Last Update on 9th March 2022
INTRODUCTION
Welcome to Mystery Monks!
By accessing and using the Mystery Monks website you accept the contents of this Agreement. If you do not agree to the Terms and Conditions of Use for this service, you may not use the mysterymonks.com website.
ACCEPTANCE
Mystery Monks operates mysterymonks.com and associated sites. Please read these Terms and Conditions of Use carefully. They govern your access to and use of mysterymonks.com, its content, and the services offered on or through it. These Terms and Conditions of Use constitute a binding legal agreement between Mystery Monks and you.
Your access or use of Mystery Monks website means that you have read and understood and agree to be bound by these terms and conditions of use. If you access or use Mystery Monks website on behalf of an entity, you represent that you have the authority to bind that entity, and these terms and conditions of use are the agreement of such entity. If you do not agree to these terms and conditions, then you have no right to access or use Mystery Monks’ website and its content or services.
MODIFICATION OF THESE TERMS OF USE
Mystery Monks will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our website www.mysterymonks.com. Mystery Monks will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue the use of the Service.
ENGAGEMENT
You agree to engage Mystery Monks in consideration for the packages, and Mystery Monks agrees to produce the deliverables to you under these terms and conditions. The material produced will be as per the directions of the client.
PURCHASING
You must complete your order by making a payment through the website. In addition, you can request a Custom Order which addresses your specific requirements and receive a Custom Offer through the Mystery Monks sales team.
APPROVALS
Once payment is confirmed, your order will be created, and Mystery Monks may contact you for further information. You can connect with Mystery Monks through email or phone for discussing your requirements with the Mystery Monks project manager or creative director. Mystery Monks will provide you with a draft edit of the video/s for approval within the prescribed time limit.
CHANGES OR AMENDMENTS
You must notify Mystery Monks in writing of all proposed changes within certain days of receipt of the draft copy. Mystery Monks shall provide you with a draft copy of an edited video file within 24-48 hours after receipt of the proposed changes. You will be incurred additional charges if you want changes in features approved at a particular stage of production.
CONFIDENTIALITY
Mystery Monks shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under this Agreement except as may be required by a court or governmental authority.
PROJECT DELAYS
Any estimate of the date by which Mystery Monks will complete any part of the Services is contingent upon you providing complete instructions to Mystery Monks and fully cooperating with Mystery Monks until Mystery Monks has ceased providing Services to you. Mystery Monks will not be liable for any delays which are beyond the scope of Mystery Monks such as equipment failure or third-party delays or, any other reason which is not the direct fault of Mystery Monks. If you fail to pay a milestone in the specified time period, Mystery Monks reserves the right to stop the production process without any obligations toward you.
DELIVERABLES
You will receive high-quality audio and video files after the completion of the production. Raw materials or source files will also be delivered to you unless mentioned in the package. You will receive the output files without the watermarks upon paying the full amount of orders or invoices.
DISPOSAL
Raw Footage, video files, audio files, and edited video files will be retained for up to six months only and will then be disposed of, deleted, or erased. If you fail to send a response for any queries or approvals within 10 working days, Mystery Monks does not make a guarantee of retention of your raw footage, video files, audio files, edited video files, recorded materials, and finished works.
MATERIAL OWNERSHIP
The Raw materials, video files, audio files, and edited video files remain the property of Mystery Monks until full payment is made for the Services. Where Services remain unpaid or if final agreed payment is not made, Mystery Monks reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works.
COPYRIGHTS
When the work is delivered by Mystery Monks, and subject to payment, you are granted all intellectual property rights, including but not limited to, copyright in the work delivered by Mystery Monks, and Mystery Monks waives any and all moral rights therein. Accordingly, Mystery Monks expressly assigns you the copyright in the delivered work. All transfer and assignment of intellectual property to you shall be subject to full payment and the delivery may not be used if payment is canceled for any reason.
LIABILITY AND WARRANTIES
In no event will Mystery Monks, its affiliates or their licensors, service providers, employees, agents, 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 site, any websites linked to it, any content on the site or such other websites or any services or items obtained through the site 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.
Mystery Monks will use all due care and diligence in providing the service to you. Mystery Monks shall provide original content to you and must not infringe any copyrights of concerned persons. Mystery Monks shall not deliver materials that are defamatory to you.
ASSIGNMENT
Mystery Monks reserves the right to assign or subcontract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or subcontract for the performance of services selected under the package provided on the website.
REFUND POLICY
If you are dissatisfied with the services of Mystery Monks and have requested revisions, but Mystery Monks failed to incorporate the revisions, you can get a full refund within 7 working days. Once a refund is issued, no legal rights will be allotted to you on deliverables created by Mystery Monks.
PRICING
You can choose different packages on the Mystery Monks website and opt for different services available as per the packages. You will be charged an additional cost (pro-rata per-second basis or pro-rata 15-second basis) depending upon the package selected if the video duration exceeds as mentioned in the order. You must pay additional charges if you request services other than standard voice options. You will be charged an additional cost (25% of order value) if the number of revisions exceeds the revisions mentioned in the packages.
PAYMENT
You will be issued an invoice by Mystery Monks in respect of services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice.
TERMINATION
Mystery Monks will terminate the services to the client if you have failed to perform the obligations under the terms and conditions. If you fail to send a response for any queries or feedback within 10 working days, Mystery Monks will automatically consider the project as complete and you will be liable to pay the remaining amount of your order or invoices.
PRIVACY POLICY
Mystery Monks will not disclose personal information except mentioned under the terms and conditions without your written consent. Mystery Monks will not make unlawful or unauthorized use of your data. Mystery Monks will notify you if there is a breach of personal data.
GOVERNING LAW
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed under the laws of India.