Terms & conditions of Use for Our Website & Your Account

This Terms of Use is an agreement between PhotoAndVideoEdits.com  (hereafter referred to as “PvEdits.com”, “Us”, “We”, or “Our”) and the guest or registered user (hereafter referred to as “You”, “Your”, “Yourself”, “User”, “Customer” or “Signee”), which is anyone who is soliciting or using the services of the PvEdits.com.

Your access to all the services and features available from the PvEdits.com are subject to the terms mentioned in this electronic document. This legally binding contract does not require any physical or digital signature from you. You will be in agreement of all the terms listed here by using this website, the services and/or features available on this website.

PvEdits.com reserves the right to change the contents of this website anytime it deems fit, and that includes the contents of this Terms of Use without written notice to the user.  You should note the date at the bottom of this page prior to each order and if the date has changed since your last order you should re-read these 'terms of use' in full as each time you order, you are agreeing to any new or changed terms.  By continuing to use the website and PvEdits.com services, you will be in agreement of the Terms of Use that are on display here during the time of your use of our services and website.

Please read these Terms of Use listed here before using this website, the information listed on the website, our services, or any other features of this website. If you do not agree with these terms, please do not use this website or create an account by accepting these terms.

 

  1

Our Product

It is PvEdits.com's sole discretion to determine the contents, features, aesthetics, design, functionality, and other aspects of the website. Presently, the users of PvEdits.com can solicit PvEdits.com’s services by uploading their files using the system provided on the website. PvEdits.com may modify or remove the uploading functionality from the website, if it so deems fit. Also, PvEdits.com may suspend all of its services and the website for a limited period to carry out maintenance, upgrades, and other back end activities. PvEdits.com will not do anything that goes against the law in any way.

PvEdits.com offers its photo and video editing Platform to its users through its website, which is located at PvEdits.com (hereafter also referred to as “The Website”). All the detailed features of PvEdits.com ’s photo and video editing services, such as pricing, editing techniques, editing procedures, and other editing features are listed on PvEdits.com. PvEdits.com reserves the right to make changes to any of these features, services, and information listed on this website. Your continued use of logging in to your account is affirmation of your acceptance of the new features and information.

  2

Use of Product

PvEdits.com may remove any content that it deems inappropriate from its website or other platforms, or terminate the user’s account to prevent access to the services of PvEdits.com, if the finds the user in violation of any of the provisions mentioned in this section.

Users shall not submit to PvEdits.com any material that is illegal, threatening, obscene or indecent, defamatory, misleading, in poor taste, invasive of privacy, inappropriate, or infringing on any third party property rights (collectively termed as “Inappropriate Material”).

Further, the user shall also agree to bind by all the laws involving privacy, applicable export controls, and others when soliciting the photo and video editing services of PvEdits.com. Also, the user shall agree to not indulge in any activities that may harm PvEdits.com’s computers, servers, and other digital infrastructure, nor violate any state or federal laws.

  3

Billing & Accounts

(a) Users of PvEdits.com will pay PvEdits.com for its services in accordance with the Monthly Plan (if selected) by the users on the website. The invoices for the 'Monthly Plan' services offered by PvEdits.com will be generated on the first of each month, and the users are charged as per their invoices on the same day as the generation of their invoices, i.e. at the beginning of each month. Therefore, users should ensure that the payment will process in full on the 1st of each month when their respective invoices are generated. Failing to do so will lead to the user’s account being considered delinquent, which can lead to suspension of the respective account or termination of the respective account.

(b) If an account on a Monthly Plan goes into 'negative credits', you will be emailed a notice that we will charge the account how ever many credits the balance went negative in order to bring the account back to a zero balance.

(c) All payments will be charged in U.S. dollars. Further, the payment of any applicable taxes, levies, or duties on the payments will be the responsibility of the user. If the user believes that they have been incorrectly charged in their invoice, then they should contact PvEdits.com in writing within a maximum of 30 days from the date of generation of the respective invoice, explaining the nature and amount requiring correction. Failing to do so will result in formalization of the invoice as final, and no changes will be made to it.

(d) PvEdits.com reserves the right to suspend or terminate the user’s account and thereby access to all the services from PvEdits.com, should the user fail to make the payments in full, as per their invoices. Further, all delinquent invoices will attract a monthly interest rate of 15% or the maximum permitted by law, whichever is less, on any outstanding balance pending for the user. In addition, all the expenses of collection, if any, such as court fees, reasonable attorneys’ fees, and so on will be borne by the user.

(e) You are only allowed to claim and redeem the 20 free credits trial offer on the account of one household/family member (once in the family lifetime). For example, you cannot have a husband and wife claiming 20 free credits each even on separate accounts.  If there is a pattern where someone has created multiple accounts (with similarities in names and telephone numbers as well as IP addresses) in order to redeem more credits for free, it is considered a fraudulent transaction per Federal Law 18 U.S.C. § 1030(a)(4) (accessing a computer/website to defraud and obtain something of value) and should be reported to the local FBI field office where the fraud took place (if known). However, we would prefer to treat it as a collectable debt and would rather it be solved by customer paying for  overage of free credits that they used beyond 20 credits.  If we have a credit card on file for you, you will be given the opportunity to pay for the credits owed within 2 days of being notified by us. If not,  we will charge your account and consider the matter resolved.   If you do not have a credit card on file with us and do not add one and make payment to one of the accounts you created and pay what you owe, then you leave us no choice but to notify and report the fraudulent act to the local FBI field office where the fraud to place.

(f) If you realize that you duplicated an order by accident, you must notify before any of the orders have been assigned to any editors (orders are assigned when they are in 'processing' status in your dashboard).  This way, we can delete the order and credit you back for the duplicate order before the editor has started the edit (as no work would have been performed by an editor as it has not been assigned).  Please note that our system automatically assigns orders to available editors that are online and are accepting jobs so it's vital that you inform us prior to your order going to 'Processing' status and do it immediately after you duplicated the order.    Please understand that it's only fair to the editor that once they have started an edit that they should be compensated.

(g) Accounts that have not placed an order within the past 365 days will be considered as abandoned and will be deleted.  Any credits in an account at the time of abandonment/deletion will be forfeited. Deleted accounts cannot be retrieved and credits will not be re-issued once the account is deleted.

 

4

Cancelation of a Monthly Plan, Monthly Plan Renewal Failure, Cancelation of account & Refunds 

(a) If you wish to cancel a monthly plan and have not been on one for 3 full consecutive months you will forfeit any remaining credits in your account.  For example, if you join a monthly plan on say May 10th, then 3 full months on from there would mean that you would have to remain on the plan until August in order to not forfeit any credits. This is due to the fact that monthly credits are deeply discounted and so require a minimum of a 3 full month commitment to benefit from the pricing. To cancel a monthly plan simply contact support and request your monthly plan cancelation.  Once you have canceled your Monthly Plan, you may continue to use our editing services by purchasing 'Pay As You Go' or 'No Plan Credits' without being on a Monthly Plan.

(b) Refunds on Credits: Our discounted pricing is based on monthly volume as well as all of the credits being used once purchased at a discounted price. This includes buying bulk 'No Plan' credits. Therefore, unused credits cannot be refunded at the discounted price as the purchase price was based on a bulk price of using ALL of the credits. If you want a refund on any unused credit credit balance for credits purchased within the current month, then our regular Pay-As-You-Go rate of $1.75 per credit will be applied and be used to calculate and refunds for credits purchased in the current month. For example, if you have 600 credits that were purchase in the current month and you have used 100 credits and wish to be refunded for the 500 unused credits within that month, you will receive a credit of $285.71 (500 ÷ $1.75 = $285.71). Credit balances that were purchased previous to the current month are NON-REFUNDABLE or transferable. However, if you have a balance from the previous month of 1000 credits or more and wish to close your account, we will as a courtesy refund you $100 and close your account. If you have been on a monthly plan for 3 months or more and want to end your monthly plan so that it does not renew, let us know and we will take you off of your plan so you can use your remaining credits in your account (before you close your account).

(c) Refunds on orders: We do not offer credit refunds (partial or in full) on orders where work has been started or completed. Only where orders that are late past 24 hours due to the editor not completing the order in time, will you receive a partial credit refund. Calculated times are based on on the email you receive with our turn around time stated in the email. For times up to 26 hours (up to 2 hours late), you will receive 10% (in credits) for the amount of photos edited. For example, if we edited 40 photos you would receive 4 credits back. For orders up to 30 hours (up to 6 hours late), you will receive 20% equal to 8 credits back and for orders up to 36 hours (up to 12 hours late) you will receive 40%, equal to 16 credits back. Credit refunds will not be made due to things beyond our control such as an internet failure from our service providers (there is only one international line coming in to the Philippines). We have 2 service providers, a primary and a back up. Please understand that the edits are edited in a developing nation where even though it is very rare, the internet throughout a region has gone offline for a day or so which means that all service providers go offline. The last time this happened was 2018, so it is very rare.

(d)Should you forget to close your account and it renews on the 1st of the month, you have a 48 hour grace period (until midnight U.S.A. EST on the 2nd day of the month) to notify us that you intended to close your account but forgot to. We will then refund the renewal charge.  However, you must not have placed an order since the beginning of the new month as this will nullify the grace period and we cannot refund you the renewal.

(e) If your credit card does not process for your monthly plan renewal, you will not be able to use your account until payment is successful for the renewal (even though you may have credits available in your account).  We may retry to renew your subscription up to 3 more times during the month.  If you do not update your credit card information to bring your account 'up to date' with your plan renewal before the end of the month, it will be deemed that you no longer wish to maintain your account and your account will automatically be closed at the beginning of the last day of the month. This will result in the forfeiture of any unused credits in your account due to the fact that all monthly plan pricing is contingent upon 'subscription renewal'.

(f) Please note that the closing of any account will be permanently deleted including any billing information and any and all photos and videos on our servers. This  cannot be undone once an account is closed.

(g) If you previously worked as a photographer for one of our active customers (active meaning ordered at least 10 orders in the previous month) and somehow found out that the white label website you had been uploading to was us and left to set up business for yourself, we cannot accept you as a customer without first getting the permission from the active customer.  This is just good business practice to ensure that our main account holders are not training photographers to work for them only to leave and become competition to them. You would not know of us if not for them. If you set up an account and we notice that you were a previous white label photographer, we will first inform the active customer. Should they request that we close your account, we will.  Any credits left in your account at the time will be refunded at the rate of $1.75 per credit. 

 

  5

Photos and Videos

When you upload any files to use whether it is a photo, video or audio file, you are agreeing that you are the copyright owner of these files or you have written permission from the copyright holder to use these files in anyway, including any royalty free music. When uploading any files, you agree to indemnify PVEdits.com from any lawsuit brought forth from any third party for any claim if it turns out that you did not have authorization to use any files you uploaded to us.

All the rights, permissions, ownerships, and responsibility of the photos and videos submitted by the users remain solely with the user. They will be responsible for the copyright permissions, appropriateness, accuracy, reliability, legality, integrity, and quality of such media content when they submit them to PvEdits.com for editing.

As we edit and are responsible for the final look of the photos and/or video, you agree and are granting a commercial license from the time you upload the photos until to the end of time. to PvEdits.com for the use of any photos and or video submitted by the users for our use to further market PVEdits.com in any way we see fit. The license grants us use of the photos and or video in any way that we deem fit without crediting you the copyright holder. The license does not allow us the rights to sell the photos and or video to any third party.

PvEdits.com may also use any or all the data collected from the users, be it personal or non-personal data, to offer customized services, for statistical reporting, and also for the purposes of targeted marketing to the users. We may also use aggregate anonymous data of its users to improve and execute its internal activities. All the aggregated data collected in this manner will be the sole property of PvEdits.com. PvEdits.com will take appropriate steps to put in place commercially reasonable security measures to protect the data of users, whether uniquely identifiable or anonymously generated, from unauthorized access.

On the 1st of the month, Renewable Monthly Plans will be charged upload server fees for the total amount of original files that were uploaded to your account from the previous month as you account is charged in arrears.  1 credit for every 4GB (or part thereof) of uploaded files will be deducted from your credit balance. Example:  If 14.6 GB of files were uploaded, 4 credits will be deducted.  Storage sizes on your computer are calculated slightly different than storage uploaded to the cloud.  Your computer calculates 1000mb as 1 GB of storage.  But the actual storage when uploaded to a server calculates as 1024mb.  Therefore, when you upload 2GB’s worth of files from your computer to a server,  the real size of storage is 2.048GB. 

You understand and agree that credit deductions for Cloud server fees will be made on the 1st of each month for the previous months peak storage used.  Please be aware that if you close your account, all of the stored files associated with that account are deleted and cannot be retrieved once your account is closed. 

WE ARE CURRENTLY WAIVING THESE CHARGES in doing our bit to help put until the co-vid pandemic dies down and the USA goes back to some sort of normality.

Cloud server fees are waived for 'No Plan Credits' and 'Pay as you Go Credits' and will be credited back into your account shortly after they are deducted (on the 1st of the month).  Crediting back storage charges is a manual process for us so please give us a little time to credit your account.

  

Edited photo files are auto deleted from our servers after 14 Days. Please be sure to download them before then as once deleted they cannot be retrieved.  

We like to keep a clean and tidy database of any incomplete orders and as such any 'Incomplete Orders' in a users account will be deleted by us 24 hours after order creation. 

  6

Imposed Credit Additions/Deductions from your Account

If you upload an order of photos with incorrect grouping, our system will not allow us to process the order and return the photos to you. Most of the time, we are made aware of the incorrect grouping when the editor is ready to upload them into your account but cannot as the photo upload slots do not match the final photo count. Our awareness of this could be as long as 12 to 14 hours after you place your order. So for your order to be processed it has to be corrected. This is a manual process for which a variable fee MAY be charged because it depends on your order.  This fee may be charged entirely at our discretion. We have to correct your order into the correct grouping which will result in additional charges. If you want to avoid any additional charges, it is vital that you make sure that you select the correct grouping for each order when ordering.

You will not be notified should we have to correct an incorrect order as we assume that you need the edited photos back from us with the least amount of delay as possible. The charge for this will be what ever the credit cost was for your incorrect (grouping) order, plus of course the corrected order cost. For example, let's say you placed an order of 10 single shot photos which should have resulted in 10 finished photos.  The charge to your account should be 10 credits.  However, when placing your order, you selected groups of 2 photos instead of single photos which resulted in your account only being charged 5 credits instead of 10 credits.  Therefore, we have to delete the incorrect order and re-upload the order selecting the correct grouping . The fee for this is whatever credits were deducted for your incorrect order plus the correct credit cost for the corrected order.  Again, this fee may be charged entirely at our discretion.

Paid Adjustment Requests.  If you do not select the correct 'paid' check boxes per your adjustment request(s), we will automatically correct your selected check boxes which will add the correct credit charges to your account.

We reserve the right to make changes to any promotions or giveaways with or without notice. If credits have been purchased for any promotion where that promotion has been changed, been amended or ceased, we will refund any monies paid for any unused credits for that promotion or amendment to the promotion.

  7

Users Account Security

To prevent unauthorized access, the users will take necessary steps to ensure the security and confidentiality of all the data in their accounts with us, mainly by not sharing their usernames and passwords with unauthorized personnel. In the event that they discover that their account security has been compromised or is susceptible to compromise, they will take immediate steps to change their password. Users are responsible for all the activities that take place in their respective accounts. Users should not create an account if they work for a similar business with this service. Doing so may bring legal action due to copyrighting of our intellectual property rights.

  8

Entitlement

The user is only entitled to the services provided by PvEdits.com and is not accorded any ownership rights or licenses to PvEdits.com’s content and data. PvEdits.com’s names, logos, images, brands, product names, and other materials are trademarks of PvEdits.com.

  9

Cookie and Targeted Advertising Policy

Cookies are small files that are stored on your hard drive by PvEdits.com to uniquely identify your browser. Our website uses cookies to personalize your experience on our website, and improve its performance. Cookies are also used for targeted marketing purposes on not only our website, but also when you use other websites. PvEdits.com also makes use of other useful technologies like tracking pixels, and collects uniquely identifiable data to personalize and improve our services for our users.

  10

Privacy Policy

Our Privacy Policy provides information on how PVedits.com collects, uses and discloses information from all users of the Services and/or information obtained through your purchase of Products through the Services. If you use the Services to process personal data from residents of the European Economic Area, PVedits.com Data Processing Addendum supplements these Terms of Use. In the event of a conflict between these Terms of Use and the Data Processing Addendum, the terms provided in the Data Processing Addendum will govern.

  10

Warranty

PvEdits.com does not guarantee nor warrant that any or all the services provided by it, including the website features, will operate free of any coding or similar issues, without any interruptions, or without any bugs. PvEdits.com will not take responsibility for the software, third-party services, and the performance of the internet connection used by the user.

None of the products, services, features, or anything else from PvEdits.com is covered under any kind of warranties. Further, PvEdits.com takes no responsibility for the merchantability or suitability of its website or the features and services offered through it. All the services and content offered by PvEdits.com to the users is provided on an “as is” basis. We reserve the right to change the terms of use at anytime without notice.

  11

Liability

The extent of aggregate liability of PvEdits.com its directors and agents with regards to any legal claim, including contracts and torts, made by the user will not exceed the total profits made by PvEdits.com in the three months before the event which triggered the legal claim. Further, the user shall pay for any financial losses suffered by PvEdits.com because of any third-party claim, unless otherwise specified in this contract.



Last updated on 10-07-2021