Terms of Service for Render Commissions
These Terms of Service (“Terms”) govern the 3D render services provided by Xahau Media LLC (“we,” “us,” or “our”) to you (“you” or “client”) for the creation of digital renders. By commissioning renders from us, you agree to abide by these Terms. Please read these Terms carefully before placing any orders.
1. Commission Process
1.1. Requests: To initiate a custom commission, you must provide a detailed description of your project including any reference images, resolutions, specifications, and any other relevant details. You will need to provide the required texture files before work can commence.
1.2. YCH (Your Character Here): The level of customization available may vary depending on the complexity of the requested changes and our discretion. We reserve the right to determine the feasibility of requested customization and may charge additional fees for complex changes.
1.3. Quotes: Upon receiving your request, we will provide you with a quote for the commission, including the estimated cost, timeline, and any specific terms or conditions. Prices on YCH work is defined in the advertised price of each specific YCH piece.
1.4. Agreement: If you agree to proceed, you must confirm your acceptance of the quote, along with any revisions or clarifications. This confirmation serves as a binding agreement between you and us.
1.5. Character Usage: Both we and you must own the paid base of the model(s) being used in any render commission. You must own the textures you will be providing to us. We comply with all avatar asset creator licenses/Terms of Service and will reach out to the creator if usage permissions of their model is not clear in their Terms of Service.
2. Payment
2.1. Deposit: We require a non-refundable deposit of 50% of the total quoted amount before work commences on custom renders. This deposit reserves your commission slot and covers initial expenses. YCH renders require payment of the full amount before work commences.
2.2. Progress Payments: For commissions exceeding a certain duration or cost, progress payments may be required at predetermined milestones. Failure to make these payments may result in suspension or termination of the project.
2.3. Final Payment: The remaining balance is due upon completion and approval of the renders. We reserve the right to withhold delivery of the final files until full payment has been received.
2.4. Payment Method: We accept PayPal as the sole method of payment for all commissions. All payments, including deposits, progress payments, and final payments, must be made through PayPal. We do not accept any other forms of payment such as bank transfers, checks, or cryptocurrency.
3. Revisions
3.1. Initial Revisions: Your commission includes a specified number of revision rounds as outlined in the quote. Minor revisions, such as small pose adjustments, are typically included. Major revisions or significant changes may incur additional charges.
3.2. Additional Revisions: If you require revisions beyond the agreed-upon rounds, additional charges may apply at our discretion. We will communicate any additional costs before proceeding with the revisions.
4. Delivery
4.1. Completion: We will deliver the final renders to you in the agreed format upon receipt of the final payment. Any additional deliverables, such as varied resolutions outside the original scope or alternate versions, may incur extra charges.
4.2. Ownership: Upon receipt of the final payment, you will receive usage rights for the commissioned renders, subject to any applicable licenses or restrictions.
4.3 Ownership of Characters: You retain ownership of the characters you provide for render work. However, by commissioning renders, you grant us a non-exclusive license to use, reproduce, and display the renders featuring your characters for promotional purposes, unless otherwise agreed upon in writing. Models used in the renders belong to their respective creators and will be used in accordance with their own Terms of Service.
5. Cancellation and Refunds
5.1. Cancellation by Client: If you decide to cancel the commission before completion, the deposit is non-refundable. Any work completed up to the cancellation point will be billed accordingly.
5.2. Cancellation by Us: In the event that we are unable to complete the commission for reasons beyond our control, such as technical difficulties or unforeseen circumstances, we will refund any payments made thus far.
6. Confidentiality
6.1. Non-Disclosure: We will treat all project details and materials provided by you as confidential and will not disclose them to any third party without your explicit consent.
6.2. Portfolio Display: Unless otherwise specified, we reserve the right to display completed renders in our portfolio, website, or marketing materials as examples of our work.
7. Liability
7.1. Limitation of Liability: While we strive to deliver high-quality renders, we cannot guarantee specific outcomes or results. We shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the commission.
8. Governing Law
8.1. Jurisdiction: Each of the parties hereto agrees that all disputes between them arising out of, connected with, related to, or incidental to the relationship established between them in connection with, this agreement whether arising in contract, tort, equity, or otherwise, may be resolved non-exclusively by state or federal courts within the United states of America.
By commissioning renders from us, you acknowledge that you have read, understood, and agreed to these Terms of Service. If you have any questions or concerns, please contact us before proceeding with your commission.
Should you have any questions about these terms or the render request process, please direct questions to: proto.xahau@gmail.com