ProCut Service Video Editing - Terms and Conditions
1. Definitions and Interpretations
Online service available under www.procutservice.com website, managed by a Polish registered company under the full name and address: ARTADIA Michał Micherdziński, street Piłsudskiego 113F/3, 05-091 Ząbki, Poland, entered to Central Registration and Information on Economic Activity (CEIDG) kept by Polish Minister of Economy, VAT Number: PL-7352563438, REGON: 142965115, e-mail: email@example.com
These Website Terms and Conditions written on this webpage shall manage your use of this website. These Terms and Conditions will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Terms and Conditions.
These Website Standard Terms and Conditions written on this webpage are directed to the Consumers, they determine the rules and procedures of Consumer Sale agreement via the Service.
ProCut Service sells services exclusively to private and corporate customers in the United States of America, Australia, United Kingdom and Poland.
Minors or people below 18 years old are not allowed to use this Website.
Other than the content you own, under these Terms and Conditions, ProCut Service its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
ProCut Service, We, Us, Our and Ours – a Polish registered company under the full name and address: ARTADIA Michał Micherdziński, ul. Piłsudskiego 113F/3, 05-091 Ząbki, Poland, Taxid: PL-7352563438, REGON: 142965115.
Client/Customer – individual or group considered to be a Customer of the Service.
Consumer – a physical Person concluding an agreement with ProCut Service as part of this Website, the subject of which is not directly related to its business or professional activity
The Website – ProCut Service website available under the online address: www.procutservice.pl
The Service – online Service is available under the Website www.procutservice.pl
Terms and Conditions – these Terms and Conditions
Price – gross price in Dollar currency
Package – determined by Us, the advancement of video editing depends of the package that can be selected and ordered by the Client
Service – a video editing service of the footage provided by the Client via the Internet.
Order Form – a form placed on the Website through which the Customer can place an Order.
Contact Form – a form placed on the Website through which the Customer can send a message to ProCut Service.
Newsletter – electronic distribution service provided by ProCut Service via e-mail, which allows all customers using it to automatically receive marketing content, including information about promotions and special ProCut Service offers.
Electronic Service – a service provided electronically by ProCut Service to the Customer via the Service.
Order (order) – Customer’s statement submitted by using the Order Form, aiming to conclude a video editing contract.
Project / Video Project – a number of activities carried out by us in order to implement the Customer’s Order, aimed to prepare the finished video
Content – in the order of providing the Service, Customer is obligated to deliver video footage,other materials and content and the description of the Project. All information and data provided by the Customer for the purposes of Project implementation will be referred below as a ‘Content’.
2. Information About Us
ProCut Service is an online video editing platform. We edit Client’s footage into short video including media files like: background music, images and text.
These Terms and Conditions applies to all video project created by ProCut Service. Client who’s willing to sign up to our platform must read, comprehends and willfully agree to be duty-bound by these Terms and Conditions.
3. Electronic Services on the Website
The following Electronic Services are available on the Website: Order Form, Contact Form, Newsletter.
Order Form – takes a place after clicking the “Start Project” tab in the “Pricing” tab and completing two subsequent steps – (1) after completing the Order Form and (2) clicking the “Start project” field. In the Order Form, it is necessary to provide the following data: name and surname, address (street, house / flat number, zip code, city, country), email address, features and description of the ordered Project.
Contact Form – the use of the Contact Form takes a place after giving the e-mail address and subject and content of the message in the “Contact Us” tab visible on the Website website and clicking on the “Send Message” field.
Newsletter – the use of the Newsletter begins by marking the appropriate checkbox on the Order Form and confirming the Order.
The use of the Order Form and the Contact Form is of one-off service and ends upon its sending on the Website.
The Newsletter on the Website is provided for an indefinite period. The Ordering has the possibility, at any time and without giving a reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending an appropriate request to ProCut Service via email to the following address: firstname.lastname@example.org.
4. Orders and Agreement
In order of placing the Order, you must complete the Order Form available on the Website and make a deposit payment of 20% of the total Order Price.
By placing an Order, the Customer declares that he/she has read these Regulations and accepts its provisions.
After Order submission, ProCut Service will verify the order. After successful order acceptance by Us, the confirmation will be send to the Customer’s email address provided on the Order Form, on the manner of submitting the video editing materials (‘Content’) necessary to perform the Order.The instruction of editing process will be sented by Us to the Customer. The Customer is obliged to upload the necessary material in accordance with the received instructions within a maximum of 7 days from the receipt of the instruction. Because the uploaded material can consist of multiple independent files, it is necessary to inform us about the time of completion of downloading all the files relating to the Order.
For this purpose, the Client should immediately inform us of this fact by email sent to the address email@example.com.
The time limit of the footage is determined by the price package which was selected by the customer during the ordering process. The further time limit increase of footage may automatically add an extra costs to the Customer Order.
After receiving confirmation from the Customer about the completion of uploading material, ProCut Service will verify the submitted material within 48 hours. As a result of material verification, ProCut Service will decide about:
- acceptance of the Order for execution, or
- the necessity of increasing the Order Price due to exceeding the maximum limit of the duration of the sended footage in relation to the Package selected by the Customer in the Order, or
- Order cancellation
In the case of acceptance the Order for execution. Project will immediately start.
In the case of a need to increasing the Orders price Customer will receive a new offer price. In this situation, the Client is obliged to inform ProCut Service of his decision. If the Customer will accept the new Order Price and pay the missing additional price, the Order will be accepted for execution. In the event that the Customer resigns from the Service or fails to inform ProCut Service within 7 days of its decision, the Order will be canceled.
In the event of the Order cancellation all costs paid by Customer will be returned to the Customer within a maximum of 14 days.
The Agreement with the Customer occurs when ProCut Service will inform the Client that the Order has been accepted.
Regarding content, as a Client you agree to not share and post content that: include mental or physical violence, pornography, mental or physical illness; injurness, disability, disturbing content targeted at children or animals, any content that we might consider as harmful, dangerous and hateful.
We reserve the right to reject or delete the content which we consider as an impropriety.
As a Client you agree to upload the Content which was recorded by you, that you have a copyrights and licence to the material sent to ProCut Service.
Content including video, photos, audio and other materials that client transfer for service purpose is used and viewed only by ProCut Service editors, materials are not available for any third parties. By signing up and sending the footage to our editors, client will fully agree to the processing, editing and cutting material by us.
It is the Client’s responsibility to acquire any necessary permissions to branding, logos, sound recordings or properties and any copyrighted materials which will be appearing in the final video production.
Every background music in our video production requires copyrighted licence, please note that we can advise you on using the royalty-free music, however if you wish to have a commercial song in the background, you must be aware of an extra cost for the licence determined by the producer. If you request we may use the YouTube music library and send you a link to the video via YouTube website, however you must be aware that under YouTube conditions ProCut Service do not take responsibility for blocking or deleting material by YouTube controllers.
If you decide to upload your own music, you declare that you have the appriopriate copyrights to use the music in the video.
Important is as a Client to declare that the Video Order does not violate the rights of third parties of the source materials sented, in particular in the field of copyrights.
6. Price and Payment
In the beginning of the service, Client is asked to pay a 20% deposit of the project full, final costs. Remaining fees due will be established before the final video delivery. In general deposit is not refundable, only in the case when project will be stopped by our Service, Client’s deposit will be refunded back.
All charges are in the Dollar currency through the Client’s credit/debit card or PayPal operation.
Client must be aware, that we add or adjust new products or services for an extra charges.
We reserve the right to changing the Prices of Package orders any time.
In the case of the deposit payment, the Customer is obliged to make the payment within 7 days from the moment of placing the Order.
The Customer is obliged to make the final payment within 7 days from the moment of placing the Order.
7. Implementation of the Service
After the Order is accepted, the video editing process will start.
On the basis of the material provided by the client and guidelines for the preparation for the video, ProCut Service will edit the footage, which will then be made available to the client for acceptance.
The standard time of preparing the first version of the video is from 5 to 10 days from the beginning of the Project. Because the delivery time depends of the selected package as well as the length and complexity of the material sended by the Customer, that is why in special cases this time may be longer. The customer will be informed about the extended execution time.
The Customer has the right to request changes to the final video (see 9. Revisions).
After the final acceptance of the Project by the Customer and payment of the remaining amount of the Order, the video will be made available to the Client.
The video file will be available in the form of:
- mp4 file for download on-line – applies to all movies in which commercial music requiring licensing was not used. Only applies to videos with royalty free music.
- the link to the movie uploaded via YouTube on the ProCut Service channel – applies to all videos that commercial music requiring licensing was used. All videos uploaded on YouTube are under the rules in force by YouTube website. Therefore we do not take responsibility for blocking or deleting material by YouTube controllers.
Delivery and implementation of the Service takes place entirely via the Internet.
8. Cancellation & Termination
Any cancellation of the project must be confirmed by the Client through an email with our Service before the final video delivery. In the order of cancellation Client’s deposit will be retained by Us.
At any stage of the Project implementation, in the case of not receiving any information from the Customer after 14 days, ProCut Service reserves the right of cancelling the Client’s Order.
Above that in the situation when ProCut Service will not receive any information from the Client after 14 days the project will be also terminated. In both cases deposit is not refundable.
ProCut Service reserve the right to terminate or stop the Project anytime without giving a specific reason, in that case the balance paid by Client is refundable.
9. Communication and Contact Details
ProCut Service is obligated to keep a constant contact with a Client through the whole servicing process. Any questions, details and information you may receive under our business email address: firstname.lastname@example.org.
We may occasionally email you about products and promotions in service that may interest you.
10. How We Use Your Personal Information (Data Protection)
A Client is permitted to request up to two revisions – these are determined by the Package Price. If Client will ask for an extra revision which is not included in the Package Price, Client must consider additional costs.
If the Client is not satisfied with the final video effect, Client should submit a request for making additional changes within 7 days from the moment of sending the last video version by ProCut Service.
If 30 days from the beginning of Project have passed and Client is not fully satisfied with the final video effect, ProCut Service may decide to discontinue the project.
11. Right of withdrawal from the contract
The User who is a Consumer may withdraw from the contract without giving a specific reasons, by submitting an appropriate written statement within 14 days from the date of the Video Editing Agreement with ProCut Service.
To comply with the deadline referred to above, it is sufficient for the User to send an appropriate statement to the address: email@example.com.
In the event of withdrawal from the contract, returns of amounts paid by the User should take place immediately, however not later than within 14 days from the day ProCut Service receives a statement on withdrawal from the Agreement.
The right to withdraw from the contract referred to above is not applicable in the case when service was completed and agreed, with the Consumer’s consent, before the deadline for withdrawal (in particular, when the ProCut Serviced shared to the User a final video).
For Users other than Consumers the right of withdraw from the contract is not available.
This Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
14. With No Warranties; “As Is” Service
Client is responsible for any destruction to his/hers computer system or data loss which result from the usage of the service or from downloads which contain viruses and the like.
We do not attached any guarantees or warranties, Client can not claim compensation for damages, cancellations projects by us or dissatisfaction.
This Website is provided “as is,” with all faults, and ProCut Service express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
15. Limitation of Liabilities
We do not assume liability for losses, damages to property or personal injury which results from use of the service, flaws, mistakes, errors in your materials, Trojan horses, viruses or the like which may be transferred to or through ProCut Service by third-party entities, hacking which may not be lawfully excluded or limited by applicable law.
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We does not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.
16. Final Provisions
These terms are governed by Polish law. You are aware and consent to the fact that: (i) ProCut Service is solely geographically based in Poland; and (ii) the Service will be seen as passive, not able to result to specific or general personal authority over ARTADIA Michał Micherdziński in jurisdictions other than Poland.
This Agreement shall be governed by the internal substantive laws of Poland, without respect to its conflict of laws principles.
ProCut Service reserves the right to make changes to the Regulations for important reasons, changes in the law, changes in payment methods and deliveries – to the extent to which these changes affect the implementation of the provisions of these Regulations.
In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; Consumer Rights Act, the Act on the Protection of Personal Data.
These Terms anc Conditions of Use were last modified on July 6, 2018.