Terms & Conditions

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1. THE USER

1.1. THE USER

These Terms and Conditions of Use apply to all Users of the Site, whether they be Clients or Artists. “The User” is used herein to refer to any user of the Site, and can refer to the Artist and/or the Client. For simplicity only, all Users will be referred to herein through use of the masculine singular form; but the term User is intended to cover both the masculine and feminine form and both the singular and pluralised form, as required. “The Artist” is defined herein as a person or entity capable of producing 3d images of the unbuilt based on instructions from a Client. “The Client” is defined herein as a person or entity looking to commission an Artist to produce 3d images of the unbuilt and subsequently purchase them. Clients could include architectural practices, real estate firms, engineering practices, interior design firms, etc. “The Site” refers to Easy Render; a web application looking to bring together Artists and Clients and facilitate the offer, job acquisition, collaboration, image transfer and payment processes between the two parties. “The Images” is used herein to refer to the 3d images produced by the Winning Artist in line with the Client’s requirements for ultimate sale to the Client himself.

1.2. SUPPORTING DOCUMENTATION

The use of the Site is supported by the following key documents, known in their entirety as “the Supporting Documentation”: the Services Description document; the Terms and Conditions of Use document; the Data Privacy Policy document; and the Image Transfer Agreement document. The Supporting Documentation should be read, considered and abided by in their entirety by all Users.

1.3. USER CONSENT

This Terms and Conditions of Use document sets forth the legally binding terms for any User’s use of the Site and its services. By creating a User account, which is necessary to access the Site and use its services, the User confirms that he has read, and agrees to abide by, this Terms and Conditions of Use document and the entirety of the Supporting Documentation, and further warrants that he has the right, authority and capacity to enter into this agreement. If the User does not agree with all of the provisions set out in this Terms and Conditions of Use document and the entirety of the Supporting Documentation, including the Image Transfer Agreement document, then the User should not create a User account or use the Site and its services in any way. Users must be at least 18 years old to access the Site; in creating a User account, the User agrees that he is at least 18 years old.

1.4. USER ACCOUNT

Any one User can only create a single account; multiple User accounts are not allowed and constitute an infringement of these Terms and Conditions of Use. A User account will appear anonymous to other Users and can only be distinguished by its avatar image and account category; which classifies the User as either an Artist or a Client. A User can only make changes to the personal details within his User account, or close his User account, when the User account is not active; examples of an active User account include: a User account (Artist) with an open job offer, a User account (Client) with an open job tender and/or a User account (Client and/or Artist) with an open job collaboration.

1.5. USER CONTENT AND BEHAVIOUR

All Users are fully and solely responsible for the entirety of their User Content; which is defined herein as all and any data contained within a User’s account.Examples of User Content include: avatar image, personal contact details, personal bank details and/or credit card details, Images (whether uploaded by the Artist as part of his portfolio or whether created by the Artist on the Site), job details (Clients), detailed project files (Clients), etc. User Content may hence be of a personal and/or non-personal nature; all User Content (whether of a personal or non-personal nature) will be subject to Easy Renders’ Data Privacy Policy document, which forms part of Easy Render’s Supporting Documentation, and which contains a definition for both personal and non-personal data. The User accepts all risks associated with his User Content including: any reliance on the content’s accuracy, completeness, reliability, usefulness, appropriateness and integrity; any disclosure of User Content, whether intentional or not, that makes the User or any third party identifiable as a result of the disclosure; and any liability arising from a User Content violation (for example, a violation of these Terms and Conditions of Use). The User accepts all risks associated with his behaviour whilst using the Site and its services; User behaviour is expected to, as a minimum, comply with these Terms and Conditions of Use, any applicable laws and regulations and business integrity. Although all reasonable care is taken by Easy Render to protect the data present on the Site, including all User Content, Easy Render can not guarantee its absolute security; in particular with regards to theft and/or misuse by other Users and/or third parties and with regards to partial or total loss of data due to a possible Site malfunction. Easy Render is not obligated to backup any User Content and User Content may be deleted and/or lost at any time; the User should note that the responsibility to create backup copies of a User’s own User Content, including any Images, rests solely and fully with the User himself. Easy Render is not obligated to remove any User Content from the Site unless required to do so by applicable law.

1.6. USER ACCOUNT TERMINATION

Easy Render reserves the right to terminate a User’s account solely and fully at Easy Render’s discretion and at any time and for any reason, in particular following a violation of these Terms and Conditions of Use and/or Easy Render’s Supporting Documentation; and Easy Render is in no way responsible for any loss in whatsoever form so arising, whether to the User himself, to another User and/or any third party. The termination of a User’s account will result in the deletion of the relevant User account. Easy Render may choose to hold on to none, some or all of the User’s Content solely and fully at Easy Render’s discretion; if so kept, this User Content will be used by Easy Render solely in relation to the ongoing running and maintenance of the Site. The termination of a User’s account in no way voids the benefits due to Easy Render, the User, the Winning Artist and/or the Client under provision 1.1. of any Image Transfer Agreement that the User has already signed.

1.7. LICENCE TO USER CONTENT

The User grants to Easy Render an irrevocable, nonexclusive, royalty-free and fully paid, worldwide licence to reproduce, distribute, publicly display, prepare derivative works of, incorporate into other works, and otherwise use his User Content; the User also allows Easy Render to grant sub-licences solely for the purposes of including his User Content within the Site and its services; and the User irrevocably waives any claims and assertions of moral rights or attribution with regards to his User Content; provided that Easy Render solely uses said User Content in relation to the running of its Site and the provision of its services.

2. THE SITE

2.1. USER LICENCE

Subject to the User abiding by these Terms and Conditions of Use document and the Supporting Documentation, Easy Render grants the User a non-transferable, non-exclusive licence to use the Site and its services for the User’s personal use only.

2.2. LICENCE RESTRICTIONS

The User agrees not to misuse or copy the Site, its services, contents and concepts in any way. The User understands that any violation will result in the immediate loss of his User licence and User account (regardless of whether the User account is currently active) and that the User will be held fully liable for any loss in whatsoever form as incurred by any party (Easy Render, Clients, Artists and any Third Parties whether these are linked to Easy Render or to the Users, etc.) as a result of the violation. Examples of what could constitute a violation include a User attempting to perform, or succeeding in performing, any of the following: not abiding by these Terms and Conditions of Use or any other Supporting Documentation; damaging, altering and/or copying any of the Site’s contents or systems; gaining unauthorised or unlawful access to the Site and its services; creating multiple accounts or using automated agents and/or scripts; obtaining and/or using another User’s Content without that User’s consent; impersonating another User, person or entity and misrepresenting oneself or one’s relationship to other Users, people or entities; using the Site and its services to advertise himself in any way above and beyond the level required by the Services Description document; interfering with another User’s use of the Site and its services; placing undue burden on the Site’s systems, servers and/or networks; intentionally delaying any aspect of the Site’s services, such as: the job offer, the signing of the Client/Artist Agreement, any aspect of job collaboration, the job’s completion, the signing of the Image Transfer Agreement document, the transfer of Images, the job’s closure, any payment due, etc. ; etc.

2.3. OWNERSHIP OF SITE CONTENT

The Site, located at www.easyrender.com is a copyright belonging to Easy Render GmbH, Switzerland. Each User owns his own User Content, along with all the responsibilities and liabilities that go with it, as detailed under provision 1.5. of this Terms and Conditions of Use document; all other content, including Easy Render’s copyright and any other intellectual property rights, belong to Easy Render; with the exception of third party content and intellectual property rights, which will belong to the relevant third party. All User Content (whether of a personal or non-personal nature) will be subject to Easy Renders’ Data Privacy Policy document, which forms part of Easy Render’s Supporting Documentation. The Artist hereby agrees that any images present within an Artist’s portfolio, although they remain the full and sole property of that Artist, may and can be used by Easy Render, at Easy Render’s full and sole discretion, for advertising purposes. A User is not allowed to use and/or present as his own User Content any content in any way belonging to a third party without the express consent of the owner of that content and without the required full authority to enter into a Client/Artist Agreement and/or an Image Transfer Agreement with another User with regards to that User content; the User further accepts sole and full responsibility for any loss in whatsoever form arising to any party from the use of content which in any way belongs to a third party. With regards to an Artist’s portfolio, the Artist is not allowed, under any circumstances whatsoever, including where the Artist has permission from the relevant third party, to post any Images that in any way belong to a third party within his portfolio; an Artist’s portfolio should be a true and accurate reflection of that Artist’s work only. The licence granted by Easy Render to each User allowing use of the Site and its services does not transfer to the User and/or any third parties any rights over Easy Render’s intellectual property rights and/or the intellectual property rights of third parties.

2.4. SITE ACCESS AND USE

Although reasonable care is taken by Easy Render to ensure that all Users can access and use the Site as intended and at all times, Easy Render can not guarantee that this will be the case at all times and for all Users, and Easy Render accepts no responsibility for any loss whatsoever incurred by any User or any third party as a result of partial or total loss of Site access and/or use by the User or any third party.

2.5. SITE TERMINATION

Easy Render reserves the right to terminate the Site at any time and for any reason and Easy Render is in no way responsible for any loss whatsoever so arising, whether to a User and/or any third party. In terminating the Site, Easy Render will endeavour, where possible, to ensure that all job collaborations are closed. Where Easy Render terminates the Site prior to the closure of all jobs, Easy Render can, but solely for those jobs not yet closed, either provide the relevant Client with a Full Refund, or put the relevant Client in direct contact with the relevant Winning Artist, in which case the relevant Client is provided a Full Refund less Easy Render’s commission; a Full Refund is as defined under provision 3.10.b. of this Terms and Conditions of Use document. The termination of the Site and/or a User’s account does not in any way void these Terms and Conditions of Use document, except for those provisions that grant access and use of the Site to the User; similarly, the termination of the Site and/or a User’s account does not in any way void Easy Render’s Data Privacy Policy document or Easy Render’s Image Transfer Agreement document, both of which remain fully binding and enforceable.

2.6. LINKS TO THIRD PARTY SITES AND ADVERTISEMENTS

The Site may contain links to third party websites and/or advertisements, which Easy Render has in no way vetted; Easy Render does not review, approve, monitor, endorse, warrant or make representations with regards to any third party websites and/or advertisements. Easy Render accepts no responsibility for any loss incurred by the User as a result of these third party website links and/or advertisements, whether through direct action of the User or not; the onus is on the User to perform the appropriate checks prior to linking to a third party website and/or advertisement; in linking to a third party website and/or advertisement the User is subject to the third party’s terms and policies, including Data Privacy Policy.

2.7. THIRD PARTY SERVICE PROVIDERS

Easy Render may use third party service providers to assist in providing the User with the services offered by the Site and described in the Services Description document. Easy Render reserves the right to change, add and/or remove third party service providers solely and fully at Easy Render’s discretion and at any moment and for any reason. Easy Render is in no way responsible for any loss suffered by the User as a result of any action or inaction on behalf of a third party service provider; the onus is on the User to familiarise himself with the third party service provider’s terms and policies, including the third party service provider’s Data Privacy Policy.

3. THE CLIENT/ARTIST AGREEMENT

3.1. PARTIES TO THE AGREEMENT

The Client/Artist Agreement is solely and fully between the Client and the Winning Artist; Easy Render is not a party to the Client/Artist Agreement and accepts no responsibility for any loss whatsoever in anyway emerging from the Client/Artist Agreement as incurred by either or both parties to the Client/Artist Agreement. Easy Render is responsible solely for the payment of refunds to the Client, but only as outlined under section 4.4. of these Terms and Conditions of Use. As such, Easy Render will play a role in dispute resolution as outlined in section 3.11; although it is here understood that this role is as a last resort.

3.2. BASIS FOR THE TENDER PROCESS

The Client hereby agrees to complete the job form as accurately and in as detailed a manner as possible; and for the details on the job form to honestly represent the detailed project files the Client will later share with the Winning Artist. The Artist hereby agrees to make an honest offer (on the back of the details contained in the relevant job form), which the Artist will later endeavour to uphold, so long as he is selected as the Winning Artist and the detailed project files do not materially differ from the job form details on which the Winning Artist’s offer is based. The detailed project files are uploaded to the Site by the Client and shared exclusively with the Winning Artist who, regardless of whether he agrees to confirm or decline his offer, hereby further agrees not to create and/or keep any personal copies of the detailed project files.

3.3. THE CLIENT/ARTIST AGREEMENT

The Client/Artist Agreement is signed by both the Client and the Winning Artist prior to the creation of the collaboration page; in signing the Client/Artist Agreement both parties agree to uphold the Client/Artist Agreement and to be held fully responsible by the other party should they fail to uphold the Client/Artist Agreement for whatever reason; Easy Render is in no way to be held responsible by any party for any loss whatsoever incurred by any party should one or both parties to the Client/Artist Agreement fail to uphold the Client/Artist Agreement. The Client/Artist Agreement reads as follows, but the User should note that were the Client/Artist Agreement on the collaboration page to differ from that stated below in these Terms and Conditions of Use, then the Client/Artist Agreement as stated on the collaboration page is the wording deemed as binding between the Client and the Winning Artist: “The Winning Artist and the Client hereby agree to collaborate as per the provisions set out in Easy Render’s Terms and Conditions of Use document; and for the Artist and Client to perform this job in accordance with the job details agreed by both parties during the job tender process and evidenced in the documents referenced on the collaboration page. The Artist and the Client hereby also agree to collaborate with honesty and integrity; and to refrain from dispute, unnecessary changes and avoidable delays.”

3.4. THE COLLABORATION PAGE

A collaboration page is created on the Site once the Winning Artist has confirmed his offer following the viewing of the detailed project files and the Client has subsequently transferred the required payment to Easy Render; but only if both parties have agreed to both the Client/Artist Agreement and the Image Transfer Agreement. The collaboration page can be accessed solely by the Client, the Winning Artist and Easy Render, and will contain the Client/Artist Agreement and a link to any documentation as relevant to the job (which may include the Client’s ID, the Artist’s ID, the job form completed by the Client, the detailed project files uploaded by the Client, the Winning Artist’s offer, the Winning Artist’s portfolio, etc.); this job documentation will determine the job criteria (such as Image quality, Image quantity, deadline, fee, etc.) on which the Client/Artist Agreement is based. If the Winning Artist does not confirm his offer following the viewing of the detailed project files, then no collaboration page is formed and there is no binding Client/Artist Agreement between the Client and the Winning Artist. Easy Render assumes no responsibility whatsoever if a User, be he a Client or an Artist, fails to secure a Client/Artist Agreement through the use of the Site; whether this failure relates to a single specific job or whether this failure extends across the entire life of the User’s account.

3.5. JOB COLLABORATION

In signing the Client/Artist Agreement, the Client and the Winning Artist agree to perform all their work and all their communication exclusively through the collaboration page; the collaboration page will hence act as a record of the work performed and the conversations had and can be used by either party (Client and/or Artist) in supporting job completion and/or job closure. Both the Client and the Winning Artist hereby agree to use the collaboration page responsibly and with integrity.

3.6. JOB COMPLETION

As the Client is satisfied with an Image as it appears on the collaboration page, the Client must mark that Image as completed; the entire job is deemed as completed once the Client has marked the required number of Images (as per the Client/Artist Agreement) as completed. Client satisfaction with an Image, in terms of determining whether or not that Image should be marked as completed, must be drawn in accordance with the relevant Client/Artist Agreement; the Client hereby agrees to be reasonable in assessing his satisfaction with an Image in terms of Image completion.

3.7. JOB CLOSURE

Once the entire job has been deemed as completed, the Winning Artist will prepare final high resolution versions of those Images marked as completed by the Client on the collaboration page. The Client will be granted a (low resolution) preview of these Images so that the Client may confirm that they are the same Images that the Client marked as completed on the collaboration page; if this is the case, that is, if the Images presented in the preview are the same Images marked as completed by the Client on the collaboration page, then the Client must mark the job as closed. Both the Client and the Winning Artist hereby agree that job closure is a prerequisite for the Client to be able to download the final high resolution Images and for the Winning Artist to be paid his fee; given no unforeseen circumstances (to be defined exclusively and within reason by Easy Render) the Winning Artist will be paid his fee within 10 working days of job closure. A closed job can not be re-opened by either the Client or the Winning Artist; this is to mean that once a job is marked as closed by the Client, no further collaboration is allowed between the Client and the Winning Artist, save through the creation of a new and separate Client/Artist Agreement; it is the Client’s responsibility to ensure his satisfaction with the final high resolution Images during the preview and prior to job closure, and the Client bears full responsibility for all and any losses whatsoever incurred as a result of early and/or unsatisfactory job closure on behalf of the Client. Following job closure, the collaboration page, its files, messages, marks and images are deleted. The high resolution images will be accessible by the relevant parties (the Client, the Winning Artist and Easy Render) through their User accounts, but only for a finite period of time as deemed reasonable exclusively by Easy Render. It is fully and solely the User’s responsibility to ensure he has obtained and made backups of the final high resolution images.

3.8. MID-TERM CHANGES TO THE CLIENT/ARTIST AGREEMENT

Any mid-term changes to an existing Client/Artist Agreement resulting in a change in the fee already paid by the Client are not allowed under that existing Client/Artist Agreement; whether the request for these changes originates from the Client, the Winning Artist or both parties. Major mid-term changes to an existing Client/Artist Agreement resulting in an increase in the fee already paid by the Client are allowed solely through the creation of a new and additional Client/Artist Agreement designed to cover the major mid-term changes only and the resulting fee increase. The original Client/Artist Agreement remains in force with the additional Client/Artist Agreement bridging the gap once the relevant fee increase is paid to Easy Render; this additional Client/Artist Agreement can be signed, at the Client’s discretion, either by the Client and the original Winning Artist or by the Client and a separate Winning Artist, and in no way affects the existing Client/Artist Agreement. Major mid-term changes to an existing Client/Artist Agreement resulting in a decrease and/or total cancellation of the fee already paid by the Client are not allowed under any circumstances; even given agreement between both the Client and the Winning Artist. Minor mid-term changes to an existing Client/Artist Agreement not resulting in a change in the fee already paid by the Client are allowed; provided that these minor mid-term changes are discussed and evidenced on the collaboration page; and that both the Client and the Winning Artist agree to these minor mid-term changes and the fact that these minor mid-term changes do not result in any increase or decrease in the paid fee.

3.9. EARLY TERMINATION/CANCELLATION

Early termination or cancellation of a Client/Artist Agreement is not allowed under any circumstances, even where both the Client and the Winning Artist are in agreement over the early termination or cancellation of the Client/Artist Agreement; both the Client and the Winning Artist must perform as per the Client/Artist Agreement and see the Client/Artist Agreement through to job closure, with both parties singing the Image Transfer Agreement document, the Client downloading the final high resolution Images and the Winning Artist receiving his payment.

3.10. FAILURE TO PERFORM

Job closure on behalf of the Client is a prerequisite for the Client to be able to download the final high resolution Images and for the Winning Artist to be paid his fee. If the Client maintains, within reason and with irrefutable evidence at hand, that the Winning Artist has failed to perform in line with the Client/Artist Agreement, then the Client may proceed as follows: (a) Where the Winning Artist has delivered the required Images on time and these Images are of a comparable level of quality to that agreed in the Client/Artist Agreement and/or that advertised in the Winning Artist’s portfolio, but the Client is not satisfied with the service provided by the Winning Artist, the Client is required nonetheless to close the job, with the Client gaining access to the download of the final high resolution Images and the Winning Artist getting paid in full; the Client may however decide to feedback on the service provided by the Winning Artist and Easy Render may then, fully and solely at Easy Render’s discretion, but within reason, decide to issue a warning and/or a temporary or permanent ban to the Winning Artist; or (b) Where the Winning Artist has failed to deliver the required Images on time and/or has delivered the required Images at a level of quality that is clearly and without doubt not in line with that agreed in the Client/Artist Agreement and/or that advertised in the Winning Artist’s portfolio, then the Client may decide, within reason, whether or not to close the job; if the Client requires the download of the final high resolution Images, then the Client must close the job regardless of Image timeliness and/or Image quality and proceed as per provision 3.10. (a) in these Terms and Conditions of Use; if however the Client does not require the download of the final high resolution Images, then the Client may decide, within reason, not to close the job. Where the Client decides, within reason, not to close the job, but solely as a result of provision 3.10. (b) as set out in these Terms and Conditions of Use, then the Client may request a Full Refund, which is defined herein as the full payment received by Easy Render from the Client less the refund fee held by the third party professional payment platform (note that Braintree is the third party professional payment platform currently used by Easy Render and the refund fee of 15 euros currently charged by Braintree may change at any time and for any reason and solely and fully at Braintree’s discretion); following a Full Refund, the Client surrenders all past, present and future claims whatsoever to any work performed by the Winning Artist under the relevant Client/Artist Agreement, including any Images marked as completed by the Client on the relevant collaboration page; this work remains the full and exclusive property of the Winning Artist, who is however not entitled to any form of payment and/or remuneration for any work performed under the relevant Client/Artist Agreement. Provision 3.10. (b) of these Terms and Conditions of Use must be exercised by the Client within reason and with integrity; where the Winning Artist believes that provision 3.10. (b) of these Terms and Conditions of Use has been unreasonably exercised by the Client, then the Winning Artist may feedback on the Client’s behaviour and Easy Render may, fully and solely at Easy Render’s discretion, but within reason, decide to issue a warning and/or a temporary or permanent ban to the Client.

3.11. DISPUTE RESOLUTION

In signing the Client/Artist Agreement both the Client and the Winning Artist hereby agree that Easy Render is under no obligation to get involved in dispute resolution; it is solely and fully between the Winning Artist and the Client who are party to a given Client/Artist Agreement to determine whether or not the relevant Client/Artist Agreement has been adequately met, and whether and when the relevant job should be closed. However, as Easy Render is responsible for the payment of refunds to the Client, but solely as outlined under section 4.4. of these Terms and Conditions of Use, Easy Render will get involved in dispute resolution, but only ever as a last resort in the instance where the Client and the Winning Artist fail to reach a consensus. Where Easy Render is forced to intervene in dispute resolution, then Easy Render’s decision is final and will be based, to the best of Easy Render’s knowledge and ability, solely on the details as set out in the relevant Client/Artist Agreement. Disputes will either resolve into a Full Refund for the Client or due payment to the Winning Artist, as detailed under section 4.4. Furthermore, Easy Render retains access to the collaboration page at all times and may, solely and fully at Easy Render’s discretion, but within reason, issue a warning and/or a temporary or permanent ban to either or both parties to the Client/Artist Agreement if Easy Render deems this necessary, for example, but not exclusively, as a result of enforcing provision 3.10. of these Terms and Conditions of Use.

4. THE PAYMENT TERMS

4.1. THIRD PARTY PROFESSIONAL PAYMENT PLATFORM

The Site currently uses a third party professional payment platform known as Braintree to receive payments from Users; payments to Users will be done by Easy Render via the use of bank transfers; whilst any refunds to Clients made under provision 3.10.or provision 2.5 of these Terms and Conditions of Use will be performed through Braintree and incur a refund fee (currently 15 euros) as charged by Braintree, and paid by the Client, and which may change at any time and for any reason and solely and fully at Braintree’s discretion. Easy Render reserves all rights to change the Site’s third party professional payment platform at any time, for any reason and solely and fully at Easy Render’s discretion. Easy Render accepts no responsibility for any failure whatsoever on behalf of a third party professional payment platform, this is to include, but not exhaustively: any loss of data and/or monies by the third party professional payment platform; any lost, failed or delayed payments by the third party professional payment platform; any inability to perform by the third party professional payment platform; etc.

4.2. GENERAL PAYMENT TERMS

All payments from a User to the Site and from the Site to a User will be made in Euros. The User (both Clients and Winning Artists) hereby agrees that he is responsible for the collection and/or payment of any taxes which he may be liable for in any jurisdiction as a result of using the Site.

4.3. PAYMENT TIMINGS

The Client is required to pay the agreed fee to Easy Render once a Winning Artist has confirmed his tender offer; the receipt of this agreed fee by Easy Render and the signing of a Client/Artist Agreement and an Image Transfer Agreement by both the Client and the Winning Artist is a prerequisite for the creation of a collaboration page by Easy Render, which will allow the Client and the Winning Artist to start on job collaboration. Job closure is a prerequisite for the payment of the Winning Artist by Easy Render; failure to close a job will result in the Winning Artist receiving no payment and/or remuneration whatsoever (as detailed under provision 3.10. (b) of these Terms and Conditions of Use). Given job closure and no unforeseen circumstances (to be defined exclusively and within reason by Easy Render), the Winning Artist will be paid his fee within 10 working days of job closure. Given any mid-term changes to an existing Client/Artist Agreement requiring the creation of a new additional Client/Artist Agreement, but solely as a result of provision 3.8. of these Terms and Conditions of Use, the Client will have to pay the additional fee to Easy Render before a new additional collaboration page can be created to cover the work required under the new additional Client/Artist Agreement; the Client and Winning Artist who are party to this new additional Client/Artist Agreement will also need to agree to a new additional Image Transfer Agreement to cover the Images to be transferred under the new additional Client/Artist Agreement.

4.4. REFUNDS

Unless the Site has been abruptly terminated by Easy Render as detailed under provision 2.5. of these Terms and Conditions of Use, any Full Refund to a Client can occur solely under provision 3.10. (b) of these Terms and Conditions of Use and only once Easy Render has confirmed with the relevant Client that said Client intends to proceed with provision 3.10. (b) of these Terms and Conditions of Use, including confirmation of the reasons behind the Client’s intention to proceed with provision 3.10. (b) of these Terms and Conditions of Use; the Client will then, given no unforeseen circumstances (to be defined exclusively and within reason by Easy Render) receive a Full Refund as defined under provision 3.10. (b) of these Terms and Conditions of Use within 10 working days of Easy Render’s final confirmation to the Client of the Client’s intention to proceed with provision 3.10. (b) of these Terms and Conditions of Use. If the Site has been abruptly terminated by Easy Render as detailed under provision 2.5. of these Terms and Conditions of Use, and the Client had an open and ongoing job collaboration at the moment of Site termination, then the Client may be entitled either to a Full Refund or, if the Client requests to be placed in direct contact with the Winning Artist with whom the Client was collaborating prior to Site termination, to a Full Refund less Easy Render’s commission; in both instances, Easy Render will endeavour, within reason, to refund the Client as promptly as possible however, Easy Render can not guarantee that the Client will be refunded within the Client’s required timescales and/or within the 10 working days stated in paragraph 1 of this provision numbered 4.4. within these Terms and Conditions of Use. Following a Full Refund, the Client surrenders all past, present and future claims whatsoever to any work performed by the Winning Artist under the relevant Client/Artist Agreement, including any Images marked as completed by the Client on the relevant collaboration page; all work present on the relevant collaboration page remains the full and exclusive property of the relevant Winning Artist, who is however not entitled to any form of payment and/or remuneration for any work performed under the relevant Client/Artist Agreement. Partial refunds from Easy Render to a Client are not made under any circumstances; Full Refunds and/or partial refunds from Easy Render to an Artist or a Winning Artist are not made under any circumstances.

4.5. SERVICE FEES

Easy Render charges a fee for the services offered by the Site; this fee is taken from the payment made by the Client to Easy Render, prior to Easy Render’s payment of the relevant Winning Artist; for ease of reference, this fee is clearly stated within the User’s account.

5. LIABILITY AND DISCLAIMERS

5.1. WARRANTY

Easy Render makes no warranty (whether express or implied) regarding any of the content (including Images), products or services found on or through the Site; they are provided by Easy Render “as is”. The Site and its content (including Images), products and services are used exclusively at the User’s own risk; the User himself is responsible for making whatever investigation he deems necessary prior to proceeding with any transaction on or through the Site.

5.2. WAIVER

The User hereby releases and forever discharges Easy Render, the Site and any person or entity in any way connected to Easy Render, from any past, present and future liability in any form arising directly or indirectly through the User’s: User Content; use of the Site, its contents (including Images, products or services; interaction with any User(s) in any form; interaction with any third parties in any form (whether professional payment platforms, service providers, other sites, advertisements, people, entities, etc.) whether these third parties are connected to Easy Render, the User himself, another User and/or another third party; violation of any of Easy Render’s Supporting Documentation and any applicable laws; etc.

5.3. USER INTERACTION

A User’s and/or a third party’s interaction with another User and/or another third party is solely and fully between the parties involved in the relevant interaction; Easy Render does not accept any responsibility and/or liability in any form for any loss whatsoever incurred by any User and/or third party as a result of any interaction, whether this interaction occurs on, off or through the Site. Any dispute between User(s) and/or third party(s) is to be resolved solely and fully between those parties; Easy Render is under no obligation to get involved in any form of dispute resolution and further accepts no responsibility and/or liability in any form for any loss whatsoever incurred by a User and/or third party as a result of any dispute and/or any inability to settle a dispute; the same applies to any dispute relating to a Client/Artist Agreement, which is to be resolved solely between the Client and Winning Artist who are party to that Client/Artist Agreement; and Easy Render is in no way responsible for enforcing any of the provisions present within this Terms and Conditions of Use document or the entirety of the Supporting Documentation.

5.4. USER AGREEMENT(S)

The Client and the Winning Artist are required by these Terms and Conditions of Use to sign both a Client/Artist Agreement and an Image Transfer Agreement document if a job is to be successfully initiated and seen through to job closure; any User not prepared to sign both a Client/Artist Agreement and an Image Transfer document should refrain from using the services provided by the Site. Easy Render is in no way responsible and should in no way be held liable for any loss in whatsoever form incurred by a User and/or a third party if: the User in anyway fails to find another User(s) through the Site who is willing to sign a Client/Artist Agreement and/or an Image Transfer Agreement document; the other party(s) to the transaction refuses to sign either the Client/Artist Agreement and/or the Image Transfer Agreement document; either party(s) fails to uphold and/or abide by all of Easy Render’s Supporting Documentation, whether signed or not, including the Terms and Conditions of Use document, the Client Artist Agreement, the Image Transfer Agreement document and the Data Privacy Policy document; either party(s) fails to behave with integrity or in accordance with all laws and regulations that may apply to either party(s); and either party(s) commits a mistake or makes an omission, whether intentional or not, in the signing of any documents and/or agreements and/or in the creation and management of their User Content, including the creation and management of any Images.

5.5. SITE ERRORS AND OMISSIONS

Easy Render can not guarantee that the Site and its products, services and contents, including any User Content and Images, will be error and omission free or that they will be accurate, reliable, up to date, free of viruses or other harmful codes, complete, legal and safe; Easy Render accepts no responsibility for any loss whatsoever arising from a User’s reliance on the integrity of the Site and its products, services and contents, including any User Content and Images.

5.6. SITE ACCESS AND PERFORMANCE

Easy Render can not guarantee that: the Site will meet the User’s requirements; the Site will operate and be used by other Users in accordance with Easy Render’s Terms and Conditions of Use document and Supporting Documentation; and the Site will be available on a timely, uninterrupted, secure and/or error-free basis. Although reasonable care is taken by Easy Render to ensure that all Users can access and use the Site as intended and at all times, Easy Render can not guarantee that this will be the case at all times and for all Users, and Easy Render accepts no responsibility for any loss whatsoever incurred by any User and/or any third party as a result of a partial or total loss of Site access and/or use by the User and/or any third party at any time and for any reason. Although all reasonable care is taken by Easy Render to protect the data present on the Site, including User Content and Images, Easy Render can not guarantee its absolute security; in particular with regards to theft and/or misuse by other Users and/or third parties; and with regards to a partial or total loss due to a possible Site malfunction. Easy Render is not obligated to backup any User Content and User Content may be deleted and/or lost at any time; the User should note that the responsibility to create backup copies of a User’s own Content, including any Images, rests solely with the User himself. Easy Render is not obligated to remove any User Content from the Site unless required to do so by applicable law.

5.7. THE IMAGES

Easy Render accepts no responsibility for any loss whatsoever incurred by a User and/or a third party as a result of unsuccessful Image delivery by the Winning Artist and/or unsuccessful Image receipt/download by the Client; including late Image delivery, poor Image quality, refusal to sign the Image Transfer Agreement on behalf of either or both parties, loss of Images, technical Site malfunction, etc.Easy Render accepts no responsibility for any loss whatsoever incurred by a User and/or a third party as a result of using and/or distributing any Images obtained through the Site.

5.8. TERMINATION

Easy Render reserves the right to terminate a User’s account at any time and for any reason, in particular following a violation of these Terms and Conditions of Use and/or Easy Render’s Supporting Documentation; and Easy Render is in no way responsible for any loss whatsoever arising to the User himself, to another User and/or to any third party as a result of this termination. Easy Render reserves the right to terminate the Site at any time and for any reason and Easy Render is in no way responsible for any loss whatsoever arising to a User and/or any third party as a result of this termination, except and solely as a result of provision 2.5. of these Terms and Conditions of Use; Easy Render also reserves the right to make any changes, modifications or alterations to the Site at any time and for any reason.

5.9. THIRD PARTIES, LINKED SITES AND ADVERTISEMENTS

Easy Render accepts no responsibility for any loss whatsoever incurred by a User and/or a third party as a result of any action or inaction of a third party service provider, website and/or advertisement; whether through direct or indirect action of the User and/or third party; the onus is on the User and/or third party to perform the appropriate checks prior to using a third party service provider and/or linking to a third party website and/or advertisement.

5.10. SUPPORTING DOCUMENTATION

Together with the Services Description document, the Data Privacy Policy document and the Image Transfer Agreement document, these Terms and Conditions of Use constitute Easy Render’s Supporting Documentation; all Users should consider the Supporting Documentation in its entirety and abide to it in its entirety. All or part of the Supporting Documentation may be subject to changes, alterations or modifications solely and fully at Easy Render’s discretion, at any time and for any reason. Material changes to any part of the Supporting Documentation will be communicated to all existing Users through an email notification; failure to receive this email notification does not exempt the User in any form whatsoever from complying with the changes in the Supporting Documentation; these changes are effective immediately for new Users, whilst existing Users will be allowed 30 days from the email notification to adjust to such changes. Easy Render’s failure to exercise or enforce any right or provision within these Terms and Conditions of Use and/or the Supporting Documentation shall not operate as a waiver of such right or provision; if any right or provision within these Terms and Conditions of Use and/or the Supporting Documentation is, for any reason, held to be invalid or unenforceable, the other provisions within the same document and the entirety of the Supporting Documentation will be unimpaired, and the invalid or unenforceable right or provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

5.11. TERMINOLOGY

The block capital headers within the Supporting Documentation are for convenience only and have no legal or contractually binding effect. The masculine singular form is used throughout the Supporting Documentation but does not indicate an exclusivity (the Supporting Documentation applies similarly to both males and females, whether singular or plural). Terms introducing any type of list, such as the terms “include(s)”, “including”, “such as”, “for example”, ”e.g.” (or similar terms ) imply no limitation whatsoever and are used herein to introduce a number of items which are in no way intended to be exhaustive. The term “loss” (or similar terms) is used herein to cover any form of loss (e.g. financial, reputational, strategic, conceptual, operational, data, etc) incurred in any manner (e.g. through action or inaction, directly or indirectly, on or off the Site, etc), at any time, by whichever party (e.g. User, third party service provider, third party website, third party advertisement, third party entity and/or person, etc.), through interaction with any other party; and Easy Render (including its officers, employees, agents, successors and assigns) is in no way responsible and/or liable for this loss whatsoever.

6. GOVERNING LAW

6.1. GOVERNING LAW

This Terms and Conditions of Use document and the entirety of the Supporting Documentation, including the Client/Artist Agreement and the Image Transfer Agreement document, and any claim in any way relating to Easy Render (and its officers, employees, agents, successors and assigns) and/or the Site shall be governed solely and exclusively in accordance with the laws of the State of Switzerland, without regard to its conflict of laws provisions and without giving any effect to any law that would result in the application of the law of any other jurisdiction.

6.2. DISPUTE RESOLUTION

Easy Render is not a party to any of the agreements entered between two or more Users and/or third parties and Easy Render plays no role whatsoever in dispute resolution. Where any Users and/or third parties intend to proceed on a dispute they must not commence any arbitration or court proceedings relating to a dispute unless: the arbitration or court proceedings comply with this provision and those set out in the Supporting Documentation; the party raising the dispute has notified the other party(s) and Easy Render in writing and has provided sufficient detail to enable the dispute to be considered; and both parties have been in correspondence about the dispute and have attempted to resolve it between themselves. If the dispute is not resolved within 14 days of when the dispute was first notified in writing by the initiating party, then the dispute may be taken to arbitration or court proceedings, with provision 6.1. of these Terms and Conditions of Use remaining binding in all instances.