General Terms and Conditions of SummuS Render S.L.
1. Scope of application
(1) Our deliveries, services, and offers are exclusively made on the basis of these general terms and conditions.
(2) Terms and conditions of the customer do not apply, even if we do not separately object to their application in the individual case.
(3) With the exception of managing directors and authorized signatories, our employees are not entitled to make verbal agreements with the customer in connection with the contract which deviate from these general terms and conditions.
2. Offer and conclusion of contract
(1) Offers and prices contained in brochures, advertisements and other promotional material are not binding.
(2) The customer shall be bound by an order which has not yet been accepted by us for 14 calendar days after sending. We are allowed to accept the offer within this period of time. The time when the customer receives our acceptance shall be decisive for compliance with the period.
3. Prices and payment conditions
(1) Our prices are inclusive of the statutory value-added tax, where it is applicable. The prices at the time of collection from our registered office in Cologne shall apply, unless otherwise agreed upon.
(2) If we grant a starting or test credit at the time of registration via our website, an entitlement to this credit shall only exist if the customer did not already make use of such a credit before.
(3) The customer shall only have a right of set-off or a right of retention to the extent that his/her claim is undisputed or finally established by a court. This shall not apply for counterclaims of the customer based on warranty.
4. Delivery time
If we do not meet a binding delivery date or a binding delivery period, the customer shall grant us a reasonable grace period which may not be less than two weeks.
5. Contracts concerning rendering services
(1) If the subject matter of the contract is the rendering of animations and/or images, the customer must have a computer connected to the internet on which the operating system Windows, Mac, Linux, a legally licensed 3D software which is supported by us (see “renderfarm.com”) and which was used to create the digital data to be rendered as well as the software “Renderfarm.com Software” are installed without errors. According to the End User License Agreement (EULA) for the “ Renderfarm.com Software” the customer has the right to use the software “Renderfarm.com Software” free of charge.
(2) With the acquisition of a credit, a claim for the provision of rendering services is established towards us. The customer may assert this claim by placing a render order using the “Renderfarm.com Software” after registration.
(3) The execution of a render order is paid in Credits with one Credit corresponding to one EUR. The number of Credits required for the execution of a render order depends on the scope and complexity of the 3D scenes submitted by the customer. The customer can make a non-binding advance projection of the presumably required Credits in the section “pricing- cost estimator” or – for a more accurate projection – by transmitting excerpts of the 3D scene using the “Renderfarm.com Software”.
(4) The render result is one or more image files in the file formats jpg, jpeg, tif, tiff, png, bmp, exr, fxr, hdr, pic, rpf, tga, vda, jcb, vst. The render result will be downloaded using the Renderfarm.com software to a folder selected by the customer on his/her computer. After the successful download of the render result, it will be irrevocably deleted if seven days have elapsed since the provision of the render result (“period for provision”). After expiry of the period for provision, a further download is not possible, unless we agree otherwise with the customer before the render order is placed.
(5) Apart from this, the conclusion of the contract and the execution of the contract in the case of contracts concerning the rendering of 3D scenes are described in the “Contractual information”.
6. Warranty and liability
(1) In the case of damage we and our vicarious agents are liable, irrespective of the legal reason (in particular in the case of default, defects, or other breaches of duty), only in the case of a breach of a essential contractual obligation; however, the amount shall be limited to the damage which is foreseeable at the time the contract was concluded and which is typical for this type of contract. Essential contractual obligations are obligations the fulfilment of which enables the proper execution of the contract and on the fulfilment of which the customer regularly relies and may rely.
(2) In the case of a purchase contract, we and our vicarious agents are not liable due to obvious material defects of the delivered goods if the customer does not notify us of the defect within a period of two weeks after delivery of the goods.
(3) The limitations of liability mentioned above shall not apply for the liability due to grossly negligent or intentional behaviour, for guaranteed qualities, due to a violation of life, body, or health.
7. Reservation in the case of transfer of ownership and/or transfer of rights
(1) We reserve the ownership of the delivered goods until full payment of the purchase price for these goods.
(2) The rights to be transferred and/or to be assigned shall only be transferred or assigned to the customer after full payment of the purchase price or the remuneration.
8. Choice of language and law
(1) The contract shall be concluded in English.
(2) These general terms and conditions as well as the contractual relationship between us and the customer shall be subject to the laws of Spain, to the exclusion of the international uniform law, in particular the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(1) If the customer is a merchant, a legal person under public law, or a public-law special fund, the exclusive jurisdiction for all disputes directly or indirectly arising from the contractual relationship shall be our registered office in Madrid. This shall also apply if the customer does not have a general jurisdiction in Spain .
(2) In all cases, we shall be entitled to bring an action at the place of performance or at the general place of jurisdiction of the customer.
(3) Priority statutory provisions, in particular concerning the exclusive jurisdiction, shall remain unaffected
Data Protection Declaration
1. General Remarks
“Personal data” shall describe individual information about personal or factual matters relating to an identified or identifiable individual.
Personal data will only be collected, saved, modified, transferred and used to the extent to which this is permitted on the basis of the law or to the extent to which you agree to this. You may revoke, at any time, any authoritation which you have already granted, with immediate effect.
We would like to point out to the fact that that transfer of data through the internet (such as in the case of e-mail communication) is not entirely secure. It is impossible to provide protection of data from third-party access without any gaps.
Our internet provider collects and saves personal data in so-called “log files” which your browser automatically transfers to us. This information includes the date and the time of the request, the referrer URL (the internet address which redirected you to this website after you clicked on the respective link), the accessing computer host name, your operating system and both your browser name and version.
3. Contacting us
When contacting us (such as by using the contact form on our website, by e-mail or by phone), we are going to save personal data for the purpose of processing your request and for being able to deal with any subsequent questions which might arise.
We will collect, save and use any data which we receive during registration and ordering processes through our website and which you can see in the respective entry mask as well as your IP address only for the purpose of establishing, executing or termination your contract.
4. Payment Processes
In the case where third parties are employed for and commissioned with any payment services (such as PayPal, Visa, MasterCard), any data which are required for payment processing will be transferred to the respective third party.
Our website makes use of what is referred to as “cookies”. These cookies enable us to recognise your internet browser as well as to save any information and inputs relating to you in any way and to read this information out again both during the use and at your later visit of our website.
Cookies are small text files which, at our instigation, will be stored on your final device until you actually delete them.
6. Google Analytics
Our website makes use of “Google Analytics”, an internet analysis service offered by Google Inc., USA.
Google Analytics uses “cookies” (see above). Any information as to the way in which you use a website generated by such cookies will generally be transferred by Google to the United States where this information will be stored. However, in the case of activated IP anonymisation, Google is going to shorten the respective IP address within an EU Member State or within a European Economic Area contracting state and transfer this to the United States only after it was shortened. Only in particular cases will the complete IP address be transferred to a US-based Google servers and be stored there. On our behalf, Google is going to use this information for the purpose of evaluating the manner in which you make use of our website, for preparing website activity reports and for providing other services related to the use of both the website and the internet.
If need be, you may generally object to cookies being saved on your computer and, as a consequence, also to the use of Google Analytics. If you want to do this, you need to adjust your browser software settings accordingly (see above).
Independent of this, you may prevent both any data being collected and these data being processed by Google by downloading and installing the browser plug-in which is made available at http://tools.google.com/dlpage/gaoptout?hl=de.
For more information in this respect, please refer to http://www.google.com/analytics/terms/de.html and/or to https://www.google.de/intl/de/policies/.
7. Right of Information and Revocation
Upon your request, we will provide you with free-of-charge information about any personal data saved by us, their origin and recipients and the purpose of saving.
Apart from that, you may request any incorrect data to be corrected and to block and delete any of your personal data, unless this would be contrary to any legal obligation to preserve such data.
You may also withdraw your consent regarding the use and collection of your data at any time and without giving reasons; for this purpose, please refer to the contact address indicated in our imprint.
Right of revocation
- (1) In the case of a distance selling transaction, consumers in principle have a statutory right of revocation about which we inform you in the following. The exceptions from the right of revocation are laid down in paragraph 2. Paragraph 3 explains under which circumstances you can lose an initially existing right of revocation. In paragraph 4, you will find a sample revocation form.
Instruction concerning the right of revocation
Right of revocation
You have the right to revoke this contract without giving reasons within a period of fourteen days.
The revocation period is fourteen days beginning on the day on which the contract was concluded.
To exercise your right of revocation you have to inform us
SummuS Render S.L.
C/ Albasanz 14 Bis 2H 28037 Madrid- Spain
Phone: +34 – 91 731 150 85
about your decision to revoke this contract by means of a clear declaration (e.g. by a letter sent by post, fax, or e-mail). For compliance with the revocation period, it is sufficient that you send the notice concerning the exercise of the right of revocation before expiry of the revocation period.
SummuS Render S.L.
C/ Albasanz 14 Bis 2H
28037 Madrid – Spain
Phone: +34 – 91 731 150 85
Managing Director: Sergio Gonzalez Sainz
VAT identification number: ESB 74230061
We offer you the possibility to render 3D scenes using the software listed in the section “Renderfarm .com” by providing you with computing power from our computer network. In this way you can create one or more image files in the file formats jpg, jpeg, tif, tiff, png, bmp, exr, fxr, hdr, pic, rpf, tga, vda, jcb, vst (“render result”) from the digital data which you made available to us when you placed the render order and which must be compatible with one of the softwares programs mentioned above.
1. Acquisition of credit
For this purpose, you have to acquire a credit first which establishes a claim for the provision of rendering services against us. The credit is administered in “Credits” (“RC” for short) and one Credit corresponds to one EUR. The number of Credits required for the execution of a render order depends on the scope and complexity of the 3D scenes submitted by the customer. You can make a non-binding advance projection of the presumably required Credits in the section “Pricing cost estimator” or – for a more accurate projection – by transmitting excerpts of the 3D scene using the “Renderfarm.com Software”.
The one-time prior registration via our website is necessary for the acquisition of a credit. For this purpose you have to complete at least the fields marked as mandatory fields in the Registration section to us by clicking on “Register”. After that we will send a link to the e-mail address stated by you, and you have to call up this link in order to complete the registration process. Then you can log in using your specified user name and password.
After the login you can acquire a credit via our website or Renderfarm.com
The acquisition of a credit is possible under “Payments” in the section “Credits”.
For this purpose, enter the number of the desired Credits under “Your Cart” and select the currency offered by us in which the payment shall be made. We will then display the total price, including all taxes and duties in EUR and another currency selected by you. By clicking on “Checkout” you can choose the way in which you want to pay the total price. The total price shall be paid in advance. A contract with us can only be concluded if you agree to our general terms and conditions, which you have to confirm by marking the check box “I hereby accept the Renderfarm.com Terms and Conditions” and if you have read and understood this information and the instruction concerning the right of revocation, which you have to confirm by marking the check box “I have read and understood this contractual information and the instruction concerning the right of revocation.”.
By clicking on “Checkout”, you will be directed to the website of the selected payment provider where you are asked to provide the information which is necessary to execute the payment. Please follow the displayed instructions. You can change and view the data you entered by clicking on a correspondingly marked button at any time until execution of the payment. For this purpose, you can use the navigation and entry options of your browser. The contract concerning the acquisition of the credit shall be concluded by confirmation of your payment on the website of the selected payment provider to which you are directed.
2. Confirmation of the contract
After that, we will send an automatic confirmation of the contract to the e-mail address stated by you in which the contents of the contract (together with our general terms and conditions) are repeated as well as a link which you can call up to view, download, and print out your invoice. Furthermore, you have the possibility to view, download, and print out your invoices under Invoices at any time after prior login on our website or Renderfarm.com
The text of the contract is stored in compliance with data protection. You can view the contents of the contract in the section Invoices as well as by repeated retrieval of this contractual information at any time until deletion of your registration.
The contract shall be concluded in English language.
3. Rendering services
After acquisition of the credit, you may assert your claim for the provision of rendering services arising from this.
For this purpose, you need a computer connected to the internet on which the operating system Windows/Mac, a legally licensed 3D software which is supported by us (see in Renderfarm.com) and which was used to create the digital data to be rendered as well as the software “Renderfarm.com Software” are installed without errors. According to the End User License Agreement (EULA) for the “Renderfarm.com Software” you have the right to use the software “Renderfarm.com 1.0 Software” free of charge.
If, during the execution of a render order, the credit amount is not sufficient for the completion, the render will finish but you will just have access to the paid part. The non-paid part of the render, will be accessible after you purchase the credits due amount. In the moment when the credit amount reaches zero, we will notify you to give you the opportunity to buy more credits.
If you did not yet start the render order via the “Renderfarm.com Software” but only transferred it to us, you can start it using the “Renderfarm.com App” or in renderfarm.com website
In the section “Dashboard” on our website you can display the progress of the respective render orders as well as the credits which are still available.
The render result is one or more image files in the file formats jpg, jpeg, tif, tiff, png, bmp, exr, fxr, hdr, pic, rpf, tga, vda, jcb, vst. The render result will be downloaded using the Renderfarm.com software “Renderfarm.com Software” to a folder on your computer selected by you in advance. After the successful download of the render result, it will be irrevocably deleted if seven days have elapsed since the provision of the render result (“period for provision”). After expiry of the period for provision, a further download is not possible, unless we agree otherwise with you before the render order is placed.
If the subject matter of the contract is a purchase contract or a contract for work, you are entitled to the statutory warranty claims. Apart from this, our general terms and conditions shall apply.
- It is customary for individuals or organizations interested in our services to require a Confidentiality Agreement (NDA). Frequently individuals and companies are advised to sign confidentiality agreements to protect their intellectual property rights, and to keep the confidentiality of their business process.
Renderfarm.com will produce your projects with total discretion, respecting the confidentiality of the information received. We seek to treat it as we would wish it to be.
Download the Confidentiality Agreement. Fill out all fields required with your personal information and submit it via email to firstname.lastname@example.org