Terms of Service
Thanks for using us for your project(s)!
By using us and paying all or part of the invoice from Envy Creative, you hereby agree to these Terms and by paying all or part of the invoice, this will act as a legal and binding agreement, voiding any sections in any prior agreements covering the certain matters in these Terms of Service.
Envy Creative (“we,” “our,” “us”) provides and offers video planning, aspects of video production, full service video production, video editing, video delivering, photography, photo editing, graphic design, website design, social media management, social media updating, showing finished videos, photos, websites and designs through the website www.thinkenvy.com and the other Envy Creative sub-websites (we’ll refer to these as “Website”) and other third party websites and other services that may not be listed above. All use of any Service by Envy Creative (listed or unlisted above) is subject to these Terms. The services above are owned by Mike Vannelli. Independent contractors are occasionally hired for services. As a customer of a service, you are a “Client” (or “you”). Any Client ordering a service or otherwise using the Services acknowledges that he/she/they have read, understood, and agree to be bound by these Terms and by paying all or part of the invoice sent by Envy Creative, this will will act as a legal and binding agreement, voiding any sections in any prior agreements or contracts covering the certain matters in these Terms of Service. If you do not accept these Terms, you shall not be able to use our Services.
“Production” refers to products produced by Envy Creative using Conversations and Outlines discussed by us and the Client.
Conversations and Outlines
“Conversations and Outlines” refer to the information provided by Client with the submission of Assets via email or any other platform available in the past, present or future. Information in this section such as, but not limited to, names, titles, actors, premise (if provided), concepts (if provided), developments, voiceovers, mockup designs, sample designs, sample audio, filler text, stock footage, stock photos, watermarked assets, scripts (if provided), shot lists (if provided), logos, animations and end screen text will be applied to Production as provided by Client. Additional instructions will be followed based on the best interpretation by us. We reserve the right to request additional information in order to provide the best possible Production. If the Client does not provide assets, graphics, text, images, a premise, idea, features needed to be shown, concept, storyboard, screenshots, download link, shot list or script, we shall create some or all of the needed assets to complete the production to the best of our ability and within reason. These assets created by us will be the property of Envy Creative. If we are required to signed a Nondisclosure Agreement prior to beginning work on the Client’s product, you understand that if any subject matter from the Nondisclosure Agreement is covered in these Terms of Service, those sections of the Nondisclosure Agreement will be void and overwritten by the sections of these Terms and Conditions. If the Client is unhappy with the final product, they will be able to ask for revisions. Please see section below regarding revisions.
“Assets” refer to content provided by Client that is submitted via email or any other platform or delivery method available in the past, present or future. The provided content should include Assets in order to produce a Production. We reserve the right to request that a larger amount of Assets be resubmitted in order to provide the best possible Production.
The Term begins from the time the Client pays part or all of the balance of the sent invoice and continues through the completion of Production. If you have paid part or all of the invoice balance, this means that you have agreed to these binding Terms. If you pay Envy Creative on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on that company’s or entity’s behalf. If we have not been contacted by the client within 30 days of the last delivered final product, the term shall end and the project shall be deemed completed and will be closed. This will signify the end of the Term. If the client contacts us after this 30 day period, after the project is marked as completed, according to these terms, additional fees may apply to reopen the project, make changes, make revisions or facilitate the client’s requests. The amount of these additional fees are at the sole discretion of Envy Creative. By doing this, the client will begin a new Term. This will not be a continuation of the Term that has been completed. Envy Creative reserves the right to deny reopening the project.
Production will begin following payment for the Production. The time until actual delivery of the final product varies. We will give an estimated delivery time when discussing the project. This estimated delivery time may be under the “Schedule” section or the section that conveys the delivery time. This estimated delivery time will, in no way, be set as the final delivery date. Delivery times may be delayed due to holidays, holiday seasons, conflicts with other party’s schedules (such as studios or actors) or the inability to move forward with the production due to a lack of assets from the Client.
Fees & Payment
Envy Creative reserves the right to charge fees for the client’s use of the Services, as described during the Conversations and Outlines process or on the Website. We are not obligated to provide refunds for the Services, upgrades or downgrades for any reason. If Envy Creative has started work on the project and and the client wishes not to continue or cancel the service, we are not obligated in any way to give any deposit refund, full or partial. It is at the sole discretion of Envy Creative to provide any refunds. By paying part or all of the invoice balance from Envy Creative, you agree to this. We may provide a refund if the cause for the refund request is reasonable. By default, a 50%, non-refundable deposit is due for any invoice totaling the amount of $500 or more. If the Client has a NET 30 (payments will be made within 30 days of receiving the invoice) or NET 15 (payments will be made within 30 days of receiving the invoice) policy, Envy Creative may request between a 25% and 75% deposit. Any invoices $500 or under are required to pay 100% in full, upfront. Services such as graphic designs or social media work may have an hourly rate. This hourly rate may differ. The amount of hourly rate cost is at the sole discretion of Envy Creative. A yearly fee is charged for website hosting and maintenance. If the client wishes to have additional work or services done that exceed the original agreed amount, additional fees may apply. The amount of these fees will be at the sole discretion of Envy Creative. These fees may be differ based on the client or project. Payments take effect immediately and may show up including MIKE VANNELLI or ENVY CREATIVE in the name of the charge (or something similar) on your statement. The types of electronic payments Envy Creative accepts Visa, MasterCard, Discover, American Express, PayPal and Bank Transfer. We also accept checks as a form of payment. We may accept cash in some cases. If you would like to pay by cash, please ask first. If paying by check, production may be delayed until the check is processed and cleared. Currently, all payment are done through an invoice service provided by GoDaddy BookKeeping which uses payment processing services like Dwolla, PayPal and Stripe. If a remaining invoice balance or payments are not received after the Client expresses that he/she will be paying the remainder, the Client has received and un-watermarked version of the final product or work has been done per the Client’s specifications and we have not heard from the Client, the invoice and all the Client’s information may be sent to a 3rd party collections service to try to obtain the remaining balance. An additional fee for this service may be charged to the Client. For fees and payments regarding revisions or additions, please see the Revisions section.
Rights & Responsibilities
The Client agrees to a cheerful and non-confrontation cooperation and communication for the best possible result of Productions. It is understood that the Client acts as an agent for any individuals represented in any manner by any Assets submitted to Envy Creative. Client agrees that it will not submit, post, place or transmit any of the following material in Assets:
- Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
- Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable.
- Any material sent from an anonymous or false address.
- Any material that promotes bigotry, racism, hatred or harm against any individual or group.
- Any digital files that contain malicious data such as viruses, malware, etc.
Envy Creative reserves the right to refuse any Assets provided by Client for any reason.Envy Creative reserves the right to terminate these Terms at any time for any reasonable cause, i.e. accident, issues with subcontractors, issues with actors, issues with third party schedules, ill health or an act of God. In this unlikely event, money paid for services not yet rendered will be refunded in full. Envy Creative’s liability is limited to refund of no more than the money paid. This includes the client requesting additional money for pain or suffering.
Client declares that all materials submitted to Envy Creative for assets are not in violation of any copyright or trademark laws. The Client will indemnify and hold Envy Creative harmless in respect to any claim of violation of such laws. Client must have either created all Assets, have the permission of the copyright owner to duplicate them or have permission for Envy Creative to use the Assets. Envy Creative may request confirmation of the copyright or trademark ownership from the Client. If Envy Creative does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Assets, we reserve the right to: (i) suspend the Services relating to the Assets in question, and/or (ii) share the Client’s information with governmental organizations, law enforcement authorities or other third parties. If a Client disputes any copyright or trademark infringement claims, Envy Creative will share the contact information of any party claiming any such infringement. In the event of any such dispute, Envy Creative reserves the right to suspend the display, viewing or sharing of any Assets until the issue has been resolved. Client hereby grants to Mike Vannelli and Envy Creative a unlimited, non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute the Assets for the purpose of delivering the Services.
Client grants to Mike Vannelli and Envy Creative unlimited, non-exclusive, royalty-free license rights to use, show and/or publish graphics and other video elements as examples of Mike Vannelli’s and/or Envy Creative’s work in his/its portfolio and as content features in other projects, including the right to include Client’s name or project name on customer lists and to issue press releases in which the relationship between Mike Vannelli or Envy Creative and Client and a description of the project may be described.
Client warrants that all moral rights in any Assets have been waived and do hereby waive any such moral rights. In the event that the invoice balance is not paid within 30 days of the last communication with the Client, all assets made by and assembled by Envy Creative shall transfer all copyrights too and become sole property of Envy Creative or Mike Vannelli, not including the source assets provided by the Client. The Client may obtain the rights to and property after the 30 day period by paying the remaining invoice balance plus a possible additional late fee. The amount of this late fee is at the discretion of Envy Creative based on the amount of recovery and data that must be obtained. If the Client has received a finished product from Envy Creative and has published said finished product for public viewing without paying the remaining invoice balance, the Client is violating the Digital Millennium Copyright Act by publishing content that the Client does not hold any rights to. In this event, the client may be have legal action taken toward them. In the event that the Client requests the digital footage files from the project Envy Creative has done with them, the Client shall not use that footage in any negative manner toward Envy Creative, its associates, Mike Vannelli’s family, friends, acquaintances, other Clients, services, business or business practices including indemnification, bad reviews, slander or any other method that would reflect negatively to the parties listed previously. The Client also agrees to use said digital footage files for only its intended purpose. The client may be required to pay an additional fee for the digital footage delivery due to the cost of online storage fees or physical media costs and production.
Liability & Guarantees
Envy Creative’s liability is limited to refund of money paid. We will not be held liable for any problems beyond its control or in the error of the Client. We make no guarantees, either expressed or implied, in regards to the quality of specific shots/events or aesthetic qualities of each Production. Envy Creative will strive to produce the best creative and quality of shooting style within it’s power, skill or resources. Creative aspects or editing style are at the discretion of Envy Creative. In some cases, problems may arise due to third party interference. In these cases, a refund is at the sole discretion of Envy Creative.
Limited and Extended Usage Rights for Finished Works with Actors
Envy Creative and Mike Vannelli owns the copyright to the finished work and grants the Client limited usage rights to the delivered production(s). This means that the Client is allowed to show the production(s) anywhere except Television, Film, Radio or any other mass medium now or in the future. If the client wishes to show the production(s) on Television, Film, Radio or any other mass medium now or in the future, the Client is required to obtain a written letter of extended usage rights from Mike Vannelli and/or Envy Creative. A separate fee will be charged for this permission of rights letter. The amount for the fee charged for the letter will be decided at the discretion of Mike Vannelli and/or Envy Creative based on the project type, size, number of stations (channels) to be broadcast on, length of broadcast (in months), length, other variables based on the project and amount of principal actors. The Client is required to obtain another extended usage rights letter from Mike Vannelli and/or Envy Creative if the Client wishes to show the production(s) on Television, Film, Radio or any other mass medium now or in the future, if any of the stipulations of the prior extended usage license changes including extending the length of broadcast (in months), the number of stations (channels) the be broadcast on, etc. If the Client shows the production(s) on Television, Film, Radio or any other mass medium now or in the future without the written extended use permission from Mike Vannelli or Envy Creative, we reserve the right to pursue the Client for fees and may result in legal action toward the client. Envy Creative grants limited usage rights to the Client for delivered graphic design work. The Client may use the design works for the design’s intended purpose online. If the Client wishes to re-sell the graphic design, such as making prints to sell with a physical product, the Client must obtain an extended usage rights letter from Mike Vannelli and/or Envy Creative. A fee will be charged for this permission of rights letter. The amount of fees charged for the rights will be decided at the discretion of Mike Vannelli and/or Envy Creative based on the project type and other variables based on the project. If the Client sells or attempts to sell the delivered design without the written permission of Mike Vannelli and/or Envy Creative, we reserve the right to pursue the Client for fees and may result in legal action toward the client. Mike Vannelli and/or Envy Creative is permitted to show the finished products as samples of his/its work anywhere at anytime, through any medium, now or in the future. By agreeing to these Terms of Service, you agree to this. If Mike Vannelli and/or Envy Creative has signed a Nondisclosure Agreement regarding a project, we will wait 30 days before showing the final product, unless the client show it within that timeframe. In this case, we may show it immediately afterward.
Residuals and Royalties for Actors
In the event that the Client obtains written consent for extended usage rights for the Client’s production(s) and distributes or shows the production(s) Television, Film, Radio or any other mass medium now or in the future, the people involved in the production(s) may be owed residuals or royalties. These shall be separate terms discussed on a per-production basis.
Usage Rights for Finished Works without Actors
Finished works that does not involve actors or does not involve the hiring of actors, includes but not limited to interviews, concerts, ceremonies, shopping video and live productions. For the work types listed (or not listed) above, Envy Creative and Mike Vannelli grants full copyright of the finished work including unlimited usage rights to the delivered production(s). The Client agrees to only use the works for the intended purpose.
In the event that Client is not satisfied with any Production, revisions must be requested to us within 30 calendar days of the delivery of the Production. If the revisions consist, but are not limited to, text/graphic changes or simple editing changes, the Client will not be charged an additional fee unless the changes are for a graphic design, website design or social media work. In this case, the Client will be charge an hourly rate. In regards to website designs, we offer one hour of updates and maintenance to the websites Envy Creative hosts and designs without incurring any charges. The hourly rate shall come into play if that previously described hour of maintenance and updates has run out. The previously described one hour of updates and maintenance expire every month and are non- transferable and may not be stacked. If the Client wishes to have such revision as, but not limited to, re- shooting or complete re-editing, the Client may be charged an additional fee for the service at the discretion of Envy Creative. If the Client wishes to not continue with the production, the Client may not have to pay the remaining 50%. If the client has paid 100% upfront for the production, the Client may have the option to receive a partial discount on future orders. The Client shall not be offered a full refund for 100% upfront payments to projects. After thirty calendar days, we are not liable for any requested changes. In the unlikely event that Client is still not satisfied with the Production after revisions, the Client may choose to (i) continue with additional round(s) of revision at an additional cost or (ii) accept the Production as is. Envy Creative will not be obligated in any way to deliver the master (un-watermarked) video file to the Client until the invoice balance is paid in full. If the Client has sent any assets that require shipping fees and needs the items returned, the Client is responsible for providing the return shipping fees or pre-paid service, regardless of whether the Client is satisfied with the final product or not.
Client agrees to defend, indemnify, and hold harmless us from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from Client’s breach of these Terms or access to, use or misuse of the Services. We shall provide notice to Client of any such claim, suit, or proceeding. Envy Creative reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, Client agrees to cooperate with any reasonable requests assisting Envy Creative in defense of such matter.
The trademarks, service marks, and logos of Mike Vannelli and/or Envy Creative used and displayed on this Website are registered and unregistered trademarks or service marks of Envy Creative. Other company, product, and service names located on the Website may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with Envy Creative Trademarks, the “Trademarks”). Nothing on the Website or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the prior written consent of Envy Creative specific for each such use. The Trademarks may not be used to disparage Envy Creative or the applicable third-party, Envy Creative or third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without prior written consent. All goodwill generated from the use of any Envy Creative Trademarks shall inure to Envy Creative’s benet.
External Links and Videos
The Website contains links to third party websites (“External Links”) and embedded items using engines and technology from third party websites. These links and embedded items are provided solely as a convenience to users and not as an endorsement by Envy Creative.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials show by Envy Creative infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA.
Notices and counter notices with respect to the Website should be sent to: firstname.lastname@example.org
These Terms are governed by the substantive laws of the County of Ventura in the State of California in the United States of America. The Services are available only to individuals or organizations that can form legally binding agreements under applicable law. If a Term is started with an individual or organization that cannot form legally binding agreements, Mike Vannelli and/or Envy Creative shall not be liable for any action toward them for this instance. The individual or organization shall be 100% liable for this. The Client agrees to submit to the exclusive personal jurisdiction of the state and federal courts in the State of California. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure of Mike Vannelli and/or Envy Creative to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against Mike Vannelli and/or Envy Creative unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. These Terms constitutes the entire Terms between Client and Envy Creative with respect to the subject matter, and supersedes all previous or contemporaneous Terms, whether written or oral, between the parties with respect to the subject matter unless the Term is started as a new Term after the original Term was closed, as stated in the Term section of these Terms of Service. The section headings in the above Terms of Service are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benet of our successors, assigns, licensees, and sublicensees. Envy Creative may change these Terms at any time without prior notice. A current, effective copy of these Terms may be read at any time by selecting the “Terms of Service” link at the bottom of www.thinkenvy.com or can be found at the URL address: www.thinkenvy.com/tos, which is clearly included to all invoices from Envy Creative. If any change to these Terms is not acceptable, the sole remedy is to cease accessing, browsing and otherwise using the Services.
By using Envy Creative and/or Mike Vannelli and paying all or part of the invoice, you are agreeing to all the above Terms of Service.