General Terms and Conditions of Yun Rendering

Section 1 Scope of application

(1) Our deliveries, services, and offers are exclusively made on the basis of these general terms and conditions.

(2) Terms and conditions of the customer do not apply, even if we do not separately object to their application in the individual case.

(3) With the exception of managing directors and authorized signatories, our employees are not entitled to make verbal agreements with the customer in connection with the contract which deviate from these general terms and conditions.

Section 2 Offer and conclusion of contract

(1) Offers and prices contained in brochures, advertisements and other promotional material are not binding.

(2) The customer shall be bound by an order which has not yet been accepted by us for 14 calendar days after sending. We are allowed to accept the offer within this period of time. The time when the customer receives our acceptance shall be decisive for compliance with the period.

Section 3 Prices and payment conditions

(1) Our prices are inclusive of the statutory value-added tax, where it is applicable.

(2) If we grant a starting or test credit at the time of registration via our website, an entitlement to this credit shall only exist if the customer did not already make use of such a credit before.

Section 4 Delivery time

If we do not meet a binding delivery date or a binding delivery period, the customer shall grant us a reasonable grace period which may not be less than two weeks.

Section 5 Contracts concerning rendering services

(1) If the subject matter of the contract is the rendering of animations and/or images, the customer must have a computer connected to the internet on which the operating system Windows/Mac, a legally licensed 3D software which is supported by us and which was used to create the digital data to be rendered as well as the software “Yun Rendering 3.3.1 Software” are installed without errors.

(2) With the acquisition of a credit, a claim for the provision of rendering services is established towards us. The customer may assert this claim by placing a render order using the “Yun Rendering 3.3.1 Software” after registration.

(3) The execution of a render order is paid in EUR or USD. The Package Price of a render order depends on the scope and complexity of the 3D scenes submitted by the customer. The customer can make a non-binding advance projection for a more accurate projection – by transmitting excerpts of the 3D scene using the “Yun Rendering 3.3.1 Software”.

(4) The render result is one or more image files in the file formats jpg, jpeg, tif, tiff, png, bmp, exr, fxr, hdr, pic, rpf, tga, vda, jcb, vst. The render result will be downloaded using the Yun Rendering software “Yun Rendering 3.3.1 Software” to a folder selected by the customer on his/her computer. After the successful download of the render result, it will be irrevocably deleted if seven days have elapsed since the provision of the render result (“period for provision”). After expiry of the period for provision, a further download is not possible, unless we agree otherwise with the customer before the render order is placed.

Section 6 Warranty and liability

(1) In the case of damage we and our vicarious agents are liable, irrespective of the legal reason (in particular in the case of default, defects, or other breaches of duty), only in the case of a breach of a essential contractual obligation,;however, the amount shall be limited to the damage which is foreseeable at the time the contract was concluded and which is typical for this type of contract. Essential contractual obligations are obligations the fulfillment of which enables the proper execution of the contract and on the fulfillment of which the customer regularly relies on and may relyonfor.

Section 7 Reservation in the case of transfer of ownership and/or transfer of rights

(1) We reserve the ownership of the delivered goods until full payment of the purchase price for these goods.

(2) The rights to be transferred and/or to be assigned shall only be transferred or assigned to the customer after full payment of the purchase price or the remuneration.

Section 8 Choice of language and law

The contract shall be concluded in English.

Section 9 Jurisdiction

(1) In all cases, we shall be entitled to bring an action at the place of performance or at the general place of jurisdiction of the customer.

(2) Priority statutory provisions, in particular concerning the exclusive jurisdiction, shall remain unaffected.