Terms and Services
About GROWTH MEDIA LLC
GROWTH MEDIA is a Commercial Real Estate Marketing & 3D Architectural Visualization studio producing architectural presentation material for property projects across the USA.
Employer GROWTH MEDIA can start any project of any size in standard or express time frames. Our head office is based in Portland, OR. GROWTH MEDIA supports major Property Developers, Realtors, Architects, Engineers and Governments in visualizing their view of the future and realizing them to the community. Our 3D products are used in achieving development approval, and public interest with an emphasis on assisting the former in getting projects noticed, funded, and sold; outcome dependent upon use, offer, and outcome expectation of the purchasing body.
TERMS AND CONDITIONS
1. These terms and conditions of sale (“Conditions”) form part of every sale of product or service provided by GROWTH MEDIA LLC (“GROWTH MEDIA”, “us” and/or “we” as the context permits) or their agents. By accepting provision of any product/service, the customer (“you”) acknowledges that the product/service purchased is subject to these conditions. Payment for any product/service (“payment”) means cleared funds at GROWTH MEDIA’s designated bank account, cash, bank check received by GROWTH MEDIA or credit card subject to additional charges.
2. All payments for services provided by GROWTH MEDIA are to be paid in full prior to the start of any services rendered by GROWTH MEDIA unless otherwise agreed in writing.
Split payments for product/service ordered may be granted for projects that exceed a billing amount of $10,000. A 50% deposit payment for product/service ordered may be required in advance of commencement of any product/service provided by GROWTH MEDIA, unless otherwise agreed in writing. Balance of invoiced amount is to be paid before delivery of items listed on quotation invoice or contract. Should the project be delayed by you beyond 7 working days, GROWTH MEDIA reserves the right to invoice the work to date and request final payment under the conditions set out in these Terms and Conditions.
3. Use of the product/service supplied by GROWTH MEDIA, as part of the product/service requested, does not pass to you until payment for the total contract is received as “final payment for any product/service”.
4. We will make all reasonable efforts to provide the product/service to you on the date advised, either written or verbally advised, but we are under no liability if provision is not made on that date.
4.1 Unless otherwise specified, standard delivery times for 3D Perspectives and Animations are as follows: 10-12 business days for perspectives, 6-8 weeks for animations and 4-6 weeks for physical models, providing all the relevant information is provided to GROWTH MEDIA without delay. All relevant Information includes a full set of DWG drawings, including: elevations, plans, survey plans, external color scheme and material schedule, landscaping plan, interior furniture selection, joinery drawings, reflective ceiling plans (RCP’s), internal fittings and finishes schedule. A selected camera angle and relevant story board and camera pathway for animations. Delivery is contingent on prompt client feedback and from other consultants involved in the projects. Express projects require feedback within 2 hours of the image being sent to the client for comment, unless otherwise discussed. Final products will be provided in .jpeg format for all images and .mov format for all animations, unless otherwise requested.
5. Products/services are supplied in a staged process allowing for review and confirmation at each stage. You are required to provide your confirmation before the process proceeds into the following stage. Design/development changes or variation to initial design direction to your project may incur additional costs to cover additional workload to what was originally quoted. Feedback from multiple parties involved will be collated and communicated by you as the purchaser. Final confirmation and direction will be taken from you, unless otherwise agreed.
6. Although every possible measure is taken to ensure the final products are as accurate as possible, GROWTH MEDIA is not legally liable for the accuracy of the images, models and animations produced.
7. Images are rendered to 4000 pixels wide and supplied in 72 DPI. If a specific size is required please bring this to our attention before proceeding with the proposal and it will be quoted for accordingly.
8. The release of the 3D digital model files used to create our renders are not included in the quoted price. If 3D digital model files are requested to be released, GROWTH MEDIA reserves the right to refuse release of these at our discretion.
9. Physical models are shipped via our international freight partner. Whilst the model is in transit, the movements of the shipment are dictated by the shipment company and managed by GROWTH MEDIA.
10. Our liability to you for breach of contract, negligence or otherwise in respect of the product/service or supply of the product/service is limited to the replacement or value of the replacement of the product/service. Without limitation we are not liable for consequential loss or damages however arising.
11. In the event of dispute, the proper law governing our relationship is that of the State of Oregon.
12. We are not liable for infringement or unauthorized use of any intellectual property provided by you for use in the product/services supplied by GROWTH MEDIA. You further agree by placing an order with us to indemnify us against all claims, proceedings, demands, costs and liabilities arising in connection with any breach of the warranties contained in this clause. If any dispute or claim is made in respect of any infringement or unauthorized use of intellectual property we may terminate the arrangements with you by notice to you and without any liability by us to you or any other person.
13. Copyright of photographic images, unless permitted in writing, is limited to the use of images in the product/services provided by GROWTH MEDIA.
14. In producing the product/services, original works, in which copyright subsists under the US Copyright Laws, will be created, namely artistic works including images, design and animations. This copyright works will be produced by GROWTH MEDIA’s employees, its associated companies, or from a third party, individual, or company, that has granted copyright to GROWTH MEDIA.
15. GROWTH MEDIA reserves the right to halt, suspend or cease supply of the product/service if payment is not made when due. We will not be responsible for any loss incurred by you as a result of product/services being halted, suspended or ceased by us.
16. GROWTH MEDIA operates on a multinational level, therefore public holidays in our production studios may impact on the timing of particular projects.
17. GROWTH MEDIA reserves the right to utilize pro-rata invoicing for this project, billing for each individual campaign element separately, should the client require components prior to completion of overall campaign.
18. Acceptance of this quotation is subject to these Terms and Conditions and the accepted quotation forms an agreement between the company named on this acceptance and GROWTH MEDIA.
19. This quotation becomes a Contract of Sale between GROWTH MEDIA and the named purchaser upon the payment of the invoice(s).
20. The purchaser may nominate a substitute or additional purchaser, but the named purchaser remains liable for the due performance of all the purchaser’s obligations under this Contract of Sale. By making payment of the deposit invoice, this quotation will be an agreement and contract between GROWTH MEDIA and the nominated company outlined in the contact details on Page 1, unless otherwise agreed in writing. By making payment you are stating you are the authorized person to confirm on behalf of the company shown on this proposal and you further state all payments due under the contract are the responsibility of the nominated company.
We want you to be 100% satisfied with our Products & Services. If you are less than satisfied or believe there has been an error in billing, please contact our Customer Service Department by email at email@example.com immediately so that we can help you resolve the issue.
When contacting us, please include details relating to the Services you have purchased so that we can ensure you are completely satisfied with your Growth Media experience. All refund requests must be made prior to the final presentation of deliverables. If you wish to cancel your service contract prior to the final deliverables, you may apply to receive a full or prorated refund for time and services not yet rendered and which has not been used. In order to apply for a refund, you must submit a request in writing via email to firstname.lastname@example.org.
For all rendering products. Full refunds may be given to any that submit a written request to do so prior to the start of services contracted.
If you request a refund, in writing, prior to the creation of any rendered models and services you can receive a full refund of all monies pledged towards those specific services.
Refund requests made after rendering services have been delivered and/or started, are subject to a partial refund no greater than 50%.
Refund requests made after “final” renderings have been delivered by Growth Media are not eligible for refunds.
We do not offer refunds on payments we have collected for incorporation-related services (including without limitation registered agent services) or to other third parties with a role in processing your order. We also cannot refund any money paid by you directly to third parties, such as payments made by you directly to affiliated design agencies, rendering groups, marketing firms, consultants.