Terms of Service
Updated September 5th, 2018
By contracting our services, you agree to the Terms of Service listed below in this document.
Silver Dove Productions (hereafter referred to as "SDP") agrees to work with you to create a video/film production that meets your desired outcome. Although SDP will do its best to incorporate your suggestions and ideas into your video, you agree and grant full production and editorial control of all aspects throughout the entire production including but not limited to editing, to SDP.
OUR PROMISE TO YOU
SDP will do everything in our power to make your experience with us a positive one. Although there are many things that may go wrong that are out of our control, we will do whatever is reasonable to make you happy.
In the event that a DVD is damaged during shipping, SDP will ship a new DVD to you at no additional cost.
Work will not start until a 50% deposit is received and confirmed. Payments can be made by check, money order or credit card. Bank charges incurred because of a returned checks will be charged to you along with a $30 insufficient funds fee. All personal checks must clear before work commences; no exceptions.
Once the video(s) is complete, it will be uploaded online to show the Client. If any changes are needed, the Client agrees to submit a list of changes within 5 business days of the video being posted online and provide anything needed to make those changes. If the list of changes or items needed have not been provided within 5 business days, even if the client has changes, then the full balance is due. Once all requested changes have been made, final payment is due within 5 business days.
Any outstanding balance that is not paid 5 days after the video has been uploaded online shall incur interest at the rate of 10% per annum until paid. Once final payment is made, the video will be delivered to the client.
SDP has the right to cancel their agreement with you at any time and for any reason with written notice. You will receive a full refund. Any photographs or other items given to SDP by you will be returned to you. Any footage shot will not be used but will remain the property of SDP.
All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the fifth day after mailing by first class mail.
Your video is a work for hire and the copyright belongs to you. However, SDP may want to use portions of your completed DVD for advertising, marketing, display or any other appropriate purposes, and may do so unless you state otherwise.
All of the music in your SDP video is royalty free and SDP has permission to use the music. However, the music is copywritten and you can not use the music for any other purpose whatsoever.
Please know privacy is very important to us. We will never share any of your information with any third party person or website.
HOLD HARMLESS AGREEMENT
Client understands and agrees that the video produced for the Client is for use by the Client and that SDP has no involvement or responsibility for the time, place, or manner in which the video is being used, except as otherwise provided for in this Agreement. Client represents and affirms to SDP that Client has full rights and authority to any ideas, materials, or other audio visual works provided to SDP. Client agrees to defend, release, and hold SDP harmless from any and all claims, demands, suits, or any liability arising from this Agreement, any work product created by SDP arising from this Agreement, or any claims of any nature from third parties including, but not limited to, claims relating to trademarks or copyright infringement, or violation of any other intellectual property rights. In the event any action or proceeding is brought against SDP by any third party relating to the work product created by SDP for the Client, Client agrees to assume responsibility for attorneys’ fees and costs of defense.
The Client will assume full responsibility for everything they give to SDP for use in the video including but not limited to, all stock footage/photos/music. It is Clients sole responsibility to ensure that they have rights and authority for any materials given to SDP.
CHANGE OF TERMS AND CONDITIONS
We reserve the right to change the terms and conditions of this agreement as needed. Use of our services by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate our business relationship.
This Agreement is made and entered into in the State of California, and shall in all respects be interpreted, enforced, and governed by and under the laws of the State of California with venue for any actions decided in the federal or state courts in Los Angeles County, California. However, notwithstanding the foregoing, in the event of a dispute arising from this Agreement, if the Parties are unable to resolve the dispute informally and the amount in controversy exceeds $5,000, then the dispute shall be submitted to mediation and the Neutral will be found using Judicate West in Los Angeles (www.judicatewest.com). If mediation is not successful, then the Parties agree that the dispute shall be decided by arbitration in Los Angeles County through Judicate West (www.judicatewest.com). Whether its mediation and/or arbitration, the Client agrees that the Neutral’s rate will not exceed $600/hr. unless agreed upon by both parties. However, if the amount in controversy is $5,000 or less, the Parties may pursue their claims directly in small claims court in Los Angeles County. In the event any action, arbitration, proceeding, or collections are required to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys and costs incurred.
This Agreement constitutes and expresses the entire Agreement and understanding between the parties hereto in reference to all matters referred to; all previous discussions, promises, representations and understandings relative thereto, if any, and between the parties hereto, are specified herein.
This Agreement may not be modified or amended except in writing and signed by all parties hereto. Each signed copy of the original of this Agreement and any amended agreements are effective when mailed to or transmitted by facsimile or email and has the force and effect of an original and shall constitute a legal and binding instrument.
If you have any questions or concerns regarding our Terms of Service please Contact Us. We will be happy to answer them.