Terms of Service
You (hereinafter referred to as the “CLIENT”) hereby accepts the Terms of Service set forth with goal of a long-term mutually beneficial partnership with Neu Breed Creatives (hereinafter referred to as “NEU BREED”), and likewise affirms to have reviewed, understood and agreed on the contents of this Terms of Service.
Both parties agree that the success of this mutually beneficial partnership requires shared responsibilities and commitment to the following obligations summarized as follows:
01
NEU BREED shall assign one (1) Video Editor and one (1) Project Manager whose tasks are to understand and become adept with the creative preferences of the CLIENT for fast delivery of creative video contents; and that the CLIENT commits to being an active partner by providing prompt feedback on the outputs submitted and effectively express its preferred creative treatment.
02
NEU BREED shall provide as many video outputs and revisions within the number of video editing hours per week that the CLIENT purchased; and that the CLIENT understands that any unused video editing hours for the week cannot be rolled over to the following week.
03
NEU BREED shall provide a project dashboard for ease and effective collaboration with the CLIENT; and that the CLIENT commits to be familiarized with its robust functionalities to conveniently utilize the platform for the following purposes:
• Submit video requests with as much details as possible to help NEU BREED better understand the expectations for the project, with the goal of delivering the desired output faster and with minimal revisions;
• Communicate with the video editing team to exchange creative inputs;
• Track the real-time status of all active video projects;
• Track the number of working hours spent per project;
• Take advantage of the video proofing feature to leave feedback on the submitted video outputs without the tedious need to log the timestamps manually nor describe an exact frame.
Furthermore, the CLIENT also understands that all communications shall be kept within the project dashboard for better accountability. Should the CLIENT prefer to expound on certain instructions or feedback other than in writing, the CLIENT may do a video and screen recording via platforms like Loom or Vidyard that NEU BREED can refer to while working on the project.
04
CLIENT shall upload good quality and sufficient raw footages in its own personal cloud-based storage platform (ie: Google Drive, Dropbox, WeTransfer, etc.) and grant NEU BREED access to. It is assumed that the files provided to NEU BREED are just back-up files and that the CLIENT understands that it is its obligation to store the original and further back-up copies of the project files.
05
Parties shall initiate regular check-in meetings to gather feedback, brainstorm on creative ideas, and for the continual “getting-to-know” approach in building relationships.
For and in consideration to above premises, both parties further agree on the following:
Subscription Fees.
The initial monthly subscription fee is due and payable on or before the intended start date of the video editing service. For uninterrupted service, the subscription period shall continue for one (1) full month, and the CLIENT hereby authorizes NEU BREED to automatically debit its monthly subscription fee as they fall due.
Working Hours.
NEU BREED commits to promptly attending to all inquiries and feedback within the regular business hours of 9:00 AM to 6:00 PM, Monday through Friday, GMT+8.
Turnaround Time.
NEU BREED commits to passionately work on all projects with vigor and creativity, and shall endeavor to submit a sufficient output within two (2) business days, barring any circumstances beyond the control of NEU BREED including delays due to issues with internet and cloud connections, power outages, or any acts of nature. Under such unusual circumstances, NEU BREED commits to exert its best efforts to deliver its service as soon as possible using any other alternative modes if available. And in such, NEU BREED shall be free and harmless from any liability, financial or otherwise, that may be incurred from any delays in the completion of any project.
File Storage.
It is the responsibility of the CLIENT to handle its own original copies of the raw footages, edited and final video outputs. However, should there be a need for any edit variations, NEU BREED strives to store a back-up of the project files for a maximum of three (3) months from the date of approval of the project. Access to any available back-up files of NEU BREED can only be shared while the CLIENT remains in active subscription, and cancelled accounts will no longer have access to their project folders once their subscription has already expired.
Team Collaboration.
To build familiarity with the creative preferences of the CLIENT, each subscription account is limited to having a maximum number of three (3) representatives that NEU BREED can coordinate with, for and on behalf of the CLIENT.
Cancellation.
The CLIENT may unilaterally request for cancellation of its subscription anytime it feels that the service is no longer required. In such, NEU BREED shall continue to provide video editing services up to the last day of the current paid month — last day is determined as the day before the supposed next billing cycle occurs.
Non Solicitation.
The CLIENT agrees that during the term of the agreement and for a period of 12 months following the termination or expiration of this agreement, the CLIENT shall not directly or indirectly solicit, hire, or attempt to hire any employee, contractor, or agent of NEU BREED without prior written consent. This clause ensures that the partnership between the CLIENT and NEU BREED remains fair and ethical, safeguarding NEU BREED’s resources and business interests.
No Money-Back Guarantee, Refunds, nor Credits.
NEU BREED does not offer money-back guarantee, nor provide any refunds or credits for any partial subscription usage such as unused video editing hours for the week/s.
Forced Termination.
NEU BREED reserves the right to unilaterally terminate a subscription should it find that the CLIENT has knowingly provided any copyrighted, illegal, or pornographic materials that could have placed NEU BREED in compromising situations. NEU BREED likewise values its respect for its team members, as well as in always finding amicable solutions to personal differences. Should at any time that NEU BREED feel that a long lasting, mutually respectful and beneficial relationship can no longer be possible, either parties shall be free and able to opt out of this partnership. In case of such termination, NEU BREED shall continue to provide the service up to the last day of the current paid month but shall be discerning on the projects that will be accepted.
Protection in Increase of Subscription Fee.
Valued and existing CLIENTS shall have the privilege to enjoy its initial subscription fee for the next six (6) months should NEU BREED decide to increase its rate. However, in the event that the CLIENT skips any month during the six (6) months protection period, the CLIENT shall automatically revert as a new CLIENT and thus the adjusted fees shall already apply.
Ownership of Content.
NEU BREED shall own no right to any of the raw footages as well as in the finished outputs. However, by default, the CLIENT automatically grants NEU BREED with a non-exclusive right to publish any of the finished outputs in NEU BREED’s portfolio, website logo block, social media advertisements, email marketing, and other communication and marketing collaterals. Should the CLIENT wish to revoke this privilege, notification can be done in writing to collab@neubreedcreatives.com
Grant of Limited Rights.
By submitting a project, the CLIENT automatically gives NEU BREED the rights to User Content to the extent necessary to complete the project, including the retention of archival copies.
Non-Disclosure Agreement.
The CLIENT may request NEU BREED to sign a Non-Disclosure Agreement (NDA). All copies shall be provided by the requesting party, and submitted to collab@neubreedcreatives.com for review and conformity of NEU BREED.
Limitation of Liability.
NEU BREED shall not be liable to the CLIENT nor any third party for any loss, financial or otherwise, nor any damages, actual or potential, that may arise out of this agreement as well as on the output of any projects. At most, the liability of NEU BREED for any and all claimants shall not exceed one hundred US dollars (USD 100.00) on any and all cause of action, in tort, contract, or otherwise.
Digital Millennium Copyright Act (DMCA).
NEU BREED shall not be in any obligation to review any of the raw footages provided by the CLIENT with respect to the inclusion of impermissible or illegal content (ie: stock footage, creative commons license). In the event of any issue with any third party, including copyright infringement or violation of privacy, NEU BREED shall be free and harmless from any claims with respect to its use of the footages to the final output produced for the CLIENT, and that the CLIENT accepts that it alone shall be responsible for any dispute that may arise.
However, NEU BREED respects the copyright interests of others and does not permit any actions known by NEU BREED that may infringe the copyright of another party. In case of doubt on any of its materials, NEU BREED shall be provided with a written notice to collab@neubreedcreatives.com. In the event that the claim has been proven to be true, NEU BREED reserves the right to terminate its relationship with the CLIENT who is responsible for the copyright infringement.
No Employee-Employer Relationship.
This agreement does not in any form constitute any semblance of an employee-employer relationship and that NEU BREED is considered an independent contractor of the CLIENT.
Modifications of this Agreement.
NEU BREED reserves the right to change or modify any portion of this agreement anytime at its sole discretion, and such alterations shall be promptly posted and become effective upon its posting. Therefore, it is the responsibility of the CLIENT to review the website regularly to obtain timely notice of such modifications in the agreement. Furthermore, the CLIENT’s continued use of the service following the posting of any alterations in this agreement will constitute the acceptance of such changes. In the event that the CLIENT does not agree to any of the terms of the modified agreement, it is its responsibility to immediately provide notice of cancellation to NEU BREED to discontinue the use of its service.
Good Faith and Partnership.
This agreement endeavors both parties to work for a long-term and mutually beneficial partnership. Any unfortunate dispute shall first be settled judiciously and amicably. In the extreme event of any suit after failed settlement, this agreement shall be governed by the laws of the Philippines with Makati City as the venue of any suit.
