1. Introduction & Acceptance

These Terms & Conditions (“Terms”) govern the services provided by Vivify Productions (“we”, “us”, “our”) to you, the client (“you”, “Client”). By requesting a quote, approving a proposal, or using our services, you accept these Terms. If you do not agree, please do not proceed.

2. Definitions

• • Services: 3D modeling, rendering, animation and related digital asset services (product modeling, furniture modeling, game characters, game props).

  • Deliverables: Final files, renders, models, or other output described in the Project Agreement or Quote.

  • Project Agreement / Quote: The written estimate or scope document defining work, deliverables, price, timeline, and revision rounds.

3. Scope of Work

Work will be performed only as described in the Project Agreement / Quote. Any work outside that scope is a “Change” and will require a written change order and may incur additional fees and timeline changes.

4. Client Responsibilities

You must provide accurate references, dimensions, text, materials, timely feedback, and any rights or permissions for materials you supply. Delays caused by you may extend delivery timelines and may incur additional charges.

5. Proposal, Payment & Billing

• • Payment terms (unless otherwise agreed): deposit of [30–50%] on project start; balance on delivery or per milestone as stated in the Quote.

  • Payment methods: as agreed (bank transfer, PayPal, Stripe, etc.). Client pays all transaction fees, taxes, duties unless otherwise specified.

  • Late payments: may incur interest or suspension of work until paid. We may pause or stop work for overdue accounts.

  • Refunds: see section 12 (Cancellation & Refunds).

6. Revisions & Approval

• • Number of included revision rounds will be defined in the Project Agreement. Additional revisions are billable at our standard hourly or project rate.

  • Client must provide consolidated feedback within [7] calendar days of receiving review materials; otherwise, materials are deemed approved.

7. Deliverables, Format & Acceptance

• • Deliverables will be supplied in agreed formats (FBX, OBJ, GLB, STL, PNG, JPG, etc.). If additional formats are requested later, extra fees may apply.

  • On delivery, Client has [7] calendar days to review and request corrections within included revision rounds. After approval, deliverables are considered accepted.

8. Intellectual Property & Licensing

• • Unless otherwise agreed in writing:

    • We retain ownership of all pre-existing materials and proprietary tools.

    • Upon full payment, we grant you a perpetual, non-exclusive license to use the final Deliverables for the purposes defined in the Project Agreement (marketing, e-commerce, advertising, etc.).

    • Transfer of full ownership or exclusive IP rights (if required) must be agreed and paid for separately and documented in writing.

  • Source files (e.g., layered project files, native files) are not automatically included unless specified; access to source files may incur an additional fee.

  • We reserve the right to include non-confidential Deliverables in our portfolio, marketing, and case studies unless you request otherwise in writing or sign an NDA.

9. Confidentiality

Each party will keep confidential non-public information disclosed by the other. This does not apply to information that is public, already known, independently developed, or required to be disclosed by law. If required, we can sign a separate NDA.

10. Subcontracting

We may subcontract parts of the Services to specialists (modelers, texture artists, animators). We remain responsible for the work and ensure subcontractors comply with confidentiality obligations.

11. Warranties & Representations

• • We warrant we will perform services with reasonable skill and care in line with industry standards.

  • You warrant you have the rights to all materials you provide and that their use will not infringe third-party rights.

12. Cancellation & Refunds

• • If you cancel after work begins, you are responsible for the work completed to date and any non-recoverable costs. We will provide an invoice for completed work.

  • Refund eligibility and amounts depend on project milestones, time spent, and the terms in the Project Agreement. Requests for refunds must be made in writing.

13. Limitation of Liability

• • To the fullest extent permitted by law, our total aggregate liability for any claim related to these Terms will not exceed the amount paid by the Client for the Services that gave rise to the claim.

  • We are not liable for indirect, incidental, special, or consequential damages, or loss of profits, data, or business opportunity.

14. Indemnification

You will indemnify and hold us harmless from any claims, damages, or losses arising from your use of deliverables, any infringement claims arising from materials you provided, or your breach of these Terms.

15. Timeline & Force Majeure

• • We aim to meet agreed timelines but are not liable for delays caused by events beyond our control (force majeure), including natural disasters, internet outages, strikes, or third-party failures.

  • Client-caused delays (late feedback, missing files) will push timelines; additional fees may apply.

16. Termination

• • Either party may terminate for material breach if the breach is not remedied within [14] days of written notice.

  • On termination, Client pays for work completed and any agreed expenses.

17. Data, Privacy & Security

We handle Client data per our Privacy Policy. We implement reasonable technical and organizational measures to protect data but cannot guarantee absolute security.

18. Governing Law & Dispute Resolution

These Terms are governed by the laws of [Country / Jurisdiction]. Parties will attempt to resolve disputes amicably; unresolved disputes may be referred to arbitration or courts in [Jurisdiction] (specify preference).

19. Severability & Entire Agreement

If any provision is invalid, the rest remain in effect. These Terms, together with the Project Agreement, constitute the entire agreement between parties.

20. Changes to Terms

We may update these Terms occasionally; updated Terms will be posted on our website with a new effective date. Continued use indicates acceptance.