Introduction These terms and conditions govern the provision of services by Viral Media Ltd. to clients engaging with platforms such as Shopify, WordPress, Wix, and similar website-building platforms, as well as graphic design, video, and photo production and editing services. By engaging the Agency's Services, the client agrees to be bound by these terms and conditions. Scope of Services

 

2.1. The Agency will provide design, development, maintenance, and other related services on the client's chosen Platform(s) as specified in the project agreement.

 

2.2. The Agency may also provide video and photo production and editing services, as well as graphic design services, with deliverables confirmed in advance. Any additional services requested by the client beyond the scope of the initial agreement will be subject to additional charges and will require a separate agreement. Responsibilities of the Agency

 

3.1. The Agency will use reasonable skill and care in the provision of the Services.

 

3.2. The Agency will not assume responsibility for the performance, functionality, or security of the Platform(s) itself, including but not limited to Shopify, WordPress, Wix, or any third-party plugins or extensions used on the Platform(s).

 

3.3. The Agency will not be liable for any issues arising from changes made by the Platform provider(s), including updates, maintenance, or modifications to the Platform(s) or its features. Client Responsibilities

 

4.1. The client is responsible for providing all necessary access credentials and permissions for the Agency to perform the Services on the Platform(s).

 

4.2. The client is responsible for the accuracy and legality of all content provided for inclusion on the Platform(s), including but not limited to text, images, videos, and any other multimedia elements.

 

4.3. The client is responsible for maintaining backups of their website and data. The Agency will not be liable for any loss of data or content on the Platform(s). Fees and Payment

 

5.1. The client agrees to pay the Agency the fees as outlined in the project agreement.

 

5.2. Fees for additional services or changes requested by the client beyond the scope of the initial agreement will be invoiced separately.

 

5.3. Payment terms will be as specified in the project agreement. Failure to pay invoices within the specified timeframe may result in suspension of Services until payment is received. Intellectual Property

 

6.1. The client retains ownership of all content provided for inclusion on the Platform(s).

 

6.2. The Agency retains ownership of all code, design elements, and other intellectual property developed by the Agency in the course of providing the Services, unless otherwise specified in writing. Confidentiality

 

7.1. Both parties agree to keep confidential any information shared during the provision of the Services, including but not limited to business plans, financial information, and proprietary technology. Termination

 

8.1. Either party may terminate the agreement with written notice if the other party breaches any material term of the agreement and fails to remedy the breach within 30 days of receiving written notice.

 

8.2. In the event of termination, the client will be responsible for payment of any outstanding fees for Services provided up to the date of termination. Limitation of Liability

 

9.1. The Agency will not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with the provision of the Services, including but not limited to lost profits, loss of data, or business interruption.

 

9.2. The total liability of the Agency for any claim arising out of or in connection with the provision of the Services, whether in contract, tort, or otherwise, will not exceed the total fees paid by the client to the Agency for the Services under the project agreement. Governing Law and Jurisdiction

 

10.1. These terms and conditions will be governed by and construed in accordance with the laws.

 

10.2. Any disputes arising out of or in connection with these terms and conditions will be subject to the exclusive jurisdiction of the courts of [Your Jurisdiction]. Photo and Video Shoots

 

11.1. The Agency may provide photo and video shoot services ("Shoots") as part of the Services, as specified in the project agreement.

 

11.2. The client is responsible for providing all necessary information, materials, and permissions required for the Shoots, including but not limited to location access, model releases, and any necessary permits or licenses.

 

11.3. The client is responsible for ensuring the availability and readiness of any individuals, products, or props required for the Shoots.

 

11.4. The client acknowledges that the success of the Shoots may depend on factors beyond the Agency's control, including but not limited to weather conditions, availability of locations, and the cooperation of individuals involved. 11.5. The Agency will not be liable for any delays or issues arising from factors beyond its control, including but not limited to those mentioned in section

 

11.4. 11.6. The client is responsible for providing clear guidelines and instructions to the Agency regarding the desired outcome of the Shoots, including any specific shots or scenes to be captured.

 

11.7. The Agency will retain ownership of all raw and edited photo and video files produced during the Shoots, unless otherwise specified in writing. Client Approval and Feedback 12.1. The client will have the opportunity to review and provide feedback on the raw and edited photo and video files produced during the Shoots.

 

12.2. The client agrees to provide timely feedback and approvals to the Agency to ensure the timely completion of the Services.

 

2.3. The Agency will make reasonable efforts to accommodate the client's feedback and requests for revisions, provided that they are within the scope of the agreed-upon Services. Usage Rights

 

13.1. The client is granted a non-exclusive, non-transferable license to use the final edited photo and video files produced by the Agency for the purposes outlined in the project agreement.

 

13.2. The client agrees not to modify, reproduce, or distribute the final edited photo and video files without the prior written consent of the Agency. Indemnification

 

14.1. The client agrees to indemnify and hold harmless the Agency from and against any claims, liabilities, damages, losses, or expenses arising out of or in connection with the Shoots, including but not limited to claims of copyright infringement or violation of intellectual property rights. Insurance

 

15.1. The client acknowledges that it is their responsibility to obtain any necessary insurance coverage related to the Shoots, including but not limited to liability insurance and equipment insurance. Payment Terms and Work Suspension

 

16.1. The client agrees to pay invoices upon receipt. The Agency holds the right to pause work if invoices are not paid promptly. No credit days are provided. Third-party Expenses

 

17.1. Viral Media Ltd. shall not be held accountable for the expenses associated with third-party software, platforms, or utilities utilized in any project. Service Commitments

 

18.1. These terms and conditions represent the service commitments of Viral Media Ltd. and do not require a signature for them to be effective.