Terms and Conditions

Introduction

This Agreement ("Agreement") governs the terms and conditions of service between Video Marketing Agency ("we," "our," "us") and the Customer ("you," "your") for the provision of video editing, thumbnail design, YouTube channel management, and social media management services. By using our Site (https://www.videomarketingagency.co/) or Services, you agree to be bound by this Agreement.
We reserve the right to modify this Agreement at any time, and such modifications will be effective upon posting to the Site. Your continued use of the Services constitutes acceptance of any modifications. If you disagree with any changes, you must immediately cease using the Services and notify us of your cancellation of this Agreement.
Our Privacy Policy is also incorporated into this Agreement and governs how we collect and use your data.

This Agreement supersedes any prior agreements between the parties, regardless of when or with whom they were made.

Definitions

In this Agreement, the following terms have the specific meanings indicated, unless the context clearly indicates otherwise:

• Relationship of the Parties: Video Marketing Agency provides its Services to you as an independent corporate service provider. This Agreement does not create an employment, agency, partnership, or joint venture relationship.

• "Agreement" means this Terms of Service agreement between Video Marketing Agency and the Customer.

• "Content" means any and all materials, including but not limited to video footage, audio recordings, images, text, graphics, logos, and any other creative elements, that you provide to us for the purpose of performing the Services.

• "Customer" means the individual or entity that purchases and/or uses the Services.

• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and any other intellectual property rights recognized in any jurisdiction.

• "Services" means the video editing, thumbnail design, and YouTube channel management services provided by Video Marketing Agency to the Customer, as described on the Site or as otherwise agreed in writing.

• "Site" means the website of Video Marketing Agency, currently accessible at https://www.videomarketingagency.co/.

• "Video Marketing Agency" means the company providing the Services, located in Las Vegas, Nevada.
   

Services

Video Marketing Agency offers the following services to its clients:

Video Editing:

We provide professional video editing services for both long-form and short-form videos, including those for YouTube, social media platforms, and other online channels. Our video editing services can include, but are not limited to, the following:
 

• Video editing

• Adding animated titles and text

• Incorporating motion graphics and branded transitions

• Color correction

• Adding licensed music

• Optimizing video format and quality for various platforms
   

Thumbnail Design:

We provide professional thumbnail design services for YouTube and other video platforms. Our thumbnail design services can include, but are not limited to, the following:
 

• Thumbnail ideation

• Thumbnail sketches

• Thumbnail creation
   

YouTube Channel Management:

We provide professional and comprehensive YouTube channel management services for YouTube. Our YouTube channel management services can include, but are not limited to, the following:
 

• Developing and implementing channel-wide strategies and improvements

• Developing and implementing content strategies

• Optimizing video titles, descriptions, and tags

• Creating and managing playlists

• Analyzing channel performance via YouTube Studio and providing recommendations

• Managing community engagement
   

By using our YouTube Channel Management services, you agree to be bound by the YouTube Terms of Service, which can be found at https://www.youtube.com/t/terms. You also acknowledge that these services use YouTube API Services and that your data is handled in accordance with the Google Privacy Policy at https://www.google.com/policies/privacy. You may manage or revoke Video Marketing Agency's access to your YouTube account data via the Google security settings page at https://myaccount.google.com/connections.

Social Media Management:

We provide professional social media management services to help clients grow their online presence and engage with their audience. Our social media management services can include, but are not limited to, the following:
 

• Managing up to 4 social media platforms

• Developing and implementing social platform strategies

• Developing and implementing content strategies for social platforms

• Managing social media accounts and scheduling posts

• Engaging with followers and responding to comments

• Analyzing social media performance and providing recommendations
   

We reserve the right to modify or discontinue any of our services at any time, with or without notice.

Payment

You agree to pay Video Marketing Agency the fees for the Services as specified on the Site.
All fees are exclusive of any applicable taxes, and or payment processing fees, which shall be added to the total amount due.
Payment may be made by credit card, debit card, or other payment methods (if available) as indicated during checkout. You authorize Video Marketing Agency to charge your chosen payment method for the fees.
You are responsible for providing accurate and up-to-date payment information. You agree to promptly update your payment information in the event of any changes.
Video Marketing Agency reserves the right to change its fees at any time, with or without prior notice. However, any changes to the fees will not affect projects already submitted, unless otherwise agreed in writing.
In the event of non-payment, Video Marketing Agency may suspend your access to the Services and/or pursue any and all available legal remedies to collect the outstanding fees. You agree that you will burden the responsibility for all legal fees associated with pursuing a remedy to any outstanding fees that you have not paid.

Refunds

Video Marketing Agency does not provide refunds. All payments are non-refundable. Credits are not refundable. All credit purchases are final. Once our team has begun work on your project, no refund will be issued under any circumstances.
We may, at our discretion, offer a refund or credit for future services if:
 

• We determine that there has been a significant error or deficiency in the services provided.

• The project is cancelled by Video Marketing Agency due to unforeseen circumstances.
   

If a refund is granted, it will be issued to the original payment method used for the purchase and will not include any processing fees or other associated costs incurred by Video Marketing Agency.

To request a refund, please contact us at info@videomarketingagency.co with the subject line "Refund Request."

Project Abandonment

If a Customer fails to respond to communications, provide required materials, or otherwise engage with an active project for a period of 30 consecutive days, the project will be considered abandoned. Abandoned projects will be closed and marked as complete, and no refund will be issued for any fees paid. Video Marketing Agency will make reasonable efforts to contact the Customer prior to closing an abandoned project, but is not obligated to hold resources indefinitely pending Customer response.

Turnaround Times and Revisions

Estimated Turnaround Times:

Video Marketing Agency aims to provide efficient and timely services. Our estimated turnaround times for various services are as follows:
 

• Long-form Video Editing (Horizontal): 48–168 hours

• Short-form Video Editing (Vertical): 24–72 hours

• Thumbnail Design: 24–72 hours
   

Turnaround Time Disclaimer:

The turnaround times listed above are estimates and are not guaranteed. Actual turnaround times may vary depending on several factors, including but not limited to:
 

• Complexity of the project

• Volume of requests

• Availability of Personnel

• Client responsiveness
   

Revisions:
 

• Requesting Revisions: You can request revisions by submitting revision notes through our project management dashboard.

• Revision Limit: Each project includes a maximum of 2 rounds of revisions. Any revision requests beyond 2 rounds will be subject to additional charges, which will be communicated to you prior to work commencing.

• Revision Turnaround Time: We aim to complete revision requests within 24 hours, but actual turnaround times may vary depending on the complexity and number of revisions requested.

• Review Period: You have 5 calendar days after the delivery of a video, thumbnail, or other deliverable or service to review it and request revisions. If no revisions are requested within this period, the order or service may be marked as completed and closed.

• Completed Orders: Completed orders are considered closed and cannot be reopened.
   

No Guarantee of Turnaround Times: Video Marketing Agency makes no guarantees regarding turnaround times for any of its services. The estimated turnaround times are provided for informational purposes only and should not be relied upon for time-sensitive projects.

Client Delay

Video Marketing Agency's turnaround time obligations are contingent upon the timely cooperation of the Customer. If a Customer fails to provide necessary materials, footage, feedback, approvals, or any other required information within a reasonable timeframe, Video Marketing Agency's turnaround time obligations shall be paused until such materials or information are received. Video Marketing Agency shall not be held liable for any delays caused by the Customer's failure to respond or provide required materials in a timely manner.

Expiration of Credits

Credit System:

Video Marketing Agency utilizes a credit system for its Services. When you make a payment, you receive a corresponding number of credits, which can be used to purchase Services.

Expiration:

All credits expire 90 days from the date of purchase, unless otherwise specified in writing. Once expired, credits cannot be redeemed for Services, refunded, or reimbursed.

Refunds:

Credits are not refundable. All credit purchases are final.

Tracking Expiration:

It is your responsibility to track your purchase dates and credit expiration dates. You can calculate the expiration date by adding 90 days to the date and time you received the purchase receipt email.

Expiration Notifications:

Video Marketing Agency will make reasonable efforts to inform you of upcoming credit expirations, but we do not guarantee that we will do so. It is ultimately your responsibility to monitor your credit balances and expiration dates.

Extension of Expiration:

You may have the option to extend the expiration date of your credits by contacting us, subject to the terms and conditions specified therein.

No Liability for Expired Credits: Video Marketing Agency shall not be liable for any losses or damages arising from or related to the expiration of your credits.

Content Ownership and Usage Rights

Ownership:

You retain all ownership rights to the Content you provide to Video Marketing Agency, and Video Marketing Agency assigns and transfers to you all right, title, and interest in and to the final Deliverables provided to you through our Services. You grant Video Marketing Agency a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to archive, use, reproduce, modify, adapt, publish, create derivative works from, distribute, and display the Content and the Deliverables for internal training and quality control purposes, our own marketing and promotional purposes, and record-keeping purposes. This license includes the right for Video Marketing Agency to sub-license these rights to third parties acting on our behalf such as marketing agencies or service providers.

Moral Rights:

You waive any and all moral rights you may have in the Content and the Deliverables, including but not limited to the rights of attribution, integrity, and association.

Portfolio and Examples:

Video Marketing Agency reserves the right to retain and display completed work, including edited videos, thumbnails, and other deliverables, as examples and portfolio pieces on our website, social media channels, and other marketing materials. If you wish to opt out of this use, you may do so by providing written notice to Video Marketing Agency at info@videomarketingagency.co with the subject line "Content Usage Revocation."

Revocation:

You may revoke the license for marketing and promotional purposes by providing written notice to Video Marketing Agency at info@videomarketingagency.co with the subject line "Content Usage Revocation."

Content Compliance:

The Customer is solely responsible for ensuring that all footage, audio, images, and any other materials submitted to Video Marketing Agency are legally owned, licensed, or otherwise authorized for use. Video Marketing Agency assumes no responsibility or liability for any copyright infringement, intellectual property violations, or legal claims arising from materials provided by the Customer. The Customer agrees to indemnify and hold harmless Video Marketing Agency from any and all claims, damages, or expenses resulting from the Customer's failure to obtain proper rights or licenses for submitted content.
 

• Infringes on the Intellectual Property Rights of any third party.

• Violates any applicable laws or regulations.

• Contains any harmful, offensive, or defamatory material.
   

Video Marketing Agency reserves the right to refuse to use any Content that it deems inappropriate or in violation of this Agreement.

Intellectual Property

Video Marketing Agency's Ownership: Video Marketing Agency retains all ownership rights to its Intellectual Property, including but not limited to:
 

• Business operations, methodologies, and systems of organization.

• Methods, workflows, applications, and software used in providing the Services.

• Any trademarks, service marks, logos, and branding elements associated with Video Marketing Agency.
   

No License Granted:

You are granted no license or right to use Video Marketing Agency's Intellectual Property in any way, except as expressly permitted in this Agreement.

Restrictions:

You agree not to:
 

• Replicate, reproduce, or create any derivative works based on Video Marketing Agency's Intellectual Property.

• Reverse engineer, decompile, or disassemble any software or applications provided by Video Marketing Agency.

• Use Video Marketing Agency's trademarks, service marks, or logos without prior written consent.
   

Enforcement:

Video Marketing Agency will vigorously protect its Intellectual Property Rights and pursue any and all available legal remedies against any infringement or unauthorized use.

Confidentiality

Confidential Information:

"Confidential Information" means any and all information disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") in connection with this Agreement, whether orally, in writing, electronically, or by any other means, that is designated as confidential or that reasonably should be understood to be confidential under the circumstances. Confidential Information includes, but is not limited to:
 

• Customer Information: Information relating to the Customer's business, including but not limited to, financial information, marketing strategies, customer lists, and any other proprietary information.

• Video Marketing Agency Information: Information relating to Video Marketing Agency's business, including but not limited to, pricing, internal processes, methods, techniques, know-how, and any other proprietary information.

• Project Information: Information relating to the Services, including but not limited to, project proposals, project specifications, deliverables, and any other information shared between the parties in connection with the project.
   

Non-Use and Non-Disclosure:

The Receiving Party agrees:
 

• Not to use the Disclosing Party's Confidential Information for any purpose other than those expressly permitted under this Agreement.

• Not to disclose the Disclosing Party's Confidential Information to any third party without the prior written consent of the Disclosing Party.

• To protect the confidentiality of the Disclosing Party's Confidential Information with the same degree of care that it uses to protect its own confidential information, but in no event less than a reasonable degree of care.
   

Exceptions:

The obligations of confidentiality under this section do not apply to information that:
 

• Was already known to the Receiving Party prior to disclosure by the Disclosing Party.

• Is or becomes publicly known through no wrongful act of the Receiving Party.

• Is rightfully received by the Receiving Party from a third party without any obligation of confidentiality.

• Is required to be disclosed by law or by order of a court or other governmental authority.
   

Remedies:

The parties acknowledge that unauthorized disclosure or use of Confidential Information may cause irreparable harm to the Disclosing Party for which monetary damages may be inadequate. Therefore, the Disclosing Party shall be entitled to seek injunctive relief and other equitable remedies to prevent or stop any such unauthorized disclosure or use, in addition to any other remedies available at law or equity.

Warranties and Disclaimers

Mutual Warranties:

Both Video Marketing Agency and the Customer warrant that:
 

• They have the legal right and authority to enter into this Agreement and perform their obligations hereunder.

• The execution and performance of this Agreement will not violate any agreement to which they are a party or any applicable law or regulation.
   

Video Marketing Agency's Warranties

Video Marketing Agency further warrants that:
 

• The Services will be performed in a professional and workmanlike manner, using commercially reasonable skill and care.

• The Services will not infringe on the Intellectual Property Rights of any third party.
   

Disclaimers:
 

• No Guarantee of Specific Results: Video Marketing Agency does not guarantee any specific results from the Services, such as increased viewership, subscribers, or revenue.

• No Warranty of Content Accuracy: While Video Marketing Agency takes reasonable steps to ensure the accuracy of the Content, we do not warrant that the Content will be error-free or that it will meet your specific requirements.

• No Warranty of Compatibility: Video Marketing Agency does not warrant that the Services will be compatible with all hardware, software, or platforms.

• Disclaimer of Implied Warranties:
  EXCEPT AS EXPRESSLY PROVIDED IN THIS
  AGREEMENT, VIDEO MARKETING AGENCY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
   

Limitation of Liability:

Please refer to the "Limitation of Liability" section of this Agreement for a detailed explanation of the limitations of Video Marketing Agency's liability under this Agreement.

Limitation of Liability

Disclaimer of Certain Damages:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIDEO MARKETING AGENCY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, DIRECTLY ARISING OUT OF THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF VIDEO MARKETING AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Aggregate Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIDEO MARKETING AGENCY'S TOTAL CUMULATIVE LIABILITY DIRECTLY ARISING OUT OF THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE CUSTOMER TO VIDEO MARKETING AGENCY FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL VIDEO MARKETING AGENCY'S LIABILITY EXCEED THE FEES PAID IN THE THIRTY (30) DAYS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Waiver of Right to Sue:

BY AGREEING TO THESE TERMS, THE CUSTOMER EXPRESSLY WAIVES ANY AND ALL RIGHTS TO BRING A LAWSUIT, LEGAL ACTION, OR COURT PROCEEDING OF ANY KIND AGAINST VIDEO MARKETING AGENCY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS IN ANY COURT OF LAW. THE CUSTOMER AGREES THAT BINDING ARBITRATION AS SET FORTH IN THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT IS THE SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED.

Class Action Waiver:

THE CUSTOMER EXPRESSLY WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE OR COLLECTIVE PROCEEDING OF ANY KIND AGAINST VIDEO MARKETING AGENCY. ALL DISPUTES MUST BE BROUGHT SOLELY IN THE CUSTOMER'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions to Limitations

The limitations of liability in this section shall not apply to:
 

• Video Marketing Agency's liability for its gross negligence or willful misconduct.

• Video Marketing Agency's liability for personal injury or death caused by its negligence.

• Video Marketing Agency's liability for its breach of confidentiality obligations under this Agreement.

• Video Marketing Agency's liability for its infringement of the Customer's Intellectual Property Rights.
   

Customer's Responsibility:

The Customer acknowledges and agrees that the use of the Services is at the Customer's sole risk. Video Marketing Agency makes no representations or warranties, express or implied, with respect to the Services, including but not limited to, any warranties of merchantability, fitness for a particular purpose, or non-infringement.

Indemnification

Customer's Indemnification of Video Marketing Agency:

You agree to indemnify, defend, and hold harmless Video Marketing Agency, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
 

• Your use of the Services.

• Your breach of this Agreement.

• Your Content, including but not limited to, claims of infringement of Intellectual Property Rights or violation of any applicable laws or regulations.

• Your negligent or willful misconduct.
   

Video Marketing Agency's Indemnification of Customer:

Video Marketing Agency agrees to indemnify, defend, and hold harmless the Customer from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
 

• Video Marketing Agency's breach of this Agreement.

• Video Marketing Agency's gross negligence or willful misconduct.

• Video Marketing Agency's infringement of the Customer's Intellectual Property Rights.
   

Indemnification Procedure:

The party seeking indemnification (the "Indemnified Party") shall promptly notify the other party (the "Indemnifying Party") in writing of any claim for which indemnification is sought. The Indemnifying Party shall have the right to control the defense and settlement of such claim, provided that the Indemnifying Party:
 

• May not settle any claim without the prior written consent of the Indemnified Party, which consent shall not be unreasonably withheld or delayed.

• Shall keep the Indemnified Party reasonably informed of the status of the defense and settlement of the claim.

• Shall not incur any expenses in connection with the defense or settlement of the claim without the prior written consent of the Indemnified Party, which consent shall not be unreasonably withheld or delayed.
   

Limitations on Indemnification:

Notwithstanding anything to the contrary in this section, the Indemnifying Party shall not be liable for any settlement of a claim that imposes any obligation or liability on the Indemnified Party without the Indemnified Party's prior written consent.

Termination

Termination for Convenience:
 

• By Customer:
  You may terminate this Agreement for any reason, with or without cause, by providing written notice to Video Marketing Agency at least 14 days prior to the intended termination date.

• By Video Marketing Agency:
  Video Marketing Agency may terminate this Agreement for any reason, with or without cause, by providing written notice to you at least 14 days prior to the intended termination date.
   

Termination for Breach:
 

• By Either Party:
  
  This Agreement may be terminated by either party immediately upon written notice to the other party if the other party:

- Breaches any material provision of this Agreement and fails to cure such breach within 30 days after written notice of the breach.

- Becomes insolvent or bankrupt, or files for liquidation or dissolution.

Effect of Termination:

Upon termination of this Agreement for any reason:
 

• You shall immediately cease all use of the Services.

• Video Marketing Agency shall cease providing the Services to you.

• You shall pay Video Marketing Agency all fees and expenses incurred up to the date of termination.

• Video Marketing Agency shall return to you all of your Content, unless otherwise agreed in writing.

• The provisions of this Agreement that by their nature are intended to survive termination (including, but not limited to, the provisions relating to confidentiality, intellectual property, limitation of liability, and indemnification) shall survive termination.
   

Survival of Non-Solicitation and Confidentiality:

Notwithstanding anything to the contrary in this Agreement, Video Marketing Agency's right to enforce the Non-Solicitation and Confidentiality provisions shall survive the termination of this Agreement for any reason.

No Liability for Termination:

Neither party shall be liable to the other party for any damages or losses arising out of or relating to the termination of this Agreement in accordance with its terms.

Non-Solicitation

Protection of Personnel:

You acknowledge that Video Marketing Agency's relationship with its personnel, including but not limited to its employees, independent contractors, officers, and any other workers (collectively, "Personnel"), as well as the other customers that Video Marketing Agency provides service to, is crucial to its business operations. Therefore, you agree not to engage in any conduct that would harm or interfere in any way with Video Marketing Agency's relationship with its Personnel.

Prohibited Activities:

Specifically, you agree that you will not, directly or indirectly:
 

• Solicit, induce, or attempt to induce any Personnel to leave Video Marketing Agency's employ or otherwise terminate their relationship with Video Marketing Agency.

• Hire or attempt to hire any Personnel away from Video Marketing Agency.

• Interfere with or disrupt Video Marketing Agency's relationship with its Personnel.

• Engage in any other conduct that could reasonably be expected to harm Video Marketing Agency's business interests with respect to its Personnel.

• Encourage or induce any of Video Marketing Agency's clients to terminate their relationship with Video Marketing Agency or to engage the services of a competitor or any other individual.
   

Scope of Restriction:

This non-solicitation provision applies to all Personnel and clients with whom you have come into contact or become aware of as a result of your relationship with Video Marketing Agency, regardless of whether such Personnel and clients were directly involved in providing services to you.

Duration of Restriction:

This non-solicitation provision shall remain in effect for a period of 1 year after the termination of this Agreement.

Remedies for Breach:

You acknowledge and agree that any breach of this non-solicitation provision will cause irreparable harm to Video Marketing Agency, for which monetary damages may be inadequate. Therefore, in addition to any other remedies available to Video Marketing Agency at law or equity, Video Marketing Agency shall be entitled to seek injunctive relief to prevent or stop any such breach.

Dispute Resolution

Mandatory Arbitration:

BY AGREEING TO THIS AGREEMENT, THE CUSTOMER EXPRESSLY GIVES UP THEIR RIGHT TO GO TO COURT AND AGREES THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION. THIS APPLIES TO ALL CLAIMS OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY.

Informal Resolution:

Prior to initiating arbitration, the parties agree to first attempt to resolve any dispute informally through good faith negotiations for a period of 30 days. If the dispute cannot be resolved informally within 30 days, it shall proceed to binding arbitration as set forth below.

Arbitration Process:

Any unresolved dispute shall be settled by binding arbitration administered by an arbitration organization chosen at Video Marketing Agency's sole discretion, in accordance with that organization's Commercial Arbitration Rules. The arbitration shall be conducted in Las Vegas, Nevada, USA. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable.

Costs of Arbitration:

Each party shall bear its own costs and attorney's fees in connection with arbitration, unless the arbitrator determines that a party's claim or defense was frivolous or filed in bad faith, in which case the arbitrator may award costs and fees to the prevailing party.

Judgment on Award:

The arbitrator's award shall be final and binding on both parties, and judgment may be entered thereon in any court of competent jurisdiction. The Customer agrees that any arbitration award may be enforced against them in any jurisdiction worldwide.

Governing Law:

The arbitration shall be governed by and construed in accordance with the Federal Arbitration Act (FAA) and the laws of the State of Nevada, without regard to its conflict of laws principles.

Exceptions to Arbitration:

Notwithstanding the foregoing, Video Marketing Agency reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or stop any actual or threatened breach of confidentiality obligations, infringement of intellectual property rights, violation of the non-solicitation clause, or other irreparable harm, without waiving its right to arbitration for all other claims.

Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor strikes, or government regulations. The affected party shall promptly attempt to notify the other party of the occurrence of such an event and shall use commercially reasonable efforts to mitigate the effects of the force majeure event.

International Clients

Governing Law:

Regardless of the Customer's country of residence or location, this Agreement shall be governed exclusively by the laws of the State of Nevada, United States of America. By using our Services, international Customers expressly agree to submit to the exclusive jurisdiction of Nevada and waive any objection to such jurisdiction. The laws of the Customer's home country, state, or region shall have no application to this Agreement or any disputes arising from it.

Currency and Pricing:

Video Marketing Agency reserves the sole right to determine the contract amount and applicable currency when doing business with international Customers. Prices may be quoted in USD, GBP, AUD, EUR, CAD, or any other currency at Video Marketing Agency's discretion. The agreed contract amount at the time of purchase is final and shall not be adjusted due to currency fluctuations, exchange rate differences, or any other monetary changes occurring after the transaction is completed.

Taxes and Duties:

International Customers are solely responsible for any taxes, duties, levies, or fees imposed by their home country, state, or region in connection with the purchase or use of our Services. Video Marketing Agency shall not be liable for any such charges, and they shall not affect the agreed contract amount.

Chargeback Policy:

International Customers agree to follow Video Marketing Agency's dispute resolution process as outlined in this Agreement before initiating any chargeback, reversal, or dispute through their bank, payment provider, or any third-party financial institution. Initiating a chargeback without first exhausting Video Marketing Agency's dispute resolution process shall be considered a material breach of this Agreement. Video Marketing Agency reserves the right to pursue all available legal remedies, including recovery of the disputed amount, associated fees, and any costs incurred as a result of the chargeback.

Acknowledgement:

By purchasing or using our Services, international Customers expressly acknowledge that they have read, understood, and agreed to be bound by this Agreement, including the exclusive application of Nevada law, and waive any rights they may have under the laws of their home country that conflict with the terms of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws principles.

Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other provision or of any subsequent breach.
Interpretation

Headings:

The headings used in this Agreement are for convenience only and shall not affect the interpretation of any provision.

Singular and Plural:

Words in the singular shall include the plural, and words in the plural shall include the singular, unless the context otherwise requires.

Gender:

Words importing any gender shall include all genders.

Formatting:

Formatting devices, such as boldface, italics, and underlining, are used for emphasis only and shall not affect the interpretation of any provision.

Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

Miscellaneous

Assignment:

You may not assign this Agreement or any of your rights or obligations hereunder, in whole or in part, without the prior written consent of Video Marketing Agency, which consent may be withheld in Video Marketing Agency's sole discretion. Any attempted assignment without such consent shall be null and void.

Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when sent by email, addressed as follows:

If to Video Marketing Agency: info@videomarketingagency.co

Subject Line: Legal Notice – [Your Name/Company Name]

If to Customer:
To the email address associated with your Video Marketing Agency account.
Response Time: Both parties agree to respond to any notice or communication within 30 business days of receipt.

Acceptance of Terms

BY PURCHASING, ACCESSING, OR USING THE SERVICES OF VIDEO MARKETING AGENCY IN ANY WAY, THE CUSTOMER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE FULLY BOUND BY THIS AGREEMENT IN ITS ENTIRETY, INCLUDING THE MANDATORY ARBITRATION CLAUSE, THE WAIVER OF THE RIGHT TO SUE, THE CLASS ACTION WAIVER, AND ALL OTHER TERMS AND CONDITIONS SET FORTH HEREIN. IF THE CUSTOMER DOES NOT AGREE TO THESE TERMS, THEY MUST IMMEDIATELY CEASE USING THE SERVICES AND CONTACT VIDEO MARKETING AGENCY AT INFO@VIDEOMARKETINGAGENCY.CO.

This Agreement is legally binding. By proceeding with any purchase or use of Services, the Customer confirms they have the legal authority to enter into this Agreement on behalf of themselves or the entity they represent.

Entire Agreement

This Agreement, along with any exhibits, schedules, and attachments hereto, constitutes the entire agreement and understanding between the parties with respect to the subject matter herein and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written. This Agreement may only be amended by a writing signed by both parties.