Terms and Conditions - AR

This statement applies to Eyekandy Ltd as at 16th Feb. 2021

1) Eyekandy Ltd. will create content for the agreed Augmented Reality (AR) experience during the production process for which it will charge a production fee. Where applicable, Eyekandy may also charge a recurring fee for hosting services. Production capacity is usually available at 15 days’ notice. More urgent requirements can be accommodated but will attract an urgency fee of 100% of standard rates.

2) Edits that are requested by the customer, after approving the pre-production material, will be chargeable if the requests are deemed to be outside of what was agreed between Eyekandy and the customer during the pre-production process.

3) Where applicable, the customer is responsible for all shipping costs to and from Eyekandy for product filming/photography.

4) The AR content produced shall be owned by the customer, subject to any pre-existing rights in the provided material if applicable. Eyekandy shall not use the customer’s IPR except as required to fulfil its obligations under this agreement and otherwise solely to the extent of the prior written consent of the customer.

5) The customer will pay Eyekandy the AR production fees as set forth in the statement of work. Eyekandy will invoice the production fee on acceptance of the statement of work in line with the agreed billing terms. Once the GANTT chart dates are set and agreed by the parties, all dates become contractually enforceable. Eyekandy reserves the right to charge all incurred costs to the client if the agreed GANTT chart dates are missed.

6) Eyekandy undertakes, warrants and represents that it shall produce the AR content using all reasonable skill, care and diligence in accordance with good industry practice, that the content shall comply with all applicable laws, regulations and standards in the territories of supply and that it and its employees and subcontractors have the skill and expertise required to produce the content to the standards and timings required.

7) Eyekandy reserves the right to use specialist subcontractors and third party providers in order to deliver the agreed AR service or experience. Project-relevant providers can be listed upon request.

8) Eyekandy will store all project related assets for 6 months after the approval date, based on our internal records. After this period, the assets may be deleted from our servers, at our discretion. Upon request, Eyekandy can copy all assets to your FTP, or hard drive provided, subject to an administration fee charged at the Senior Developer hourly rate.

9) Eyekandy retains the right to promote the project on our website and social channels after completion.

10) All items, changes, amendments or additions that are requested that are not documented in that statement of work, will be charged for in accordance with fee’s detailed in the table below:

STANDARD HOURLY RATE
*GBP (Plus tax)
CREATIVE PRODUCER/POST-PRODUCTION ARTIST/SENIOR EDITOR/SET DESIGNER/COPYWRITER £100
3D MODELLER £150
SENIOR DEVELOPER/TECHNICAL DEVELOPER/ANALYTICS ENGINEER £150
UX / UI DESIGNER £150

 

* Currency Exchange rate conversion will be taken from date of signed Statement of work

* Day rate equates to hourly rate x 7 hours in the day.

* Minimum allocation per resource is 1 hour

 

11) There are certain minimum specifications that the end user device must have, please see an example of these below;

Native AR (ARKit/ARCore)

Android devices require a minimum of 7.0 or above. A full list of all compatible Android devices can be found Here (ARCore)

Apple devices require a minimum operating system of iOS12 on a minimum handset of 6s or above (ARKit)

 

Browser WebAR

iOS:

Minimum: iOS 7.0 or later

Recommended: iOS 11.3 (ARKit 1.5 or 2.0)

OpenGL ES3 or higher or Metal

Android:

Minimum: Android Kitkat (4.4) or higher

Recommended: Android Nougat (7.0) or higher on an ARCore compatible phone

OpenGL ES3 or higher

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Eyekandy | General Terms and Conditions

Eyekandy reserves the right to update our Terms and Conditions from time to time, at our discretion and without notice. Your continued use of the service following the publishing of updated Terms of Service means that you accept and agree to the changes. These Terms and Conditions were last updated on February 16th 2021. They are effective between you and Eyekandy as of the date you accepted them (‘Effective Date’).

Eyekandy invoices are payable as outlined in the Statement of the Work. Payments should be made as per details in the Statement of the Work.

Any amounts that remain unpaid after the expiry of a 14 day notice of non-payment (for clarification, notice of non-payment must be given in writing) to the customer given after the due date shall bear interest at the rate of 4% per annum above the base lending rate of HSBC plc from time to time from the due date until the date of actual payment (or the maximum rate permitted by law, if less).

Eyekandy will make reasonable efforts to keep the service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions to the delivery of the service or the reporting of the service. Eyekandy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the service with or without notice.

Either party may terminate the agreement immediately if the other party has materially breached its obligations under this agreement and such breach is not cured within thirty (30) days after notice from the non-breaching party; or immediately in the event any assignment is made by the other party for the benefit of creditors, or if a receiver, trustee in bankruptcy or similar officer shall be appointed to take charge of any or all of the other party’s property, or if the other party files a voluntary petition under bankruptcy laws or similar statutes or such a petition is filed against the other party.

Eyekandy may assign this agreement or any part of it without restrictions. You may not assign this agreement or any part of it to any third party.

The parties acknowledge that in connection with the business relationship, Eyekandy may from time to time disclose to you certain personal data, as defined under data protection law applicable to this agreement (“Personal Data”) of various individuals, including, but not limited to, an individual’s name, address, telephone number, email address, age, social security number, driver’s license, IP address, location data, online identifier or any other information that is personal or is likely to related to a specific individual. For Eyekandy’s latest privacy policy please see www.eyekandy.com/privacy

You warrant, represent and bear covenant to Eyekandy that you shall comply with all applicable privacy and data protection laws, rules and regulations applicable to the personal data disclosed. You agree to establish and maintain physical, electronic and procedural safeguards, including the use of keycards, codes, intrusion detection systems, user names, passwords and encryption software, to prevent the unauthorized access, use, copying, disclosure, modification, transference, destruction, loss, or alteration of any personal data, during your use, transmission or storage of any such personal data. If any of these safeguards are breached or fail, or when personal data has been, or may have been, acquired or accessed by an unauthorized person, or if you believe that instructions of Eyekandy may result in a violation of data protection law, you will notify Eyekandy immediately. Such notice shall include specifics regarding the type of personal data at issue, the names of the affected individuals, the persons or entities who have or may have acquired the personal data and related details. Eyekandy shall have the right to review and audit your personal data processing and processing records and request additional safeguards where necessary in Eyekandy’s reasonable judgment.

Upon Eyekandy’s request, or at any time when any particular personal data is no longer necessary, unless otherwise expressly agreed in writing by Eyekandy, you shall finally and securely delete and destroy all copies of such personal data, and such deletion and destruction shall be certified in writing by an authorized representative. These obligations shall survive for three (3) years after termination of this Agreement, or such longer period as may be required by applicable law with respect to personal data.

You shall indemnify, defend and hold harmless Eyekandy, its affiliates and their respective owners, officers, directors, employees, and agents against any and all damages, judgments, costs, liabilities, expenses (including, but not limited to, reasonable attorneys’ fees and fees of experts) and settlement amounts awarded or incurred in connection with any claim or action by any third party (including, but not limited to, any government agency), arising from any unauthorized use or disclosure of such Personal Data resulting from your actions or omissions.

This Agreement shall be construed in accordance with and governed by the laws of England (United Kingdom), without regard to principles of conflicts of law. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the English Courts.

The provisions intended to survive (including the provisions regarding Data Protection, Confidential Information and Intellectual Property) will survive any expiration or termination of the Agreement.

 

 

 

© 2022 EYEKANDY Limited. All rights reserved.
Registered in England #09482425
Registered LLC in USA #7520144




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