Terms of Service
Last Updated: 14th November 2024
Explainerfly Ltd ("we," "us," or "our"), registered as a limited company in England with a registered office at 128 City Road, London, EC1V 2NX, trading as Explainer Fly, provides animation explainer video production and scriptwriting services (the "Services") to businesses. By engaging with Explainer Fly, you ("Client," "you," or "your") agree to these Terms of Service ("Terms"). Please read these Terms carefully before using our Services.
1. Acceptance of Terms
By accessing or using our Services, you accept and agree to be bound by these Terms, and any guidelines, policies, or additional terms provided to you by Explainer Fly. If you do not agree to these Terms, you may not use the Services.
2. Services Offered
Explainer Fly provides businesses with animation explainer video creation and scriptwriting services. Details of each Service, including scope, pricing, and timelines, are provided in a project proposal or agreement. Any deviation from the initial scope of the Services will be subject to additional fees and may require a new agreement.
3. Payment Terms
- Fees and Charges: Service fees are outlined in the project proposal or agreement. All fees must be paid in GBP unless otherwise agreed.
- Invoicing: We will issue invoices based on the agreed payment schedule. Payment is due as outlined in the invoice, typically requiring a deposit before project commencement and final payment before delivery.
- Late Payments: Payments not received within the specified period may incur late fees. Explainer Fly reserves the right to suspend Services for overdue accounts.
4. Project Timeline and Delivery
- Project Schedule: We aim to deliver projects according to the agreed timeline, subject to timely cooperation and feedback from you.
- Client Responsibilities: To facilitate timely delivery, you must provide any necessary materials, approvals, and feedback within specified timeframes.
- Revisions: Revisions are included within the scope as detailed in your proposal. Additional revisions may incur extra charges.
5. Intellectual Property Rights
- Ownership: Upon full payment, you receive a licence to use the final deliverables for your business. Explainer Fly retains ownership of any original content, tools, or concepts used in the creation of the work.
- Licence Grant: You are granted a non-exclusive, perpetual licence to use the final deliverables for intended business purposes, excluding the right to resell or redistribute without permission.
- Third-Party Licences: Where third-party content or licences are required, we will specify their terms of use.
6. Client Content and Responsibility
- Accuracy of Information: You represent and warrant that any content, data, or material provided to us does not infringe on third-party rights and is accurate and lawful.
- Copyright and Usage: You agree not to use the final deliverables in any way that is illegal, unethical, or contrary to the terms of any third-party licences associated with the project.
7. Confidentiality
Both parties agree to keep all information relating to the Services confidential, unless required by law or necessary to complete the project. This confidentiality obligation does not extend to publicly available information or information independently developed without reference to the disclosed information.
8. Warranties and Disclaimers
- Limited Warranty: Explainer Fly warrants that the Services will be provided with reasonable skill and care. We do not warrant that the deliverables will meet your expectations or be entirely error-free.
- Disclaimer: All other warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed to the maximum extent permitted by law.
9. Limitation of Liability
- Exclusion of Liability: Explainer Fly will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services, even if we were advised of the possibility of such damages.
- Cap on Liability: Explainer Fly’s total liability to you for any claims arising out of these Terms, whether in contract, tort, or otherwise, will not exceed the total amount paid by you to Explainer Fly for the Services in the twelve months preceding the event giving rise to the claim.
10. Termination
- Termination by Client: You may terminate the Services at any time upon written notice. In such cases, you will be responsible for any fees for Services provided up to the date of termination.
- Termination by Explainer Fly: We reserve the right to terminate or suspend Services if you breach any of these Terms. Upon termination, your right to use any materials or deliverables ceases unless otherwise agreed in writing.
11. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
12. Changes to Terms
Explainer Fly reserves the right to modify these Terms at any time. Any changes will be effective upon posting on our website or as notified to you. Your continued use of the Services after changes have been made constitutes your acceptance of the revised Terms.
13. Contact Us
For any questions or concerns regarding these Terms, please contact us at:
Explainer Fly
128 City Road
London, EC1V 2NX
Email: support@explainerfly.com