QuickFX

TERMS AND CONDITIONS

https://www.quickfx.com/terms_and_conditions
Last update: February 2016

Welcome to QuickFX.com.  QuickFX.com is an online portal for services performed by QuickFX for its clients (each a “Client”).

The following terms and conditions (these “Terms and Conditions”), govern your access to and use of the QuickFX website, including any content, functionality and services offered on or through www.QuickFX.com (the “Site”), by QuickFX, Engine Room, or any related organization, as applicable.

Please read the Terms and Conditions carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions.

If you do not want to agree to these Terms and Conditions, you must not access or use the Site.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the QuickFX services. By using this Site, you represent and warrant that you are of legal age to form a binding contract with QuickFX and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available [24/7 or specify hours] if you have any questions regarding the Site or Terms and Conditions. Contacting our Customer Support team can be performed by submitting a request here [add link].

OVERVIEW MAIN TERMS, IN A NUTSHELL

Only Clients who are registered users may place orders on QuickFX. Registration is free.

Orders are purchased after a quote for work is obtained and accepted by the Client.

Clients pay QuickFX in advance before the work is performed.

QuickFX will fulfill its orders and may not cancel orders on a regular basis or without cause.

Clients are granted all rights for the delivered work, unless otherwise specified by QuickFX.

While it is our goal to create the highest quality professional visual effects work, Clients acknowledge that QuickFX does not promise absolute photo-realism in our work or perfection of any kind, and may not be technically or artistically able to achieve every specific requirement or subjective goal. Clients also acknowledge that the technical quality and other specific limitations of the original elements provided by the Client have a direct relationship to the product beyond the control of QuickFX.

QuickFX will not use any published delivered works for QuickFX marketing and promotion purposes without the consent of the Client.

We care about your privacy. You can read our Privacy Policy below, which is part of these Terms and Conditions.

CLIENT BASICS

Clients request a specific service by adding a project (a “Project”) on the Client’s QuickFX Dashboard and providing specific requirements for the Project.

Once a Project is uploaded, the Client must request a quote for the Project.

Once QuickFX provides a quote and the quote is accepted by the Client, the Client must remit payment before QuickFX can begin production on the Project.

Client acknowledges that QuickFX’s work product on a Project will be performed at the sole discretion of QuickFX.

When production is complete, the Client will be notified to view the preliminary results of the Project.

If the Client accepts the Project as is, then the Project is considered to be final and completed.

If the Client requests additional work within the scope of the original Project quote, then QuickFX will perform the additional work at no charge to the Client.

If the Client requests additional work outside the scope of the original Project quote, then QuickFX reserves the right to demand an additional payment, in advance, before such additional work is begun.

QuickFX has the sole right to determine whether a request for additional work is within the scope of the original Project quote.

Technical Quality and Artistic Subjectivity in Digitally Composited Visual Effects:

  • QuickFX will deliver completed work at the same technical specifications as the material elements received from the Client.
  • While it is our goal to create the highest quality professional visual effects work. Clients acknowledge that QuickFX does not promise absolute photo-realism in our work or perfection of any kind, and may not be technically or artistically able to achieve every specific requirement or subjective goal.
  • Clients acknowledge that the technical quality and other specific limitations of the original elements provided by the Client have a direct relationship to the product beyond the control of QuickFX.
  • Clients acknowledge that the viewing of visual material is affected by the subjectivity of the viewer, for which QuickFX and its affiliates take no responsibility.
  • QuickFX recommends that final approvals be withheld until the completed work can be viewed on a source that is fully and technically suitable for the native resolution of the Client’s original material.
  • Clients acknowledge that QuickFX and its affiliates are neither responsible nor liable in any way for any possible outcomes where technical or artistic advice is offered by QuickFX and subsequently enacted on by the Client.

QuickFX will not use any published delivered works for QuickFX marketing and promotion purposes without the consent of the Client.

SHIPPING

Some of the services on QuickFX may be delivered physically. For these types of services, QuickFX may decide to add shipping charges. QuickFX can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

Important: Clients who order services that require physical delivery will be asked to provide a shipping address.

QuickFX does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.

Disputes and Cancellations

Order cancellations (when eligible) can be performed by Customer Support only up to a period of 7 days from order completion. We will not cancel orders after that time.

In the event of a dispute, you are encouraged to contact Customer Support for a resolution.

Customer Support can be contacted at 1-800-923-7044, or by emailing [email protected]

Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms and Conditions. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.

Eligibility to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms and Conditions, general misconduct, and improper usage of the QuickFX delivery system.

Orders are not eligible to be cancelled based on the quality of service/materials delivered by QuickFX if the service was rendered as described in the Project quote.

QuickFX reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

REFUNDS

QuickFX does not refund payments made for cancelled orders back to your payment provider automatically. Funds from order cancellations are refunded to the Client’s balance as credit and are available for future purchases on QuickFX.

Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will be refunded along with your deposit.

GENERAL TERMS

QuickFX reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms and Conditions or due to any illegal or inappropriate use of the Site or services.

Violation of QuickFX’s Terms and Conditions may get your account disabled permanently.

Users with disabled accounts will not be able to buy services on QuickFX.

Users who have violated our Terms and Conditions and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

QuickFX may make changes to these Terms and Conditions from time to time. When these changes are made, QuickFX will make a new copy of the Terms and Conditions available on this page.

You understand and agree that if you use QuickFX after the date on which the Terms and Conditions have changed, QuickFX will treat your use as acceptance of the updated Terms and Conditions.

USER GENERATED CONTENT

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to GuickFX by our Clients is User Generated Content.

QuickFX does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

QuickFX will deliver completed work at the same technical specifications as the material elements in the UGC received from the Client. Clients acknowledge that the technical quality and other specific limitations of the original elements in the UGC have a direct relationship to the product beyond the control of GuickFX.

OWNERSHIP

Ownership and limitations: Unless clearly stated otherwise on the quote provided by QuickFX, when the work is delivered by QuickFX to a Client, and subject to payment, the Client is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from QuickFX, and QuickFX waives any and all moral rights therein.

The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when U.S. Copyright Act does not apply, QuickFX expressly agrees to assign to the Client the copyright in the delivered work. All transfer and assignment of intellectual property to the Client shall be subject to full payment for the service and QuickFX reserves the right to refuse delivery of the work if payment is cancelled for any reason.

For removal of doubt, work delivered shall be the exclusive property of the Client, and QuickFX assigns all rights, title and interest in the delivered work.

QuickFX further confirms that whatever information it receives from the Client, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Client.

Furthermore, both QuickFX and its Clients agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to QuickFX, including service texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, will not be used by QuickFX for QuickFX marketing and promotion purposes without the consent of the Client.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WHILE QUICKFX IS TAKING ALL REASONABLE MEASURES TO PROTECT THE SECURITY OF THE SITE AND ITS CONTENT, NEITHER QUICKFX NOR ANY PERSON ASSOCIATED WITH QUICKFX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL QUICKFX, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.