General Terms and Conditions of Cloud Rendering at RebusFarm GmbH
Section 1 Scope of application concerning cloud rendering
(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 about the cloud rendering service 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 for cloud rendering
(1) Our prices are inclusive of the statutory value-added tax, where it is applicable. The prices for cloud rendering at the time of collection from our registered office in Cologne shall apply, unless otherwise agreed upon.
(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.
(3) The customer shall only have a right of set-off or a right of retention to the extent that his/her claim is undisputed or finally established by a court. This shall not apply for counterclaims of the customer based on warranty.
(4) Each payment for cloud rendering is limited to a maximum purchase amount of 100,000 Euros.
(5) Purchased RenderPoints for cloud rendering can not be sold to a third party by the customer and will not be transferred to a different account.
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 cloud rendering
(1) If the subject matter of the contract is the cloud 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 (see 'Supported Software') and which was used to create the digital data to be rendered as well as the software 'RebusFarm 3.0 Software' are installed without errors. According to the End User License Agreement (EULA) for the 'RebusFarm 3.0 Software' the customer has the right to use the software 'RebusFarm 3.0 Software' free of charge for the cloud rendering at RebusFarm.
(2) With the acquisition of a credit, a claim for the provision of the cloud rendering is established towards us. The customer may assert this claim by placing a render order using the 'RebusFarm 3.0 Software' after registration.
(3) The execution of a render order is paid in RenderPoints with one RenderPoint corresponding to one EUR. The number of RenderPoints required for the execution of a cloud rendering order depends on the scope and complexity of the 3D scenes submitted by the customer. The customer can make a non-binding advance projection of the presumably required RenderPoints in the section 'Calculate Render Costs' or - for a more accurate projection - by transmitting excerpts of the 3D scene using the 'RebusFarm 3.0 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 RebusFarm software 'RebusFarm 3.0 Software' to a folder selected by the customer on his/her computer. Seven days after the provision of the render result, it will be irrevocably deleted (provision period). After expiry of the provision period, a download is not possible anymore, unless we agree otherwise with the customer before the render order is placed.
(5) Apart from this, the conclusion of the contract and the execution of the contract in the case of contracts concerning the cloud rendering of 3D scenes are described in the 'Contractual information.
Section 6 Warranty and liability of cloud rendering
(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 rely on for.
(2) In the case of a purchase contract, we and our vicarious agents are not liable due to obvious material defects of the delivered goods if the customer does not notify us of the defect within a period of two weeks after delivery of the goods.
(3) The limitations of liability mentioned above shall not apply to the liability due to grossly negligent or intentional behavior, for guaranteed qualities, due to a violation of life, body, or health, or to the liability according to the Produkthaftungsgesetz [German Product Liability Act].
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
(1) The contract shall be concluded in English.
(2) These general terms and conditions, as well as the contractual relationship between us and the customer, shall be subject to the laws of the Federal Republic of Germany, to the exclusion of the international uniform law, in particular, the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Section 9 Jurisdiction
(1) If the customer is a merchant, a legal person under public law or a public-law special fund, the exclusive jurisdiction for all disputes directly or indirectly arising from the contractual relationship shall be our registered office in Cologne. This shall also apply if the customer does not have a general jurisdiction in the Federal Republic of Germany.
(2) 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.
(3) Priority statutory provisions, in particular concerning the exclusive jurisdiction, shall remain unaffected.