Terms of Service

Effective Date: December 14, 2024

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 will deliver services as outlined in our agreement, in accordance with your specifications. However, please note that for mod development specifically, it may not always be possible to implement features exactly as requested due to unexpected limitations and complications. These may include technical challenges, such as:

  • Difficulty or excessive time required to implement a feature.

  • Risks of breaking functionality due to future game updates.

  • Inability to identify entry points for implementing certain features.

I will communicate any such issues promptly to ensure clarity and manage expectations.

3. Payment Terms

Fees

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

Upfront Payment

  • Full payment is required upfront before any work begins. However, for trusted clients with whom I have an established relationship, I may consider offering flexible payment options based on the project scope and agreement.

Day Rate Payment

  • For projects billed at a day rate, the full day rate will be charged regardless of whether the work takes less than 8 hours. Any remaining time can be spent on additional tasks related to the project.

Hourly Session Payment

  • For projects billed at an hourly rate, the full rate for the 1-hour session will be charged regardless of whether the work takes less than an hour. Any remaining time within that hour can be spent on additional tasks related to the project.

Milestone Payments

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

  • An upfront payment is required before starting each milestone.

  • Payment terms for milestones will be specified in writing or on the invoice for each project.

Invoices and Payment Deadlines

  • All invoices are due within 30 days of issuance unless otherwise agreed in writing.

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

  • Payment must be made in full by the stated due date unless explicitly agreed otherwise.

Late Payments

  • If an invoice is not paid on time, I will send a payment reminder (referred to as a "Mahnung" in Germany).

  • If the invoice remains unpaid after 30 days of the final reminder, additional fees may apply, and further steps, such as legal action, may be taken to recover the outstanding amount. This will follow local laws, including applicable late fees or interest charges per § 288 BGB (German Civil Code).

SEPA Payment Failure Fees

  • If a SEPA payment fails (e.g., due to insufficient funds or incorrect account details), or if the payment is disputed or canceled without a valid reason, I can charge any fees incurred from the failed or disputed payment. These fees will be added to the invoice and must be paid by the due date in the reminder to avoid further action.

4. Refund Policy

Right of Withdrawal (§ 355 BGB)

  • You have the right to withdraw from this contract within 14 days without giving any reason.

  • The withdrawal period will expire 14 days from the day you receive confirmation of our agreement.

To exercise your right of withdrawal, please let me know (e.g., by email) if you'd like to cancel.

If you withdraw within the 14-day period:

  • I will reimburse you all payments received without unreasonable delay and no later than 14 days from when I receive your notice of withdrawal.

  • I will use the same means of payment as you used for the initial transaction, unless you have agreed otherwise.

Important Note:
For further details on your Right of Withdrawal, please refer to Section 5 (Your Consumer Rights and Protections).

If you decide to cancel a project after the 14-day period has expired or after work has started:

  • A full refund will not be issued, as substantial work may have already been completed.

  • A partial refund may be considered depending on the circumstances and the amount of work completed.

Special Conditions

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

  • No refunds will be provided if SourceMod, MetaMod, or other third-party tools stop working due to game updates or issues beyond my control. These tools are maintained by external developers, and while they may fix the problems, I am not responsible for any disruptions caused.

  • Similarly, no refunds will be issued if game updates cause issues with the mod or service provided, as these updates are also outside of my control.

5. Your Consumer Rights and Protections

As a consumer, you have the following rights:

  • Right of Withdrawal: You have the right to withdraw from this contract within 14 days without providing any reason. The withdrawal period begins on the day you receive confirmation of our agreement to provide freelance services. If the agreement involves the start of a service, the withdrawal period ends 14 days after the day the service contract is concluded. To exercise this right, you must inform me of your decision to withdraw by making a clear statement (e.g., by email).
    For detailed information about the refund process and conditions related to the Right of Withdrawal, see Section 4 (Refund Policy).

  • Right to Refund: If you exercise your right of withdrawal within the specified 14-day period, you are entitled to a full refund of any payments made, subject to the conditions outlined in the Refund Policy section of these Terms. However, if services have already begun and you have given your express consent for them to start during the withdrawal period, you may be required to pay for the portion of the service already provided.

  • Right to Information: You have the right to receive clear and accurate information about the freelance services provided, including the scope of work, pricing, and any other terms and conditions, prior to entering into the agreement.

  • Right to Quality Services: You are entitled to receive services that are performed with due care, skill, and in accordance with the terms outlined in our agreement. If the services do not meet the agreed-upon standards, you may be entitled to a remedy under applicable consumer protection laws, such as a correction of the service or a refund.

This summary is provided for your awareness and to ensure transparency regarding your rights as a consumer.

6. 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 must include:

    • Your intention to cancel.

    • Relevant order details.

  • Clients are not required to provide a specific reason for cancellation.

  • Upon cancellation, the refund process will follow the terms outlined in Section 4: Refund Policy.

7. Warranty and Risk

  • I offer a warranty period of 3 to 6 months for my work, during which I will fix any related issues. This period begins on the completion date of a milestone or project.

  • The warranty will be void if any modifications are made to the delivered work by you or a third party without my consent.

In the event of project cancellation:

  • I will provide a warranty for completed features delivered prior to cancellation.

  • No warranty will be provided for unfinished features.

Important Risks

  • Developing mods for Source Engine games carries inherent risks, including updates from game developers that may affect mod functionality. While I strive for reliability by implementing best practices, such as ensuring long-term compatibility through various technical methods, I cannot guarantee long-term functionality post-warranty.

8. Limitation of Liability

  • My liability is limited to cases of gross negligence or willful misconduct, which includes but is not limited to the implementation of malicious code or any other intentional harmful actions.

  • I am not responsible for any indirect, consequential, or special damages, including loss of users, revenue, or reputation, that result from the use of my services. This applies even if my work contributed to such outcomes, as long as the work was delivered according to the agreed terms and instructions. My liability is limited to the amount paid for the services provided.

If you provide copyrighted materials:

  • You accept full responsibility for any legal issues that may arise from their use.

  • You agree to protect me from any claims, damages, or costs related to your use of these materials.

Project Involvement in Copyrighted IP

By engaging my services to develop projects that involve the use of copyrighted materials, including but not limited to assets from existing franchises, you acknowledge that any legal risks, including those related to commercial use or monetization (e.g., accepting donations), are borne by you. You agree that I will not be held responsible for any claims or legal actions arising from your use of such materials, including but not limited to demands for refunds due to copyright infringement concerns.

9. Copyright and Ownership

  • I retain copyright to my work unless agreed otherwise in writing.

  • You may use the work in your projects as long as it is not for commercial purposes, which includes, but is not limited to:

    • Selling

    • Monetizing

    • Accepting donations

    • Offering features I developed in exchange for money

  • For mod projects:

    • I am open to granting commercial use of my mods only with my prior permission.

    • You can share the work publicly for free, provided I am credited as the creator.

  • For commercial game development projects:

    • The work can be used in a commercial setting only if we have agreed upon that in advance.

    • Commercial purposes in this context refer to the use of my work as part of a game being sold, or any associated monetization of that game.

10. 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.

11. Confidentiality

  • I will keep all information you provide confidential and will only use it to deliver my services. This confidentiality continues even after our agreement ends. If you violate this confidentiality, you may be held responsible for any damages that arise from such disclosure.

12. Client Responsibilities

You agree to:

  • Provide clear project requirements and objectives (e.g., detailed descriptions of desired features, target audience, and intended use).

  • Specify whether the project is intended for commercial or non-commercial use at the outset.

  • Give timely feedback to keep the project on track.

  • Ensure access to necessary resources for project completion.

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

Communication in Writing

  • All communication regarding the project must be in writing (e.g., email, chat logs). This ensures clear documentation and understanding of the project scope and any changes.

Consequences of Failing to Meet Responsibilities

If you fail to meet these responsibilities, it may lead to delays in project timelines or potential cancellation of the project. Refunds in such cases will depend on the amount of work already completed and the specific circumstances surrounding the delay.

13. Termination

  • You can terminate our agreement before work begins and receive a full refund.

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

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

14. Dispute Resolution

  • Any disputes will be handled privately, with both parties making an effort to resolve the issue amicably.

  • If a satisfactory resolution cannot be reached, both parties agree to engage in mediation before escalating the matter to court. Mediation is intended to lead to a quicker, less costly resolution.

15. Governing Law and Jurisdiction

  • These Terms and any disputes are governed by the laws of Germany, subject to applicable EU laws.

  • Any legal disputes arising from or in connection with this agreement will be subject to the competent courts in the district where the Provider is located, unless the consumer is entitled to bring the dispute before their local courts under applicable law.

16. Changes to Terms

  • I reserve the right to modify these Terms of Service at any time.

  • Clients will be notified of significant changes via email.

  • Continued use of my services after changes indicates acceptance of the new terms.

  • Clients must accept the terms when they book or pay for my services.

17. Contact Information

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

18. Acknowledgment of Terms

By engaging in my services, including making payments, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, which apply to all current and future interactions with my services. If you do not agree with any part of these Terms, please refrain from using my services.