1. Our details
These terms and conditions ("Terms") apply to the sale of all services
and goods in the business to consumer sector between Fatwax Design
Limited (trading as "Fatwax Design") under company number 6257368 and
whose principal place of business is at Studio 51,
405 Kings road,
Chelsea,
London,
SW10 0BB ("we/us") and any visitors ("you/the client/ the customer") to
the website www.fatwax3d.com ("Site").

2. Your Account
If you use the website, you are responsible for maintaining the
confidentiality of your account and password and for restricting access
to your computer to prevent unauthorised access to your account. You
agree to accept responsibility for all activities that occur under your
account or password. You should take all necessary steps to ensure that
the password is kept confidential and secure and should inform us
immediately if you have any reason to believe that your password has
become known to anyone else, or if the password is being, or is likely
to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and
complete and inform us immediately of any changes to the information
that you provided when registering.
Fatwax Design reserves the right to refuse access to the website,
terminate accounts, remove or edit content, or cancel orders at our
discretion.

3. Access to Fatwax3d.com
We will do our utmost to ensure that availability of the website will
be uninterrupted and that transmissions will be error-free. However,
due to the nature of the Internet, this cannot be guaranteed. Also,
your access to the website may also be occasionally suspended or
restricted to allow for repairs, maintenance, or the introduction of
new facilities or services. We will attempt to limit the frequency and
duration of any such suspension or restriction.

4. Licence for website access
Fatwax Design grants you a limited licence to access and make personal
use of this website, but not to download or modify it, or any portion
of it, except with express written consent of Fatwax Design. This
website or any portion of this website may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for
any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any image, logo,
or other proprietary information (including images, text, page layout,
or form) of Fatwax Design and its affiliates without express written
consent.
You are granted a limited, revocable, and non-exclusive right to create
a hyperlink to the Welcome page of Fatwax Design as long as the link
does not portray Fatwax Design, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any Fatwax Design logo or other proprietary
graphic or trademark as part of the link without our express written
consent.

5. Your conduct
You must not use the website in any way that causes, or is likely to
cause, the website or access to it to be interrupted, damaged or
impaired in any way. You understand that you, and not Fatwax Design,
are responsible for all electronic communications and content sent from
your computer to us and you must use the website for lawful purposes
only.
You must not use the website for any of the following: for fraudulent
purposes, or in connection with a criminal offence or other unlawful
activity to send, use or reuse any material that is illegal, offensive,
abusive, indecent, defamatory, obscene or menacing; or in breach of
copyright, trademark, confidence, privacy or any other right; or is
otherwise injurious to third parties; or objectionable; or which
consists of or contains software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings or any "spam" to
cause annoyance, inconvenience or needless anxiety

6. Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered
by Fatwax Design and validated by the customer's signature on the
estimate or quotation form, constitutes acceptance of the estimate or
quotation and agreement to comply fully with all the Terms and
Conditions and forms a Contract for Business between the signatory and
Fatwax Design.

7. Project Acceptance
At the time of proposal, Fatwax Design will provide the customer with a
written estimate or quotation. The quotation given by Fatwax Design
will be valid for 28 days from the date of quotation. A copy of the
written estimate or quotation is to be signed and dated by the customer
to indicate acceptance and should be returned to Fatwax Design.
Alternatively, the client may send an official order in reply to the
estimate or quotation which binds the client to accept Fatwax Design’s
terms and conditions. No work on a project will commence until either
document has been received by Fatwax Design. If the clients final order
changes from the original specification made for the quotation, Fatwax
Design reserves the right to vary the quotation.

Fatwax
Design reserves the right at it’s sole discretion to accept or refuse
any order placed by the customer on the basis of quotations issued and
in the event of a refusal no damages or expenses of any kind whatsoever
shall be payable by Digital Studio 24 to the customer.

8. Design Charges
Charges for design services to be provided by Fatwax Design, will be
set out in the written estimate or quotation that is provided to the
customer. At the time of the customer's signed acceptance of this
estimate or quotation, indicating acceptance of the Terms &
Conditions, a non-refundable deposit of 30% of the quoted fee will
become immediately due. Deposits totalling £500 or more are subject to
a possible partial refund, taking into account the already-executed
project related activities and performances. Work on the project will
not commence until Fatwax Design has received the deposit.

9. Customs
When ordering goods from Fatwax Design for delivery overseas you may be
subject to import duties and taxes, which are levied once the package
reaches the specified destination. Any additional charges for customs
clearance must be borne by you; we have no control over these charges
and cannot predict what they may be. Customs policies vary widely from
country to country, so you should contact your local customs office for
further information. Additionally, please note that when ordering from
Fatwax Design, you are considered the importer of record and must
comply with all laws and regulations of the country in which you are
receiving the goods. Your privacy is important to us and we know that
you care about how information about your order is used and shared. We
would like our international customers and customers dispatching
products internationally to be aware that cross-border deliveries are
subject to opening and inspection by customs authorities.

10. Losses
Fatwax Design will not be responsible for any business loss (including
loss of profits, revenue, contracts, anticipated savings, data,
goodwill or wasted expenditure) or any other indirect or consequential
loss that is not reasonably foreseeable to both you and us when you
commenced using the website or when a contract for the sale of services
and good by us to you was formed.

11. Other businesses
Fatwax Design provides links to the websites of affiliated companies
and certain other businesses. We are not responsible for examining or
evaluating, and we do not warrant or endorse the offerings of any of
these businesses or individuals, or the content of their websites.
Fatwax Design does not assume any responsibility or liability for the
actions, products, and content of any of these and any other
third-parties.

12. The project folder
After reception of the deposit by Fatwax Design, the client will be
allocated a project folder on the website of Fatwax Design. This
project folder will allow the client to upload any information he or
she deems to be relevant and/or necessary for the development of the
project. Additionally, the project folder will allow the client to
download the draft and final version of the project images and or
animations.
All information provided by the client to Fatwax Design will be scanned
for viruses or any other harmful files. It will not be possible for the
client to upload *.exe file onto the website.

13. The process
The development of the 3D images and animations will take place in 4 main steps as described below:
Step 1: the quotation
Step 2: the wire model
Step 3: the rendered model
Step 4: the final result
During every step, the client will have one opportunity to give
comments and additional information for the next step. A step or stage
is considered complete once comments have been submitted in the project
folder allowing the designer to actually finish that particular stage.
The submittal of additional comments or requests after the completion
of a step will be considered a change or alteration and will be
invoiced accordingly.

14. Submitting the comments and additional information
During the different stages of the development of the 3D images and 3D
animations, the client will submit his comments and additional
information in the project folder and confirm the posting of the
comments via e-mail.

15. Electronic communications
When you visit Fatwax Design or send e-mails to us, you are
communicating with us electronically. We communicate with you by e-mail
or by posting notices on the website. For contractual purposes, you
consent to receive communications from us electronically and you agree
that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that
such communications be in writing. This condition does not affect your
statutory rights.

16. Charges for Other Services
Charges for any additional services over and above the estimated
design, will become fully payable (100% of the quoted amount) at the
time of estimate or quotation acceptance.

17. Design Project Completion
Fatwax Design considers the design project complete upon receipt of the
customer's signed Approval form. Other services such as printing,
display panel production, etc either contracted on the clients behalf
constitute a separate project and can be treated as a separate charge.

18. Alterations
The customer agrees that changes required over and above the estimated
work or required to be carried out after acceptance of the design
development in one of the indicated steps will be liable to a separate
charge.

19. Payment
The customer will be provided with an Approval Form and Invoice
together with the final publication. At this time the remainder of the
amount due will become payable and the customer will also be required
to sign and return the Approval Form to Fatwax Design. Accounts which
remain outstanding for 28 days after the date of invoice, will incur an
extra charge of 2% per week of the outstanding amount. We accept
American Express, MasterCard and Visa credit cards via our secured
website payment page. Alternatively, you can pay over the phone or send
us a check (for UK clients only). The currency of payment will be in UK
Stirling Pounds. For practical guidelines in regards with payment,
visit our website www.fatwax3d.com or call us on ++44 (0)560 1324 537.
Publication and/or release of work provided by Fatwax Design on behalf
of the client, may not take place before cleared funds have been
received. Returned cheques will incur an additional fee of £50 per
returned cheque. Fatwax Design reserves the right to consider an
account to be in default in the event of a returned cheque.

Fatwax
Design may at it’s sole discretion require at any time by invoice that
all or part of the price shall be paid in advance or on account. Sums
so invoiced shall be immediately payable.

20. Default
An account shall be considered default if it remains unpaid for 30 days
from the date of invoice, or following a returned cheque. Fatwax Design
shall be considered entitled to remove Fatwax Design's and/or the
customer's material from any and all computer systems, until the amount
due has been fully paid. Removal of such materials does not relieve the
customer of it's obligation to pay the due amount. Customers whose
accounts become default agree to pay Fatwax Design’s reasonable legal
expenses and third party collection agency fees in the enforcement of
these Terms and Conditions.

21. Privacy
We will take all reasonable precautions to keep the details of your
order and payment secure by using a third party payment provider whom
we understand uses industry standard Secure Sockets Layer (SSL)
encryption technology, making our pages secure. Accordingly, unless we
are negligent, we cannot be held liable for any losses caused as a
result of unauthorised access to your information, either on our site
or our payment provider’s.

22. Copyrights and Trademarks
By supplying drawings, sketches, text and other data to Fatwax Design
for inclusion in the customer's 3D images and animations or other
medium, the customer declares that it holds the appropriate copyright
and/or trademark permissions. The ownership of such materials will
remain with the customer, or rightful copyright or trademark owner. Any
artwork, images, or text supplied and/or designed by Fatwax Design on
behalf of the customer, will remain the property of Fatwax Design
and/or its suppliers. The customer may request in writing Fatwax
Design, the necessary permission to use materials (for which Fatwax
Design holds the copyright) in forms other than for which it was
originally supplied, and Fatwax Design may, at its discretion, grant
this. Such permission must be obtained in writing before it will allow
any of the aforesaid artwork, images, text, or other data to be used.
By supplying plans, drawings, text, or any other data to Fatwax Design,
the customer grants Fatwax Design permission to use this material
freely in the pursuit of the design. Should Fatwax Design, or the
customer supply a drawing, sketch, image or any other file for use in a
3D image, animation or any other medium believing it to be copyright
and royalty free, which subsequently emerges to have such copyright or
royalty usage limitations, the customer will agree to allow Fatwax
Design to remove and/or replace the file. The customer agrees to fully
indemnify and hold Fatwax Design free from harm in any and all claims
resulting from the customer in not having obtained all the required
copyright, and/or any other necessary permission.

23. Permitted Uses
The customer may use the images, animations or any other data supplied
and/or designed by Fatwax Design, after payment, in their personal,
professional, editorial and client projects and in part with the normal
flow of a project with printers and service bureaus. The customer may
use the images or animations as often as they wish, there is no time or
size limit to their use of the image except as mentioned in these terms
and conditions. These terms and conditions grants the customer a
non-exclusive, non-transferable right to use and reproduce the
purchased images or animations from Fatwax Design as listed below:
• Non-exclusive means we can sell the same image and these rights to other customers
• Non-transferable means you cannot pass on the image and associated rights
Electronic and Digital Uses: as a part of the graphic content of any
electronic or digital work including web sites, kiosks, banner ads,
broadcast video, multimedia including film and video, screens savers,
electronic presentations e.g.- PowerPoint, CD-ROMs provided that no
Image is at a resolution greater than 72 dpi. and is incorporated into
a design so that it is clearly not intended to be copied or downloaded.
Print Uses: any tangible materials including newspapers, magazines,
reports, books, brochures, catalogues, CD/DVD covers, posters, board
games, greeting cards, postcards, calendars, T-shirts, credit cards,
phone cards, resale products and packaging and advertising materials.

24. Prohibited uses
You may not post the Image at a resolution higher than 72 dpi on a
website or make it available for download as a file by any electronic
means. You will make all efforts to avoid pirating of the Image files
by employees and users of electronic media. And you definitely cannot
sell, rent, grant or transfer any rights to the Image to any person or
organization. This applies but is not exclusive to offering the
Image(s) on another stock agency site or as CD-ROM compilations.
Images may not be used in any pornographic, libellous, obscene,
defamatory context or other unlawful material, program or application.
The user and or purchaser of the digital image file from Fatwax Design
may not reproduce an image in any traditional or electronic
photographic medium for fine art purposes such as usage for display in
an art gallery, book or CD collection. Watermark or copyright notice
may not be removed from the image file.

25. Licensing
Any 3D image, animation, design, copywriting, drawing or idea created
for the customer by Fatwax Design, or any of it's contractors, is
licensed for use by the client only and may not be modified, re-used,
or re-distributed in any way or form without the express written
consent of Fatwax Design and any of it's relevant sub-contractors. All
design work- where there is a risk that another party make a claim,
should be registered by the client with the appropriate authorities
prior to publishing or first use or searches and legal advice sought as
to its use. Fatwax Design will not be held responsible for any and all
damages resulting from such claims. Fatwax Design is not responsible
for any loss, or consequential loss, non-delivery of products or
services, of whatever cause. The customer agrees not to hold Fatwax
Design responsible for any such loss or damage. Any claim against
Fatwax Design shall be limited to the relevant fee(s) paid by the
customer.

26. Confidentiality
Although Fatwax Design keeps the copyright on the 3D images and
animations provided, the client can, via an explicit written request,
ask Fatwax Design not to use any of the provided 3D images or
animations of a particular project for marketing purposes or any other
related purposes due to the confidential nature of the project. This
means that Fatwax Design and all of their consortium members and/or
sub-contractors agree not to use and of the information received by the
client and any produced 3D images or animations for any purpose other
than the performance of the agreement. Fatwax Design agrees to only
disclose confidential information to its sub-contractors and consortium
members on a "need to know" basis.

27. Data Formats
The client agrees to Fatwax Design’s definition of acceptable means of supplying data to the company.
All data necessary for the development of the project are to be
uploaded in the allocated project folder located on the website of
Digital Studio. Alternatively, information can be forwarded to Fatwax
Design via e-mail. For larger files Images (larger than 10Mb), data can
be send to Fatwax Design on a CD or DVD via regular mail or courier
express. The data provided for use in the development of the project,
3D images and animations must be of a quality suitable for use without
any subsequent image processing, and Fatwax Design will not be held
responsible for any image quality which the client later deems to be
unacceptable. Fatwax Design cannot be held responsible for the quality
of any images which the client wishes to be scanned from printed
materials. All information provided by the client to Fatwax Design will
be scanned for any viruses or any other harmful files. It will not be
possible for the client to upload *.exe file onto the website. The
customer agrees to supply Fatwax Design with all necessary materials,
electronic, or otherwise, required to create and complete the project,
and to supply them in a timely manner.

28. Design Project Duration
Any indication given by Fatwax Design of a project's duration is to be
considered by the customer to be an estimation. Fatwax Design cannot be
held responsible for any project over-runs, whatever the cause.
Estimated project duration should be deemed to be from the date that
cleared funds are received by Fatwax Design for the initial payment or
by date confirmed in writing by Fatwax Design.

29. Delivery of services
Fatwax Design will make the different services available via the
website where the client then has the opportunity to download the
temporary and final results of the 3d images and animations. The
different files will be available for 2 weeks after the uploading of
the final 3d image or animation by Fatwax Design. If the client wishes
to receive a copy of the files after the 2 week period, he or she will
have to make a written request or send an e-mail to
info@fatwax3d.com. There will be no charges for this delivery
service.

30. Delivery of larger files or hard copies
In case of large files (larger than 50Mb), Fatwax Design will submit
the information to the client on a CD-rom or DVD via First Class post,
Parcelforce or DHL Express to deliver the goods. Similarly, if you
decided to request a hard copy of the animation or 3D images to be
delivered at your home or business address, Fatwax Design will use
First Class post, Parcelforce or DHL Express to deliver the goods. When
you request this service, we'll estimate dispatch and delivery dates.
It should be taken into account however that these dates are only
target dates and these dates should therefore not be considered final.
Costs for P&P will be added to the bill.

31. Replacement
We will bear the risk of the goods delivered to you whilst in transit.
Risk of loss of or damage to the goods passed to you on delivery,
whether or not the price has been paid and you will be liable for their
loss or destruction.

32. Rights of Refusal
Fatwax Design will not include in its designs, any text, images or
other data which it deems to be immoral, offensive, obscene or illegal.
All material must conform to all standards laid down by all relevant
advertising standards authorities. Fatwax Design also reserves the
right to refuse to include submitted material without giving reason.
Any images and/or data that Fatwax Design does include in all good
faith, and then finds out that it contravenes these Terms and
Conditions, the customer is obliged to allow Fatwax Design to remove
the contravention without hindrance, or penalty. Fatwax Design is to be
held in no way responsible for any such data being included.

33. Cancellation
Cancellation of orders may be made initially by telephone contact, or
e-mail, however, following this, Fatwax Design will need formal
notification in writing to the company's postal address. The client
will then be invoiced for all work completed over and above the
non-refundable deposit that will have been made at the time of first
ordering. The balance of monies due must be paid within 14 days. Please
note: any cancellation which is not formally confirmed in writing and
received by Fatwax Design within 14 days of such instruction being
issued, will be liable for the full quoted cost of the project.

34. Disclaimer
Fatwax Design makes no warranties of any kind, express or implied, for
any and all products and/or services that it supplies. Fatwax Design
will not be held responsible for any and all damages resulting from
products and/or services it supplies. Fatwax Design is not responsible
for any loss, or consequential loss of data, or non-delivery of
products or services, of whatever cause. While we take reasonable steps
to investigate the procedures we recommend, we accept no responsibility
for the performance or quality of materials or services or any
consequential loss arising from their failure. The customer agrees not
to hold Fatwax Design responsible for any such loss or damage. Any
claim against Fatwax Design shall be limited to the relevant fee(s)
paid by the customer. Fatwax Design reserves the right to use the
services of sub-contractors, agents and suppliers and any work,
content, services and usage is bound by their Terms and Conditions.
Fatwax Design will not knowingly perform any actions to contravene
these and the client also agrees to be so bound. The client agrees to
not to hold Fatwax Design responsible for non-completion on time.

35. Events beyond our reasonable control
Fatwax Design will not be held responsible for any delay or failure to
comply with our obligations under these conditions if the delay or
failure arises from any cause which is beyond our reasonable control.
This condition does not affect your statutory rights.

36. Dispute Resolution
a. The parties agree that if any dispute should arise under this
agreement, attempts in good faith by both parties will be made to
resolve the matter fairly before resorting to court procedures. In
doing so, each party agrees to use its best endeavours to:
Clearly communicate in writing the background facts leading to or causing the dispute
Set out clearly what action is required to settle the dispute
Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution
Discuss specific means of avoiding such disputes in the future
b. Attempts to resolve the dispute must follow the following procedure:
- The person complaining shall set out in writing the background, the issues and the outcome desired.
- The person to whom the complaint is addressed will reply in writing
within 10 business days to each issue in dispute setting out its
perspective on the issue and the outcome desired.
- If the dispute is not resolved in accordance with this exchange of
written issues and outcomes, then the complainant will raise the matter
with a neutral professional adviser or Alternative Dispute Resolution
(ADR) provider.
- If the dispute is not resolved in accordance with such reference, the
matter shall be referred to a single agreed arbitrator within 10
business days; whose decision shall be final.
- In the case of disagreement on the appointment of a single
arbitrator, then the parties shall be entitled to nominate one
independent arbitrator with 7 days of disagreement and a coin will be
tossed by an independent person to decide which will act as arbitrator
of the dispute.
- Action taken to settle the dispute at each stage must be undertaken
promptly and the parties shall equally share the costs associated with
this dispute settlement procedure.

37. General
These Terms and Conditions supersede any previous Terms and Conditions
distributed in any form. Fatwax Design reserves the right to change any
rates and any of the Terms and Conditions at any time and without prior
notice.