Terms and Conditions
Welcome to Apex Visuals! These terms and conditions outline the rules and regulations for the use of Apex Visuals's Website and services, located at www.apexvisuals.com.
By accessing this website and engaging our services, we assume you accept these terms and conditions in full. Do not continue to use Apex Visuals's website if you do not accept all of the terms and conditions stated on this page.
1. Definitions
In these Terms and Conditions:
- "Company" refers to Apex Visuals, located at 789 Oak Avenue, Suite 300, Hill Valley, CA 90210, and its employees, agents, and affiliates.
- "Client" refers to any individual or entity that engages the services of Apex Visuals.
- "Services" refers to all video production and related services provided by Apex Visuals, including but not limited to pre-production, filming, editing, and post-production.
- "Content" refers to all video footage, audio recordings, graphics, text, and other materials created, used, or provided by Apex Visuals in connection with the Services.
- "Project" refers to a specific video production engagement between Apex Visuals and the Client.
2. Agreement
All Projects undertaken by Apex Visuals are subject to these Terms and Conditions. A formal agreement outlining the specific details of each Project will be provided to the Client before commencement of work. This agreement will include the scope of work, deliverables, timeline, and payment terms.
3. Project Scope and Changes
The scope of each Project will be clearly defined in the project agreement. Any changes to the scope of work must be agreed upon in writing by both Apex Visuals and the Client. Additional charges may apply for changes that fall outside the original scope of work.
4. Payment Terms
Payment terms will be specified in the project agreement. Generally, Apex Visuals requires a deposit before commencement of work, with subsequent payments due upon completion of specific milestones or deliverables. Late payments may be subject to interest charges. We accept payments via credit card, bank transfer, and certified check.
5. Intellectual Property
Unless otherwise agreed upon in writing, Apex Visuals retains ownership of all raw footage and source files. Upon full payment for the Services, the Client will own the final edited video. Apex Visuals reserves the right to use the final video and excerpts thereof for promotional purposes, including on our website and social media channels, unless otherwise agreed upon with the Client.
6. Client Responsibilities
The Client is responsible for providing Apex Visuals with all necessary information, materials, and approvals in a timely manner. The Client is also responsible for ensuring that they have all necessary rights and permissions to use any third-party materials, such as music, logos, or trademarks, in the Content.
7. Confidentiality
Apex Visuals agrees to keep all Client information confidential and will not disclose it to any third party without the Client's express written consent. The Client agrees to keep confidential any proprietary information of Apex Visuals that is disclosed during the course of the Project.
8. Termination
Either party may terminate a Project agreement with written notice if the other party materially breaches these Terms and Conditions or the project agreement. Upon termination, the Client will be responsible for payment for all Services performed up to the date of termination.
9. Limitation of Liability
Apex Visuals will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Services, even if Apex Visuals has been advised of the possibility of such damages. Apex Visuals's liability for any direct damages will be limited to the amount paid by the Client for the Services.
10. Indemnification
The Client agrees to indemnify and hold harmless Apex Visuals from and against any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with the Client's use of the Services, including but not limited to claims of copyright infringement, defamation, or invasion of privacy.
11. Warranties
Apex Visuals warrants that the Services will be performed in a professional and workmanlike manner. Apex Visuals makes no other warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
12. Revisions
We offer a specified number of revisions as outlined in your project agreement. Additional revisions beyond the agreed-upon amount may incur extra charges. The timeframe for requesting revisions will also be detailed in the agreement.
13. Force Majeure
Apex Visuals will not be liable for any delay or failure to perform its obligations under these Terms and Conditions due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, or natural disasters.
14. Governing Law
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any disputes arising out of or in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the courts located in Hill Valley, California.
15. Changes to These Terms and Conditions
Apex Visuals reserves the right to modify these Terms and Conditions at any time. Any changes will be posted on this website, and it is the Client's responsibility to review these Terms and Conditions periodically. Continued use of the website and engagement of our services after any such changes constitutes acceptance of the new Terms and Conditions.
16. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
Apex Visuals
789 Oak Avenue, Suite 300
Hill Valley, CA 90210
Email: legal@apexvisuals.com
Phone: (555) 789-0123
17. Website Usage
Our website, www.apexvisuals.com, is intended to provide information about our services. While we strive to keep the information accurate and up-to-date, we make no warranties or representations about the completeness or accuracy of the information provided. You agree to use our website for lawful purposes only and in a manner that does not infringe upon the rights of others or restrict or inhibit their use and enjoyment of the website.
18. Third-Party Links
Our website may contain links to third-party websites. These links are provided for your convenience only, and we do not endorse or control the content of these websites. We are not responsible for the availability, accuracy, or reliability of any third-party websites linked to our website. You access these links at your own risk.
19. Assignment
The Client may not assign any of its rights or obligations under these Terms and Conditions without the prior written consent of Apex Visuals. Apex Visuals may assign its rights and obligations under these Terms and Conditions to any affiliate or successor.
20. Entire Agreement
These Terms and Conditions, together with the project agreement, constitute the entire agreement between Apex Visuals and the Client with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties.
21. Waiver
No waiver of any provision of these Terms and Conditions shall be effective unless in writing and signed by both parties. The failure of either party to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision or any other provision.
22. Severability
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
23. Digital Millennium Copyright Act (DMCA) Compliance
Apex Visuals respects the intellectual property rights of others. If you believe that your copyrighted work has been copied and is accessible on our website in a way that constitutes copyright infringement, please notify us at dmca@apexvisuals.com and provide the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner.