Terms of Service - The Explainer Guys
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Terms of Service

When you purchase a custom explainer video from TheExplainerGuys.com 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”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “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. 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 provision of the Company’s stated services/products, in accordance with and subject to, prevailing Indian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Confidentiality

We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. 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.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
–    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.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

All major Credit Cards are acceptable methods of payment. Our Terms are payment in full, in advance.

Cancellation and Refund Policy

If you wish to change or cancel an order, please contact our team via email, or call us any time between 8am and 6pm GMT+5.5, Monday through Friday. We will make changes according to your specifications if possible and within the terms we had discussed prior to your project’s start.

Please note that an order cannot be cancelled once you receive an initial draft version and have requested a revision.

Full refunds are available only when we are still working on the script. The script is, of course, an important part of your explainer video, and we may work with one of our in-house script writers, or hire an outside script writer, depending on the package that you have choosen.

We will start working on your explainer video’s script once we have received enough information from you in the form of a creative brief. If we think we don’t have sufficient information, we will contact you and ask you to provide us with more complete data.

Once you receive an initial draft of the script, you may ask for a full refund at this point, and only at this point. If you ask for a revision of the initial draft, it signifies that you already accepted the story, and will move forward with our service. We will gladly make revisions until you are satisfied (within the limits of fair policy).

After we have moved forward with the storyboard, it is no longer possible for us to refund full payment for the project.

Once the voice over has been recorded and the animation has not yet been started a $75 fee will be deducted from the refund amount due

If animation has been started, a pro rata fee will be charged depending on the quantum of work that has been completed ( subject to a minimum fee of $25)

If you would like a refund you need make that request to us via email or other written communication. We will then submit that request to PayPal and they will push the payment to your credit or debit card.

According to PayPal;

*We, as the vendor, can issue a full or partial refund for up to 60 days after payment was sent.
*If you paid with your debit or credit card, our payment is refunded to your debit card or credit card. It may take up to 60 days for the refund to appear on your card statement.
*If you paid with your bank account of PayPal balance, your payment is refunded to your Pay Pal account.

Cookies

Like most interactive web sites theexplainerguys.com uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Communication

Contact information, can be found on our Contact Us link on our website

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 man made 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 endeavours to comply with the terms and conditions of any Agreement contained herein.

General

The laws of the republic of India govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the Indian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

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.