Terms of Service

Effective Date: January 19, 2025

1. Introduction

These Terms of Service ("Terms") explain the services I provide as Justin Chellah ("Provider") to you, the client ("Client"). My services include game and mod development. It is important to read these Terms carefully, as they form a legally binding agreement.

2. Services Provided

I’ll provide the services as agreed, based on your specifications. However, for mod development, it might not always be possible to deliver exactly what you ask for due to some unexpected challenges. These could include:

  • Difficulty or extra time needed to add certain features.

  • Risks of things breaking because of future game updates.

  • Problems finding the right way to implement certain features.

If any of these issues come up, I’ll keep you updated and make sure we’re on the same page.

2.1 Diagnostic and Investigation Services

For diagnosing bugs, investigating crashes, or troubleshooting issues, I charge the full agreed price, even if I can’t fully fix the problem.

  • This is because diagnosing and troubleshooting takes a lot of time and expertise.

  • I’ll always let you know in advance if the project involves diagnostic work.

  • No matter the outcome, I’ll provide you with a detailed summary of what I found and any recommendations for next steps.

3. Payment Terms

Fees

  • All fees for my services will be outlined in our agreement and include the applicable German VAT of 19%.

Upfront Payment

  • Full payment is required upfront before any work begins. For trusted clients with an established relationship, I may offer flexible payment options based on the scope of the project and our agreement.

Day Rate Payment

  • For projects billed by the day, the full day rate will be charged, even if the work takes less than 8 hours.

Hourly Session Payment

  • For hourly rate projects, the full rate for the 1-hour session will be charged, even if the work takes less than an hour.

Milestone Payments

For larger projects, we will work on a milestone basis:

  • An upfront payment is required before each milestone begins.

  • Payment terms for each milestone will be clearly stated in writing or on the invoice for each project.

Invoices and Payment Deadlines

  • Invoices are due within 30 days from the date of issue, unless we agree otherwise in writing.

  • For certain projects or under specific circumstances (e.g., split payments), a shorter payment term of 14 days may apply. This will be clearly noted on the invoice or contract.

  • Payment must be made in full by the specified due date, unless we’ve agreed to different terms.

Late Payments

  • If an invoice is unpaid on time, I will send a payment reminder ("Mahnung").

  • If payment is still not received after 30 days from the final reminder, additional fees may apply, and I may take further steps, such as legal action, to recover the outstanding amount. This will follow local laws, including late fees or interest charges under § 288 BGB (German Civil Code).

4. Refund Policy

All services I provide are fully customized to meet your individual requirements, including discussions, planning, and actual work. As such, these services qualify for the exemption under Article 16(c) of the EU Consumer Rights Directive and § 356(4) BGB:

  • The statutory 14-day cooling-off period does not apply once work has started with your consent.

  • Additionally, once the service has been finalized and delivered, cancellations or refunds are no longer possible, as the work is tailored specifically to your project and cannot be reused or resold.

By agreeing to these Terms and commissioning my services, you:

  • Confirm that the services are tailored to your specific needs.

  • Waive your right to the 14-day cooling-off period.

  • Consent to the work beginning immediately.

If you request to cancel:

  • Before work has started: You may cancel with a full refund.

  • After work has started: A full refund will not be issued, as significant work may have already been completed.

  • A partial refund may be considered at my sole discretion, based on the proportion of work completed.

5. Cancellation and Refund Process

Clients can cancel a project by sending a cancellation request via email or the messaging platform we are using (e.g., Discord). The cancellation request should include:

  • Your intention to cancel.

  • Relevant order details.

You are not required to provide a reason for cancellation.

Once I receive your cancellation request, I will follow the refund process outlined in Section 4: Refund Policy.

6. Warranty and Risk

  • I offer a warranty period of 3 to 6 months for my work. During this time, I’ll fix any related issues that come up. The warranty starts from the date of delivery of the project or milestone.

  • However, if you or a third party make changes to the work without my permission, the warranty will no longer apply.

If the project is canceled:

  • I’ll provide a warranty for the features that were already completed before the cancellation.

  • No warranty is provided for any unfinished features.

Important Risks

  • Modding games, especially Source Engine games, has some risks. For example, game updates from the developers can sometimes affect how the mod works. While I do my best to make sure the work stays reliable over time, I can’t guarantee that everything will stay fully functional once the warranty ends.

7. Limitation of Liability

  • I’m only liable for cases of serious mistakes or intentional harmful actions, like implementing malicious code.

  • I’m not responsible for any indirect damages, like loss of users, revenue, or reputation, that come from using my services. Even if my work contributed to those problems, as long as I delivered the work according to our agreement, I’m not liable. My liability is limited to the amount you paid for the services.

  • I’m also not responsible for any issues caused by third-party tools, like SourceMod or MetaMod. These are managed by other developers, and while they might fix issues on their end, I can't control them.

  • If a major game update causes problems with the mod or service I made, I’m not responsible for that either. Game updates and third-party tools are beyond my control, and even though I’ll try to fix things, I can’t guarantee updates won’t cause issues. Minor updates or patches that don’t significantly affect how the mod works won’t fall under this limitation.

Project Involvement in Copyrighted IP

If you're providing any copyrighted materials, you confirm that you have the rights or permissions to use them for the project. You’re fully responsible for any legal issues that come up because of using those materials, like copyright infringement claims, and you agree to protect me from any legal actions, costs, or damages related to them.

This includes any legal issues that may arise if the project is used commercially or monetized (e.g., accepting donations). I won’t be held responsible for any claims or legal actions due to the use of copyrighted materials, and I’m not liable for refund requests related to copyright problems.

8. Copyright and Ownership

  • I keep the copyright to my work unless we’ve agreed otherwise in writing.

  • You’re free to use the work in your projects as long as it’s not for commercial purposes. This includes, but isn’t limited to:

    • Selling

    • Monetizing

    • Accepting donations

    • Charging for features I developed

  • For mod projects:

    • I’m open to granting commercial use of my mods, but only if I’ve given my permission first.

    • You can share the work publicly for free as long as you credit me as the creator.

  • For game development projects:

    • The work can be used commercially only if we’ve agreed on that beforehand. This means using my work in a game that will be sold or any monetization tied to the game.

9. Deliverables

When I complete your project, I will provide the following:

Source Code:

  • This includes all the code created for your project, such as scripts, configuration files, or other programming assets.

  • If the project involves databases, I will include the relevant database tables or structures as part of the source code.

Compiled Files:

  • If the project involves creating a compiled program (e.g., a C++ extension), I will include the finished executable or library files.

Access to a Private GitHub Repository:

  • I will upload the project files to a private GitHub repository.

  • You’ll receive an invite to the repository at the email address you provided or used for payment.

  • The repository will remain accessible for as long as needed for project maintenance or future updates.

Documentation (if agreed upon):

  • If part of our agreement, I will provide basic instructions or documentation for using and setting up the deliverables.

Important Notes

  • Please download and store the deliverables once I send them to you. The GitHub repository will remain available for ongoing access, backups, and potential future updates, unless otherwise agreed.

10. Confidentiality

  • I’ll keep everything you share with me confidential and only use it for the purpose of delivering the services we’ve agreed upon. This confidentiality stays in place even after our agreement ends. If you break this confidentiality, you may be responsible for any issues or damages that come from disclosing that information.

11. Client Responsibilities

You agree to:

  • Provide clear project requirements and objectives (e.g., detailed descriptions of the features you want, who the project is for, and how you plan to use it).

  • Let me know if the project is for commercial or non-commercial use right from the start.

  • Give timely feedback so we can keep things moving smoothly.

  • Make sure I have access to all the resources needed to complete the project.

  • Confirm you have the rights to any assets or third-party content you provide.

Communication in Writing

  • All communication about the project should be in writing (e.g., email, chat logs). This helps keep everything clear and ensures we both have a record of the project scope and any changes.

Consequences of Failing to Meet Responsibilities

If you're unable to meet these responsibilities, it could cause delays in the project or even lead to cancellation. In such cases, refunds will depend on how much work has already been done and the specific situation.

12. Termination

  • You can cancel the agreement before any work begins and receive a full refund, provided that no work has been started yet.

  • If you cancel after work has started, a partial refund may be issued depending on the work completed.

  • Once the project discussions are completed or work is finalized, no refunds will be issued.

13. Dispute Resolution

  • If any issues come up, we’ll try to work it out privately first, aiming for an amicable resolution.

  • If we can’t reach a satisfactory outcome, we’ll agree to go through mediation before considering court action. Mediation is meant to help us find a quicker and less expensive solution.

14. Governing Law and Jurisdiction

  • These Terms, along with any disputes, are governed by the laws of Germany and relevant EU laws.

  • If there’s a legal dispute related to this agreement, it will be handled by the courts in the area where I (the Provider) am based, unless the consumer is allowed to bring the dispute to their local courts based on applicable law.

15. Changes to Terms

  • I may update these Terms of Service from time to time.

  • If there are major changes, I’ll let you know via email.

  • By continuing to use my services after the changes, you agree to the updated terms.

  • You'll need to accept the updated terms when booking or paying for my services.

16. Contact Information

If you have questions about these Terms of Service, please contact me through my contact form.

17. Acknowledgment of Terms

By working with me and making payments, you confirm that you’ve read, understood, and agreed to these Terms of Service. They apply to all current and future work we do together. If you’re not on board with any part of these terms, please don’t proceed with using my services.