Terms & Conditions

Specification
Unless otherwise agreed the following constitutes the specification for each video package offered by Mooviemakers.

 

Typography Video – An animated video comprising solely of animated text.  Transitions and effects may be applied.  This package does not include any animation or bespoke graphics beyond text.

 

Web Demo Video – A screencast style video comprising of recorded graphics of the website screen and static screenshots. Basic transitions and effects may be applied

(e.g. cross dissolve and positional movement). Text titles and supplied graphics may also be used. This package does not include any animation or bespoke graphics. Additional charges apply for stock imagery or purchased items to be used in the video if requested by the Buyer.

 

App Demo Video – A screencast style video comprising of recorded graphics of the mobile screen and static screenshots. Basic transitions and effects may be applied (e.g. cross dissolve and positional movement). Text titles and supplied graphics may also be used. This package does not include any animation or bespoke graphics. Additional charges apply for stock imagery or purchased items to be used in the video if requested by the Buyer.

 

Custom Animation – An animated video comprising of illustrations, recorded graphics of the website screen and static screenshots.  Transitions and effects may be applied. The package includes animation of illustrations to show movement of the graphics. Text titles and supplied graphics may also be used.

 

Character Animation – An animated video comprising of illustrations, recorded graphics of the website screen and static screenshots. This video also includes the illustration and animation of characters. Transitions and effects may be applied. The package includes animation of illustrations to show movement of the graphics. Text titles and supplied graphics may also be used.

 

All packages – All packages include the following:
Script writing – A script will be written conforming to your brief and any additional research Mooviemakers complete. Mooviemakers will make unlimited amendments until you are happy with the script. Once your written approval on the script is received any further amendments may be chargeable.

 

Voice over – A voice over will be provided at up to 1 minutes in duration per minute of animation purchased. The voice over will be of professional quality. The voice over will be the exact text read from the copy of the script signed off by the client. Any additional recordings may incur an extra charge.

 

Music – Royalty free music will be provided to conform with your brief and the video style. Music will initially be provided in a watermarked form. Once a client has signed off the video a final version will be provided with non-watermarked full quality music. The music may not be used for any purpose other than the video it is provided on. If music needs to be changed following sign off of the video an extra charge may apply.

 

Amendments – Unlimited rounds of revisions to video proofs are included.  Any amendments that require changes to the script and/or the voice over may be chargeable.

 

  1. Turnaround
    Mooviemakers aim to work to fixed turnarounds where possible. Although this may not be possible due to the varying nature of job requirements. Mooviemakers will make every effort to meet the deadlines below:

 

Initial script writing process – 3 working days (commencing from the date of confirmed order/brief whichever is later).

 

Video production – Initial proofs within 5 working days for Typography, Website Demo and App Demo videos, 8 working days for Custom Animation and Character Animation videos (commencing from the date of Script / Voice over sign off, whichever is later).

This point may be longer for Custom Animation and Character Animation videos and will be agreed with the client.  Amendments will be completed within 3 working days per round of amendments.

 

Should there be a variation in these turnaround times Mooviemakers will notify the client in the Project Management System or the clients preferred method of communication.

 

  1. Pricing
    Mooviemakers reserves the right to increase or decrease prices at any time and without warning. Existing customers will be eligible to receive Mooviemakers previous pricing for a period of 1 month following the price change. Mooviemakers reserve the right to offer discounts and special offers to select groups of customers only.

 

  1. License

All Mooviemakers videos come with the following licence:
Unlimited use, non-exclusive licence.
This means that you can use the video as you like through any number of mediums and with an unlimited number of views. You own the video in it’s entirety. The content within the video is non-exclusive meaning we may re-use elements, characters, props or animations in other videos without restriction.

 

  1. Copyright

5.1 The graphics and images supplied by Mooviemakers will always be royalty free. Mooviemakers does not take any responsibility for images, content or graphics provided or specifically requested by a client.

 

5.2 Mooviemakers retain ownership of all products until full payment for all services including, but not limited to, scripts, voice overs, storyboards, graphic design and animation, has been received.

 

5.3 Mooviemakers will hold any footage, graphics and assets relating to the project for 12 months after their creation unless otherwise agreed. If storage is required beyond 12 months this must be discussed prior to the end date. Mooviemakers may delete any footage or assets.

 

General Terms & Conditions

  1. Application
    1.1 These Terms and Conditions shall apply to the purchase of the goods detailed in the order brief (“Goods”) by you (“Buyer”) from Mooviemakers (“Seller”) and to the payment for the goods. No other terms and conditions shall apply to the sale of the Goods unless agreed upon in writing between the Buyer and Seller. Email address info@mooviemakers.co.uk

 

  1. Interpretation
    2.1 A “business day” means any day other than a Saturday, Sunday or a UK public holiday.
    2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
    2.3 Words imparting the singular number shall include the plural and vice-versa.

 

  1. Goods
    3.1 The description of the Goods are as set out on the Mooviemakers website on each products individual page and on the pricing page. In accepting the order, the Buyer has acknowledged that it does not rely on any other representations regarding the Goods save for those made in writing by the Seller. No descriptions of the Goods set out on the Mooviemakers website shall be binding on the Seller and are intended as a guide only.
    3.2 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.

 

  1. Price
    4.1 Subject to sub-Clause 3 and 4.2, the price (“Price”) of the Goods shall be that detailed in the project details page, accepted by the Buyer.
    4.2 Any increase in the cost of the Goods to the Seller due to any factor beyond the Seller’s control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, shall be reflected on the project page in accordance with the Sellers right to increase the Price prior to delivery.
    4.3 The Price is inclusive of fees for digital delivery.
    4.4 The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

 

  1. Basis of Sale
    5.1 The quotation constitutes written acceptance and confirmation by the Seller of the Buyer’s order for the Goods.
    5.2 The quotation is a contractual offer to sell the Goods which the Buyer has accepted. The Seller and the Buyer have entered into a contract for the sale of the Goods.

 

  1. Payment
    6.1 At the time of the customer’s written confirmation to place an order, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Mooviemakers has received this amount.

6.2 Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project total will be due upon completion of the work prior to the release of materials.

6.3 Payments may be made by online transfer, PayPal or previously agreed electronic funds transfer.
6.4 If the Buyer fails to make payment within the period in sub-Clause 6.1, the Seller shall suspend any further deliveries to the Buyer and charge the Buyer interest at the rate of 20% per annum above the Bank of England base rate from time to time on the amount outstanding until payment is received in full.

6.5 Interest will accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment.
6.6 Time for payment is of the essence of the Contract between the Seller and the Buyer.
6.7 All payments must be made in Pounds Sterling unless otherwise agreed in writing between the Seller and the Buyer.

6.8 Projects will be deemed approved if no feedback is received within 30 days of the last proof.  At this point the full amount of the remaining balance becomes due and payable.

6.9 An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Mooviemakers shall be considered entitled to remove Mooviemakers and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, scripts, voice overs, storyboards, graphic design and animation.  Mooviemakers also reserves the right to enforce Copyright restrictions on video content uploaded to video hosting sites including, but not limited to, YouTube, Vimeo, Facebook, Twitter, until all unpaid monies due for services has been received.
Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Mooviemakers reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

7.0 – Video proofs will be supplied in a watermarked version until all unpaid monies due for services including, but not limited to, scripts, voice overs, storyboards, graphic design and animation, has been received.

 

 

  1. Delivery
    The Seller will deliver the Goods to the Buyer within the timescale agreed on the project details page.

 

  1. Inspection of Goods
    8.1 The Buyer is under a duty to inspect the Goods on delivery.
    8.2 If the Buyer identifies any errors or shortages it must inform the Seller in writing within 1 week of delivery, providing details of the alleged error or shortage. The Seller shall not be liable if the Buyer fails to provide such notice.
    8.3 Subject to the Buyer’s compliance with this Clause 8 and the Seller’s agreement with any alleged damage or shortages, the Seller shall make good any and all errors and shortages within a reasonable time, within the original project brief.
    8.4 The Seller shall be under no liability for and shall not indemnify the Buyer against any matters arising from errors or shortages.

 

  1. Returns
    9.1 Goods may not be returned without the prior written agreement of the Seller.
    9.2 The Seller agrees to provide the Buyer with a replacement should the goods be defective. The replacement will be a working copy of the same goods that were originally provided to the Buyer.
    9.3 If a refund is provided to the Buyer then the Buyer agrees not to use the goods in any form.

 

  1. Risk and Title
    10.1 Risk of damage to or loss of the Goods shall pass to the Buyer either when the Goods are delivered to the Buyer.
    10.2 If the Buyer wrongfully fails to take delivery of the Goods, risk shall pass to the Buyer at the time when the Seller has tendered delivery of the Goods.
    10.3 Legal and beneficial title in the Goods shall not pass to the Buyer until the Seller has received, in cash or cleared funds, payment in full of the Price.
    10.4 The Seller reserves the right to repossess any Goods in which the Seller retains legal and beneficial title if full payment is not received in accordance with Clause 6. In the event of such repossession the Buyer should refrain from using the goods in any form.
    10.5 The Buyer’s right to possession and use of the Goods in which the Seller retains legal and beneficial title shall terminate if:
    (a) the Buyer commits a material breach of its obligations under these Terms and Conditions;
    (b) the Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;
    (c) the Buyer enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
    (d) the Buyer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Buyer, notice of intention to appoint an administrator is given by the Buyer or any of its directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer.

 

  1. Rights, Warranties and Liability
    11.1 Subject to these Terms and Conditions and except where the Buyer is purchasing the Goods as a consumer, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
    11.2 The Seller shall not be liable for any loss or damages of any nature, direct or indirect, including any loss of profits or consequential damages suffered or incurred by the Buyer for whatever reason.
    11.3 The exclusions of liability contained within this Clause 11 shall not exclude or limit the liability of the Seller:
    (a) for death or personal injury caused by the Seller’s negligence;
    (b) for any matter for which it would be illegal for the Seller to exclude or limit its liability; and
    (c) for fraud or fraudulent misrepresentation.

 

  1. Communications
    12.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
    12.2 Notices shall be deemed to have been duly given:
    (a) when delivered, if delivered during the normal business hours of the recipient;
    (b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
    12.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.

 

  1. Force Majeure
    Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

 

  1. No Waiver
    No waiver by the Seller of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

 

  1. Severance
    In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).

 

  1. Law and Jurisdiction
    16.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
    16.2 Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

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