Terms & Conditions
Please read these Terms & Conditions carefully before purchasing, accessing or using our website or any of our Subscription Services, Products or Programs.
These terms & conditions are entered into by and between Clients and CreatorsPOV (“Company”, “we” or “us” ). The term “Clients” refers to any purchaser and/or user of any of our Subscription Services, Products and/or Programs.The designated organization CreatorsPOV for the suggested creative works is referred to as the “COMPANY.”
The following guidelines (Terms & Conditions) describe how you may use our website, services, products, programmes, and any materials along with their contents. Kindly carefully read these terms and conditions. We maintain the right to periodically amend these terms and conditions.
By using any of our Subscription Services, Products or Programs you are agreeing to the Terms & Conditions as they appear and are legally bound by them, whether or not you have read them.
In exchange for the initial invoice payment, the COMPANY certifies that it has read and agrees to the terms of service listed below for CreatorsPOV.
1. Services and Pricings
1.1 “Company” provides professional video editing and post-production services, including but not limited to video editing, color correction, audio editing and mixing, animation, and visual effects for projects ranging from commercials and social media content to documentaries and films.Company will provide Client with an upfront estimate of costs for the services based on the scope, length and needs of the project. Client is required to make a 50% deposit before Company initiates work, with the remainder due upon Company’s delivery of the finished product. Rush delivery and revisions requested by Client that are outside the scope of work will incur additional charges. Pricing is in US Dollars and subject to change at Company’s sole discretion.
1.2 Clients are entitled to request two rounds of revisions, to be submitted to the COMPANY within 7 business days after initial receipt of the WORK. There can only be ten change requests in a round. Change requests are categorized as adjustments to the approved storyboard. Whole frame modifications are not considered modifications; rather, they are considered an expansion of the work’s scope. Within seven business days, COMPANY will finish all required adjustments that follow the initial work scope specified throughout the script and storyboard stages. Following these modifications, the work will be deemed finished and definitive. Since the production schedule for the WORK is speculative and based on goals and milestones rather than a literal representation of project delivery, neither Clients nor the COMPANY shall be entitled to additional compensation in the event that the final submission date is later than the suggested sign-off date.
1.3 In the event that the COMPANY is engaged by Clients beyond the rounds of included revisions to perform any act or execute any further work, Clients recognises that the COMPANY must be compensated by $40.00 (US) per hour for each hour or portion thereof spent at the requested by Clients in the performance of required acts.
2. INTELLECTUAL PROPERTY RIGHTS AND ASSIGNMENT
2.1 Subject to complete payment, COMPANY will transfer ownership of the Work to Clients, along with any derivative works created therefrom, worldwide. This transfer of ownership includes all copyright rights, the ability to grant and/or license any portion of these rights to third parties, and all rights pertaining to the Work’s title. The COMPANY consents to refrain from publishing, sharing, or disclosing any part of the work without first obtaining written assent from Clients, along with an explanation of the intended use of the work.
2.2 ClIENT shall retain ownership and rights to all raw footage provided to Company. Company shall retain ownership of the final edited videos, and Company is hereby granted a non-exclusive license to use examples of the finished work for its portfolio and marketing materials. This license shall be revoked if Company and Client mutually agree in writing.
2.3 By this acknowledgement and agreement, COMPANY accepts that the Work will be considered a work for hire to the degree allowed by law, with Clients automatically acquiring the copyright. In the event that the Work is not a work for hire, COMPANY now undertakes to assign to Client all of COMPANY’s rights, title, and interests in the Work, including copyright, and waives any and all “moral rights” in such writings and works.
2.4 To the extent not otherwise specified, COMPANY shall, at any time during or after engagement with
Client, at Client’s request, execute specific assignments in favor of Client (or its nominee) of COMPANY’s interest in the Work and execute all documents, provide all assistance, and carry out all lawful acts that Client deem appropriate or necessary for (a) the filing, preparation, prosecution, issuance, procurement, maintenance, or enforcement of trademarks, copyrights, and other protections, and any applications for any of the aforementioned within the United States or any other country for the Work, and (b) the transfer of any interest COMPANY may have therein. By this agreement, COMPANY designates all of Client officers, both past and present, as its attorneys-in-fact for the duration that each serves as an officer of Client to sign documents for the company in this regard.
3. Revisions
3.1 Company will work in good faith with Client to meet Client’s satisfaction with the final edited product. Minor revisions are typically included following Client’s initial review. Significant changes after approval of the final cut may incur additional charges at Company’s discretion (Mentioned in 1.3).
4. Delivery and Deadlines
4.1 Company will provide estimated delivery dates and project timeline based on the scope and complexity of the project. Company shall not be liable for any delays caused by events outside of its reasonable control. Rush delivery may be requested by Client for an additional fee, subject to Company’s availability.
5. Cancellations and Kill Fees
5.1 The initial deposit (invoice amount) made by the Client to the Company is a non-refundable amount, allocated by the Company toward the pre-production process of the work.
5.2 If Client cancels the project prior to completion, Client shall pay Company for work performed up to the date of cancellation plus a 20% kill fee based on the total projected costs.
5.3 A scheduled video production date may be postponed, suspended, or cancelled by the Client. If any of these options are chosen 48 hours before the planned shoot, the Company will be charged a fair cancellation fee equal to 20% of the project’s total cost, which will be paid by the Client. The aforementioned charge is intended to pay all production-related costs related to the project that were scheduled in advance for the day of production. This covers (but is not limited to): venue, talent for performances, permits, and reservations for outside video equipment.
6. Confidentiality and Complete Agreement
6.1 Company will not disclose any confidential footage or materials provided by Client without Client’s written consent, except to video editors engaged by Company who are working on Client’s project.
6.2 This Agreement comprises all of the parties’ understandings, agreements, discussions, commitments, and other written or verbal communications regarding the subject matter hereof. It also supersedes and annuls any prior understandings, agreements, negotiations, and writings on the subject. Any change, addition, or waiver of any of the terms of this agreement must be made in writing, explicitly referencing it, and bearing the signatures of both parties in order to be enforceable.
7. Limited Liability
7.1 Company’s liability shall not exceed the amount paid by Client under this agreement. Company shall not be liable to Client for any indirect, incidental, consequential or special damages arising from its services or delivery of the finished product.
8. Dispute Resolution and Non-Abuse
8.1 The parties agree to attempt to resolve any disputes amicably and reasonably without formal proceedings. If a dispute cannot be resolved by good faith negotiation, the parties agree to engage a mutually selected mediator.
8.2 If we find that you are not in alignment with our model, violate our core values, or you are abusing our services or team in any way, including using our services for illegal or adult/pornographic purposes, we reserve the right to cancel your account.
Your right to use the CreatorsPOV services shall terminate upon your breach of any term of this Agreement.
9. Contact Information and Headings
9.1 The purpose of the Section headings in this Agreement is merely for convenience; they do not define, limit, extend, or interpret the terms of this Agreement or any specific Section.
9.2 This Agreement may be done in one or more counterparts; each will be considered an original document, but they will all be signed together as a single, cohesive document.
9.3 For further enquiries please contact Company at hello@creatorspov.com with any questions regarding these Terms and Conditions.