Last updated: January 2018
The following are terms of a legal agreement between you and ModelMaker and its affiliates (collectively, “ModelMaker”, “we”, “us” or “our”). These terms and conditions govern your use of the services we offer. By using our services, you acknowledge to have read, understood and agree to be bound by these “Terms and Conditions” and to comply with all applicable laws and regulations.
Payment in full is usually required to begin any order. Payment arrangements may be made for high dollar jobs, always requiring payment for 50% of total job cost up front and final payment due at time of service/product delivery.
For ACH debits to your checking/savings account, you understand that because these are electronic transactions, these funds may be withdrawn from your account immediately. In the case of an ACH Transaction being rejected for Non Sufficient Funds (NSF) you understand that ModelMaker may at its discretion attempt to process the charge again within 30 days, and agree to an additional $34.00 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized payment. You acknowledge that the origination of ACH transactions to your account must comply with the provisions of U.S. law. You certify that you are an authorized user of submitted credit card/bank account and will not dispute the transaction with your bank or credit card company; so long as the transaction corresponds to the terms indicated by the invoice and in this agreement.
Data Collection, Privacy and Security
ModelMaker complies with all applicable laws and regulations governing the collection, retention and use of all data associated with credit card and eCheck.Net Transactions. ModelMaker collects the minimal personal information necessary for payment processing and delivery of your model. ModelMaker does not electronically maintain credit card or check information. Name, phone, address, and email are maintained for internal marketing purposes only. We will never sell your information.
ModelMaker complies with all current legal obligations and guidelines, including, without limitation, those issued by Credit Card Associations and the Federal Trade Commission, associated with the collection, security, dissemination and destruction of data on its website, and expressly including the Payment Card Industry (PCI) Data Security Standard, Visa Cardholder Information Security Program (CISP) and the MasterCard Site Data Protection Program (SDP). ModelMaker has taken such precautions as are necessary to ensure that its server and electronic systems are secure from breach or intrusion by unauthorized third parties.
We use email to deliver digital products such as 3D illustration and 3D virtual models. For delivering of physical models to our clients, we use Fedex, UPS, and Freight Service. While we package models for safe transport, ModelMaker is not liable for any loss, damage, breakage, or cost caused during delivery due to the fault of the carrier service. ModelMaker is also not liable for any delay in shipping due to the fault of the chosen carrier company. Title and risk of loss is transferred upon delivery to the chosen carrier for shipment.
If you cancel your order after it goes into production, any payment made to us is forfeited.
Returns and Repairs
Due to our services and products being custom one‐of‐a‐kind deliverables, we do not offer refunds. You understand the nature of 3D illustration, 3D virtual model making, 3D printing and physical model making and that breakage, color shifting, and surface finish irregularities can occur. Therefore, our models and services are delivered 'as-is'. If you determine the product or service is faulty within 5 days of receiving the item and believe you are entitled to a replacement part or model repair, please contact us. Do not return the model unless we require you to do so. It is ModelMaker discretion if any repairs or replacement parts will be done at our cost.
Product / Service Warranty
ModelMaker makes no warranty. To the fullest extent permitted by law, ModelMaker hereby expressly disclaims any representations or warranties of any kind, expressed or implied, including without limitation warranties of fitness for any particular purpose, or noninfringment.
Disclaimer or Liability / Indemnification
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of ModelMaker services. Except as set out below, there are no warranties, conditions or other terms that are binding on us regarding the supply of services except as expressly stated in these terms and conditions. Any warranty, condition or other term arising out of or in connection with the Services or the delivered models which might otherwise be implied into or incorporated into these terms and conditions by statute, common law, laws applicable in the country where you ordered the services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.
ModelMaker and its officers, directors, employees, subsidiaries, affiliates, and representatives will not be responsible, or liable, for any damages of any kind including, without limitation, personal injury, loss of contracts, loss of data, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your use of our product or services. Except to the extent permitted by law, ModelMaker also disclaims all liability -howsoever arising- in connection with any loss, damage, and/or financial expense arising from its models/products.
ModelMaker shall have no liability to you for delay or failure to carry out its obligations to any customer due to delays, inaccuracies, errors in, or for any actions taken in reliance thereon or occasioned thereby, or for reasons beyond ModelMaker's control, including without limitation, acts of God, war or terrorism, natural disasters, changes in or compliance with laws, regulations or governmental policies, and/or shortages of supplies and services. ModelMaker may extend delivery of an order so affected without liability to the customer, except for the return of any payment made by the customer to ModelMaker, with respect to any undelivered portion of the order so canceled.
These Terms and Conditions shall be governed by the laws of California, USA, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than California, USA. Any and all disputes arising from these Terms and Conditions, including disputes relating to the validity thereof, and any disputes related to the use of the ModelMaker Services or Website or relating to the models ordered and delivered, shall be brought in the federal and state courts located San Francisco, California, USA.