Website & Video Production Terms of Service
1. Your Acceptance
2. Vidify Website
3. Website Access
Vidify hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, non commercial use; (ii) you will not copy or distribute any part of the Website in any medium without Vidify's prior written authorization; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service and will not use the Website in violation of the law or these terms of service.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Vidify servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Vidify grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Vidify reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
4. Right to Refuse Services:
Vidify reserves the right to refuse anyone from making a purchase from Vidify. Vidify will provide a reason as to why the service might be refused, such as if there is a concern regarding breach of copyright of materials or inappropriate content. Further explanation of copyright breaches can be referred to in the Terms and Conditions available on the website.
5. Custom Video Production & Delivery Policy
Vidify must receive full payment for the Custom video service prior to the commencement of the production of the video production service. Once payment has been received, the customer will be sent an electronic confirmation and will be contacted by telephone within 2 working days to confirm a date and time for the video shoot. Once the video has been shot, Vidify will provide a first edit for review within 7 working days, unless otherwise communicated. Once approved by the client, the final edit of the custom video file is converted to .MOV or MP4 format and made available to the customer for online download within 7 working days from the date of approval, unless otherwise communicated by Vidify. Once the customer downloads the video file, our records are updated and a record of purchase is kept in case the customer wishes to request the video file at a later date. Once requested by the customer, Vidify will verify the request and either send a new URL link making the video file available for online download or reject the request providing a reason why. Please see our previous paragraph on “Right to refuse services” for further explanation. At any stage, if a customer is experiencing problems in downloading the video file, they can contact Vidify support via our contact details firstname.lastname@example.org or our phone number listed on the website.
6. Premium Video Production & Delivery Policy
Vidify must receive an upfront deposit payment equivalent to at least 50% of the quoted price for the Premium video service prior to the commencement of the video production service. Once the deposit payment has been received, the customer will be sent an electronic confirmation and will be contacted by telephone within 2 working days to confirm a date and time for their face-to-face consultation with Vidify. Once the video has been shot, Vidify will provide a first edit for review within 10 working days, unless otherwise communicated Once approved by the client, the final edit of the Premium video file is converted to .MOV or MP4 format and made available to the customer for online download within 7 working days from the date of approval, unless otherwise communicated by Vidify. The customer will also receive a full HD version of their final edited video either by online download and a full resolution DVD copy posted to the customers registered office address, unless otherwise communicated by Vidify. Once the customer downloads the video files, our records are updated and a record of purchase is kept in case the customer wishes to request the video file at a later date. Once requested, Vidify will verify the request and either send a new URL link making the video file available for online download or reject the request providing a reason why. Please see our previous paragraph on “Right to refuse services” for further explanation. At any stage, if a customer is experiencing problems in downloading the video file, they can contact Vidify support via our contact details email@example.com or our phone number listed on the website.
7. Payment Terms
Payment for our video production services can be made via Mastercard, Bankcard or Visa. We do not accept methods of payment that are not online transactions such as personal cheques, postal money orders or cash.
For the Vidify Custom Video service, Vidify must receive full payment on the quoted price prior to the commencement of the production of the video production service. Once payment has been received, the customer will be sent an electronic confirmation and will be contacted by telephone within 2 working days to confirm a date and time for the video shoot.
For the Vidify Premium Video service, Vidify must receive an upfront payment equivalent to at least 50% of the quoted price prior to the commencement of the video production service. Once part payment has been received, the customer will be sent an electronic confirmation and will be contacted by telephone within 2 working days to confirm a date and time for their face-to-face consultation with Vidify.
8. Cancellation & Refund Policy
If a customer wishes to make a change to a Custom or Premium video appointment, Vidify must receive a minimum of 24 hours notice either by email to firstname.lastname@example.org or by phone on the number listed on our website. Requested reschedule or cancellation of a custom video shoot within 24 hours of the scheduled appointment will result in an administration fee of £150.00 payable by the customer to Vidify. Requested reschedule or cancellation of a Premium video shoot within 24 hrs will result in an administration fee of £250.00 payable by the customer to Vidify. A reschedule fee is payable upon receipt and must be paid by the customer to Vidify before the date of agreed reschedule.
Vidify DO NOT issue refunds after the video has been approved by the customer and delivered to the end user, who is responsible for understanding the terms and conditions upon purchasing from Vidify However if a customer finds a technical or grammatical error in their video, they can contact us at email@example.com and we will rectify any errors and provide the corrected video file to the customer within 72 hours. The notification of error in relation to a Vidify video needs to be made by the customer within 1 weeks of receipt of the video file. Any further queries can be submitted and will be answered at Vidify’s discretion. All Vidify videos are shot, edited and delivered are delivered with published guidelines. Vidify reserves the right to post any video related query on to the Vidify blog so as to provide useful information for all future customers and users.
If you have any questions about this information, please feel free to contact firstname.lastname@example.org.
9. Free face to face Consultation Terms
9.1 Offer: Free consultation is valid for up to 1 hour (60 minutes) on site at a location chosen by the customer.
Free Consultation is only valid at locations that are no more than 50km or one hour drive by car from a city or major town within the UK mainland.
Business must be UK registered and operating in the UK mainland.
Business must have answered questions pertaining to their Business Marketing activity and completed a pre consultation questionnaire to Vidify’s satisfaction.
Business must have provided full and correct contact details.
9.3 Right of Refusal:
Vidify reserves the right to refuse any Business from receiving a Free one to one consultation.
Vidify Ltd reserves the
right to withdraw or modify this promotion at any time.
In the event of a dispute, the decision of Vidify management will be final and binding.
Vidify reserves the right to cancel a scheduled consultation at any time.
All businesses enrolled in Free Consultation promotion will receive all associated communications about this promotion however all businesses will have the opportunity to opt out from each communication they receive.
All bookings associated with Free Consultation promotion are subject to Vidify’s standard terms and conditions save where they are inconsistent with the terms of this promotion in which event the terms of this promotion shall prevail.
10. Intellectual Property Rights
The content on the Vidify Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Vidify, subject to copyright and other intellectual property rights under UK law. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Vidify reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Vidify Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Vidify Website or the Content therein.
11. User Content
By placing material on or communicating with Vidify, user hereby grants to Vidify a royalty-free, perpetual, irrevocable, sub-licensable, nonexclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. User also agrees to indemnify, defend and hold harmless Vidify from and against any claims or costs, including attorneys' fees, arising from the use or distribution of those materials. User further grants Vidify the right to use your name in connection with the reproduction or distribution of any such material. While Vidify is not under any obligation to monitor content provided by Users, Vidify may, in its sole determination, remove any content that it deems objectionable or offensive or unlawful.
12. Warranty Disclaimer
YOU AGREE THAT YOUR USEOF THE VIDIFY WEBSITE SHALL BE AT YOUR SOLE RISK. VIDIFY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIDIFY WEBSITE. VIDIFY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VIDIFY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VIDIFY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, VIDIFY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
13. Limitation of Liability
IN NO EVENT SHALL VIDIFY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIDIFY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT VIDIFY SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Vidify from its facilities in the United Kingdom. Vidify makes no representations that the Vidify Website is appropriate or available for use in other locations. Those who access or use the Vidify Website from other jurisdictions do so of their own volition and are responsible for compliance with local law.
As a condition of use of the Vidify Website, you agree to defend, indemnify and hold harmless Vidify, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Vidify Website; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Vidify Website.
15. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vidify without restriction.
17. Service Changes
Vidify reserves the right with or without notice to the user at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Vidify shall have no liability to any user or any third party should Vidify modify or discontinue service.
Who we are
What information we collect and how
The information we collect via the Website may include.
1. Any personal details you knowingly provide us with through forms and our email, such as name, address, telephone number etc..
2. Your preferences and use of email updates, recorded by emails we send you (if you select to receive email updates on products and offers).
3. Your IP Address, this is a string of numbers unique to your computer that is recorded by our web server when you request any page or component on the Website. This information is used to monitor your usage of the Website.
Anonymous Information: As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about site visitors.
What we do with your information
Any personal information we collect from this website will be used in accordance with the Data Protection Act 1998 and other applicable laws. The details we collect will be used:
1. To contact you regarding our products and services via email or telephone
2. To keep you informed of any relevant company updates, news or information considered valuable and useful.
We may need to pass the information we collect to other companies for administrative purposes. We may use third parties to carry out certain activities, such as processing and sorting data, monitoring how customers use the Website and issuing our e-mails for us. Third parties will not be allowed to use your personal information for their own purposes.
You have the right to request a copy of any information that we currently hold about you. In order to receive such information please send your contact details via email including address to email@example.com. An administration fee of £10.00 will be charged against all requests.