Terms & Conditions
1. Service Description:
1.1. The service provided by FilByte includes modeling and animation services. Importing models into the game is not within the scope of our services.
2. Payment and Pricing:
2.1. Clients will be charged on a per-project/per-model basis.
2.2. Payment terms require a 50% upfront payment upon agreement, with the remaining 50% due before the final model is delivered.
3. Delivery and Revisions:
3.1. Delivery time is contingent upon the complexity of the order.
3.2. One revision is included in the service, with additional revisions incurring an additional fee.
4. Client Responsibilities:
4.1. Clients are required to complete a provided form, supplying necessary details for model creation, including model specifications and texture preferences.
4.2. If questions on the form are not answered properly, FilByte reserves the right to cancel the order. This is to prevent miscommunications that may arise due to incomplete or inaccurate information.
4.3. FilByte expects the client to research their model type first. If the wrong type is chosen, there may be difficulties in importing the model correctly, and the model could be rendered unusable. FilByte will not be held accountable for errors resulting from the client's choice of the wrong model type.
5. Intellectual Property:
5.1. Upon full payment, clients retain full rights to utilize the model as they see fit.
5.2. FilByte reserves the right to showcase the created models in its portfolio on the company website. FilByte assures clients that their name or any other personal information will not be made public in the project description unless explicit permission is granted by the client.
6. Confidentiality:
6.1. All information provided by the client will be treated as confidential and will not be shared or disclosed to third parties.
7. Cancellation and Refunds:
7.1. Cancellations and refunds are not provided, except in cases where
7.1.1. FilByte is unable to create the models requested by the client.
7.1.2. Unforeseen technical limitations that prevent successful completion or delivery of the models.
7.1.3. Data loss impacting the project completion.
7.2. If under any circumstance the client has requested a cancellation and FilByte has approved this request, FilByte reserves the right to use the models created during that order for the following purposes:
7.2.1. Reselling the model or
7.2.2. Using the model for other purposes
7.3. FilByte reserves the right to deny cancellation requests if the reason provided is not deemed valid.
7.4. A full refund of the 50% downpayment will be provided to the client, or a 100% discount if paid in full early in cases where FilByte initiates the cancellation and is unable to proceed with the model.
8. Liability:
8.1. FilByte assumes no liability for the usage of the models created. Clients are responsible for ensuring the models meet their specific requirements and are suitable for their intended purpose.
8.2. FilByte is not accountable for any errors that may occur during the client's process of importing the model. We specialize in modeling and animation, and coding is beyond the scope of our expertise.
8.3. FilByte is not held accountable if the client chooses the wrong model type.
8.3.1 FilByte is not held accountable if you have trouble importing the model that is caused by rotation problems.
9. Termination of Service:
9.1. FilByte reserves the right to terminate an order if the client fails to comply with the 50% upfront payment or full payment requirement.
10. Dispute Resolution:
10.1. In the event of any dispute, both parties agree to negotiate in good faith to resolve the issue. If an amicable resolution cannot be reached, legal action may be pursued in accordance with applicable laws.
11. Bulk Order Discounts:
11.1. FilByte reserves the right to offer discounts on orders that are placed in bulk. The decision to provide such discounts is at FilByte's discretion.
11.2. The terms and conditions of any bulk order discounts will be communicated and agreed upon on a case-by-case basis. Bulk orders are defined as orders made on the same invoice.
12. Support Period:
12.1. We offer a 7-day support period on all of our services upon order completion.
12.2. This is a 7-day extension to an order to gain assistance.
12.3. Support includes:
12.3.1. Product bug fixes.
12.3.2. Assistance with corrupt files.
12.3.3. Help with questions or concerns about the product that management or a team member can provide answers to.
12.4. Major revision changes on the model will no longer be entertained at this point.
13. Commission Rejection:
13.1. FilByte reserves the right to reject any commission at any point in time for any reason deemed fit by FilByte.
13.2. If a commission is rejected, FilByte will communicate the reasons for rejection to the client in a timely manner.
14. Age Restriction:
14.1. Clients must be above 18 years old to proceed with transactions. Alternatively, clients who are under 18 years old must have their parent's or guardian's permission to proceed with the transaction.
14.2. By agreeing to these terms and conditions, clients affirm that they are above 18 years old or have obtained the necessary consent from their parents or guardians.
15. Non-Disclosure Agreement (NDA):
15.1. FilByte and the client may enter into a separate non-disclosure agreement (NDA) to protect confidential information exchanged during the course of the project. The terms of the NDA will supersede any conflicting provisions in these terms and conditions.
16. Indemnification:
16.1. Clients agree to indemnify and hold FilByte harmless from any claims, damages, or liabilities arising from the client's use of the models provided, including but not limited to copyright infringement, misuse, or unauthorized distribution.
17. Third-Party Resources:
17.1. FilByte may utilize third-party resources, such as plugins, software, or libraries, in the creation of models. While FilByte will take reasonable care in the selection of such resources, FilByte is not liable for any issues or damages arising from the use of third-party resources.
18. Severability:
18.1. If any provision of these terms and conditions is found to be invalid or unenforceable by a court or other competent authority, it does not affect the validity or enforceability of the remaining provisions.
18.2. In simpler terms, if one part of the terms and conditions is deemed unenforceable or invalid, the rest of the agreement will still stand and be enforceable.
18.3. This provision ensures that if any aspect of the agreement is challenged or found to be legally problematic, it does not nullify the entire agreement. Instead, the remaining valid provisions continue to govern the relationship between the parties.
19. Entire Agreement:
19.1. These terms and conditions constitute the entire agreement between the client and FilByte regarding the subject matter herein and supersede all prior agreements and understandings, whether written or oral.
20. Changes to Terms and Conditions:
20.1. FilByte reserves the right to modify or update these terms and conditions at any time without prior notice. Clients are encouraged to review the terms and conditions periodically for any changes. Continued use of FilByte's services after any modifications shall constitute acceptance of such modifications.