Service Agreement and Terms of Service

Service Agreement

We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

So in short;

As a Customer, you are hiring us, Edit Pods LLC (“We, Us, or Our”) to perform the services outlined in the attached document for the full price in said document.

Of course it’s a little more complicated, but we’ll get to that.

What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll deliver the assets and information we need to complete each project. This will need to be done in the manner we ask, and provide it in the formats we ask for. In addition, you have the authority to sever this contract at any time. Since services are always pre-paid, refunds are given in the event of cancellation per the refund policy in this document

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll maintain the confidentiality of everything you give us and endeavor to meet every deadline that’s set, except in cases where doing so is impossible due to circumstances beyond reasonable control. We also have the authority to sever this contract at any time, void of reason, and will refund per our refund policy.

Description of Services:

[We’ll send a description of services with your order]

Please note, within the standard one-off or monthly packages we do not include the removal of all “umms” “ahhs” and filler words unless you provide specific instructions to do so (some of our clients like to leave it in to sound natural). That being said we will remove all long pauses or sections that were clearly not meant to be included in the final cut by default.

Specify regions that need to be cut or edited in timestamp format (i.e. Cut 2:47-3:24, Add 30 seconds of silence at 18:44, Add mid-roll message at 23:17, etc.)  If you would like breaths or specific noises or filler words removed please let us know what the noises are and where to find them. If we do not hear from you the only things we will remove in the cutting phase of editing are dead air and sections that were clearly not intended to be included in the finished product.

Within all of our editing packages,  episodes are limited to 90 minutes. Any episode over 90 minutes will be addressed on a case-by-case basis.

Captioned Videos

Please specify the range you would like us to pull the captioned video from. If you do not provide a section for us to look within, we will select a section that we feel does a good job at hooking the viewer’s attention. If you are not happy with our selection, there is a $10 fee for us to redo it with a brand-new section.

Payment

Payment is made upfront before service begins, and is completed per the attached description of services.

You acknowledge that the information provided in our initial estimate is complete and accurate, and that you have two options for handling overages:

1: By default, you must purchase additional services for any requests made outside the scope of the initial estimate. If any additional services must be purchased to complete your request, We will notify you of additional charges needed in a prompt manner, how to handle it, and to confirm your request in writing.

2: You have the ability to authorize Edit Pods to charge your account for all overages, and to receive reports of these expenses as they occur. For authorization of overages, we will provide a separate document.

Subcontractors

In the event we need to hire subcontractors, this will not affect our responsibilities to deliver. We would only do this if we have an overflow and cannot keep up with demand based on how ong it takes to train our editors. We do have a subcontracting company that we work with in the event of overflow. They will provide us with trained audio and video specialists to continue to provide quality work to our clients.

We take full responsibility for any work done by subcontractors within the scope of services, as it is for work done by its own employees. We will have written agreements with subcontractors that contain, at a minimum, clauses that are the same as or comparable to the sections of this Contract regarding ownership rights and confidentiality of your materials.

Working Relationship

This contract does not imply a Business Partnership or Employment of Michael Cavaggioni or any other Staff/Subcontractors employed by Edit Pods.

Refund Policy

This section covers two different events where refunds are given.

1: Unused Services, and 2: Service Failure

Unused Services:

Since all services are prepaid, you are obligated to a refund according to your purchase structure.

These are described below:

One-Time Orders:

You are obligated to a full refund of your purchase within 24 hours, provided that we haven’t started on your project yet.

Custom Bulk Purchases:

You are obligated to a full refund of your Bulk Purchase within 0-7 days of package charge, and No Refund 8 days and over. Refunds are forfeit for any services rendered from your Bulk Purchase.

Monthly Subscription Packages:

You are obligated to a full refund of your unused package within 0-2 days of package charge, 50% refund within 3-7 days, and No Refund 10 days and over. Refunds are forfeit for any services rendered from package purchase. Any processing fees charged by payment processors are non-refundable.

Our basic packages include up to 4 episodes per month. If 4 episodes have not been redeemed by the end of the pay period, the episodes are not able to be transferred over to the next month’s orders and/or refunded. To ensure that you are able to maximize your orders every month, you must press the “new episode” button in the orders section to request your 4 episodes before they expire. Once requested, your orders will appear as pending on your dashboard, allowing you to use them whenever you’d like. If for some reason you haven’t requested your 4 slots before the end of the pay period, we are unable to provide a refund or credit those orders back to your account.

Service Failure:

We will always try our best to fulfill your needs and meet your expectations outlined in the description of services.

However, if a service is not up to your standard of quality, we will revise our work until it’s just right – up to a reasonable expectation for the industry. In the event that requests that we deem “unreasonable expectations” come into play, we have the authority to sever this contract and will provide a full refund of services rendered for that particular project only.

Although we will take every measure to ensure your satisfaction, no company is perfect.

In the event of failure to deliver projects before deadlines (except in Force Majeure), you are obligated to a full refund of the services rendered within 0-7 days of delayed project delivery.

All refunds must be requested in writing within the time constraints outlined above.

Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright, and related rights, trademarks, service marks, trade names, internet domain names, rights to goodwill or to sue for passing off, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of audio, music, writing, or other assets you provide are either owned by your good selves, or that you’ve permission to use them. When you provide audio, music, writing, or other assets to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide any audio, music, writing, or other assets to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll also own the source files, which are available to purchase upon request. You’ll own the Podcast Episode Audio File, Show notes, Audiogram, Transcription, or other deliverables, in addition to the unique combination of these elements that constitutes a complete Podcast Episode, Show notes, and/or Transcription, or other deliverable.

Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our work, including any and all deliverables, testimonials, and client feedback for marketing materials.

Legal stuff

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified staff with relevant experience.

That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

But where’s all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

This contract supersedes all previous understandings and agreements between us, and neither of us will rely on any assurance except those set out in this contract. We both waive all rights and remedies which may arise as the result of a party’s reliance on previous understandings of our working agreement.

Although the language is simple, the intentions are serious and this contract is a legal document for all parties involved.