TERMS & CONDITIONS

1) Scope of Application

General Terms and Conditions (GTC):

1.1 These General Terms and Conditions (hereinafter “GTC”) apply to all contracts for services provided by Cosmin-Dionisie Cazacu, trading as “Sole Proprietorship Cosmin-Dionisie Cazacu, Madchamo” (hereinafter “Provider”), concluded with consumers or entrepreneurs (hereinafter “Customer”) regarding the services presented on the Provider’s website. The Provider objects to the inclusion of the Customer’s own terms and conditions, unless otherwise agreed.

Definitions:

In these GTC:

– A “consumer” refers to any natural person conducting a legal transaction for purposes predominantly unrelated to commercial or independent professional activity.

– An “entrepreneur” refers to a natural or legal person or a partnership with legal capacity conducting a legal transaction in the course of commercial or self-employed professional activity.

Acceptance of Terms & Conditions:

1.2 These Terms & Conditions govern all use of the website, its content, services, and products offered by Madchamo. By using our services, you agree to all these terms without modification, as well as to all other rules and policies governing the website.

By providing clear definitions of consumer and entrepreneur, along with specifying the applicability of the GTC to contracts and the acceptance of terms by users, these provisions establish the framework for legal transactions and usage of the website’s services.

2) Conclusion of contract

The customer can send a non-binding request for an offer to the provider by telephone, fax, e-mail, letter or via the online contact form provided on the provider’s website. The provider will send the customer a binding offer for the provision of the service previously selected by the customer upon the customer’s request by e-mail, fax or letter. The Customer may accept this offer by submitting a declaration of acceptance to the Provider by fax, e-mail or letter or by paying the remuneration offered by the Provider within 7 (seven) days of receipt of the offer, whereby the day of receipt of the offer shall not be included in the calculation of the deadline. For acceptance by payment, the day of receipt of payment by the Provider shall be decisive. If the last day of the period for acceptance of the offer falls on a Saturday, Sunday, or a state-recognized general holiday at the customer’s registered office, the next working day shall take the place of such a day. If the customer does not accept the offer of the provider within the aforementioned period, the provider is no longer bound to his offer. The provider will again specifically point this out to the customer in his offer.

3) Right of revocation

Consumers are generally entitled to a right of withdrawal. More information on the right of withdrawal can be found in the cancellation policy of the provider.

4) Prices and terms of payment

Unless otherwise stated in the service description of the provider, the prices quoted are total prices. Sales tax is not shown, as the provider is a small business in the sense of § 19 para 1 UStG.

5) Applicable Law

5.1 All legal relations between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

5.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

6) Alternative Dispute Resolution

6.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

6.2 The Provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Please read the Terms & Conditions, provided by the Madchamo Studio, carefully. If you do not agree to all the Terms & Conditions, then you may not access the Madchamo website or use any services that we provide.

7) Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is somehow affecting you, we will try to provide at least 30 days notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, or with the Terms in general, it is your sole responsibility to stop collaborating with us or using our services. Your continuation will be deemed as your acceptance of our Terms & Conditions.

8) Responsibility

We bear no responsibility over the followings:

• to the condition and content of the digital assets that we receive from clients.

• to the condition and content of the digital assets after the termination of the contract, termination which is agreed both by the studio and the alleged client or company.

9) Client’s responsibility

The client is totally responsible to offer digital assets and content which will help or are mandatory for starting and completing the services that we provide.

10) Right of termination of a contract

Clients and companies are entitled to the right of termination of a contract.

Right of refusing a contract

We reserve our right to refuse a contract if:

• the task required by the client of company is not fully covered by our services.

• the client or company requires a service from us to be realized in a time that we consider unrealistic or it will affect our commitment to quality.

• the requested service is pornographic or if it contains threats or incite violence towards individuals or entities and violates the privacy or any legal rights of any third party.

11) Intellectual Property

The use of our services or our website does not grant you any right or license to reproduce or otherwise use any Madchamo trademarks.

Any finished digital asset or content (3d model, texture, animation, rendering etc.) resulted from a finished, terminated or cancelled contract will be considered an intellectual property of Madchamo and will be used and displayed in any way or form on our website or other portfolio websites for marketing purposes as long as there are no non-disclosure agreements between the client or company and Madchamo, stipulated at the beginning of the contract.

Note that using in any way or form any content from Madchamo website and other websites, to which Madchamo has displayed projects for marketing and social reasons, is strictly forbidden and it will be addressed according to EUIPO.

12) Support

Madchamo Studio does not offer any kind of support regarding the use of finished digital assets or the usage of specific software.

13) Contact

If you have any questions or suggestions regarding our Terms & Conditions please contact us by sending us an email on studio@madchamo.com