Welcome to the “Growtop” website (the “Website”). The terms “we”, “us”, “our”, and “Growtop” a corporation organized under the laws of the State of California, and its subsidiaries. The term “you”, “yourself”, and “Purchaser” refers to the individual, and all legal entities associated with the individual, who views this Website and/or purchases the services and products offered by the Website. This Website, and all services and products you may purchase from us are conditioned on your acceptance of the terms and conditions set forth below, without modification (the “Agreement”).
By making payment you accept & agree to these terms and conditions, you will have created a contract which is legally binding and enforceable between us and you in a court of law.
Therefore, you should read this Agreement carefully. By accessing the information included in this Website, you agree you will use this Website in accordance with this Agreement. We retain the right, at our sole discretion, to deny access to anyone to this website and the services and products we offer, without reason, including, without limitation, for violation of this Agreement.
If you do not agree with all of the provisions set forth in
this Agreement, you should not continue to view this Website, and you should
not purchase any service or product from this Website. We recommend that you
return to this page on a periodic basis to review the current version of this
Agreement. We reserve the right at any time, and without notice, to modify this
Agreement, in which case your continued access to this terms and conditions
will keep you up to date with the latest version and constitute acceptance of
any modified Agreement.
2) The content and information on this Website, as well as the infrastructure used to
provide such content and information, is proprietary to us. You agree not to
modify copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, sell, or re-sell any
information, software, products, or services obtained from or through this
3) You acknowledge and agree to the following:
(i) that all of the information you provide to us is true,
accurate, current and complete; (ii) that you will not access, monitor or copy
any content or information of this Website using any robot, spider, scraper or
other automated means or any manual process for any purpose without our express
written permission; (iii) that you will not incorporate any part of this
Website into any other website without our prior written consent; (iv) that you
will not take any action which could, in our sole opinion, impose an
unreasonable load on our bandwidth; (v) you hereby acknowledge and agree that
the products and services we provide to you are for business purposes only and
that, by their very nature, business endeavors are subject to failure due to
events and circumstances beyond our control.
Our prices can change at any time.
Growtop is not responsible for any copyright issues that may
result. Growtop reserves the right to refuse any content deemed inappropriate
Growtop cannot predict or guarantee the approval of Video content on Facebook or Amazon. Growtop can only suggest and make revisions according to Facebook’s & Amazon’s ever changing compliance policy found here: https://www.facebook.com/policies/ads/
If client’s video does not get approved Growtop will allow up to 3 minor revisions to attempt to get the video approved. If unsuccessful, client may request a refund of 50%.
Pets may be unpredictable and cooperation is not guaranteed.
If a pet is uncooperative and additional production time is expended, the
client may be subject to additional fees and/or video delivery will be delayed.
Growtop cinematographers will perform their tasks to the best of their ability, but Growtop accepts no responsibility for unforeseen circumstances including but not limited to equipment failure, power outages, inability to attend and perform services due to illness, and/or any other situation beyond Growtop’s control. In the event that unforeseen circumstances occur, Growtop Cinematographers will use best efforts to provide similar services. Growtop’s sole liability in any case shall be limited to a monetary amount no greater than the total of monies paid by the Client.
6) REFUND POLICY & SATISFACTION GUARANTEE:
Client has up to 90 days to fulfill their order by sending their product to Growtop. After the 90-day period is up, their purchase may be credited to their account for purchase of another package and may be subject to pay the difference due to price increase, or Client may request a 50% refund of original purchase.
Refunds will be issued at a 50% payback of the original purchase price of appropriate content within 7 days after the refund has been approved. Client has up to 14 days after initial delivery to request a refund.
Rush Delivery fee is non-refundable. RAW footage purchased is non-returnable.
In a period of 21 days from the date of completion and
delivery of the video product, the original edited footage will be deleted.
Replacement of the video product due to loss by you will be considered as a new
purchase and full price must be received.
7.) DELIVERY DATE:
A review copy of the Video will be ready within 15 business days (minimum) from the shoot date, provided the Client has supplied Growtop with all necessary materials within a reasonable amount of time from Growtop’s request. These include, but are not limited to photos, interview schedules, etc. Client understands that any delay on Client’s part to deliver needed materials for the Video, or to schedule time to record interview sessions, may affect the final delivery date.
After purchase, customer has 60 days to ship us your product and fill out a questionnaire. It is not Growtop’s responsibility to remind customer to complete questionnaire or ship product. Questionnaire must be FULLY completed; if exited half way through, your video will not be fulfilled. It is customer responsibility to e-mail firstname.lastname@example.org to inquire about project details if questionnaire is completed + product is shipped. Customers must ship product with their name on it that matches the questionnaire filled out.
After 60 days and the Client has not shipped your product, the amount paid for the package will be credited to the Client’s account. If prices have increased since purchase, the Client will be responsible for the paying the remaining difference for the video package.
Any specific Client requests may delay delivery of Video.
These include but are not limited to specific actor demographics, specific
actor requests, script approval before production, specific scene requests,
off-location sets, etc.
It is the responsibility of the Purchaser to have all content of scripts, images, and video to be used in the constructed video and/or website to be approved prior to completion.
Here at Growtop we value your satisfaction and strive to provide the best client experience.
In order to maintain and preserve the quality of our service, we offer 3 minor revisions to your video – any additional revisions will be an additional cost.
Please include as much information as possible in each video revision request to keep your revisions to a minimum due to the lengthy process of revisions. Understand that every additional round of revisions will be extending the deadline of your project.
Three minor revisions include, but are not limited to:
* Minor Caption Modifications (Grammar, Font Choice, Style/Color, Sizing, Positioning, Removing, Adding, Stylization)
* Sequencing & Composition (Re-arrangement of Footage and Basic Framing)
* Effect Modifications (Remove or Replace Basic Effects or Transitions)
* Color Correction
* Sound Effects & Music Changes
Additional Revision Costs:
* Additional Scene
* In-House – $100
* Off Location – $200-$300
* 1 Additional Actor – $150
* Remove Captions – $20
* Complete Re-Edit – $100
* Language Translation – $75
* Complete Re-Shoot – $350
* Testimonial Re-Shoots – $30
* RAWS + Premiere – $300
* Dialogue Changes
* Major: Client want’s multiple sentences re-done – $100
* Minor: Client requests one line changes or
one sentence – $50
*PRICES CAN CHANGE AT ANY TIME
9) This Agreement may not be modified except by us as
provided in this Agreement.
This Agreement shall be binding on and shall inure to the benefit of you and us. You agree that the Dutch law will apply to all disputes arising in connection with this Agreement, this Website, and/or any product or service we provide to you. You hereby consent to the exclusive jurisdiction of the Court of Amsterdam, Netherlands or the Municipal Court of, Amsterdam as we may elect, for the adjudication of all disputes arising in connection with this Agreement, this Website, and/or any product or service we provide to you.
10) Special Provisions for Ownership
Growtop reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post production. The copyright of such recordings will belong to Growtop. Growtop has the right to use edited or unedited video files produced pursuant to these Terms and Condtions for promotional or commercial purposes, unless an alternative arrangement is made between Growtop and the Customer.
The copyright of such segments will belong exclusively to Growtop.
Raw Footage, video files, audio files, and edited video files will be retained for up to sixty (60) days only and will then be disposed of, deleted or erased. If at the end of 60 days Services have not been paid for, Growtop reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.
Product inventory is stored up to thirty (30) days only
after the order has been completed. After 30 days Growtop reserves the right to
donate/dispose of all product inventory unless requested by the Client to ship
back product, which they will be responsible for the $25 service fee + all
Client warrants that is has the full legal rights to any and all photography, film, or video images supplied by the Client to Growtop for use in the Video. Client agrees to indemnify, defend and hold Growtop and its officers, directors, agents, employees, representatives, associates and affiliates and each of them, harmless from and against any and all losses, costs damage, liability and expense, including reasonable attorney’ fees, arising out of any claim whatsoever, directly or indirectly, from the use of copyright images supplied to Growtop by Client.
Once the full fee has been paid, Client will have copyright ownership of the completed Video. Growtop may use any parts of it for valid business promotion (e.g. demo tape, demo video for Studio website, captured stills for web or additional marketing, etc). Full rights to the raw footage may be purchased for an additional fee of $300. Raw files and footage must be purchased within 60 days of video delivery or Growtop will have full rights to the raw files.
14) CREATIVE CONTROL:
Growtop will work with the Client to get feedback and input, but Studio retains creative control over the final Video.
Based on the Client’s chosen packages and creative requirements, the compensation to Growtop for the Video will be based on the prices displayed on our website or through custom quotes. Full payment is due at time of purchase.