Terms & conditions

These terms and conditions are part of a legal agreement between Metamorphic studios Limited (“Metamorphic studios”) and the client.  These terms and conditions of business shall apply to all commissions undertaken by Metamorphic studios, unless otherwise specifically agreed in writing. When starting the project, the Client agrees to be bound by these Terms and Conditions.

  1. The balance of Metamorphic studios fees shall be invoiced immediately upon completion of the project. The invoice must be paid within 15 days of the invoice date.
  2. Metamorphic studios reserves the right to charge interest at 10% for any amounts outstanding beyond 15 days and every month that follows without the balance being settled.
  3. Metamorphic studios will retain the copyright on all files produced on behalf of the Client until final payment has been received.
  4. The Client will be ultimately responsible for content, images  and other forms of media provided to Metamorphic studios.
  5. Upon delivery of the commissioned work, the Client accepts full responsibility for them, and for any grievances arising as result of these files, either in Hong Kong, or in any other territory. Metamorphic studios accepts no responsibility for such content.
  6. Any request made outside the scope of this quotation will be charged at a maintenance rate of HK$450 per man-hour.
  7. Metamorphic studios reserves the right to charge a “kill fee / cancelation fee” if the client should cancel the commission.
  8. The kill fee / cancelation fee will cover all costs and expenses for Metamorphic studios that exceeds the 30% deposit.
  9. This is the only agreement between Metamorphic studios and the Client. If a court decides that any part of the agreement cannot be enforced, then that part will not apply. The rest of this agreement will continue to apply.
  10. Any notice given under this agreement must be made in writing and sent by post to the parties' respective addresses.
  11. Metamorphic studios reserves the right to terminate this agreement without notice for any reason including nonpayment of fees.
  12. Metamorphic studios reserves the right to make changes to this agreement at any time.
  13. This agreement shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region

 

Warranties and Liabilities

  • Metamorphic studios warrants that it will use reasonable skill and care to provide the commissioned work.
  • Warranties not expressed or implied are hereby excluded to the fullest extent permitted by law.
  • Any liability Metamorphic studios may have (whether in contract, tort, including negligence or otherwise) shall be limited to the total fees paid by the Client under this agreement.
  • Metamorphic studios shall not be liable to the Client or to any third party for any loss of profits, loss of sales, loss of turnover
  • or loss of use or corruption of data or software or for any indirect, consequential or special loss.
  • This does not exclude Metamorphic studios liability in respect of fraud or in respect of death or personal injury caused by Metamorphic studios negligence.
  • Metamorphic studios does not guarantee that any of its files shall be playable on any particular computer system.
  • Metamorphic studios shall not be responsible for any delay or failure to carry out commissioned work under this agreement for reasons beyond Metamorphic studios reasonable control including but not limited to the acts or omissions of a third party or the Client’s failure to perform the Client’s obligations.
  • This section shall survive the termination of this agreement for any reason.