General Terms and Conditions
 
of the company MISS3 s.r.o.
(hereinafter referred to as “GTC”)
 
I. Introductory Provisions
 

1. Provider (hereinafter referred to as “Provider” or “we”): MISS3 s.r.o. Registered office: Biskupská 267/8, Brno-město, 602 00 Brno, Czech Republic ID No.: 27668185 VAT ID No.: CZ27668185 Registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 50425 Contact: office@miss3.cz, www.miss3.cz

2. Client (hereinafter referred to as “Client” or “you”): A natural person (entrepreneur) or legal entity concluding a Contract for Work with the Provider for the purpose of their business activities.

3. Subject of the GTC: These GTC govern the mutual rights and obligations between the contracting parties arising from or in connection with the Contract for Work (hereinafter referred to as the “Contract”) concluded between the Provider and the Client. The provisions of the GTC are an integral part of every Contract. Deviating arrangements in the Price Quotation or Contract shall take precedence over the wording of these GTC.

 
II. Definition of Terms
 

1. Work: The creation of a digital work (especially 3D visualization, 3D animation, virtual tour) or a physical work (physical model) according to the specifications in the Price Quotation.

2. Input Materials: All data, files, drawings (CAD, PDF), 3D models, references, textures, and instructions provided by the Client to the Provider as a basis for the creation of the Work.

3. Price Quotation: A document issued by the Provider specifying the Work, the Price, deadlines, and the number of revision rounds.

4. Additional Work: Work exceeding the scope of the originally agreed-upon specifications of the Work, especially additional revision rounds or significant changes to the assignment after a partial phase has been approved.

 
III. Conclusion of the Contract
 

1. The Contract is concluded at the moment the Client demonstrably (usually via email) accepts the Provider's Price Quotation.

2. By accepting the Price Quotation, the Client confirms that they have read these GTC and agree to them in their entirety.

3. The Client undertakes to provide the Provider with all complete and final Input Materials by the deadline agreed upon in the Price Quotation.

 
IV. Price of the Work and Payment Terms
 

1. The price for the creation of the Work (hereinafter referred to as the “Price”) is agreed upon in the Price Quotation. Unless stated otherwise, the Price is exclusive of VAT.

2. Payment terms, including any potential advance payment, are specified in the Price Quotation. The Provider is entitled, especially for new Clients, to require an advance payment of up to 50% of the Price before commencing work.

3. Unless stipulated otherwise in the Price Quotation, the remaining part of the Price shall be paid via a final invoice following the final approval of the Work, payable before the handover of the final high-resolution data (for digital Work) or before the handover (for physical models).

4. The Provider is not obliged to commence work on the Work until the agreed advance payment (if stipulated in the Price Quotation) has been credited to their account.

5. Additional Work (work beyond the agreed scope as per Art. II.4) shall be charged at the Provider's hourly rate of CZK 950 + VAT for each hour commenced. The Provider is obliged to notify the Client in advance of the need for Additional Work and to request their approval.

6. If the agreed deadline for the delivery of the Work is exceeded for reasons on the Client's part (delay in providing Input Materials or feedback as per Art. VI), all further work by the Provider on the Work (including work on revisions that would otherwise be included in the price) may be charged as Additional Work according to the rate specified in Art. IV.5.

7. The standard maturity (due date) of invoices is 14 calendar days.

 
V. Work Process and Revisions
 

1. The number of revision rounds (preview rounds) is specified in the Price Quotation (standardly 3 rounds).

2. Feedback Deadline: The Client is obliged to provide clear feedback (send consolidated comments) on the submitted previews (revisions) no later than 3 working days after receiving them.

3. If the Client fails to respond within this period, the submitted preview is deemed to have been approved without reservations, and the Provider is entitled to proceed to the next phase of work.

4. Comments must not contradict the original assignment. Fundamental changes (e.g., change of camera composition, significant design change after approval) are considered Additional Work.

 
VI. Delivery Deadlines and Delays
 

1. The delivery deadline for the Work is specified in the Price Quotation.

2. The Provider is not in delay with the delivery deadline if:

   • a) The Client is in delay with the payment of the advance invoice (if agreed).

   • b) The Client has not provided complete and final Input Materials on time.

   • c) The Client is in delay with providing feedback (see V.2).

3. In the cases specified in Art. VI.2, the delivery deadline is automatically extended by the duration of the Client's delay.

4. Loss of Priority: If the Client's delay (as per VI.2 b, c) is longer than 7 working days, the Provider is no longer bound by the original delivery deadline. The Provider is entitled to set a new delivery deadline unilaterally, based on their current operational capacity.

5. Express Surcharge: If the Client, despite their delay, insists on maintaining the original delivery deadline, the Provider (if capacitatively possible) may require an express surcharge of up to 20% of the Price of the Work. In such a case, the Provider is not liable for any minor defects or lower quality caused by the rush.

 
VII. Handover of the Work
 

1. Digital Work (visualizations, animations):

   • Unless agreed otherwise, the standard output is visualizations at a resolution of 5000 pixels on the longer side (format .JPG/.PNG).

   • A request for higher resolution (e.g., for large-format printing) must be agreed upon in advance. A subsequent request for higher resolution is considered Additional Work and may be subject to a surcharge of up to 20% of the price for the given shot.

   • The final Work (in full resolution, without watermarks) is handed over to the Client electronically (e.g., via cloud storage) after the full Price has been paid.

2. Physical Work (model):

   • The handover of the Work takes place at the Provider's registered office or at a location designated by the Client (transportation is paid by the Client).

   • The handover is confirmed by the signing of a handover protocol. The risk of damage to the Work passes to the Client upon handover.

 
VIII. Copyright and Licensing (Key Section)
 

1. The Provider is the author of the Work and holds all material copyrights. Source files (e.g., 3D scenes, models, layered .psd files) are not part of the delivery of the Work, unless otherwise agreed in the Price Quotation for a separate fee.

2. Granting of License: Upon payment of the full Price of the Work, the Provider grants the Client a non-exclusive, territorially and time-unlimited license to use the final Work (final renders, video), exclusively for the purposes for which the Work was created (presentation and marketing of the project specified in the Order).

3. The license is granted only upon the moment of full payment of the total Price. Until then, the Client is not authorized to use the Work in any way.

4. Restriction on Modifications: The Client is not authorized to modify, change, retouch, combine with other work, or use the Work (or any part thereof) for another project without the prior written consent of the Provider.

5. Author Attribution: The Client undertakes to credit the Provider as the author in every public presentation of the Work (on the web, social media, in print) in the form of "Source: www.miss3.cz" or "Visualization: MISS3".

6. Brand Protection: In the event that the Client makes changes to the Work (even with the Provider's consent), the Client must not credit the Provider as the author of such modified Work.

7. Provider's Portfolio: The Client grants the Provider consent to use the completed Work for its own presentation purposes (portfolio on www.miss3.cz, social media, competitions), unless exclusivity is agreed upon for a surcharge (NDA).

 
IX. Liability for Defects and Limitation of Liability
 

1. The Provider is responsible for ensuring that the Work has the properties agreed upon in the Contract and corresponds to the previews finally approved by the Client.

2. The Client is obliged to inspect the Work upon handover and to report any obvious defects without undue delay.

3. Limitation of Liability: The contracting parties agree that the Provider's total potential liability for damages arising in connection with the Contract (including defects in the Work) is limited to the amount equal to the total Price of the Work paid by the Client.

 
X. Final Provisions
 

1. The contracting parties undertake to maintain confidentiality regarding all confidential information and Input Materials they have provided to each other.

2. The relationships between the contracting parties are governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code.

3. All disputes will be resolved primarily amicably, or, if necessary, by the competent court in Brno.

4. These GTC come into force and effect on January 1, 2025.