Terms of Service
Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting services from Mind Circus Innovations trading as VIDZZY, you agree to our Terms and Conditions and you are aware that you are entering a binding contract – payment is required.
The below conditions have been construed under Indian Law and apply to all individuals, businesses or companies (Client/s) engaging the services of VIDZZY , its contractors, subcontractors and employees (the Company) unless otherwise agreed to in writing by both parties.
General Terms of Service
1. These Terms of service cover all Contracts entered into by a Client with the Company for services relating to animation , video creation , copywriting, visual media and illustrations.
2. These Terms of service are subject to change without notification by the Company.
3. These Terms of service apply to the Company and all of its contractors and subsidiaries.
Original Creative brief , Variations and Guarantee
4. The Company and the Client will attend an initial consultation at no charge to the Client. This can be held via phone or in person. A (Creative brief ) will be constructed through the collection of logos and Video Creations. This will assist in the evaluation and formulation of the Client’s business video requirements.
5. If no delivery date for final Animated Video is decided upon and noted during the initial consultation, payment will be required at the time/s detailed in clause (11); the length of time between consultation and delivery of final Animated Video will have no effect on the requirement to remit funds on invoicing.
6. The Company does not offer a set number of revisions to Animated Video under the original Creative brief .
7. The Company will not charge for additional revisions of Animated Video provided that the Client’s requests for revision conform to the original Creative brief and are communicated within the agreed timeline (if provided).
8. Any additional work, revisions or variations outside of the original Creative brief will be charged at the rate of $1000 per minute, billed in 1 minute increments. All prices exclude GST. Additional expenses will be charged accordingly.
Quotations
9. Quotations are generated by the Company on the basis of the Creative brief and expected time investment. Quotations may be subject to change if additional work is required.
10. All time quotations are an estimate and are based on calendar working (business) days. No quoted Animated Video delivery dates are guaranteed and can vary.
Payment
11. The Company reserves the right to request a deposit from the Client prior to starting work on their project or Artwork. If a deposit is requested by the Company, an invoice will be generated and delivered to client via email and payment is expected. By remitting deposit funds to the Company, the Client is accepting the Terms and Conditions and entering a contract with the Company.
12. If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Company.
13. The Company will invoice the Client for the remaining cost of the Animated Videoand associated services prior to the commencement of web site construction or printing. The Company reserves the right to not proceed with these services until payment has been received in full from the Client.
14. The Company reserves the right to invoice prior to the time detailed in clause (11) if the Client has been uncontactable / unresponsive for more than 30 days
15. The Company reserves the right to invoice for work completed if the project exceeds 60 days.
16. The Client reserves the right to request a payment plan which may be accepted by the Company at its discretion. All payment plans must be agreed to both parties in writing.
17. All prices quoted on the Company’s web site and advertising material include delivery and exclude GST.
18. All payments are to be made within 30 days of invoicing.
19. The Company is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.
20. The Company reserves the right to delete web sites with accounts more than 90 days outstanding payment.
Cancellation and Variation Policy
21. The Company reserves the right to charge additional costs if the Client requests amendments to the original Creative brief , the original project outcome is altered or further Animated Video is requested – refer clause (5).
22. If the Client requests the cancellation of a Contract, The Company will determine the cost of Animated Video and services provided. The Client will be invoiced this amount minus any deposits paid on the project to date.
a) If the determined monies payable is less than the deposit paid, a refund will be issued by the Company to the Client for the difference.
23. The Company will declare a project completed if no response is received from Client within 30 days of providing a concept Animated Video and this Animated Video will be determined as the final accepted Artwork. The Company will then invoice the Client for final payment of total project and non-payment will result in collection processes. Legal action may also be taken by the Company to recover all monies owed.
Approving Proofs/ Video Creations/
24. The Client is held responsible for approving all Animated Video proofs and ensuring accuracy and suitability. This includes, but is not limited to; Video Creation, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.
a) The Client’s final accepted proof is the Animated Video that will be submitted for publishing.You shall indemnify the Company, its directors and representatives from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to provision of Materials, use of Services by you or anyone else, or otherwise arising.
Limitation of liability
25. The Client agrees and accepts that The Company is not legally responsible for any loss or damage suffered or incurred related to use of any of The Company's services, whether from amendments, errors or omissions in documents, Video Creations, information or any goods or services offered by The Company. This includes the Clients use or reliance on any third party content, links, comments or advertisements. The Clients use of, or reliance on, any information or materials The Company produces, amends or Video Creations is entirely at your own risk, for which we shall not be liable.
26. It shall be the clients own responsibility to ensure that any products, services or information you use meet their specific requirements.
27. The Client acknowledges that such information and materials may contain inaccuracies or errors and expressly exclude liability of The Company for any such inaccuracies or errors to the fullest extent permitted by law.
Submission of Client artwork
28. Clients who choose to submit their own Artwork, files and/or images are solely responsible for the end result of printing. Customers are reminded to submit print-ready Animated Videowith the correct specifications. We will print the Client’s submission as requested however the Company is not responsible for Animated Video mistakes. The Company is also not liable for supplied file errors. There will be no recreation of content at our expense.
29. It is the Client’s responsibility to ensure that any Artwork, images, files and text submitted does not violate Indian copyright laws. The Company and its contractors assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.
Copyright
30. Ownership of copyright over all concepts and draft Animated Video remains with the Company. This includes, but is not limited to; logos, symbols, compositions and copy. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Animated Video prior to payment is illegal.The copyright is transferred to the client after all due payments are made.
31. For more information visit http://copyright.gov.in/ for more information
32. Animated Video will remain the property of the Company until account is paid in full. Upon full payment of account, copyright ownership will be transferred to the Client. The Company and their Video Creationers retain rights to utilise Animated Video and all Video Creation elements for portfolio/self-promotion.
33. The Company does not take any responsibility for Trade marking of any kind. It is the clients responsibility to check trade marking laws and existing Trademarks for availability.
Video Hosting
34. Hosting Transfer will not commence until full payment for Animated Video and print services is received. The current turnaround time for printing is 5-10 working days dependant on the video type. This period commences at date of Client approval of Animated Video proof and payment.
35. All time quotations are an estimate and are based on calendar working (business) days.
Delivery
36. The Client agrees to allow the Company to add a small credit on the customer’s Animated Video. This will be in the form of a small line of text placed towards the bottom of the page.
37. The Client also agrees to allow the Company to place Animated Videos and other Video Creations, along with a link to the Client’s site on the Company’s own Animated Video for self-promotional purposes., unless agreed to by both parties in writing beforehand.
Animated Video Content Post-Completion Alterations
38. Upon completion of animated video, the Company will provide the Client with opportunity to review the resulting work. The Company will make one set of minor changes at no extra cost within 14 days of submission to Client for review (‘review period’).
39. Minor changes include small textual changes and small adjustments to placement of items on the page. Minor changes do not include alteration or replacement of images, colour schemes or any navigation features.
40.The Company can be notified of any minor requested changes by e-mail. The Company will consider that the Client has accepted the original draft if no notification of changes is received in writing from the Client within 14 days of the start of the review period.
Indemnity
41. To extent permitted by law, the Company, its directors and employees hereby expressly exclude: (a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; (b), any liability for loss of income or revenue; loss or interruption of business; loss of uptime; loss of profits; loss of or damage to software; loss of anticipated savings; loss of data; loss of goodwill; wasted management; or any liability for any direct, indirect or consequential loss or damage incurred by you or any end user in connection with Services, or use of Services; and (c) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. You shall indemnify the Company, its directors and representatives from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to provision of Materials or Site Software, use of Services or Site by you or anyone else, or otherwise arising.
Animated Video Content Management Systems
42. Animated Video are delivered in an agreed working order. Any changes to the working files of the Animated Video that are done by a third party are the responsibility of the client .
43. Animated Videos are built using the latest software available at the time.
44. The Company does not hold any responsibility for use or misuse of the Animated Video.
45. The Company does not back up animated video content and cannot be held liable for partial or complete loss of data. It is the Client’s responsibility to back up their video content.
46. The Company shall not be liable for any failure or delay in supply or delivery of Animated Video or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Company including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.