Terms and Conditions

The following Terms and Conditions of Service apply to all products and services provided by The Arcadia Studio, henceforth known as Arcadia Studio. The customer or user will be henceforth known as “client”, “the client”, “clients”, or “you”.

All work is carried out by The Arcadia Studio on the understanding that the client has agreed to The Arcadia Studio’s terms and conditions.

Copyright is retained by The Arcadia Studio on all design work including 3D Models, Animations, Clips, words, pictures, ideas, visuals, and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of deliverable is presented, and only one solution/ deliverable is deemed to be agreed between Client and Arcadia studio as fulfilling the contract. All other designs remain the property of The Arcadia Studio unless agreed in writing that this arrangement has been changed.

Project Acceptance

At the time of proposal, The Arcadia Studio will provide the client with the Terms and Conditions and the Project Contract between the Client and the Arcadia Studio along with the written estimate. The interim Terms and Conditions can be read on The Arcadia Design Studio’s website.

A copy of the proposal is to be signed and dated by the client to indicate acceptance and should be returned to The Arcadia Studio. Alternatively, the client may send an official order in reply to the proposal, which binds the client to accept The Arcadia Studio’s terms and conditions. In addition, after acceptance of the proposal, a contract will be signed by both parties. No work on a project will commence until both the accepted proposal and signed contract have been received by The Arcadia Studio.

Art and Design Charges

Charges for design services including 3D Models, Animation clips, Images, Render, Illustrations, Design Proposals and Game Design Consultation to be provided by The Arcadia Studio will be set out in the written proposal that is provided to the client. At the time of the client’s signed acceptance of this proposal, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% or 100% of the quoted fee will become immediately due. Work on the project will not commence until The Arcadia Studio has received this amount.

The client is responsible for any applicable sales or use taxes, even if they are calculated after the fact.

If a project becomes 7 days overdue due to the client not adhering to the timeline and deadlines established in the estimate or contract, the project will be given a new schedule. If this new schedule does not work for the client, an accelerated timeframe can be applied for a 50% rush fee charge.

Charges for Other Services

Charges for any additional services over and above the original estimated project will become fully payable (100% of the quoted amount) immediately upon completion of the job and before delivery of the final product.

Payment

The client will be provided with an Approval Form prior to final delivery and publication of the project. At this time the remainder of the amount due will become payable and the client will also be required to sign and submit the Approval Form to The Arcadia Studio. Accounts which remain outstanding for 15 days after the date of invoice, will incur an extra charge of 5% per month of the outstanding amount.

Payments may be made by cash, electronic funds transfer, or major credit card.

Publication and/or release of work done by The Arcadia Studio on behalf of the client may not take place before cleared funds have been received.

Default

An account shall be considered default if it remains unpaid for 15 days from the date of invoice, or following a returned check. The Arcadia Studio shall be considered entitled to remove The Arcadia Studio’s and/or the client’s material from any and all computer systems until the amount due has been fully paid. 

Removal of any materials does not relieve the client of their obligation to pay the due amount. Clients whose accounts become default agree to pay The Arcadia Studio’s reasonable legal expenses and third-party collection agency fees in the enforcement of the project contract and these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to The Arcadia Studio for inclusion in the client’s Deliverables, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or to the rightful copyright or trademark owner.

Any artwork, 3D Models, Animation clips, Images, Render, Illustrations, Design Proposals and Game Design Consultation, supplied and/or designed by The Arcadia Studio on behalf of the client, will remain the property of The Arcadia Studio Studio and/or its suppliers unless specified in the Term and Condition and/or Project Contract.

The client may request in writing from The Arcadia Studio, the necessary permission to use materials for which The Arcadia Studio holds the copyright in forms other than for which it was originally supplied, and The Arcadia Studio may, at its discretion, grant this. Such permission must be obtained in writing before The Arcadia Studio will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to The Arcadia Studio, the client grants The Arcadia Studio permission to use this material freely in the design.

Should The Arcadia Studio, or the client supply an image, text, audio clip or any other file for use in 3D Models, Animation clips, Images, Render, Illustrations, Design Proposals, Game Design or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow The Arcadia Studio to remove and/or replace the file.

The client agrees to fully indemnify and hold The Arcadia Studio free from harm in any and all claims resulting from the client not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The client also agrees that The Arcadia Studio holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, 3D Models, Animation clips, Images, Render, Illustrations, Design Proposals and Game Design, idea or code created for the client by The Arcadia Studio, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of The Arcadia Studio and any of its relevant sub-contractors unless specified in Project Terms and Condition and/Or Project Contract.

 

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. The Arcadia Studio will not be held responsible for any and all damages resulting from such claims. The Arcadia Studio is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold The Arcadia Studio responsible for any such loss or damage. Any claim against The Arcadia Studio shall be limited to the relevant fee(s) paid by the client.

Data Formats

The client agrees to The Arcadia Studio’s definition of acceptable means of supplying data to the company.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, Location searches, media conversion, digital image processing, or Design Direction.

Design Project Duration

Any indication given by The Arcadia Studio of a design project’s duration is to be considered by the client to be an estimation. The Arcadia Studio 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 The Arcadia Studio for the initial payment or by the date confirmed in writing by The Arcadia Studio.

The client is expected to adhere to deadlines established in the estimate and throughout the project. If a project becomes 7 days overdue due to the client not adhering to the timeline and deadlines established in the proposal or contract, the project will be given a new schedule. If this new schedule does not work for the client, an accelerated timeframe can be applied for a 50% rush fee charge.

Rights of Access for Art and Design Solutions

The client agrees to allow The Arcadia Studio all necessary access to computer systems and other locations, as required, in order to complete an Art or Design project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The client also agrees to allow The Arcadia Studio access to any computer systems, Project Material, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The client agrees to supply The Arcadia Studio with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them promptly.

Design Project Completion

The Arcadia Design Studio considers the design project complete upon receipt of the client’s signed approval. Other services such as UX Solutions, Game Design, Architectural Solutions, 2D Art/ Animation, publishing etc., either contracted on the client’s behalf or created in-house constitute a separate project and can be treated as a separate charge.

Deliverables

The Arcadia Studio will provide the client with the opportunity to review the work. The Arcadia Studio will accommodate minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to the placement of the object, tweaks to the camera flow etc.. It does not include changes to colour schemes, textures, 3D Models, or adding New Designs or any navigation features. Any minor changes can be notified to The Arcadia Studio by e-mail.

The Arcadia Studio will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.

Kids’ Privacy

Our Website is intended for the use of adults and individuals 13 years of age and older. Our Website is not directed to children under the age of 13. Users under the age of 13 must have the permission and/or assistance of an adult while using or visiting our Website.

Design Credits

The client agrees to allow The Arcadia Studio to place a small credit on printed material exhibition displays, advertisements and/or a link to The Arcadia Studio’s website on the client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The client also agrees to allow The Arcadia Studio to place websites and other designs, along with a link to the client’s site on The Arcadia Studio’s website for demonstration purposes and to use any designs in its publicity.

Rights of Refusal

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

Cancellation

Cancellation of orders may be made through verbal communication but must be followed up in writing to The Arcadia Studio’s email. The client will 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 due mentioned in the invoice must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by The Arcadia Studio within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

The Arcadia Studio makes no warranties of any kind, express or implied, for any products and/or services that it supplies. The Arcadia Studio will not be held responsible for any and all damages resulting from products and/or services it supplies. The Arcadia Studio is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While The Arcadia Studio takes reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold The Arcadia Studio responsible for any such loss or damage. Any claim against The Arcadia Studio shall be limited to the relevant fee(s) paid by the client.

The Arcadia Studio is not responsible for the usage of the Content produced for the client. The Client agrees to comply with fair usage of any material produced by The Arcadia Studio based on the Region/ Country, the client uses the material for promotion or publishing their product. The Arcadia Studio have the right, though not the obligation, to, in our sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

The Arcadia Studio 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. The Arcadia Studio will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

The Arcadia Studio and its clients agree to comply with the Terms and Conditions which can include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. The Arcadia Studio recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

Billing and Payments

Client shall pay all fees or charges to the account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same client account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of Information

Occasionally there may be information on the Content produced that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any related Service requirement is inaccurate at any time without prior notice (including after you have submitted your order).

Third-party Services

If third-party services are necessary to complete a project or you decide to enable, access or use third-party services, be advised that your access and use of such other services is governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against The Arcadia Studio with respect to such other services. The Arcadia Studio is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting The Arcadia Studio to disclose your data as necessary to facilitate the use or enablement of such other services.

Backups

We perform regular backups of the Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups but assume no responsibility for this duty.

Links to Other Websites

Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Advertisements

During the use of this Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, applies to the third party showing their ads. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using this Website or any content produced by The Arcadia Studio or Showcased on the The Arcadia's Studio's website: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Changes and Amendments

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. The Arcadia Studio reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Proposal and Terms and Conditions

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using this Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services. The placement of an order for design and/or any other services offered by The Arcadia Studio and validated by the client’s acceptance of the proposal and signed contract constitutes acceptance of the proposal and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and The Arcadia Studio.

Contacting Us

If you have any questions about this Agreement, please contact us here or Bidisha Bhanawat directly at TheArcadisstudio@outlook.com.

 

This document was last updated on 1st May 2024.