes the right to process, edit, reproduce, distribute, transmit and make available to the public our images with your basic data, all for advertising purposes, including the transfer of the material to third parties. If the purpose of the visualization is to take part in an architectural competition, we may exercise these rights only after the official announcement of the winner of the contest.
1.2. It is guaranteed that you possess all the necessary copyright and usage rights of the basic data provided; it is guaranteed that basic data is free of rights from third parties;
1.3. If the rights of third parties are violated by us through the contractually compliant processing and use of the basic data provided by you, you alone are liable for this and shall hold us harmless from all claims made by third parties for such violations of the rights of third parties.
2. Duty to cooperate
2.1 The fulfilment of your duty to cooperate is a contractually agreed-upon service within the framework of processing the order. The provision of basic data that is sufficient for the visualization, the timely provision of information and the declaration of interim and final acceptance are a part of your obligation to cooperate.
2.2. If the contractual duty to cooperate is not immediately fulfilled, despite express requests to cooperate, we assume no liability for damages due to the delayed completion of the images. You bear the burden of proof in demonstrating that you are not at fault for delayed cooperation if you do not react to our requests within 90 minutes during the office hours from 08:30 a.m. to 17:30 p.m.
3. Non-contractual modifications
The client shall have the right to make two changes that differ from the basic data provided before the beginning of the work.
Subsequent modifications that are not a part of the scope of the basic contractual offer or that fall under one of the completed phases are not a part of the contract and would be only made on the basis of mutual additional agreements if the timetable allows. If additional services that do not have an explicit compensation scheme are agreed upon, our services would be remunerated on an hourly basis.
4. Acceptance of partial performance and full performance
4.1. One of your main contributions to the completion of the visualization is the acceptance of the intermediate results of the individual project phases. Once the intermediate results are accepted, the project will continue being carried out. Acceptance occurs by express declaration or through conclusive action. At the end of each phase, we may provide you with several variants in the form of intermediate results from which you can choose, so that you recognize – subject to deviating written declarations – these as contractually compliant by selecting one of these variants.
The same applies if you, without objection, initiate the next phase of the project based on the intermediate results presented.
4.2. After the expiration of the deadline, the acceptance of the contract will be assumed.
5. Transfer of the rights of use of the finished images
Upon completion of the agreed-upon visualizations, we acquire intellectual property rights in these.
The following copyright notice must be visible anywhere the visualizations are published:
Visualization: Render4tomorrow Studio.
The content of this website as well as any material produced by Render4tomorrow may not be total or partially copied, reproduced, transmitted, altered or made available to third parties for any purposes without prior written permission of Render4tomorrow.
7. Violation of the duty to cooperate
7.1. If the required basic data is not provided or not provided within the established time frames, or if interim acceptances are not made or are rejected without any reason, or if the duty to cooperate or other obligations are violated, we may withdraw from the contract by express written declaration.
7.2. In this case, the compensation depends on the respective project phase and it is calculated as follows:
• Withdrawal before and in Phase 1: 50%
• Withdrawal in Phase 2: 70%
• Withdrawal in Phase 3: 100%
8. Termination of the order
8.1. Before completion of the images, you may terminate the contract at any time – also during the project processing – without giving any reason by providing written notice.
8.2. If you exercise your right to terminate, we would calculate our compensation in accordance with Paragraph 7.2.
9. Final provisions
9.1. In case of conflict of wording, the Spanish version of this contract has always priority.
9.2. These provisions, along with the Project Handbook, are an integral part of the contract. No verbal agreements were made or exist.
9.3. If there are exceptional conditions described in the email together with this contract, they have contractually value and take precedence to the terms described in this document.
TERCERA EDAD 22
30800 MURCIA, SPAIN
PHONE NUMBER: +34 661 682 783
VAT IDENTIFICATION NUMBER: ES 23296123K • ES 15471853Y
MANAGING DIRECTORS: PEDRO J. LÓPEZ • JUAN M. PÉREZ