https://socialrocky.com/rockyform/

TERMS OF SERVICE

Here is your complete, updated Terms of Service document with all expiration and rollover references removed. You can copy and paste the entire text below directly into your legal document or terms page.

Video Editing Services — Terms of Service

PILOT VIDEO & ONBOARDING TERMS

1. PAID DISCOVERY ASSET This initial video acts as a Pilot Project to establish our creative alignment and workflow. It is a fully paid service, not a free trial. Payment is required 100% upfront to book the editing slot.

2. THE “RETAINER CREDIT” (Risk-Free Guarantee) If you decide to move forward with a Monthly Retainer Package within 5 business days after the Pilot delivery, the full amount paid for this Pilot Video will be credited/deducted from your first month’s invoice. (Basically, if we work together long-term, this first video ends up being free/included).

3. FEEDBACK LOOP & ALIGNMENT CALL This service includes a dedicated 15-minute Feedback & Strategy Call after the first draft is delivered.

  • Goal: To discuss what you liked, what you didn’t, and fine-tune the editing style for future bulk production.

  • Revisions: Includes up to 2 rounds of revisions specific to this video to nail down the aesthetic.

4. DELIVERY & DEADLINE Standard turnaround time for a Pilot Video is 48-72 hours (allow us slightly more time than usual to study your brand guidelines and references carefully).

5. NO STRINGS ATTACHED After the Pilot is completed and delivered, you are under no obligation to continue. You own the final video file and rights upon completion.

WORKFLOW & MATERIAL SUBMISSION

  • Material Submission: We kindly request that all materials be sent at least 42 hours before starting each video. This ensures a smooth workflow and helps us maintain organization across all clients.

  • Script Submission: It is essential for us to receive your video scripts (whenever possible) to avoid misunderstandings and keep everything aligned with your expectations.

  • B-Roll & Custom Footage: To enhance the narrative of each script, custom footage (B-rolls) should be provided whenever available—especially when scripts refer to your business or specific talking points.

  • Stock & Additional Materials: If you require additional materials, we use licensed stock footage to access high-quality videos, images, sound effects, and music, ensuring legal compliance for all delivered content.

BILLING CYCLE & PRODUCTION CAPACITY

1. BILLING CYCLE START DATE The billing cycle begins on the exact date and time of the initial payment made by the Client. This date marks the beginning of the 31-day production period for that cycle. Payment secures the Editor’s dedicated availability and a reserved slot in the production schedule.

2. RESERVED CAPACITY & WORKFLOW The Client acknowledges that payment is made to secure the Editor’s professional time and “Reserved Capacity.” While the Editor remains ready to work throughout the cycle, production capacity is finite. To maintain high quality and a steady workflow:

  • Late Submissions: Submitting materials late in the cycle (e.g., sending multiple videos a few days before the cycle ends) does not obligate the Editor to work overtime or “rush” production.

  • Scheduling & Carry-Over: Any projects not completed within the current 31-day window due to late delivery of materials or delayed feedback by the Client will be prioritized and completed in the following cycle.

3. MONTHLY PACKAGE PAYMENT OBLIGATION The Monthly Fee covers the reservation of the Editor’s exclusive time slot. Because this capacity is fully allocated to the Client—preventing the Editor from taking on other projects—payment is due in full regardless of the number of videos submitted. The obligation to pay is triggered by the reservation of the production slot, ensuring the Editor remains available and ready to execute the Client’s vision.

4. CONTINUITY OF SERVICE & INACTIVITY If the Client fails to provide materials or instructions during the cycle, the billing period does not pause. The Editor remains on standby, and the reserved slot remains open for the Client’s use. When the Client returns or provides new materials, production will resume based on the current available schedule.

REVISIONS POLICY

  • Included Revisions: Up to 4 rounds of revisions are included per video.

  • Scope of Revisions: Revisions cover small adjustments—such as text fixes, trimming a few seconds, replacing a specific B-roll clip, adjusting captions, or minor pacing changes.

  • Out-of-Scope Revisions:

    • Major restructuring of the video (changing the overall story or flow after draft delivery).

    • Requests for new design/animation styles that were not part of the original agreement.

    • Changing the script or audio after editing has already commenced.

  • Additional Revisions: Any additional rounds of revisions, or changes outside this scope, will be quoted and charged separately.

CHANGE OF DIRECTION & INCORRECT MATERIALS

  • Change of Direction After Delivery: Requests that reverse or undo previously aligned work (e.g., removing elements originally requested, discarding completed editing steps) are considered a Change of Direction. These requests require extra editing time and may incur an Additional Editing Fee of 20%–35% of the estimated video value.

  • Incorrect Material Submission: If the Client submits footage, files, or instructions that are later identified as incorrect, incomplete, or unintended after editing has already been completed, the completed video will still count as a valid delivery. Replacing that video with new material will count as additional work subject to an Incorrect Submission Fee.

EDITOR RESPONSIBILITIES & TECHNICAL ADVISORIES

  • Scope Fulfillment: The Editor will deliver all videos, edits, and creative work included in the contracted package following agreed specifications.

  • Professional Communication: Messages will be answered within a reasonable timeframe during business hours.

  • Quality Assurance: All videos will be edited with professional standards of pacing, audio balance, clarity, transitions, and formatting appropriate for social media platforms.

  • Duty to Inform (Technical Advisories): The Editor will notify the Client if submitted materials contain technical issues (poor audio, unstable footage, bad lighting, corrupted files). The Client acknowledges that unresolved technical flaws inherent to raw footage directly limit the achievable final quality.

  • Client Instruction Errors: The Editor is not responsible for mistakes resulting from unclear, incomplete, or incorrect instructions provided by the Client.

CONTENT LIABILITY & INDEMNIFICATION

The Editor acts solely as a technical and creative service provider transforming materials supplied by the Client.

  • Client Responsibility: The Client assumes full legal responsibility for the final use, distribution, and publication of the videos.

  • Indemnification: The Client agrees to indemnify, defend, and hold harmless the Editor from any claims, damages, lawsuits, or legal fees arising from:

    1. Copyright infringement issues related to materials (footage, music, graphics) provided or requested by the Client.

    2. The content, message, or claims made within the video (e.g., false advertising, defamation, offensive content).

    3. Platform bans or penalties (YouTube strikes, Instagram bans) resulting from published content.

INTELLECTUAL PROPERTY & TRANSFER OF RIGHTS

  • Ownership of Raw Materials: The Client retains full ownership of raw footage and personal image rights provided for the project.

  • Ownership of the Edit (Derivative Work): The Editor retains legal ownership of the creative post-production work (editing structure, visual effects, color grading, sound design) applied to the Client’s materials.

  • Conditional License Transfer: The Editor grants the Client a perpetual, non-exclusive license to publish and use the final video ONLY UPON RECEIPT OF FULL PAYMENT.

  • DMCA / Non-Payment: If payment is charged back or not received, the license to use the Editor’s work is automatically void. The Editor reserves the right to file DMCA Takedown Notices to remove unpaid content from social platforms.

  • Source Files: Project files (After Effects templates, premiere project files, presets) are proprietary to the Editor and are not included in final deliverables unless explicitly contracted.

LATE PAYMENTS, SUSPENSION & ABANDONMENT

  • Automatic Suspension: If any balance or invoice is not paid within 48 hours of the due date, all production work, editing, and communication will be suspended immediately.

  • Withholding of Deliverables: No final videos, source files, or draft links will be downloadable or released until the account is paid in full.

  • Late Fee: Payments delayed by more than 5 calendar days will incur a late fee of 10% of the outstanding balance.

  • Abandonment: If payment is delayed by more than 10 days, the project may be considered abandoned. In this event, the Editor reserves the right to terminate the contract, retain all deposits/payments made to date as a kill fee, and is released from any further obligation to deliver remaining videos.

DISPUTE RESOLUTION & CHARGEBACK WAIVER

  • Professional Resolution: The Client agrees to address any concerns regarding quality or delivery directly with the Editor via email or official messaging channels to find a mutual solution within the terms of this Agreement.

  • Waiver of Chargebacks: By completing payment or checking the terms acceptance box, the Client explicitly agrees that they will not initiate a chargeback or payment dispute with their bank or payment processor (e.g., Stripe, PayPal) for reasons related to “subjective style preference,” “change of mind,” or delays caused by the Client’s own failure to provide materials.

  • Evidence for Disputes: The Client acknowledges that this digitally accepted Agreement, along with proof of work submitted (Google Drive links, email records, and chat history), will be submitted to the payment processor as irrefutable evidence that the service was performed.

MUTUAL RESPECT, BAD FAITH & TERMINATION FOR CAUSE

This Agreement relies on Good Faith and Fair Dealing. The Editor reserves the right to terminate this Agreement immediately, without refund, if the Client engages in Bad Faith behavior, including:

  1. Gaslighting / Feigned Ignorance: Denying giving specific instructions that were previously recorded to force unpaid rework.

  2. Circular Revisions: Repeatedly requesting changes that contradict previous feedback or revert to earlier versions solely to delay approval.

  3. Workflow Sabotage & Disrespect: Deliberately withholding feedback while demanding deadlines be met, or using aggressive, hostile, or disrespectful language.

In the event of termination due to Client Bad Faith, all fees paid to date will be retained by the Editor as liquidated damages for reserved capacity, and the Editor is released from delivering any pending videos.

PORTFOLIO & PROMOTIONAL RIGHTS

Unless a separate Non-Disclosure Agreement (NDA) is signed, the Editor retains a non-exclusive license to display finished work for self-promotional purposes.

  • Timing: The Editor agrees not to publish work in their portfolio until 3 days after the Client has publicly posted it, or 30 days after delivery, whichever comes first.

  • Meeting Snippets: The Client permits the Editor to use short, non-confidential excerpts of video calls or positive feedback reactions for social media showcases. Confidential business strategies, financial data, or sensitive topics will never be published.

GENERAL LEGAL PROVISIONS

  • Independent Contractor Status: The Editor is an independent contractor. The Client has no authority to control the Editor’s working hours, tools, or specific methods of production, only the final deliverable.

  • Force Majeure: Neither party shall be liable for performance delays caused by circumstances beyond reasonable control (natural disasters, internet outages, severe illness).

  • Hierarchy of Communication: Digital messages (WhatsApp, Instagram, Slack, Email) serve as valid evidence of conduct and project approvals. However, core legal terms (Pricing, Refund Policy, Liability) can only be altered via formal email or a signed written addendum.

  • Digital Signature & Acceptance: Checking the “I agree to Terms” box or completing payment constitutes a legally binding electronic signature under U.S., European, U.K., and Brazilian electronic contract laws.