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Terms and Conditions

Faceware - General Terms and Conditions

General

  • Quote is valid 90 days from the original sent date.
  • All quotes are based on payment in full prior to services rendered, session scheduled, or delivery, unless otherwise stated in the quote itself and confirmed by Faceware.
  • Delivery Method: Your purchase order, once executed, contains downloadable software. Software may be delivered via USB dongle(s) for an added fee.
  • Duties and taxes will be billed separately.
  • All services are provided under FTI's general business terms and conditions, unless a separate Master Service Agreement is in place between FTI and Customer.
  • Software support and Camera Warranties are included for the first year and can be renewed or extended every 12 months.
  • Any commercially released product or title that is known to have been produced with the aid of licensed software is subject to post-release promotion on FTI print and online materials, including cover art and publicly released still- frames and videos.
  • Publicly announced and released materials associated with this agreement may be promoted on FTI website and marketing material.
  • Due to supply chain shortages, FTI may include a refurbished, demo unit, or pre-owned digital video recorder. In the event such a recorder is included, a one time discount of $350 will be applied to the first year warranty renewal.
  • FTI ships worldwide via FedEx, UPS and DHL. Use of any other carriers cannot be accommodated. Local pick up by freight forwarders may be permitted; there is a fee to prep for alternate shipper pickup.

Disclaimer: Notice of frequency limitation.

Bolt 6 radios are calibrated and tested to support operation in the U-NII-5 (5.925–6.425GHz) frequencies. Although theproduct and its internal radios support these additional frequencies vs. previous Bolt products, regulatory restrictions mean that U-NII-5 operation is allowed only in the regions where it has been cleared for use. Customer is responsible to make sure specific frequency use is in compliance with their country’s regulatory laws. As different regions approve U-NII-5 for unlicensed operation, Teradek will release firmware updates to enable the additional frequencies.

LIMITATION OF LIABILITY

Except to the extent any liability, losses or damages are due to Faceware’s gross negligence, willful misconduct or breach of this Agreement, in no event shall Faceware (or its affiliates, licensors or suppliers) have any liability, and Customer hereby releases Faceware (and its affiliates, licensors and suppliers) from and for any losses or damages, whether direct, indirect, special, incidental or consequential, arising from this Sale, any of Faceware’s EULAs or the Agreement, whether arising in tort (including negligence), contract or otherwise, including, without limitation, damages resulting from loss of profits, data or business.

INDEMNIFICATION

Customer will defend and hold harmless Faceware and its respective directors, officers, employees, contractors, affiliates and agents (collectively, “Faceware Indemnitees”) from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), and claims (groundless or otherwise) (“Claims”), and indemnify the Faceware Indemnitees for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees, expert witnesses’ costs and fees, costs, penalties, interest and disbursements) arising from or relating to any Claim (including third-party claims) against any Faceware Indemnitees by users of Third Party Licenses.

Supervision Services

  • All labor rates including supervision and PA service are quoted and based on U.S. Labor laws and accepted practices of an 8-hour workday, 5-day week.
  • Hours worked beyond 8 hours in a given 24 hour period will be billed as Overtime at $150/hr
  • Hours worked beyond 12 hours in a given 24 hour period will be billed as Double Overtime at $300/hr
  • Transportation days are billable for personnel and equipment.

​Equipment Rentals

  • All rentals require a Certificate of Insurance naming Faceware Technologies, Inc. as "loss payee" and “additional insured” for equipment value of $100,000 USD and liability coverage of no less than $1,000,000 USD.
  • If Certificate of Insurance cannot be provided then a personal guarantee and/or rental deposit covering all rental equipment may be required.
  • Once equipment is returned, it is evaluated. Additional billing will occur for damage or missing components.

​Cancellation

  • Orders canceled after contract signature and payment are subject to an administrative / cancellation / restocking fee of 5% of the order.

Please keep a PDF copy of this online quote. The quote may be downloaded after it is signed.

Faceware - Payment Terms and Conditions

​General Payments

  • FTI services and products are provided in US Dollars. Payment received by FTI must match the USD amount on the invoice.
  • Faceware accepts electronic payments only. These include ACH, Wire transfer, Credit Card, Paypal, and Zelle. Cash and Check payments are not accepted.
  • All payments made by credit card are subject to a 4.5% processing service charge which will be added to the invoice.
  • A wire fee of $35 USD must be included for each wire payment.
  • ACH payments have no additional fee.
  • Any bank fees related to payment are payable by Customer.
  • All items sold within the US are subject to State Sales Tax.

Sales Tax Exemption

  • This order may be subject to sales tax.
  • A resale or tax-exempt certificate must be provided before a quote can be revised to remove sales tax. This must be done prior to Customer acceptance; otherwise, the Customer agrees to pay the legally required sales tax as indicated on the quotation.
  • Once the Order Confirmation email and Pro-Forma Invoice are sent by Faceware, sales tax billed is remitted to the state and is due to Faceware by the Customer.
  • Any refunds of sales tax must be requested by the Customer directly to the State. Faceware does not process changes or credits to sales tax once the quote is signed by the Customer.

Software Orders

  • 100% of purchase order is due at the execution of contract and prior to license delivery.
  • 100% of Custom Development is due upon execution of contract.

Hardware, Camera, and Rental Orders

  • 50% of purchase order is due at the execution of the contract.
  • Balance of purchase order is due prior to completion and shipment.
  • For purchase orders less than $7,500 USD, 100% of purchase order is due upon receipt of invoice.
  • 100% of Custom Development is due upon execution of contract
Faceware - Software Support Terms and Conditions

All Faceware software includes active FTI Support for the first 12 months of ownership.

Support includes

  • Access to current and past software builds online
  • Compatibility updates with new releases of external programs utilized by Faceware software, such as Maya, MotionBuilder, 3DS Max, and Unity.
  • Reissuance of permanent licenses in the event of workstation upgrade, changed server, or lost machine. Annual licenses only 1 reissuance per year.
  • Permanent license transfer between two machines
  • Access to qualified Faceware Support Team for any questions/help on character, pipeline, and software guidance -- support via online ticketing system.
  • Free access to incremental version updates (e.g. Live 2.5, 2.6, etc.)
  • Discounts on major upgrades - from Retargeter 5.0 to 6.0, etc.

Faceware Perpetual Software Licenses may be renewed after the first 12 months to keep owned software current.

  • Failure to renew software support will maintain software functionality, but result in loss of benefits including:
    • Access to latest and previous software builds online
    • Ability to upgrade to latest compatible version (Maya 2021, Unreal 4.25, etc)
    • Ability to move, transfer or re-issue licenses for any reason
    • Access to Faceware support ticketing system
  • Support contracts should be maintained continuously.
  • In the event that a support contract has lapsed, Renewal orders may cover any lapsed periods in coverage.
  • Renewal of any lapsed contract is only available on currently supported products.
  • In the event that the coverage lapse is longer than six (6) months, an additional reinstatement fee of 50% of the support contract annual amount must be paid in order to allow the support renewal, over and above the requirement to back-date to the prior expiration.
  • Support that lapses beyond 6 months will renew under the most current pricing rates.
  • Additionally, the term of the renewal contract must be 12 months from the reinstatement date, so an additional co- term amount will be added to the renewal.
  • The reinstatement fee is a one-time, nonrefundable fee, and does not apply to the purchase of the support services contract. Service contract reinstatement fees depend on the specific products.

Indie License Eligibility

Please read the terms below to understand if you are eligible to purchase an Indie License. If you are not eligible, you must purchase a standard Professional License. To be eligible:

  • Your annual gross revenues and/or funding cannot exceed $100,000 USD, regardless of whether or not you're working on commercial work or doing an evaluation/prototyping
  • You are not providing work to a third party/project with revenues exceeding $100,000 USD
  • You do not already own a Professional License of any Faceware Products
  • You have read and acknowledged the End User License Agreement

If your eligibility changes during the term of the license, you are obligated to contact us and upgrade your license.

For a complete list of Frequently Asked Questions about Indie Pricing and the Indie License, please visit the Indie License FAQ on our Knowledge Base.

No-Charge Hassle-Free Camera Warranty and Additional Benefit

Limited Warranty & Repair Policy

Faceware Technologies, Inc. warrants to the original consumer or other end user that these products, the Mark IV Wireless Headcam System and Indie GoPro Headcam System, are free from defects in materials and workmanship for a period of one year from the date of purchase.

During the limited warranty period, and upon proof of purchase (in the form of product registration or packing slip / invoice), this product will be repaired or replaced at our option, without charge.

This warranty shall be voided if the product is modified, tampered with, misused, or subjected to abnormal working conditions. This warranty does not apply when the malfunction results from the use of this product in conjunction with accessories, other products, or peripheral equipment.

Repair or replacement as provided under this warranty is the exclusive remedy of the purchaser. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF FITNESS OR SUITABILITY FOR A PARTICULAR USE OR PURPOSE, AND FACEWARE TECHNOLOGIES, INC. SHALL IN NO EVENT BE LIABLE TO PURCHASER FOR INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR CHARACTER. Some states do not allow the exclusion or limitation or incidental or consequential damages or allow limitations on how long an implied warranty lasts, so the above limitations and exclusions may not apply to you.

ANY USE OF THE FACEWARE SYSTEMS FOR PURPOSES OTHER THAN THOSE EXPRESSLY PROMOTED BY FACEWARE OR ANY DISASSEMBLY OR MODIFICATION OF THE FACEWARE HARDWARE OR SOFTWARE WILL VOID THIS AND ANY OTHER WARRANTY OR RETURN RIGHTS.

Repair Policy

When Faceware receives the product, it will determine whether the product can be repaired or needs to be replaced. If the product is not covered by the warranty due to misuse, damage caused by the end user and/or is outside the warranty period, it can be subject to repair fees.

Extended Warranty

For Mark IV Headcam Systems and Indie Headcam Systems, the Limited Warranty may be extended on an annual basis at the quoted rate on the original Purchase Order. Extended Warranties will contain all benefits listed above, including no cost repairs or replacements of all items. There is NO LIMIT on the number of years the Warranty may be extended. The first warranty renewal notice will be sent 60 days prior to expiration.

Additional Warranty Benefit

If Mark IV Headcam System Limited Warranty is extended on an annual basis via hardware support contract with Faceware, customer will receive a package of maintenance and upgrade components for each Mark IV system owned in order to maintain proper functionality and upkeep. Items included will be at Faceware team's discretion, and include, but will not be limited to, batteries, velcro straps, miscellaneous screws and bolts, lenses, etc.

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