TERMS & CONDITIONS

While using this website and services offered 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, or all Agreements: “Client”, “Customer”, “You” and “Your” refers to you, a person using services/ product of Motion Crux. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and we or either the Client or ourselves. Service and/or services refers to products and services provided by Motion Crux (including but not limited to designing, artwork, development, testing, documentation, illustrations, voiceover, animation, music, sound effects, consultation).

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 the provision of the Company’s stated services/products, in accordance with and subject to, prevailing Law. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

1.Disclaimer Exclusions And Limitations

The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

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.

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. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a client are affected.

2. Payment

Payments can be made via Checks, all major Credit/Debit Cards, UPI, and Bank Transfers. Payment terms are decided & agreed upon at the time of sales agreement and or discussion (verbal &/ or written). All services remain the property of the Company until paid for in full.

3. Late Payments

Payments that are made through credit/debit card or bank transfer as selected by the client should be defined initially to avoid any inconvenience like late or missed payments. Furthermore, it is the responsibility of the client to make sure that the company “Motion Crux” has up-to-date credit card or bank account details, and the payment method is authorized and in working condition for the payment of the services taken. 

4. Termination Of Agreements

Both the Client and Company have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded if work/ research, internal discussions have not been initiated.

Notice of cancellation required via email, Call and/or fax, or any other means will be accepted subject to confirmation in writing.

5. Links To This Website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

We do not monitor or review the content of other party’s websites that are linked to this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of those sites. We encourage our users to be aware when they leave our site & to read the privacy statements of those sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

6. Copyright Notice

Copyright and other relevant intellectual property rights exist on all text, images & portfolios relating to the Company’s services and the full content of this website.

This Company’s logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this website are trademarked.

7. Communication

Each of our clients has an assigned account manager/ client service manager and initial sales representative (at times, both the duties are performed by a single person). The company makes sure that the name, email, and phone number of the assigned person(s) is shared with the client. The company’s general contact information is mentioned on this website for new prospective clients and for existing clients who are unable to reach their assigned person(s). The general contact information can be used by anyone to contact the company.

8. Refund Policy

The company strives to provide the services to the best of its abilities. However, in case of any unforeseen event, the client holds the right to request a refund of the money paid to the company. The company is liable to process this request within a maximum of 60 days. The return request will be approved if it complies with the company’s refund policy.

The money will be transferred back to the client’s account either through the credit card account or to the bank account that was recommended by the client.

A full or partial refund will be made in the following circumstances:

  • Refund is requested within a 7-day time of initial preview delivery
  • If the first preview is completely not compliant with the creative brief of the client
  • If the team is not able to deliver the first milestone within the specified timeline
  • No revision round has been initiated yet

A full or partial refund will NOT be made for any of the following circumstances:

  • If the client does not respond within 7 days when the project cycle/milestone is achieved/delivered.
  • On a complete and delivered project cycle/milestone by the company.
  • After the first milestone is achieved and mutually agreed on
  • If revision/alteration is requested by the client regarding any of the services provided by the company. This applies to the complete service &/or package that was signed by the agreement
  • If the client or the client company discontinues the operations, changes its name or its activity.
  • If the refund is requested for any reasons that were made without involving the company “Motion Crux” in any way.
  • Change of mind: Definition of change of mind, a decision to reverse an earlier decision. Synonyms: flip-flop, reversal, turnabout. Types: afterthought, reconsideration, rethink, second thought, thought again about a choice previously made.
  • Partial Refunds: Partial refunds are subject to the decision based on the above conditions.

Note: Bank and refund processing fees are applicable on all refunds.

10. Project Stages

The company “Motion Crux” divides a project into the following milestones and payment cycles:

  • 50% on the Project Initiation
  • 25% on the Storyboard Approval
  • 25% on Animation Approval and before the Final Handover

The receipt of the project will be issued once the acceptance of the quote is done, the milestone is decided, the deadlines of the project, and terms and conditions are all agreed upon.

Motion Crux holds the right regarding the negotiation, processing, and refunding of all applicable fees.

11. Changes To Project Scope

  • The prices mentioned in the proposal only contain the work that is discussed by the customer service representative or project consultant.
  • If a client made a mind to change the scope of the project once the agreement is accepted. It is required that the client provides a written change order mentioning the details of the changes required.
  • Once the written change order is submitted to the company, the Project Manager will respond accordingly with a statement of revised terms that will consist of the details regarding any additional fee, changes in delivery dates, and if any change is needed to the terms and conditions agreement.
  • The Project Manager is only authorized to work beyond the original scope and if the client agrees to the modifications made to the new scope of the project.

12. Deadlines/ Timelines

Since the company offers unlimited revisions (as explained in point no.10), hence the deadlines/ timelines provided by the company are tentative and are not exact. The company cannot be held responsible for not meeting deadlines/ timelines if revisions/ feedback or approval are provided to the company after 12-14 working hours for any of the services. Delay in one revision/ feedback or approval will also affect the deadline/ timeline.

13. Intellectual Property

Every service and all of its elements provided by the company will be under 100% ownership rights of the company until you/ client has paid a completely decided amount. Upon 100% completion, you/ client will be 100% owner of the end result of service provided by the company to the client specifically for the project client/ you have paid for. The company will always have the right to reuse the elements created by the company for the client/ you, this does not include any designs, documents, artwork provided by the client/ you to be used in your project. The company will always possess the right to showcase the end result of service provided to you/ client on the company and its partners our work and portfolio section unless requested by client/ you in written format and signed by the company.

14. Limited Liability

The company has limited liability and is not responsible for any profit or loss you make from the services provided by the company. The company is only liable to provide the services company has been hired for.

15. Notification Of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.

16. Consent

By hiring Motion Crux to provide any services to you, you are accepting the privacy policy of the company. In case of any questions, concerns, or conflicts, please feel free to email the company at motiocrux@gmail.com

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.

17. Ownership Rights

The final video design/file belongs to Motion Crux until all the invoices are paid fully by the client. If the event of termination of the agreement takes place before the final delivery and payment, the design will remain with Motion Crux and the company holds the right to exhibit, re-use, and/or sell the video or its resources (after omitting the business name).

Although, once all the payments are made, the client has the right to use the video as per their need and purpose.

18. Promotion Rights

Motion Crux reserves the right to showcase the final product in their portfolio section available on the company website and share it publicly to different social/web platforms for the portfolio promotion purpose without any hindrance, until and unless the client provides it in writing not to showcase their work.

19. Delays

  • To keep the work in progress the client must cooperate with the team Motion Crux by providing the necessary information, material, and approvals on time. Any delays will result in the extension of delivery dates for the work agreed on in the proposal.
  • Any of the delays made by either party but not restricted to the natural disasters, acts of government, acts of God and fire, flood, and power failure will not be considered because of day for day extension of any performance due.
  • The project cost overruns within a standard project timeline that is of 3 months maximum, if caused due to miscommunication and/or inactivation of the project from the client’s side will be charged as $100 or 10% of the complete project cost.
  • All the pricing packages of the projects are of 3 months service level agreement, that is the prices are applicable for three months.
  • Unless otherwise mentioned in the contract or invoice, all projects are subject to suspension and termination. After 3 months, new charges apply to reactive projects, and Motion Crux reserves the right to continue or stop the project.
  • Once complete payment is made, the client will be allowed to get the complete project file and backup of the project.
  • Motion Crux holds no responsibility regarding any loss/damages that are caused by the delays, suspension, termination, or deletion of the projects whatsoever.