Terms of Service

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.

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. By accessing or using our website, you agree to comply with and be bound by these Terms of Service. Please read them carefully before using our site.

1. Acceptance of Terms

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.

By accessing Editpods.com, you agree to abide by these Terms of Service and all applicable laws and regulations. If you do not agree with these terms, you are prohibited from using or accessing this site.

2. Services

We provide Audio and Video Editing, Social Media Management, and Website Building Services (“Services”). By using our Services, you agree to provide accurate, complete, and current information about yourself as prompted by the service registration form. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.

[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 a 90 minute maximum. 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:
    • 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.
    • 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 Edit Pods LLC or any other Staff/Subcontractors employed by Edit Pods LLC.
  • Refund Policy. This section covers two different events where refunds are given. Unused Services and 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.

3. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Editpods.com for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • Modify or copy the materials;
  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • Attempt to decompile or reverse engineer any software contained on Editpods.com;
  • Remove any copyright or other proprietary notations from the materials; or
  • Transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Edit Pods LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4. 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 deliverables and grant Edit Pods LLC the right display any and all deliverables for marketing materials.

All content, including but not limited to text, graphics, logos, images, and software, on Editpods.com is the property of Edit Pods LLC or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Unauthorized use of the content may violate copyright, trademark, and other laws.

5. User Content

By uploading, submitting, or otherwise disclosing or distributing content of any kind to Editpods.com, you:

  • Grant Edit Pods LLC and its affiliates a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content;
  • Represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify Edit Pods LLC for all claims resulting from content you supply.
  • 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.

6. Limitation of Liability

In no event shall Edit Pods LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Editpods.com, even if Edit Pods LLC or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

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.

7. Revisions and Errata

The materials appearing on Editpods.com could include technical, typographical, or photographic errors. Edit Pods LLC does not warrant that any of the materials on its website are accurate, complete, or current. Edit Pods LLC may make changes to the materials contained on its website at any time without notice. However, Edit Pods LLC does not make any commitment to update the materials.

8. Links

Edit Pods LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Edit Pods LLC of the site. Use of any such linked website is at the user’s own risk.

9. Site Terms of Use Modifications

Edit Pods LLC may revise these Terms of Service for its website at any time without notice. By using this website, you agree to be bound by the then-current version of these Terms of Service.

10. Governing Law

Any claim relating to Edit Pods LLC shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

11. Privacy Policy

Your use of the website is also subject to our Privacy Policy. Please review our Privacy Policy, which also governs the website and informs users of our data collection practices.

12. Indemnification

You agree to indemnify, defend, and hold harmless Edit Pods LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to your use of the Services, your violation of these Terms and Conditions, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.

13. Termination

We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Entire Agreement

These Terms of Service constitute the entire agreement between you and Edit Pods LLC regarding the use of the website and supersede any prior agreements between you and Edit Pods LLC relating to your use of the website. 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.

15. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Edit Pods LLC
info@editpods.com

By using our Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.