Terms and Conditions

0. Definitions

Artist: Koen Vissers, Holbeinstraße 30/1, 88212 Ravensburg, Germany.

Client: The entrepreneur (§ 14 BGB), legal entity under public law or special fund under public law commissioning the services in the exercise of a commercial or independent professional activity.

Work: All 3D models, renderings, animations, textures, sculpts, and other creative outputs delivered to the Client, including drafts and intermediate stages.

Deliverables: The final agreed-upon output files (typically rendered images, video files, or game-ready assets in agreed formats).

Source Files: Native project files (.blend, .c4d, .hip, .spp, .zpr, .psd, .ai) and all non-flattened, non-rendered working files from which the Deliverables were produced.

Briefing: The project description, specification, or creative brief mutually agreed upon in text form before work commences.

1. Scope & Application

These T&Cs apply exclusively to entrepreneurs (§ 14 BGB), legal entities under public law, and special funds under public law. Deviating, conflicting, or supplementary terms of the Client are expressly rejected and shall not become part of the contract, even if the Artist does not separately object to them.

These T&Cs are the sole basis for the contract. The Artist remains an independent contractor; no employment relationship is created.

2. Confidentiality

a) Mutual Obligation: Both parties shall treat all non-public business and project information of the other party as confidential and shall not disclose it to third parties without prior consent in text form, unless such disclosure is required by law.

b) Duration: This obligation survives the termination of the contract for a period of three (3) years.

c) Enhanced NDA: A full Non-Disclosure Agreement with extended scope, longer duration, or contractual penalties is available at a surcharge of at least 50% on the project price.

3. Copyright & Usage Rights

a) Retention: The Artist retains all copyrights and moral rights to the Work (including drafts and intermediate stages).

b) Grant of Rights: Upon full payment, the Client receives a non-exclusive, non-transferable right to use the Work for the purpose specified in the Briefing. Any use beyond the agreed purpose requires separate agreement in text form and additional compensation.

c) Portfolio Right: The Artist may use the Work for self-promotion (social media, website, reels, showreels) after delivery, unless the Client objects for legitimate reasons.

Standard Publication Delay: A 90-day publication delay (e.g., for product launches or embargoed content) is available at no extra cost.

Exclusive Rights: Full exclusivity or transfer of usage rights requires a surcharge of at least 50% on the project price and must be agreed in text form.

Credit / Attribution: Unless otherwise agreed, the Artist is entitled to be credited by name (Koen Vissers / kunemann) in connection with the Work, in a manner customary for the medium.

d) Condition Precedent: No rights are transferred until the invoice is paid in full. Unauthorized use before payment constitutes a copyright infringement.

4. AI & Machine Learning

a) No Training: The Client shall not use the Work — in whole or in part — to train, fine-tune, or otherwise develop generative AI models, machine learning systems, or neural networks without the Artist's prior consent in text form and a separate licensing agreement.

b) No Input: The Client shall not input the Work into any generative AI system (image generators, video generators, 3D generators) as a prompt, reference, or conditioning input.

c) Artist's Use: The Artist may use generative AI tools as part of the creative workflow (concept exploration, reference generation) but warrants that final Deliverables are original work not trained on unauthorized third-party data, to the best of the Artist's knowledge.

5. Contract & Materials

a) Formation: Contracts are formed via text form (e.g., email) confirmation or commencement of work after receipt of the deposit.

b) Client Duty: The Client warrants that all provided materials (logos, references, briefing documents) are legally cleared and indemnifies the Artist against all legitimate third-party claims arising from their contractual use.

c) Subcontractors: The Artist is entitled to engage qualified third parties to assist in the execution of the contract. The Artist remains fully responsible for the performance of any subcontracted work.

6. Payment & Pricing

a) Terms: 50% deposit required upfront. The Artist is not obligated to start before receipt. The remaining 50% is due upon delivery, net 14 days unless otherwise agreed.

b) Rates & Pricing: Pricing is bespoke and tailored to each Client, project, and budget. All quotes are non-binding until confirmed in text form. Overtime, weekend, or holiday work may be billed at a mutually agreed surcharge. All prices are net plus statutory VAT.

c) Reimbursable Costs: The following costs are invoiced separately at cost, unless included in a fixed-price agreement: (i) travel expenses and accommodation, (ii) stock assets (3D models, textures, HDRIs, fonts), (iii) render farm or cloud compute costs, (iv) third-party software licenses required specifically for the project. Costs exceeding €100 require prior Client approval.

d) Default: Default interest is 9 percentage points above the base rate (§ 288 (2) BGB), plus a €40 flat fee (§ 288 (5) BGB). Late payment allows the Artist to suspend work on all ongoing projects with the Client until outstanding amounts are settled.

7. Cancellation & Termination

a) Cancellation by Client (Kill Fees): The Client may cancel at any time. The following fees apply as fair compensation for work performed and opportunities lost (the Client may prove that actual loss was lower):

Completion percentage is determined by the Artist based on milestone progress defined in the Briefing or, absent milestones, by deliverables completed versus total scope.

b) Termination for Cause (Artist): The Artist may terminate the contract with immediate effect if: (i) the Client fails to pay a due invoice despite a 14-day reminder in text form, (ii) the Client fails to provide necessary cooperation, materials, or feedback within a reasonable deadline set by the Artist, or (iii) the Client commits a material breach of contract not remedied within 10 days of notice in text form.

c) Termination for Cause (Client): The Client may terminate with immediate effect if the Artist commits a material breach not remedied within 14 days of notice in text form, or if the Artist is unable to perform for more than 30 consecutive days due to Force Majeure (§10).

d) Effect of Termination: Upon termination, the Artist shall deliver all Work completed up to the termination date. Payment shall be calculated on a pro-rata / time-spent basis for the work performed. §7(a) kill fees remain unaffected for Client cancellations.

• Up to 50% completion: 25% of total fee.
• Over 50% completion: 100% of total fee.

8. Revisions & Approval

a) Revisions: Fixed-price agreements include two (2) rounds of modifications within the original scope defined in the Briefing. Changes outside the original scope are considered additional work and are billed at a mutually agreed rate or by separate agreement.

b) Silent Acceptance: The Client shall provide feedback within the periods stated below. If no substantive feedback is received within the applicable period, the Work is deemed accepted. A simple “reviewing” or “in progress” acknowledgment does not reset the clock and does not constitute substantive feedback.

c) Source Files: Source Files (.blend, .c4d, .hip, .spp, .zpr, .psd, .ai, and any other non-flattened, editable project files) are not included in the standard delivery. Transfer of Source Files requires a separate agreement in text form and typically incurs a 100% surcharge on the project price.

• 10 business days for projects up to €5,000.
• 15 business days for projects between €5,000 and €15,000.
• 20 business days for projects exceeding €15,000.

9. Liability & Warranty

a) Unlimited Liability: The Artist is liable without limit for intent and gross negligence, for damages arising from injury to life, body or health, under any guarantee assumed, and under the German Product Liability Act (ProdHaftG). This liability cannot be excluded or limited (§ 309 No. 7 BGB).

b) Liability for Simple Negligence: For simple negligence, the Artist is liable only for breach of a material contractual duty (cardinal duty) — one whose fulfilment is essential to proper performance and on which the Client routinely relies. In that case liability is limited to the foreseeable damage typical for this type of contract, capped per claim at the higher of: (i) twice the project value, or (ii) €10,000.

c) Data Loss: The Artist takes reasonable precautions against data loss but is liable only to the extent the Client maintained reasonable, state-of-the-art data backups; otherwise lit. a) and b) apply.

d) Limitation Period: Defect claims expire 12 months after acceptance/delivery. Statutory limitation periods remain unaffected for claims based on intent, gross negligence, injury to life, body or health, or under the ProdHaftG.

10. Force Majeure

a) Definition: Force Majeure includes, but is not limited to: illness or incapacity of the Artist (as a solo operator), natural disasters, fire, war, terrorism, pandemics, governmental restrictions, internet or power infrastructure failures lasting more than 24 hours, and hardware failure requiring replacement time exceeding 48 hours.

b) Effect: Neither party shall be liable for delays or non-performance caused by Force Majeure. The affected party shall notify the other within 5 business days. Deadlines are extended by the duration of the Force Majeure event plus a reasonable ramp-up period.

c) Extended Force Majeure: If a Force Majeure event continues for more than 30 consecutive days, either party may terminate the contract. In such a case, the Artist is entitled to compensation for work performed up to the termination date.

11. Final Provisions

a) Governing Law & Venue: Governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive venue and place of performance for all disputes arising from this contract is Ravensburg, Germany (§ 38 ZPO).

b) Dispute Resolution: Before initiating legal proceedings, the parties agree to attempt resolution through mediation or a structured settlement discussion. This does not restrict either party's right to seek interim injunctive relief.

c) Severability: If one or more provisions of these T&Cs are or become invalid, the remainder shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the original.

d) Written Form: Amendments and supplements to these T&Cs must be made in writing. This also applies to any waiver of this written-form requirement. Oral side agreements do not exist.

e) Language: The contractual languages are German and English. In case of discrepancies between the language versions, the German version shall prevail.

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No Right of Withdrawal (Businesses / B2B)

The statutory consumer right of withdrawal (§§ 312g, 355 BGB) does not apply in transactions with entrepreneurs. This version of the T&Cs is intended exclusively for entrepreneurs within the meaning of § 14 BGB.

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