Terms & Conditions
Services and Products
Usage Agreement for Services
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Fantazo for its clients.
2. OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under my proposal is due immediately upon you instructing me to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. I reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if I have not fulfilled my obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of mine.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by me to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to me which leads to a delay in the completion of work, I have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, I have the right to invoice you for any part or parts of the work already completed.
I am pleased to offer you the opportunity to make revisions to the design. However, I have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
My website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $100.00 per hour.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that I give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify me in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
7. REJECTED WORK
If you reject any of my work within the 7-day review period, or not approve subsequent work performed by me to remedy any points recorded as being unsatisfactory, and I, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the 7-day review period, I will invoice you for the 50% balance of the project.
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to me to include in your website or web applications.
You must indemnify and hold me harmless from any claims or legal actions related to the content of your website.
Once you have paid me in full for our work I grant to you a license to use the website and its related software and contents for the life of the website.
11. SEARCH ENGINES
I do not guarantee any specific position in search engine results for your website. I perform basic search engine optimisation according to current best practice.
12. CONSEQUENTIAL LOSS
I shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Fantazo ® under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
I reserve the right to subcontract any services that I have agreed to perform for you as I see fit.
I (and any subcontractors I engage) agree that I will not at any time disclose any of your confidential information to any third party.
16. ADDITIONAL EXPENSES
You agree to reimburse me for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and I will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by me.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
I will supply to you account credentials for domain name registration and/or web hosting that I purchased on your behalf when you reimburse me for any expenses that we have incurred.
19. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Romania. You and Fantazo submit to the non-exclusive jurisdiction of the courts in and of Romania in relation to any dispute arising under these terms and conditions or in relation to any services I perform for you.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Fantazo and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
Usage Agreement for Products
Permitted Uses of “The Content”:
1. advertising and promotional projects, including those that are electronic or used on the worldwide web, film and video presentations, commercials, electronic catalogues, and brochures.
2. In Television, Radio, wedding videos, and corporate videos
3. On the world wide web, including web videos, slideshows, YouTube, Vimeo, Facebook, and on websites
4. In non-profit, educational and internal corporate videos.
5. In film festivals (both student and professional)
Not Permitted, Uses” of “The Content”:
1. You MAY NOT give away anything in the project download
2. You MAY NOT place any of our products/tutorials, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind
3. You MAY NOT disclose any order information which includes but is not limited to Order ID, download link, etc.
The Extended License that comes with all Fantazo Projects Permits:
– Producing any number of videos for any number of clients using a Fantazo content, without any additional cost
*Exception: Displaying the Fantazo content on websites that offer automatic customisation is not permitted
Yes, you may use the Fantazo templates to offer your video services on freelance sites such as Fiverr.com, our license permits this.
Don’t use any of the Fantazo presentation videos or voiceovers to present your service (gigs). In other words, don’t pretend you are Fantazo.
So, don’t copy our video presentations or voice-overs. Instead, make your own video presentation for your service using the video that you create with our templates.
Fantazo.net User Agreement
Copyright and Licensing Information COPYRIGHT MATERIAL
The Contents contained in this download including, pre-rendered video files, After Effects files & Templates, Music & all other files contained in the zipped download are trademarked and copyrighted. This copyright is protected under U.S. and International copyright law. Fantazo.net own and reserve all rights, except for those specifically granted by the license agreement below.
General Information Regarding this Contract
By purchasing and downloading the content you agree to this contract and are bound by its terms End User License Agreement
This is a non-exclusive (Same rights to an intellectual property granted to several licensees within the same scope or field) non-transferable license binding contract between you and Fantazo.net.
Please make sure to read this contract carefully before using the After Effects Templates and other content provided by Fantazo.net. If you choose not to accept this negotiated settlement, you must destroy the project files. By using any part of the contents contained in the project download, you are agreeing to the following terms:
A. You are authorised to make any necessary modification(s) to our products to fit your purposes.
B. The Project Files (After Effects Templates) may be used, changed, and integrated in your work. You MAY NOT sell, redistribute, integrate any of the files in a template or give away anything in the project download. You must accept the After Effects Template “as is” with no express or implied warranty.
C. The Project Files (After Effects Templates) may not be used with or within a production involving development of illegal business.
D. The Project Files (After Effects Templates) may not be channeled to any third parties through networked processing systems.
E. You agree to indemnify us, Our officers, directors, employees, affiliates, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of these terms and conditions from any and all liabilities, losses, damages, expenses (including attorneys’ fees and costs) and damages in consequence there of. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, and this shall not excuse Your obligations under this Section.
F. These project files are royalty free and may be published, broadcasted and distributed across all media types.
Coupon Code Usage:
Fantazo encourages the use of coupons by our customers in our online store, in accordance with the following guidelines: https://Fantazo.net/use-coupon-code-Fantazo/
30 Day Money Back Guarantee
If for whatever reason a Fantazo product does not satisfy your expectations in any way, simply send me an email within 30 days from your purchase and I’ll refund you right away! I will always refund your money.
Payed monthly subscriptions (like the Website Maintenance Plan) come with a 30 day trial, during this trial period a full refund will be given to any customer who requests the cancellation of the monthly subscription. After the 30 day period has passed, refunds are not possible.