General terms and conditions of business
1. Scope of Application
1.1
These Terms & Conditions (T&C) apply to all services provided by the PROVIDER to the CLIENT, unless expressly agreed otherwise.
1.2
Conflicting or supplementary terms of the CLIENT shall not apply unless expressly approved in writing by the PROVIDER, even if the PROVIDER performs services with knowledge of such terms.
1.3
The version of these T&C valid at the time of commissioning shall apply.
1.4
These T&C also apply to future contracts of similar nature without requiring renewed inclusion.
2. Scope of Services
2.1
The specific scope of services is defined in the PROVIDER’s individual offer and any additional written agreements between the parties.
2.2
Interim drafts, previews or work-in-progress results serve the purpose of coordination only and are not considered binding partial results unless explicitly agreed otherwise.
2.3
The PROVIDER retains reasonable artistic and technical freedom in the execution of the services.
2.4
Legal review of work results (e.g., trademark, copyright or competition law) is not part of the service unless explicitly commissioned.
2.5
For work-based services, the CLIENT shall accept the work within 7 days of delivery. If no feedback is provided within this period, the work is deemed accepted.
2.6
Deadlines are non-binding unless expressly agreed as binding. Delays caused by insufficient CLIENT cooperation extend deadlines accordingly.
2.7
The PROVIDER works based on the technical standards available at the time of commissioning.
No guarantee is given for:
– identical behavior after software, engine or plugin updates
– specific performance metrics
– compatibility with third-party systems
– deterministic behavior of simulations or dynamic systems
2.8
The PROVIDER may engage subcontractors to perform services.
3. CLIENT Responsibilities
3.1
The CLIENT must provide all required information, materials and access in a timely manner. Delays resulting from insufficient cooperation are the CLIENT’s responsibility.
3.2
The CLIENT is solely responsible for the legality of all provided content. The PROVIDER does not perform legal checks.
4. Third-Party Costs
4.1
Third-party costs (e.g., licenses, materials, production costs, platform fees, external services) will be charged to the CLIENT. The PROVIDER will inform the CLIENT in advance.
5. Compensation
5.1
The compensation stated in the offer applies. Prices are exclusive of applicable VAT.
5.2
The number of revision rounds is defined in the offer. Additional revisions or changes constitute extra work and will be agreed upon separately.
5.3
Additional costs incurred through CLIENT-caused changes or delays will be invoiced separately.
5.4
The CLIENT remains obligated to pay for services if performance becomes impossible for reasons not attributable to the PROVIDER.
6. Payment Terms
6.1
Unless agreed otherwise, 50% of the total fee is due upon commissioning. The remaining 50% is due upon completion of the service.
6.2
Invoices are payable within 14 days.
6.3
Payments are made via invoice.
7. Cancellation & No-Show Fees
7.1 Project cancellation by the CLIENT
If a project is cancelled before completion, all services performed up to that point as well as time reserved for the CLIENT must be compensated. No additional flat cancellation fees apply.
7.2 No-show or short-notice cancellation of scheduled appointments
(e.g., sessions, meetings, production days)
– Cancellation < 48 hours before the appointment: 50% of the agreed or usual daily rate
– Cancellation < 24 hours before the appointment: 100%
8. Delay
8.1
Service deadlines begin only once the upfront payment has been received and all necessary CLIENT inputs have been delivered.
8.2
If the CLIENT is in payment default, the PROVIDER may pause all work until outstanding payments are settled.
8.3
In the event of substantial contractual breach (e.g., missed installment payments), the PROVIDER may terminate the contract for cause.
9. Project Files, Working Files & Archiving
9.1
Working files, project files, technical setups, 3D models, textures, simulations, scene files, Sequencer files and Unreal Engine project files are not part of the standard deliverables.
Their release is subject to prior agreement and at the discretion of the PROVIDER.
9.2
The PROVIDER is not obligated to archive project data after completion. Archiving can be arranged upon request.
10. Copyright & Usage Rights
10.1
The PROVIDER grants the CLIENT the usage rights specified in the offer, limited to the final, accepted results. Rights are granted without geographical or time limitation unless otherwise agreed and apply solely to the specific project.
10.2
Usage rights do not extend to discarded drafts, concepts or working files.
10.3
Modifications or adaptations of the work results are permitted only upon prior agreement with the PROVIDER.
10.4
Third-party assets (e.g., marketplace assets, Megascans, plugins) are subject to their respective license terms. The CLIENT is responsible for compliance with these terms.
11. References & Portfolio Use
11.1
The PROVIDER may reference the CLIENT and use extracts of the final work for portfolio, website, presentations and social media.
11.2
This applies only to published or non-confidential content. Confidential or unreleased material will only be shown with prior approval.
12. Liability
12.1
The PROVIDER is liable without limitation for damages caused by intent or gross negligence, and for injury to life, body or health.
12.2
For simple negligence, liability is limited to damages resulting from breach of essential contractual obligations and to the foreseeable, typical amount.
12.3
Liability for loss of profits is excluded.
13. Right of Withdrawal
13.1
The PROVIDER concludes contracts exclusively with business clients (entrepreneurs under Sec. 14 German Civil Code). No statutory right of withdrawal applies.
14. Final Provisions
14.1
Side agreements require written form. This also applies to amendments to this clause.
14.2
If any provision becomes invalid, the remaining provisions remain unaffected. The parties will replace invalid terms with a valid provision closest in meaning and intention.
14.3
Changes to these T&C apply only to future agreements.