Terms & Conditions
While using this website and services offered you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “Customer”, “You” and “Your” refers to you, a person using services/ product of BuzzFlick. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Service and/or services refers to products and services provided by BuzzFlick (including but not limited to designing, artwork, development, testing, documentation, illustrations, voiceover, animation, music, sound effects, consultation).
All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing Law. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1. Disclaimer Exclusions and Limitations
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a client are affected.
Payments can be made via Checks, all major Credit/Debit Cards, and Bank Transfers. Payment terms are decided & agreed upon at the time of sales agreement and or discussion (verbal &/ or written). All services remain the property of the Company until paid for in full.
The billing will be made if it is in the form of a one-time payment or an automatically recurring payment, which is described in any of the specific product/service terms and conditions regarding the service provided. if the billing is defined as the automatically recurring payment and all the payments of the agreed services should be made in advance every month/project cycle.
Payments that are made through credit/debit card or bank transfer as selected by the client should be defined initially to avoid any inconvenience like late or missed payments. Furthermore, it is the responsibility of the client to make sure that the company “BuzzFlick” has an up-to-date credit card or bank account details, and the payment method is authorized and in working condition for the payment of the services taken.
If the client fails to pay the fee of the service before the due date and the payment method defined by the client is not workable then they might be subjected to a late fee of equal to $100 or 10% of the total payment due.
3. Termination of Agreements
Both the Client and Company have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded if work/ research, internal discussions have not been initiated.
Notice of cancellation required via email, Call and/or fax, or any other means will be accepted subject to confirmation in writing.
4. Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
We do not monitor or review the content of other party’s websites that are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of those sites. We encourage our users to be aware when they leave our site & to read the privacy statements of those sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
5. Copyright Notice
Copyright and other relevant intellectual property rights exist on all text, images & portfolio relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this website are trade marked.
Each of our clients has an assigned account manager/ client service manager and initial sales representative (at times, both the duties are performed by a single person). The company makes sure that the name, email, and phone number of the assigned person(s) is shared with the client. The company’s general contact information is mentioned on this website for new prospect clients and for existing clients who are unable to reach their assigned person(s). The general contact information can be used by anyone to contact the company.
7. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
9. Refund Policy
The company strives to provide the services to the best of its abilities. However, in case of any unforeseen event, the client holds the right to request a refund of the money paid to the company. The company is liable to process this request within a maximum of 60 days. The return request will be approved if it complies with the company’s refund policy.
The money will be transferred back to the client’s account either through the credit card account or to the bank account that was recommended by the client.
Full or partial refund will be made in the following circumstances:
- Refund is requested within a 7-day time of initial preview delivery
- If the first preview is completely not compliant with the creative brief of the client
- If the team is not able to deliver the first milestone within the specified timeline
- No revision round has been initiated yet
Full or partial refund will NOT be made for any of the following circumstances:
- If the client does not respond within 7 days when the project cycle/milestone is achieved/delivered.
- On a complete and delivered project cycle/milestone by the company.
- After first milestone is achieved and mutually agreed on
- If revision/alteration is requested by the client regarding any of the services provided by the company. The applies to the complete service &/or package that was signed by the agreement
- If the client or the client company discontinues the operations, changes its name or its activity.
- If the refund is requested for any reasons that were made without involving the company “BuzzFlick” in any way.
- Change of mind: Definition of change of mind, a decision to reverse an earlier decision. Synonyms: flip-flop, reversal, turnabout. Types: afterthought, reconsideration, rethink, second thought, thought again about a choice previously made.
- Partial Refunds: Partial refunds are subject to the decision based on the above conditions.
Note: Bank and refund processing fees are applicable on all refunds.
10. Unlimited Revisions
- The services at BuzzFlick comes with unlimited revisions, it means that our client can enjoy as many edits, revision comments and changes as they want in a certain revision round.
- Although unlimited revisions are allowed for each stage of the project, revision rounds are however limited. We advise our clients to include clear and cohesive feedback in each revision round so that the best possible work can be delivered within the least amount of time.
- The number of revision rounds differs according to the package sold and the scope of the work that is discussed before the start of the project.
- Revision rounds are restricted to a certain number per project and a client can avail a fixed number of revision rounds at each stage of the project.
11. Project Stages
The company “BuzzFlick” divides a project into the following milestones and payment cycles:
- 50% on the Project Initiation
- 25% on the Storyboard Approval
- 25% on Animation Approval and before the Final Handover
The receipt of the project will be issued once the acceptance of the quote is done, the milestone is decided, the deadlines of the project, and terms and conditions are all agreed upon.
BuzzFlick holds the right regarding the negotiation, processing, and refunding of all applicable fees.
12. Changes To Project Scope
- The prices mentioned in the proposal only contain the work that is discussed by the customer service representative or project consultant.
- If a client made a mind to change the scope of the project once the agreement is accepted. It is required that the client provides a written change order mentioning the details of the changes required.
- Once the written change order is submitted to the company, the Project Manager will respond accordingly with a statement of revised terms that will consist of the details regarding any additional fee, changes in delivery dates, and if any change is needed to the terms and conditions agreement.
- The Project Manager is only authorized to work beyond the original scope and if the client agrees to the modifications made to the new scope of the project.
13. Change Request
Any request in the ongoing project from your side that was not originally discussed and documented will be considered as a change request. All the change requests will be charged additionally based on their complexity, this change request will also affect the overall deadline of the project.
14. Deadlines/ Timelines
Since the company offers unlimited revisions (as explained in point no.10), hence the deadlines/ timelines provided by the company are tentative and are not exact. The company cannot be held responsible for not meeting deadlines/ timelines if revisions/ feedback or approval are provided to the company after 12-14 working hours for any of the services. Delay in one revision/ feedback or approval will also affect the deadline/ timeline.
15. Intellectual Property
Every service and all of its elements provided by the company will be under 100% ownership rights of the company until you/ client has paid a complete decided amount. Upon 100% completion, you/ client will be 100% owner of the end result of service provided by the company to the client specifically for the project client/ you have paid for. The company will always have the right to reuse the elements created by the company for the client/ you, this does not include any designs, documents, artwork provided by the client/ you to be used in your project. The company will always possess the right to showcase the end result of service provided to you/ client on the company and its partners our work and portfolio section unless requested by client/ you in written format and signed by the company.
16. Limited Liability
The company has limited liability and is not responsible for any profit or loss you make from the services provided by the company. The company is only liable to provide the services company has been hired for.
17. Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
19. Ownership Rights
The final video design/file belongs to BuzzFlick until all the invoices are paid fully by the client. If the event of termination of the agreement takes place before the final delivery and payment, the design will remain with BuzzFlick and the company holds the right to exhibit, re-use, and/or sell the video or its resources (after omitting the business name).
Although, once all the payments are made, the client has the right to use the video as per their need and purpose.
20. Promotion Rights
BuzzFlick reserves the right to showcase the final product in their portfolio section available on the company website and share it publicly to different social/web platforms for the portfolio promotion purpose without any hindrance, until and unless the client provides it in writing not to showcase their work.
- To keep the work in progress the client must cooperate with the team BuzzFlick by providing the necessary information, material, and approvals on time. Any delays will result in the extension of delivery dates for the work agreed on in the proposal.
- Any of the delays made by either party but not restricted to the natural disasters, acts of government, acts of God and fire, flood, and power failure will not be considered because of day for day extension of any performance due.
- The project cost overruns within a standard project timeline that is of 3 months maximum, if caused due to miscommunication and/or inactivation of the project from the client’s side will be charged as $100 or 10% of the complete project cost.
- All the pricing package of the projects are of 3 months service level agreement, that is the prices are applicable for three months.
- Unless otherwise mentioned in the contract or invoice, all projects are subject to suspension and termination. After 3 months, new charges apply to reactive projects, and BuzzFlick reserves the right to continue or stop the project.
- Once complete payment is made, the client will be allowed to get the complete project file and backup of the project.
- BuzzFlick holds no responsibility regarding any loss/damages that are caused by the delays, suspension, termination, or deletion of the projects whatsoever.
22. Additional Expenses
The project quotation that the Client receives via e-mail specifies the charges for services to be performed by the company and for 15-20 days, quotations remain valid. After the specified days have passed, BuzzFlick reserves the right to change or refuse to offer a quotation.
23. Project Pause/Restart Clause
The client has the right to pause their project due to any reason (lack of availability of resources, payment, material, etc). This should be communicated in writing to the corresponding project manager and their subsequent approval.
The maximum time duration for which a project can be paused is 30 (thirty) calendar days. After which, the project will be suspended automatically by the project management team. Resuming suspended projects will require a restart fee of $250 or 10% of the project cost (whichever is lower).
During this time (Paused), the client can get back to the project manager via written notice stating that they are ready to proceed ahead with the project and it will be resumed from the last milestone.
You can inquire more information about this clause from the corresponding member of the BuzzFlick team.