TERMS AND CONDITIONS
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.
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.
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 10 days from order completion. Cancelation requests submitted after 10 days, must be negotiated and approved by Customer Support.
In the event of a dispute, you are encouraged to contact Customer Support for a resolution.
Customer Support can be contacted at Customer Support
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.
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.
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 QuickFX 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 QuickFX.
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.
THE SHORT VERSION
At QuickFX we care about your privacy. We do not sell or rent your personal information to third parties. We do not disclose it to others except as required to provide you with the services of the QuickFX.com Site, meaning - to allow you to buy, sell, share the information you want to share on the Site, pay for products and services, post reviews and so on.
We collect information that you provide us or voluntarily share with other users, and also some general technical information that is automatically gathered by our systems, such as IP address, browser information and cookies to enable you to have a better user experience and a more personalized browsing experience.
Information that you provide us in the process of the registration will remain private and secure - including your contact information.
Technical information that is gathered by our systems, or third party systems, automatically may be used for Site operation, optimization, analytics, content promotion and enhancement of user experience.
We may use your information to contact you - to provide notices related to your activities, or offer you promotions and general updates, but we will not let any other person, including sellers and buyers, contact you, other than through your user login.
THE LONGER VERSION
QuickFX respects your privacy and is committed to protect the personal information of its users – clients and visitors browsing the site ("Users"). We believe that you have a right to know our practices regarding the information we may collect when you visit and/or use our website [www.QuickFX.com] (the "Site").
Information We Collect
When you register to the Site we ask you to provide certain personal information, including a valid email address, location and username. We may collect additional information such as physical address and additional authentication information, to provide you with the services you need (such as payment or withdrawal of funds, sending physical goods), or to ensure marketplace integrity (for example, prevention of fraud). We collect information to provide better services and enhanced user experience to all of our Users.
In addition, we collect information while you access, browse, view or otherwise use the Site. In other words, when you access the Site we are aware of your usage of the Site, and may gather, collect and record the information relating to such usage, including geo-location information, IP address, device and connection information, browser information and web-log information, and all communications recorded by Users through the Site. We use that information to enhance user experience, personalize your browsing experience as well as monitor the Site for fraud and inappropriate content or behavior. We may also collect supplemental information obtained from third parties such as demographic and navigation data.
How do we collect Information?
How do we use the Information collected?
We retain information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Site terms and take other actions permitted by law.
Sharing Personal Information with Third Parties
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
We may combine your personal information with information we collect automatically or obtain from other companies and use it to improve and personalize our services, content and advertising. If you do not wish to receive marketing communications from us, you can opt-out through the link attached to each communication or by sending an email to Optout@QuickFX.com.
We may provide your personal details to third parties, only in order to operate the Site, and prevent fraud and illegal activities, as detailed below:
- to service providers for the purpose of opening, operating and servicing your account (example - payment vendors, CRM systems, mailing systems or technical consultants);
- to respond to a subpoena or court order, judicial process or to regulatory authorities; and
- to protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities.
Cookies and Local Storage
When you visit the Site, we may use industry-wide technologies such as "cookies" (or similar technologies), which store certain information on your computer and which will allow us, among other things, to enable automatic sign-in to the Site, make your browsing much more convenient and effortless and allow us to test user experience and offer you personalized browsing or promotions.
You may set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it's important to remember that many of our services may not function properly if your cookies are disabled. For example, cookies may, in certain cases, save you from the need to enter usernames and passwords, and allow session continuity.
We take great care in maintaining the security of the Site and your information and in preventing unauthorized access to it through industry standard technologies and internal procedures. However, we do not guarantee that unauthorized access will never occur.
Users who have registered to the Site agree to keep their password in strict confidence and not disclose such password to any third party.
Third Party Sites
Your California Privacy Rights
California Civil Code Section § 1798.83 permits California residents that are users of our Site to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to privacy@QuickFX.com.
Updating Your Information
We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. In the event that you believe your information is in any way incorrect or inaccurate, please let us know immediately. We will make sure we investigate the matter and correct any inaccuracies as quickly as possible where necessary or give you ways to update it quickly or to delete it - unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request. If for any reason you have a problem with deleting your personal information please contact QuickFX's Customer Support and we will make reasonable efforts to delete any such information pursuant to any applicable privacy laws.
You can review and change your personal information by logging into the Site and visiting your account profile page. You may also send us an e-mail at support@QuickFX.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Generated Content ("UGC"), as defined in the QuickFX Terms Of Service, from the Site, copies of your UGC may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including UGC, is governed by our Terms of Service.
We reserve the right to change this policy at any time, so please re-visit this policy frequently.
In the event we go through a business transition such as a merger, acquisition, bankruptcy, or sale of all or a portion of our assets, your information may be among the assets transferred.
Got any Questions?