1. INTRODUCTION
This document contains important information regarding your interaction with RADUCHITS LLC, a California limited liability company (“we”, “us”, or “our”).
It governs your use of this website and the legal basis upon which we provide computer graphics (CG), motion design, and visual effects services.
By accessing this website or engaging our services, you agree to these terms in full.
2. TERMS OF SERVICE (PUBLIC OFFER)
2.1. Engagement Models
Studio Bookings (Day Rate): Services provided on a day-rate basis are defined as 8 hours of labor. Any hours exceeding this limit within a 24-hour period are considered overtime and may be invoiced at 1.5x the hourly rate.
Fixed-Price Projects: All project-based work requires a 50% non-refundable deposit to initiate production. The remaining 50% is due upon final delivery of the rendered assets but prior to the transfer of any high-resolution masters, unless otherwise agreed.
2.2. Revisions and Alterations We provide two (2) rounds of minor revisions within the agreed scope. A "minor revision" includes color adjustments, timing tweaks, or minor text changes. Any structural changes (e.g., camera path changes, new 3D simulations, or changes to approved storyboards) will be treated as "out of scope" and invoiced at our standard day rate.
2.3. Intellectual Property and Source Files
Final Deliverables: Upon receipt of full payment, the Client is granted an exclusive, worldwide license to use the final rendered output for the purposes specified in the project brief.
Proprietary Rights: RADUCHITS LLC retains all rights, titles, and interests in and to the source files (including but not limited to .C4D, .Houdini, .AEP, and custom scripts).
Source File Buyout: Transfer of source files to direct clients is not standard and is subject to a buyout fee (typically 100% of the total project fee). For studio-based contracts, source file delivery is governed by the specific Master Service Agreement (MSA).
2.4. The "Director’s Cut" and Portfolio Rights RADUCHITS LLC reserves the irrevocable right to use any portion of the work (including unused concepts and "Director’s Cuts") for self-promotion. We agree to respect "embargo" dates and will not publish work until it has been officially released by the Client. However, if a project remains unreleased for more than 6 months post-delivery, we reserve the right to display the work in our portfolio.
2.5. Social Media Credits When the Client or their representatives publish the Work on social media platforms (Instagram, LinkedIn, Behance, etc.), they shall provide a visible credit to "RADUCHITS" or tag the Contractor’s official handle. This applies to both the final version and any behind-the-scenes content.
2.6. Cancellation (Kill Fee) If the Client cancels or postpones a project after work has commenced, the 50% deposit remains non-refundable. Additionally, the Client shall be invoiced for all work performed beyond the deposit value up to the cancellation date. For day-rate bookings, cancellations with less than 48 hours' notice will be subject to a 100% fee for the first booked day.
2.7. Portfolio Display & Takedown Policy
Demonstration of Skills: The Client/Studio acknowledges that RADUCHITS LLC displays works in its portfolio solely for the purpose of demonstrating professional skills and artistic style. Such display is not intended as a claim of full ownership of the project’s underlying intellectual property or a commercial re-sale of the assets.
Role Disclosure: We strive to accurately credit the Studio or Agency for whom the work was produced. If you believe your role or the Studio’s role is incorrectly credited, please notify us for immediate correction.
Mandatory Takedown Request: In the event that a Studio or Client objects to the inclusion of a specific project in our portfolio (due to NDA restrictions, sensitive content, or expired licenses), the objecting party agrees to provide a written Takedown Request via email to anton@raduchits.com.
Safe Harbor Clause: RADUCHITS LLC agrees to remove or password-protect the disputed content within forty-eight (48) hours of receiving a valid Takedown Request. The Client/Studio agrees that compliance with such a request within the specified timeframe shall constitute a full resolution of the matter and waives the right to pursue further legal action or damages regarding the display of said content prior to the notice.
2.8. International Transactions & Fees: For international clients, all payments must be made via wire transfer or approved digital platforms. The Client is responsible for all intermediary bank fees and currency conversion costs. The total amount received by RADUCHITS LLC must match the net amount stated on the invoice.
3. PROJECT FINALIZATION
3.1. Final Acceptance Delivery of the final high-resolution assets constitutes final acceptance of the work. The Client has seven (7) business days to report any technical defects (e.g., render glitches). After this period, the project is considered closed. Any subsequent changes or "fixes" will be treated as new work and invoiced at the standard rate.
3.2. Digital Acceptance (International): For the purposes of international accounting and tax compliance (including Ukrainian "Act of Acceptance" requirements), the fact of the final payment by the Client or the absence of a written protest within seven (7) business days after delivery shall be deemed as full and unconditional acceptance of the services and a confirmation that the Client has no claims regarding the quality or volume of the work.
4. PRIVACY NOTICE
4.1. What Information Do We Collect?
Direct Interaction: We collect your name and email address when you contact us via anton@raduchits.com.
Automated Collection: We use Google Analytics to collect details of your visit, including IP address, device type, browser version, and website URL.
4.2. Legal Basis for Processing We process your data based on: Consent, when you email us or accept cookies; and Legitimate Interests, to improve our website performance and manage our business relationship with you.
4.3. California Privacy Rights (CCPA) As a California LLC, we comply with the California Consumer Privacy Act. You have the right to request access to the personal information we hold, request its deletion, and opt-out of any automated data collection.
5. COOKIE POLICY
5.1. What are Cookies? Cookies are small text files downloaded to your device.
Strictly Necessary Cookies: Essential for website navigation.
Performance Cookies (Google Analytics): Help us see which projects are most viewed (anonymous).
Functionality Cookies: Remember your preferences (e.g., video volume).
5.2. Controlling Cookies You can block or delete cookies through your browser settings. Note that disabling cookies may affect the playback of high-quality video content on this site.
6. LIABILITY & DISCLAIMERS
6.1. "As Is" Warranty This website and its content are provided on an "AS IS" basis. We make no warranties that the service will be uninterrupted or error-free.
6.2. Limitation of Liability & Cap To the maximum extent permitted by law, RADUCHITS LLC shall not be liable for any indirect, incidental, or consequential loss (including loss of profits). In no event shall our total cumulative liability exceed the total amount actually paid by the Client for the specific project in question.
6.3. Governing Law and Jurisdiction These terms are governed by the laws of the State of California, USA. Any disputes shall be subject to the exclusive jurisdiction of the courts located in California.
6.4. Technical Failures RADUCHITS LLC shall not be held liable for delays caused by third-party software bugs, rendering hardware failures, or cloud service outages. In such events, we will notify the Client immediately and provide a revised timeline.
6.5. Client Material Indemnity The Client warrants that all assets provided to us (music, fonts, logos, footage) are legally licensed. The Client shall indemnify RADUCHITS LLC against any claims or legal fees arising from the use of materials provided by the Client that infringe upon third-party intellectual property rights.
6.6. Governing Law and Jurisdiction: These terms are governed by the laws of the State of California, USA. Any disputes shall be subject to the exclusive jurisdiction of the courts located in California. For international clients, if any provision of these terms is found to be in conflict with mandatory local regulations (such as currency control or accounting laws), the parties agree to interpret such provisions in a way that most closely reflects the original commercial intent while maintaining the supremacy of California law.
7. ARTIFICIAL INTELLIGENCE (AI) POLICY
7.1. Creative Integrity & Human Authorship Unless specifically requested or authorized by the Client in writing, RADUCHITS LLC ensures that the primary creative direction, animation, and core intellectual property of the Work are produced by human artists. This ensures the final deliverables remain eligible for full copyright protection under current U.S. Copyright Office guidelines.
7.2. Auxiliary AI Usage We may utilize AI-based technologies (e.g., Topaz Labs, Adobe Firefly, or specialized denoising/upscaling algorithms) strictly for technical optimization, such as resolution enhancement, rotoscoping assistance, noise reduction, or workflow automation. These tools are used to enhance quality and efficiency without compromising the original creative intent.
7.3. Data Privacy & Non-Training Guarantee RADUCHITS LLC is committed to protecting the Client's proprietary data. We do not use "open" or "public" AI models that ingest Client assets (logos, footage, concepts) into their training sets. We prioritize the use of "walled-garden" or enterprise-grade AI tools that guarantee data privacy and do not use uploaded content to train future models.
7.4. Third-Party AI Rights If the Client requests the use of Generative AI (e.g., Midjourney, Stable Diffusion) for a project, RADUCHITS LLC shall not be held liable for any copyright disputes or inability to register trademarks related to such AI-generated components.
8. ACCESSIBILITY
8.1. Commitment to Inclusivity RADUCHITS LLC is committed to ensuring that its Website and digital content are accessible to individuals with disabilities. We strive to adhere to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards to the best of our technical abilities.
8.2. Media Accessibility As a motion design studio, we recognize that video content can present barriers. We aim to provide high-contrast visuals and, upon specific Client request for project deliverables, can provide closed captioning (CC), transcripts, or audio descriptions to ensure the final product meets ADA (Americans with Disabilities Act) compliance.
8.3. Ongoing Efforts & Limitations Our Website is a dynamic portfolio of high-bandwidth motion graphics. We are constantly working to improve keyboard navigation and screen-reader compatibility. However, due to the visual nature of CG and VFX, some legacy portfolio pieces may not be fully optimized for all assistive technologies.
8.4. Feedback & Grievance Procedure If you encounter any accessibility barriers or have difficulty accessing any part of this Website, please contact us immediately at anton@raduchits.com. We take all feedback seriously and will provide any requested information through alternative, accessible formats within a reasonable timeframe.
8.5. "Safe Harbor" Clause Before initiating any legal action regarding website accessibility, users are requested to notify RADUCHITS LLC of the specific barrier encountered and allow thirty (30) days for us to resolve the issue or provide an accessible alternative.
9. Legal Defense
9.1. Severability: If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a court, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
9.2. Right to Cure (Notice Before Action): Any party (including third-party observers) alleging a deficiency, error, or violation within this Website or these Terms agrees to provide RADUCHITS LLC with a detailed written notice of the alleged issue. RADUCHITS LLC shall have thirty (30) business days to cure, correct, or remove the alleged deficiency. Filing a legal claim without providing this notice and cure period shall be deemed a "bad faith" action.
9.3. Attorney’s Fees: In the event of any litigation arising out of or related to these Terms or the use of this Website, the prevailing party shall be entitled to recover its reasonable attorney’s fees and legal costs.
9.4. No Third-Party Beneficiaries: These Terms are solely for the benefit of the Client and RADUCHITS LLC. No other person or entity (including "legal researchers" or "public interest" litigants) shall have any right to enforce any term or claim damages based on these Terms.
9.5. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
9.6. Assignment & Successors
RADUCHITS LLC reserves the right to assign, transfer, or delegate any of its rights or obligations under these Terms to a successor entity, affiliate, or in connection with a corporate reorganization, merger, change of legal form, or sale of assets. These Terms shall remain binding upon and inure to the benefit of any such successors and permitted assigns. Any such change in the legal entity shall not constitute a breach of contract or a basis for termination of ongoing projects.
10. CONTACT US
If you have questions regarding these terms, please contact:
RADUCHITS LLC
Anton Raduchits
Phone: +1 530-240-5529
Email: anton@raduchits.com
Location: California, USA