Monkeypixels - Terms and Conditions
These Terms and Conditions ("Agreement") govern the relationship between the video production company ("Company") and the client ("Client") for video production services. By engaging the Company's services, the Client agrees to be bound by these terms and conditions.
Scope of Services:
a. The Company will provide video production services as agreed upon in the project proposal or contract.
b. Any changes or additions to the project scope must be agreed upon in writing by both parties.
Payment:
a. The Client agrees to pay the Company the agreed-upon fees for the services rendered. 50% before the start of the project and the rest will be paid upon final delivery of the agreed-upon deliverables.
b. Payment terms, including any deposit requirements, will be specified in the project proposal or contract.
c. In the event of cancellation or termination of the project by the Client, any non-refundable deposits or costs incurred by the Company up to that point will be retained.
d. Any project proposal and its content is eligible up to 7 days after sending. After accepting the project proposal prices are locked up to two months before starting production. Prices may be subject to change due to delays caused by the clients.
Project Timeline:
a. The Company will provide an estimated timeline for the completion of the project.
b. Delays caused by the Client, including changes in project scope, incomplete or late submission of materials, or failure to provide timely feedback, may result in adjustments to the project timeline and payment terms.
Intellectual Property:
a. The Client retains ownership of any intellectual property provided to the Company for the project.
b. The Company retains ownership of all intellectual property created or developed during the project unless otherwise agreed upon in writing.
c. Upon full payment, the Company grants the Client a non-exclusive, worldwide license to use the final video(s) for the agreed-upon purpose(s).
Publishing and image rights:
a. The customer has the right to use the media content produced by the production company for their promotional purposes and use on social media, websites, online shops, web advertisements, online commercials, and offline use such as brochures, flyers, menus, apps, posters, fold ups or to display on TVs, Canvas and other media to display.
The customer is prohibited to display produced content in broadcast media such as TV, Radio, or Cinema without further permission and licensing by the production company.
The customer is also prohibited from either altering (making further edits) or selling the produced content without further permission or licensing.Work conditions:
a. unless agreed upon otherwise a production day is up to 10 hours. That includes travel to and from the location of the shoot and also includes the preparation, build up, and build down of the required equipment
b. a production day includes at least 1 hour of break. This hour is included in the 10 hours and is not added on top.
c. If any given production day requires longer work than 10 hours each additional hour is subject to overtime. The first hour is to be calculated at a rate of 1x, the second hour of overtime is to be calculated at a rate of 1.5x, and any additional hour of overtime is to be calculated at a rate of 2.0x.
Confidentiality:
a. Both parties agree to keep any confidential information shared during the course of the project confidential and not disclose it to any third parties without prior written consent.
Indemnification:
a. The Client agrees to indemnify and hold the Company harmless from any claims, damages, or liabilities arising out of the use of the video(s) produced, including but not limited to copyright infringement or unauthorized use of third-party materials.
Limitation of Liability:
a. The Company will make reasonable efforts to ensure the quality and accuracy of the video(s) produced. However, the Company shall not be liable for any consequential, incidental, or indirect damages arising out of or relating to the services provided.
Termination:
a. Either party may terminate the project by providing written notice to the other party.
b. Upon termination, the Client shall pay for any services rendered up to that point and any outstanding expenses incurred by the Company.
Governing Law and Jurisdiction:
a. This Agreement shall be governed by and construed in accordance with the laws of Austria.
b. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Vienna, Austria.
Entire Agreement:
a. This Agreement constitutes the entire understanding between the Company and the Client regarding the video production services and supersedes all prior negotiations, agreements, or understandings, whether oral or written.
By engaging the services of the Company, the Client acknowledges and agrees to be bound by these Terms and Conditions.