X2Y CREATIVE LTD Terms of Service
These Terms of Service govern your use of the website located at https://www.x2ycreative.com and any related services provided by X2Y CREATIVE LTD.
By accessing https://www.x2ycreative.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by X2Y CREATIVE LTD.
We, X2Y CREATIVE LTD, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on September 16, 2024.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
remove any copyright or other proprietary notations from any materials and software on this website;
transfer the materials to another person or "mirror" the materials on any other server;
knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service X2Y CREATIVE LTD provides;
use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use this website or its associated services in violation of any applicable laws or regulations;
use this website in conjunction with sending unauthorised advertising or spam;
harvest, collect, or gather user data without the user’s consent; or
use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property in the materials contained in this website are owned by or licensed to X2Y CREATIVE LTD and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a licence, not a transfer of title. This licence shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by X2Y CREATIVE LTD at any time.
Liability
Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, X2Y CREATIVE LTD makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall X2Y CREATIVE LTD or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if X2Y CREATIVE LTD or an authorised representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. X2Y CREATIVE LTD does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
Links
X2Y CREATIVE LTD has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by X2Y CREATIVE LTD of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of United Kingdom. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Pricing and Payment Terms
The amplify¹ and amplify² packages are offered at the following costs:
amplify¹ Package: £149
amplify² Package: £279
Payment Terms:
Payment Method:
Payment for the selected package must be made upfront via the Company’s web store. The web store accepts [list accepted payment methods, e.g., credit/debit cards, PayPal].Additional Revision Requests:
Any revision requests that fall outside the scope of the included revisions will be subject to additional charges. These charges will be invoiced separately via email. The Client must review and settle these invoices before any further work on the additional revisions can commence.Commencement of Work:
Work on the project will only commence once full payment for the package has been received. If additional work is required beyond the initial scope, commencement of that additional work will be contingent upon receipt of payment for the additional charges.Taxes and Fees:
All prices are exclusive of any applicable taxes, which will be added to the total amount due as required by law. Any additional fees incurred during the payment process will be the responsibility of the Client.
By proceeding with the payment, the Client agrees to the outlined terms and acknowledges that no work will begin until all necessary payments have been made.
Client Responsibilities
To ensure the successful completion of the Amplify1 and Amplify2 packages ("the Packages"), the Client is responsible for providing the following materials:
Audio Files:
The Client must provide audio files in either .WAV or .MP3 format. These files are essential for the creation of video and audio-visual content.Videos and Images:
The Client should provide a selection of videos and images for use in the design assets. For optimal results, the Client is encouraged to refer to the Company’s Material Spec Sheet, which outlines preferred file types and specifications for videos and images.
Deadlines and Delivery:
Material Delivery:
While there is no specific deadline for the Client to provide the required materials, work on the project will not commence until all necessary materials have been delivered.
It is the Client’s responsibility to ensure that all materials are submitted in a timely manner to facilitate smooth progress. By placing an order, the Client agrees to these responsibilities and acknowledges that the start of the project is contingent upon the receipt of all required materials.
Creative Ownership
X2Y Creative ("the Company") values collaboration with its Clients and considers all feedback and materials provided during the design process. However, the Company retains ultimate creative authority over the design assets produced under the Amplify1 and Amplify2 packages ("the Packages"). While the Client’s preferences, guidelines, and materials will be taken into account, the final design decisions—including but not limited to stylistic choices, layout, and overall aesthetic direction—are made at the sole discretion of the Company’s designers.
The Client acknowledges that the designer’s expertise and creative judgment are essential in producing high-quality, cohesive design assets. Minor adjustments may be made by the designer to ensure the final deliverables meet the Company’s artistic standards and vision. Should the Client wish to request changes, they are encouraged to refer to the Revisions section of this agreement, which outlines the scope of revisions included in the Packages.
By commissioning the Services, the Client grants the Company the flexibility to make creative decisions necessary to achieve the best possible outcome, within the agreed project scope.
Amplify Design Package - Scope of Services
The amplify¹ package consists of the following deliverables:
1X PROFILE PICTURE (7x DIFFERENT SIZES)
1X COVER DESIGN (5x DIFFERENT SIZES)
1X ‘PRE RELEASE’ STORY
1X ‘OUT NOW’ STORY
1X ‘POST RELEASE’ STORY
1X ‘PRE RELEASE’ VIDEO POST
1X ‘OUT NOW’ VIDEO POST
1X ‘COLLAGE’ VIDEO POSTS
1X PLAYLIST COVER PHOTO
1X PLAYLIST PROMOTIONAL STORY
1X VERTICAL AUDIOVISUALISER
1X LANDSCAPE AUDIOVISUALISER
1X MOTION CAROUSEL
1X SPOTIFY CANVAS
The amplify² package consists of the following deliverables:
3X COVER DESIGN (5x DIFFERENT SIZES)5X ‘PRE RELEASE’ STORY
3X ‘OUT NOW’ STORY
5X ‘POST RELEASE’ STORY
3X ‘PRE RELEASE’ VIDEO POST
3X ‘OUT NOW’ VIDEO POST
3X ‘COLLAGE’ VIDEO POSTS
3X PLAYLIST COVER PHOTO
3X PLAYLIST PROMOTIONAL STORY
2X VERTICAL AUDIO VISUALISER
2X LANDSCAPE AUDIOVISUALISER
3X MOTION CAROUSEL
3X SPOTIFY CANVAS
Delivery Time
As of July 2024, X2Y Creative ("the Company") operates under a standard lead time of seven (7) business days for the delivery of design assets included in the Amplify package ("the Services"). The lead time will commence only after the following conditions have been met:
The Client has provided all necessary materials, including but not limited to images, audio files, and any other content required by the Company for the completion of the Services ("Client Materials").
The Company has received written confirmation via email from the Client confirming that all Client Materials have been uploaded and are satisfactory for production to begin ("Confirmation Email").
The seven (7) business day lead time will begin on the next business day following receipt of the Confirmation Email from the Client. The Company shall not be held liable for any delays resulting from incomplete, incorrect, or delayed submission of Client Materials or Confirmation Email. Any agreed-upon changes or additions to the scope of work after the commencement of the lead time may result in an extension of the delivery period, which will be communicated to the Client in writing.
Revisions
As part of the amplify¹ and amplify² packages ("the Packages"), X2Y Creative ("the Company") offers a limited number of revisions, categorized as Minor Revisions or Wholesale Revisions, as defined below. One (1) round of Minor Revisions is included in the standard pricing of the Packages. Any further revisions or Wholesale Revisions may incur additional charges.
Minor Revisions
Minor Revisions include adjustments that do not fundamentally alter the overall design but allow for customization within the existing framework. These revisions consist of the following:
Changes to Text Colour:
Clients may request changes to the color of the text across all assets included in the Package. This allows for global adjustments to text color to better align with the Client’s visual preferences.
Changes to Text Sizing:
Adjustments to the size of text across the assets can be made. This includes resizing headings, subheadings, or body text to improve readability or fit with the design layout.
Text Alterations or Corrections:
Minor edits to the text itself, such as spelling corrections, grammatical adjustments, or wording changes, are allowed to ensure the accuracy and clarity of the final assets.
Material Selection / Creative Decisions (Up to 10 Image or Footage Swaps):
Clients may swap up to ten (10) images or video footage components across the design package. This enables the Client to replace selected visual elements with alternative materials without affecting the overall design structure.
Text Placement:
Adjustments to the positioning of text within the design can be made. This allows for minor re-positioning to enhance balance and visual appeal while maintaining the overall design concept.
Font Selection:
Clients may request changes to the font used in the design. This includes selecting alternative fonts from those available within the scope of the design project to better reflect the artist's brand identity.
Wholesale Revisions
Wholesale Revisions involve significant changes that alter the overall design concept or structure. These revisions are not included in the standard pricing of the amplify¹ and amplify² packages ("the Packages") and will incur additional charges. The designer at X2Y Creative ("the Company") retains creative authority over key stylistic decisions, and the following revisions fall under Wholesale Revisions due to their impact on the cohesion and integrity of the design:
Overlay Style:
The overlay style refers to the visual elements, such as textures, effects, or footage, that are laid on top of the design assets to create cohesion across the campaign. Requests to change the overlay style, including but not limited to swapping or removing visual effects, may significantly impact the design’s aesthetic unity and are considered Wholesale Revisions.
Transition Style:
Transitions, used between visual elements (particularly in video assets), play a crucial role in creating a seamless flow. Altering the transition style—including the type, timing, or effects used—can affect the overall pacing and visual harmony of the design, and such changes are considered Wholesale Revisions.
Song Section Choice:
The choice of the specific section of a song used in any audio-visual asset is integral to both timing and emotional impact. Changing the selected song section, whether to a different part of the same track or to a new track entirely, may require significant adjustments to the design’s timing and visual rhythm, constituting a Wholesale Revision.
Text Flow/Structure:
The arrangement and flow of text throughout the design contribute to readability and visual hierarchy. Requests to fundamentally alter the structure of how text is presented, including reordering or reformatting major portions of text, will be treated as Wholesale Revisions as they can require substantial layout modifications.
Colour Grading:
Colour grading refers to the overall adjustment of colors in images and video footage to create a particular mood or style. While we do not typically make large changes to the colors of the materials provided by the Client, the Company may make minor adjustments to ensure a cohesive visual flow across the entire design. Requests for significant changes to the color grading, such as drastic alterations to the color scheme or mood, may require reworking of design elements and are thus considered Wholesale Revisions.
The Company reserves the right to determine, at its sole discretion, whether a requested change constitutes a Minor or Wholesale Revision. The Client will be notified in writing if a revision request falls outside the scope of Minor Revisions and will be provided with a new cost estimate for approval.
Video Quality
X2Y Creative ("the Company") is committed to delivering high-quality video content as part of the amplify¹ and amplify² packages ("the Packages"). The Company will work with the footage and images provided by the Client to achieve the best possible results. However, the Client acknowledges that the quality of the final video output is dependent on the quality of the original materials supplied.
In cases where footage or images need to be scaled up or resized to fit the required dimensions or formats, some reduction in quality may occur, including but not limited to pixelation, blurring, or loss of detail. The Company will make every effort to minimize these issues and optimize the provided materials, but cannot guarantee that the final product will match the quality of original high-resolution files if lower-quality materials are supplied.
Clients are encouraged to provide the highest resolution and quality of footage and images to ensure the best possible outcome in the final video.
Usage Rights and License
Upon delivery of the final design assets as part of the Amplify1 and Amplify2 packages ("the Packages"), X2Y Creative ("the Company") grants the Client a non-exclusive, perpetual license to use, reproduce, and distribute the designs for the purposes specified in the project scope.
Rights Granted:
Usage: The Client has the right to use the final designs for any lawful purpose, including but not limited to promotional activities, social media, website content, print materials, and other media platforms.
Reproduction: The Client may reproduce the final designs in any format or medium, including digital and physical formats, provided that such reproduction remains within the bounds of the agreed-upon usage.
Distribution: The Client may distribute the final designs as needed for their promotional campaigns and related activities. This includes sharing the designs with third parties for use in the specified context.
Restrictions:
Modification: The Client may make reasonable modifications to the final designs to suit their needs. However, any significant alterations that alter the original design concept should be discussed with the Company, especially if they impact the integrity of the design.
Resale: The Client may not resell, license, or otherwise distribute the final designs independently of the scope of the project without obtaining prior written consent from the Company.
Attribution: The Company’s copyright and credit information should be maintained in the final designs if required by the project agreement. The Client agrees to provide proper attribution as specified, where applicable.
By using the final designs, the Client agrees to adhere to the terms outlined in this section and acknowledges that all rights not expressly granted herein are reserved by the Company.