PixelGenio terms and conditions
(“you” “your” or the “Client”) are engaging PixelGenio Design Services (“us”, “we” or “PixelGenio”) as an independent contractor for creating a video and related services (the ”Services”). In consideration of the mutual obligations specified in this Video Services Agreement (the “Agreement”), the parties, intending to be legally bound hereby, agree to the provisions of this Agreement.
1. Duration of video
If the final video exceeds estimated/agreed duration, additional seconds will be billed at the rate of 25usd per sec for the first 10sec. After 10sec the video will move to the next 30 sec slab. For example if you originally approached us for a 60 sec video but the final duration of the video reached is 71sec, you will be charged for a 90sec package.
2. Time line
PixelGenio will try it’s best to maintain deadlines as initially agreed. However PixelGenio will not take any legal responsibility under any circumstances for missing deadlines.
3. Feedback
We request feedback within 1 business day of sending update. If feedback is delayed delivery timelines will be delayed accordingly. Timelines may also be delayed depending on the number of iterations and complexity of feedback exchange process.
4. Revisions
a) PixelGenio will provide the specified number of revisions as agreed within package guidelines. Any additional round of revision will be charged extra at the rate of 25 USD per hour.
b) After the voiceover has been recorded, you may request changes to the tone, emphasis or pronunciation. However, changes to the voiceover script will be charged extra depending on the amount of edits.
c) Once a milestone is approved, any further revisions will be considered as rework and will be charged extra depending on the amount of rework.
5. Scope
The scope of any project lies in the limitations as specified in the selected package. Request you to carefully read and understand the limitations of your package.
6. Final Payment and Delivery
Once you have approved the video produced by PixelGenio, we will issue a final invoice for the Services relating to the project. The final invoice will include the remaining balance of the total initial price. This price is subject to adjustment upwards for any agreed upon increase in scope. The final invoice will be due and payable upon receipt. Once you have paid the final invoice (and any other outstanding invoices), we will deliver the final video file to you in .MOV or .MP4 format (or such other format as agreed on).
7. Intellectual Property
a) PixelGenio assigns to the Client all right, title and interests to all of its copyrights in the video produced by PixelGenio pursuant to the Services, effective upon payment by the Client of the final invoice (and any other outstanding invoices) issued by PixelGenio. Client is not allowed to resell video or make editing changes without written consent from PixelGenio. PixelGenio makes no ownership claim with respect to any copyrighted materials, trademarks, trade secrets or other intellectual property supplied by the Client to PixelGenio for purposes of the Services.
b) Pursuant to paragraph (a), PixelGenio reserves the right to display the delivered work, portions of the work, artwork & graphics in the company portfolio, as well as use them for promotional purposes and on social networking unless otherwise an NDA is demanded before the commencement of the project. The NDA may incur an additional cost depending on the limitations proposed by the client.
c) The Client represents, warrants, and covenants that any text, graphics,
sound, video, photos, designs, trademarks, service marks, or other artwork (each, an “element”) furnished to PixelGenio for inclusion in a video or other project are owned by the Client or that the Client has all rights necessary for PixelGenio to incorporate any such element in any videos or other product of the Services. The Client will hold harmless, protect, indemnify and defend PixelGenio, its subcontractors, officers, directors, owners, employees, agents, representatives, and affiliates from any and all liability, damages, costs, or expenses (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements by PixelGenio or the inclusion of such elements in any video or other product of the Services.
d) Subject to the rights granted to the Client or expressly retained by the Client pursuant to paragraph (1) above, PixelGenio will retain all intellectual property rights, including copyrights, ideas, trademark rights, and service mark rights, in any materials created by PixelGenio or its subcontractors in connection with the Services. For the avoidance of doubt, PixelGenio has no obligation to deliver, and grants no rights in, any rejected designs, documentation, illustrations, raw video and project files and audio/verbal scripts, including preliminary concepts, accepted or rejected elements, works in progress, and finished materials which have been created or furnished by PixelGenio during the course of providing Services.
e) The Services do not normally include the collection or delivery of source files for individual components or elements included in the final video produced by PixelGenio for the Client. If the Client requests delivery of those files, PixelGenio reserves the right to condition delivery on the Client’s payment of PixelGenio’s fees and expenses on a time and materials basis, which may include charges from PixelGenio’s subcontractors. The Client’s use of any individual components or elements (e.g., stock photos) may be subject to third party license restrictions. The Client acknowledges that its rights in any such individual components or elements will be subject to the third party license restrictions.
8. Limitation of Liability
a) PixelGenio’s aggregate liability on all claims of any kind, whether based on contract, indemnity, warranty, tort (including negligence), strict liability, or otherwise, for all losses or damages arising out of or relating to this Agreement or Services will in no case exceed the fees actually paid to PixelGenio under this Agreement.
b) In no event, whether based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise will PixelGenio, its subcontractors, officers, directors, owners, employees, agents, representatives and affiliates be liable for special, incidental, exemplary, punitive, consequential, or indirect damages, including without limitation lost sales or profits. The foregoing limitations and disclaimers will apply irrespective of whether the possibility of such damages has been disclosed to PixelGenio in advance or could have reasonably been foreseen by PixelGenio.
By using our website and services it is assumed that you have carefully read and understood our Terms & Conditions and thereby you also agree to the same.
We thrive to provide you professional quality of services through definitive and transparent guidelines.