Understanding these terms is important because, to use our services, you must accept these terms.
We know it’s tempting to skip these Terms & Conditions, but these Terms & Conditions reflect the way that our business works, the laws that apply to our company, and certain things that we’ve always believed to be true. As a result, these Terms & Conditions help define our relationship with you as you interact with our services.
For example, these terms include the following topic headings:
These terms help define the relationship between you and Forse Media.
Broadly speaking, we give you permission to use our services if you agree to follow these terms, which reflect how our business works and how we earn money. When we speak of 'Forse Media', 'we', 'us' and 'our', we mean Forse Media Ltd. and its current and future affiliates.
Forse Media Ltd. is organised and is operating under the laws of the United Kingdom.
You understand and accept that our working hours and time zone may be different to you. We will work on your project on weekdays, Monday to Friday, from the hours of nine (9) AM until five (5) PM. You understand that we will not work on the project during weekends or any public holidays. You understand an additional ‘out of office’ charge may be added if we are made to work outside of the the specified working hours.
You will need to contact us through official channels only. This includes email, our office phone or web chats. We reserve the right to disregard any phone calls made to us (including calls made to our personal phones) which are outside the working hours specified above.
We aim to deliver the best service and user experience. However, this is not always possible. We love to hear any feedback on how we can improve our services and user experience. Please contact us and let us know how we can improve, as we aim to provide the best service possible.
The permission that we give you to use our services continues as long as you be respectful to other users and our staff.
We want to maintain a respectful environment for everyone, which means that you must follow these basic rules of conduct:
Although we give you permission to use our services, we retain any intellectual property rights that we have in the services.
If you find that other users aren’t following these rules, then please inform a member of our staff immediately.
We will inform or supply your chosen service by the date specified in the project proposal, or at the date agreed with you upon us receiving initial payment, unless a delay is specifically requested by you and agreed by us.
In return, you agree to provide us promptly with all necessary co-operation, information, materials and data, access to staff and timely decision-making which may be reasonably required by us for the performance of the services. This shall include you delegating a single individual as a primary contact to aid us with progressing the commission in a satisfactory and expedient manner.
During the project, we will require you to provide any content (text, images, movies and sound files), along with any relevant background information to aid us in completing the job.
Charges for the Services are defined in the project quotation that you receive from us via email. Quotations are valid for a period of 15 calendar days. We reserve the right to alter a quotation or decline to provide the relevant Services after expiry of the 15 calendar days.
Unless agreed otherwise with us, all our services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences. The remaining percentage of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
If notice of cancellation is given more than halfway through the production schedule, you will be liable for the full cost of the job as bid.
You agree to reimburse us for any additional expenses necessary for the completion of the work. Expenses may include (but are not limited to) purchase of any special fonts and stock footage/photography.
You understand that the specified terms of payment under this Agreement are based upon timely cash payments within 15 calendar days. If you choose to defer paying any amount beyond the date on which it is due, you may be charged at our discretion, as additional consideration, an amount equal to the current prime rate [+10%] on unpaid amounts until paid, compounded monthly.
Background IP means any IP Rights, other than Foreground IP, that is used in connection with these Terms.
Foreground IP means any IP Rights that arise or are obtained or developed by, or by a contractor on behalf of, either party in respect of the services and deliverables under or in connection with these Terms.
IP Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
All Background IP, including but not limited to any IP Rights in data, files and graphic logos provided to us by you, is and shall remain the exclusive property of the party owning it (or, where applicable, the third party from whom its right to use the Background IP has derived).
You hereby grant us a non-exclusive licence to publish and use such material, which may be sub-licensed to any contractor acting on behalf of us. You must obtain permission and rights to use any information or files that are copyrighted by a third party. You are further responsible for granting us permission and rights for use of the same.
When accepting the proposal and contract for our services shall be regarded as a guarantee by you to us that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. You shall indemnify and hold us against all damages, losses and expenses arising as a result of any and all actions or claims that any materials provided to us by (or on behalf of) you infringe the IP Rights of a third party.
All Foreground IP shall vest in and be owned absolutely by the party creating or developing it. We hereby grants you a non-exclusive licence of such Foreground IP.
All our services may be used for lawful purposes only. You agree to indemnify and hold us against all damages, losses and expenses arising as a result of any and all actions or claims resulting from your use of our services.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the original provision.
Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:
If we reasonably believe that any of your content:
then we reserve the right to take down some or all of that content in accordance with applicable law. Local authorities may be involved if deemed necessary. Examples include child pornography, content that facilitates human trafficking or harassment, terrorist content and content that infringes someone else’s intellectual property rights.
We reserves the right to suspend or terminate your access to our services or delete your Account if any of these things happen:
Of course, you’re always free to stop using our services at any time. If you do stop using a service, we’d appreciate knowing why so that we can continue improving our services.
A watermark with our name or logo will appear in either small type or by a small graphic at the beginning or end of the final video. If a graphic is used, it will be designed to fit in with the overall video design. All design credit can be removed at your request, however, a nominal fee of 10% of the total development charges will be applied.
You agree that the final product developed may be presented in the our portfolio, and hereby grants us with a worldwide, perpetual, non-exclusive licence to use its name, logo and branding for advertising, marketing and promotional activities.
Each party (the Receiving Party) shall use its reasonable endeavours to keep confidential all information and documentation disclosed by the other party (the Disclosing Party), before or after the date of these Terms, to the Receiving Party or of which the Receiving Party becomes aware which in each case relates to any software, operations, products, processes, dealings, trade secrets or the business of the Disclosing Party (including without limitation all associated software, specifications, designs and graphics) or which is identified by the Disclosing Party as confidential (the Confidential Information) and will not use any Confidential Information for any purpose other than the performance of its obligations under these Terms. The Receiving Party shall not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party. This clause shall survive the termination of these Terms for whatever cause.
During the term of these Terms the Receiving Party may disclose the Confidential Information to its employees and sub-contractors (any such person being referred to as the Recipient) to the extent that it is reasonably necessary for the purposes of these Terms. The Receiving Party shall procure that each Recipient is made aware of and complies with all the Receiving Party’s obligations of confidentiality under these Terms as if the Recipient was a party to these Terms.
The obligations in this clause shall not apply to any Confidential Information which is:
All tangible forms of Confidential Information, including, without limitation, all summaries, copies, excerpts of any Confidential Information whether prepared by the Disclosing Party or not, shall be the sole property of the Disclosing Party, and shall be immediately delivered by the Receiving Party to the Disclosing Party upon the Disclosing Party’s request or the termination of these Terms (whichever is earlier). The Receiving Party shall not copy, reproduce, publish or distribute in whole or in part any Confidential Information without the prior written consent of the Disclosing Party.
We make every effort to ensure that our work can be viewed on the majority of platforms. You agree that we cannot guarantee correct functionality with all computer software across different operating systems and cannot accept any responsibility content not display acceptably (software, websites or social media changes) after the service has been handed over to you.
We the right to quote for any work involved in changing the content of the video for it to work with updated requirements (software, website or social media changes).