Terms of Service
Effective date: 1st September 2021
Welcome to www.motiontheagency.com (“Site” or “Website”).
Motion The Agency Ltd. having registered office at Fitzrovia House, 16 Mortimer Street, London, W1T 3JL, United Kingdom, owns and operates this website. The terms “we,” “us,” “Motion The Agency,” and “our” refer to Motion The Agency Ltd. throughout the Site. We provide you, the user, with this website, including all information, tools, and services available through this site, on the condition that you accept all of the terms, conditions, policies, and notices indicated here.
PLEASE READ THESE TERMS CAREFULLY BEFORE FURTHER USING OUR WEBSITE OR ORDERING SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS THEN YOU MAY NOT ACCESS THE WEBSITE OR PURCHASE OUR SERVICES. THE SERVICES ARE ONLY MADE AVAILABLE TO BUSINESSES AND NOT TO INDIVIDUALS.
2. General Information
- About. Motion The Agency provides remote video editing, motion graphics, and design services to business clients. To find out more information about what we do, please refer to our website.
- Sole discretion. We reserve the right to add/discontinue any product or service anytime at our sole discretion.
Our services are strictly limited to parties who are businesses and not individuals.
4. Permitted use
You agree to use the Site and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes. You will not (and will not attempt to):
- Access any of the Services by any means other than through the interface that is provided by Motion The Agency;
- Gain unauthorised access to Motion The Agency’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Motion The Agency’s networks, and computer systems;
- Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
- Access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including, without limitation, commercial purposes;
- Reproduce, duplicate, copy, sell, trade, or resell any Motion The Agency of the Site or the Services for any purpose; and
- Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or service mark owned by Motion The Agency in a way that is likely or intended to confuse the owner or authorised user of such marks, names or logos.
5. Ownership of Materials
The Client shall be the sole owner of the copyrights of the delivered project subject to full payment and successful completion of the project according to Motion The Agency. If the project is incomplete, or if the Client requests a refund or cancellation, the Client does not become the owner or retains any copyrights of the Project.
Client warrants that any materials provided to Motion The Agency as examples of the material to be incorporated into a project during the design process are its own and do not infringe on or misappropriate any third party’s rights, including but not limited to all intellectual property rights and any right of publicity.
This Site is used at your own risk. You acknowledge that your use of this Site, as well as any of your communication and activity on it, is solely your responsibility. We may refuse you access to this Site on a temporary or permanent basis if we believe, in our sole discretion, that you participated in prohibited activity, were not respectful of other users, or otherwise violated the Terms and Conditions.
7. Accounts, Registrations, and Passwords
If you use this Site and it requires you to create an account and/or password(s), you are entirely responsible for keeping your account and password(s) secure and restricting access to your computer. You agree to supply us with current, complete, and accurate information as required by any forms if you establish an account, register, or otherwise give us information. Motion The Agency is not liable for any errors or delays in responding to any question or request as a result of obsolete or erroneous information given by you, or any technological issues beyond its control.
8. Intellectual Property Rights
Unless otherwise stated, the Website is the property of Motion The Agency, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any kind and in any format (herein, collectively or individually, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are owned and controlled by Motion The Agency. The Content and Marks are given “as is” for your personal information and use only. Without Motion The Agency’s express prior written permission, no part of the Website or Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever.
9. Monitoring Activity
Motion The Agency has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, at our sole discretion, at any time and from time to time, without notice or further obligation to you. Motion The Agency has no obligation to display or post any content.
10. Refunds and Cancellations
- All payments are to be made upfront 100% in advance by the Client to Motion The Agency in accordance with the payment method provided by Motion The Agency.
- You acknowledge that we will provide full refunds for content that has been created within 14 days and on the assumption that no revisions have been requested to the content provided.
- In the event you purchase our video editing services and change your mind to cancel it, you have the right to do so before we commence your project and a full refund will be provided.
- In the event we produce a video and you are unsatisfied with the quality, under such circumstances, you can request a 100% refund if 0 revisions have been requested to the video.
- In the event of a 50% refund provided, the content/project delivered is unusable and the Client must sign and affirm that he/she will not re-publish, sell, transfer or use the content/project in any way for any commercial purposes (see section 11 ‘Revisions’ for more information).
- All refunds shall be transacted in the manner or with the currency or payment type used by Client to make such payment. Upon receipt of the refund by Client, any contractual or transactional relationship between the parties shall be of no further force or effect and shall be considered void and terminated.
- We offer revisions to our Clients and the number of revisions will be stipulated in the Client contract. Clients acknowledge and understand that Motion The Agency reserves the right to cancel any service or terminate any project.
- In the event a Client is not completely satisfied with the result after the contracted stated number of revisions they can request additional revisions at the rate stipulated in the Client contract. We reserve the right to cancel and terminate the project once the minimum contracted amount of revisions has passed and in such an event we will provide a 50% refund of the total project service fee to the Client.
- In the event of any cancellation/termination of the project, the Client is prohibited to use the Video content of the said project.
- In the event the client utilises the ‘Motion The Agency Fixed Price Agreement’ this will include unlimited storyboard planning revisions and 2 sets of animation revisions as standard. Once Motion The Agency progress to the animation stage of the project, there are no longer unlimited revision requests to the storyboard and these will be actioned at the discretion of Motion The Agency. In the event that the client requires more than 2 sets of revisions to the animation then one of the following will occur: 1) Motion The Agency will agree to charge our minimum revision rate of £150.00 per revision or 2) the client will be charged based on the additional time spent at a billable rate of £70.00 per hour.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MOTION THE AGENCY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.
13. Limitation of Liability
You agree that in no event shall Motion The Agency be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorised access to or use of the Site or Motion The Agency’ secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.
You agree to indemnify and hold Motion The Agency and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty, or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.
15. Governing Laws
In performing its services under these terms, Motion The Agency shall comply with all applicable UK laws, regulations and directives from time to time in force. For the avoidance of doubt, Motion The Agency is not responsible however, for ensuring that the content of the project which is provided by the Client complies with all applicable laws, regulations and codes.
17. Links To Other Web Sites
Our site may contain links to third-party websites or services that are not owned or controlled by us. Motion The Agency has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Motion The Agency shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.
19. Electronic Communications
When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.
22. Force Majeure
Motion The Agency is not liable for any delays caused by circumstances beyond Motion The Agency’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications, or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above.
23. Entire Agreement
These Terms and Conditions set forth the entire understanding and agreement between you and Motion The Agency concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive Motion The Agency’s right to act concerning subsequent or similar breaches.
24. Term and Termination
This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to Motion The Agency shall survive any termination.
25. Contact Us
For any questions, complaints, and queries or to report any violations, kindly send an email on email@example.com
Motion The Agency Ltd.
Address: Fitzrovia House, 16 Mortimer Street, London, W1T 3JL, United Kingdom