CrtVty Terms & Conditions – Policies for Our Video Advertising Services

Explore Pricing Options

MASTER SERVICE AGREEMENT / TERMS AND CONDITIONS

CrtVty, LLC

1. Scope of Work

All services provided by CrtVty, LLC ("Agency") to the Client will be defined in written Work Orders ("WO") or Statements of Work. These documents will include specific deliverables, production timelines, usage rights, and fees. Any changes to the scope of work after the project has commenced require written approval (email is sufficient) and may result in additional fees.

2. Payment Terms & Satisfaction Guarantee

2.1 Standard Billing & Payments

Unless otherwise specified in the WO, fees are billed as follows: 

  • Client shall be responsible for payment of all fees, charges, costs, expenses, and taxes in connection with the Services, including production service fees listed on the CrtVty website.
  • The Work Order represents the final agreed-upon terms of each project.

"Additional Fees" include but are not limited to:

  • Revisions beyond the included two (2) billed at $350 per revision.
  • Audio re-recording billed at $425 per revision (includes talent hard cost).
  • Major Revision Clause: If revisions constitute a Major Revision, defined as changes requiring more than half of the video structure to be re-edited (e.g., replacement of over 50% of scenes, script overhaul, or creative concept changes), a flat $1,999 applies.
  • The 3–5 day delivery timeline applies only to Agency's first draft and does not apply to revisions or Client approval cycles.

2.2 "Love It or Don't Pay" Guarantee

For video production projects where explicitly indicated in the WO as :30 second ‘Custom Video or ‘Custom Video +Media, the following Satisfaction Guarantee applies:

  • First Draft Review: Client is under no obligation to pay the final remaining project balance until they have reviewed the "First Draft" of the video or script.
  • Rejection: If the Client rejects the First Draft entirely, the Client will not be billed the remaining balance. In this event, the Client forfeits all rights to use any part of the work presented, and the project is terminated.
  • Approval & Revisions: If the Client requests revisions to the First Draft, this constitutes "Approval in Principle." At this stage, the full project fee becomes binding, and the standard Revision policy (Section 6) takes effect.
  • Third-Party Costs: Regardless of satisfaction with the creative work, Client is responsible for reimbursing Agency for any pre-approved, non-refundable third-party costs incurred up to that point (e.g., specific stock footage licenses purchased at Client request, voiceover talent fees, or location rentals).
  • Full-Service Agency Request: If the Client agrees that they are requesting services that extend beyond the standard production offered in the ‘Custom Video’ or ‘Custom Video + Media’ portion of the packages, the “Love it or Don’t Pay” Guarantee does not apply as future costs will be provided with an estimate.
  • Media: The “Love it or Don’t Pay” Guarantee does not apply to the purchase of Media and Media Service.

2.3 Deposits

Agency reserves the right to require a deposit before commencing work to cover initial hard costs requested by the Client. Deposits are non-refundable unless otherwise stated in Section 11 (Termination).

2.4 Late Payment

Invoices are due upon receipt unless otherwise noted in the Work Order. Overdue invoices accrue interest at 1.5% per month (or the maximum allowed by law).

2.5 Ad Spend (Media Buying)

  • If Agency is managing media buying, all advertising spend budgets must be paid to Agency in advance of the campaign start date. Agency is not liable for pausing campaigns due to lack of pre-funded budget.
  • Agency is not liable for under-delivery caused by third-party platforms.

3. Ownership & Usage Rights

3.1 Final Deliverables

Upon full payment, Client owns all rights, title, and interest in the final exported deliverables. Agency retains ownership, all rights, title, and interest of the "Working Files" (e.g., raw footage, project files, conceptual drafts, unrendered assets) unless purchased separately. Client has no right to access or use Working Files unless a "Buyout of Source Files" is agreed to in the WO for an additional fee.

3.2 Working Files

Clients acknowledge that raw files, project files, or source assets are not included unless purchased separately through a designated "Source File Buyout" industry standard fee of 100%–300% of the original project fee. Final Buyout fee agreed to in Work Order.

By purchasing a Source File Buyout, the client buys:

  • Full ownership
  • Full transfer of rights
  • Your ability to reuse, adapt, or monetize the work
  • The raw, editable assets that contain your methods/templates

4. Artificial Intelligence (AI) & Generative Tools

Agency may use AI tools to support production.

  • AI-generated assets follow the same licensing as final deliverables. 
  • Certain AI-generated raw materials may not qualify for copyright protection; however, the final edited composition remains protected.

5. Third-Party Content (Stock Assets)

5.1 Royalty-Free (RF) Assets

Agency will properly license all RF assets. Client may use the final deliverables under the terms of those RF licenses. Agency is not liable for usage beyond standard RF license terms.

5.2 Rights-Managed (RM) Assets

  • Agency will license RM assets based on Client usage specifications. 
  • Client indemnifies Agency for over-usage claims. 
  • Client may purchase RM licenses directly.

5.3 Client-Provided Materials

Client represents that any materials (logos, music, video, copy) they supply to the Agency are properly licensed. Client indemnifies the Agency from any third-party claims regarding these materials.

6. Revisions & Approvals

  • Included Rounds: The number of revision rounds is defined in the WO.
  • Process: A "Round" is defined as a consolidated list of feedback provided by the Client.
  • Overage: Revisions requested outside the included rounds or changes to previously approved scripts/storyboards will be billed at the Agency’s standard hourly rate.
  • Finality: Once Client approves a deliverable in writing (email constitutes writing), it is considered final.
  • A "Major Revision" is any change requiring re-editing of more than half of the video structure, altering core creative direction, script, or storyline. Major Revisions incur the fee listed in Section 2.1.

7. Media Placement & Campaign Services

If the WO includes Media Buying or Ad Management:

  • No Guarantee of Results: Agency acts as an agent for the Client. While Agency employs best practices, Agency does not guarantee specific results, CPAs, ROAS, or sales figures. Media performance is subject to platform algorithms and market volatility.
  • Inventory: Final media placement is subject to third-party inventory availability.
  • Platform Compliance: Agency is not liable if an ad platform (e.g., Meta, Google, TikTok) rejects an ad or suspends an account due to the Client's business model or landing page content.

8. Confidentiality

Each party agrees to maintain the confidentiality of non-public project details, business strategies, and data, except as needed for production or as required by law.

9. Warranties & Disclaimers

Agency warrants that original work created by Agency does not knowingly infringe on third-party rights. Agency does not guarantee the legal correctness of claims or statements supplied by the Client in the ad copy.

10. Limitation of Liability

Agency’s total liability is capped at the total amount of Fees paid by Client under the applicable WO (excluding Ad Spend). Agency is not liable for consequential, incidental, or punitive damages.

11. Termination & Cancellation Policy

11.1 Method

Either party may terminate the agreement by providing written notice.

11.2 Fees upon Cancellation

  • Cancellation Prior to First Draft Review: Client is under no obligation to pay the final remaining project balance until they have reviewed & approved the "First Draft" of the video or script which includes the two revisions.
  • Rejection: If the Client rejects the First Draft entirely, the Client will not be billed the remaining balance. In this event, the Client forfeits all rights to use any part of the work presented, and the project is terminated.
  • Acceptance & Revisions: If the Client requests revisions to the First Draft, this constitutes "Approval in Principle." At this stage, the full project fee becomes binding, and the standard Revision policy (Section 6) takes effect.
  • Third-Party Costs: Regardless of satisfaction with the creative work, Client is responsible for reimbursing Agency for any pre-approved, non-refundable third-party costs incurred up to that point (e.g., specific stock footage licenses purchased at Client request, voiceover talent fees, or location rentals).
  • Full-Service Agency Request: If the Client agrees that they are requesting services that extend beyond the standard production offered in the ‘Custom Video’ or ‘Custom Video portion of the Custom Video + Media’ packages, the “Love it or Don’t Pay” Guarantee does not apply and all will be provided with estimate.
  • Media: The “Love it or Don’t Pay” Guarantee does not apply to the purchase of Media and Media Service.

12. Governing Law

These Terms are governed by the laws of the State in which CrtVty, LLC is registered.

13. Indemnification

Client agrees to indemnify and hold Agency harmless from any claims, damages, liabilities, or expenses arising from: 

  • Client-provided materials
  • Client instructions
  • Usage of deliverables beyond licensed scope 
  • Any advertising claims or representations made by Client

Each party shall indemnify the other for claims arising from its own negligence, breach, or willful misconduct.

‍