GENERAL TERMS OF SOLVIS MEDIA, LLC DBA TIDAL WAVE TESTIMONIALS

Solvis Media, LLC, doing business under the brand name Tidal Wave Testimonials (“Tidal Wave”), provides professional user-generated content (UGC) testimonial videography services (“Services”) directly to customers, or as a contractor to businesses (collectively “Client”).

READ THE FOLLOWING GENERAL TERMS (“Terms”) CAREFULLY BEFORE USING ANY SERVICES. IF YOU ACCEPT OR USE OUR SERVICES, YOU AGREE TO THESE TERMS.

Definitions

Services: Includes scripting, assisting with filming, and editing.
Re-Edit: A substantial or moderate one-time change. Minor tweaks are included without additional charge.

Payment and Invoicing

Payment for Services is due as set forth in a Proposal. Tidal Wave requires 100% payment at the time of booking the Services. This payment is non-refundable. If Client does not pay for Services as required, Client shall pay all costs of collection, including attorney fees. In the event of non-payment, Tidal Wave shall have the right to suspend or terminate any or all Services.

Client Cooperation and Responsibilities

Client understands and agrees that the Services are dependent upon the timely completion of Client’s responsibilities, which include:

Connecting Tidal Wave with the Client’s customer.
Providing a pre-signed release form from the Client’s customer.
Communicating their vision, value propositions, or unique selling points to clarify their positioning.
Clearly communicating the requirement for the Client’s customer to film within ten (10) days.

Client must ensure that their customers watch or understand the provided 4-minute tutorial and follow the best practice guidelines. Tidal Wave is not responsible for whether the Client’s customer films or not.

Edits and Re-Edits

Unless otherwise set forth in a Proposal, re-edits of video Services are limited to one (1) substantial or moderate re-edit. Further re-edits are available for an additional charge at Tidal Wave’s standard hourly rates. Minor tweaks are included without additional charge. Tidal Wave’s re-edits do not include re-shooting original video content.

LIMITED WARRANTY

Tidal Wave warrants that all Services will be performed in a professional and workmanlike manner in accordance with general industry standards.

THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESSED AND IMPLIED WARRANTIES. NO OTHER WARRANTIES APPLY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SERVICES ARE OTHERWISE PROVIDED “AS IS” AND “WHERE IS” AND EACH PARTY DISCLAIMS ALL WARRANTIES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL TIDAL WAVE BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS). THE SOLE AND EXCLUSIVE RECOVERY OF DAMAGES BY CLIENT, INCLUDING ATTORNEYS FEES, SHALL NOT EXCEED THE AGGREGATE AMOUNTS PAID TO TIDAL WAVE BY CLIENT FOR THE SERVICES SUBJECT TO THE DISPUTE OR CLAIM.

Responsibilities and Conditions

Filming Responsibility: Clients are responsible for ensuring that their customers film the required video testimonial within ten (10) days. Tidal Wave is not responsible for tracking down customers to get this filmed. If a customer cannot film within the ten (10) day period due to unforeseen circumstances, the Client has the option to hire a paid actor instead. This service will incur an additional charge of $50.
Lighting and Audio Quality: Tidal Wave is not responsible for poor lighting or audio quality in the user-generated content. Clients are provided with guidelines and a tutorial to ensure the best possible results.
Customer Responses: Tidal Wave reserves the right to edit or reject any content that does not meet acceptable standards. Tidal Wave is not responsible for the content of open-ended responses from the Client’s customers.

Force Majeure

Neither party shall be liable for any failure to perform its obligations under these Terms if such failure results from circumstances beyond the party’s reasonable control, including but not limited to acts of God, war, riots, fire, flood, or other natural disasters.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

Disputes

The laws and the forum of the State of Connecticut govern all Services, these Terms, and the Proposals. Other than claims by Tidal Wave for collection of fees due, any dispute or claim arising out of Services shall be subject to arbitration before a panel of one arbitrator in accordance with the rules of AAA for Commercial Disputes. Prior to initiating any arbitration, Tidal Wave and Client agree to proceed and complete non-binding mediation.