- Video Testimonials Ltd Terms and Conditions

Video Testimonials Ltd (“VTL”)

Definitions

“The Commissioning Party” shall mean the customer of VTL who orders the production of a video testimonial, or other internet video service.
“The Testimonial Provider” shall mean a customer or client or former customer or client of the Commissioning Party who is requested to and agrees to provide a video testimonial.

Payment
1. Any prices quoted by VTL to the “Commissioning Party” are due in advance of the commencement of work by VTL in respect of the video service commissioned and are exclusive of VAT.
2. The prices quoted for Video Testimonials and Video Introductions include the VTL logo being shown at the end of the video and a link to VTL being present at the bottom of the video player when streamed. The prices for Video Hosting include a link to VTL being present at the bottom of the video player when streamed. The “Commissioning Party” can request for either the logo or the link to be removed, however, an additional fee will be charged.
Testimonial content and form
1. “The Commissioning Party”, confirms that “the Testimonial Provider” has been selected to provide a video testimonial and is or has been a bona fide client of the “Commissioning Party” and has genuinely received benefit(s) from the “Commissioning Party’s” service, product or facility.
2. The “Commissioning Party” agrees that if not satisfied with content format or otherwise of the video testimonial provided it will provide to VTL within 7 days of seeing the video testimonial for the first time, details in writing of such dissatisfaction, such to be specifically identified.
3. No alterations will be permitted to the content of the video testimonial if the content has been prepared in the first instance by the “Testimonial Provider” or the “Commissioning Party” and in either event the “Commissioning Party” agrees in writing the content of the same.
4. VTL limited will at all times use its reasonable endeavours to agree the content of the video testimonial with the “Commissioning Party” and (if the “Commissioning Party” so requires) with the “Testimonial Provider” and it shall be noted in writing that such agreed format has been agreed and whether (or not) the “Testimonial Provider” has agreed as well the content of the video testimonial.
5. At all material times the initial order and specifications in respect of the video testimonial shall form the basis of the contract between the parties and any amendments thereto with both parties acting reasonably at all times in respect of any modifications requested in respect of the said video testimonial.
6. VTL may reject or require alteration to any artwork materials or text prepared by the “Commissioning Party” if in VTL’s opinion this does not comply with any legal or moral obligations.
7. The maximum duration of a single video testimonial is 2 minutes.
Guarantee
1. If "the commissioning party" has a minimum of 3 video testimonials, uses VTL's hosting facility for streaming, and follows VTL's advice in the individualised assessment of the “commissioning party’s” website, VTL guarantees the "commissioning party's" website will receive an increased conversion rate within 4 months.
2. VTL's individualised assessment of “the commissioning party’s” website must be requested by “the commissioning party” prior to production of the testimonials. This will be emailed to “the commissioning party” and a copy will be kept by VTL. Still pictures from screen grabs of the "commissioning party's" website will be made by VTL as proof of observance of the placement advice or not and kept by them on record, and they will indicate in their records whether the "commissioning party" has followed their advice or not. If not, the guarantee is not applicable. VTL will also adjudge if the other factors in the report have been adhered to, such as content and duration, and a note made in their records of observance or not.
3. The time frame for the conversion rate statistic is based on a calendar month.
4. The conversion rate is defined as the percentage of website visitors that submit a completed website form, make a sale directly on the website, or follow some other measurable call to action that is relevant for the "commissioning party". These statistics must be monitored using a third party analytics system.
5. If a claim is made that the monthly conversion rate has not improved, this must be proved with documentary evidence from a third party analytics system. The stats must show an 8 month period, the 4 months prior to integration of the video testimonials and the 4 months after their integration. The highest conversion rate figure from the 4 calendar months before integration will be compared to the highest conversion rate figure from the 4 calendar months after integration. If the conversion rate after integration is the same or lower than that before integration, the claim has been successful, subject to it meeting the conditions of the guarantee.
6. All claims that the conversion rate has not improved since integration of video testimonials must be made in writing within 5 months of their integration. If no claim is made by the end of the 5th month after integrating video testimonials, this is deemed as acceptance that the conversion rate has improved since integration, and no claims will be considered after this time.
7. The time of integration is defined as the day the third video testimonial went live on the "commissioning party's" website. This date is recorded by VTL.
8. When making a claim that the conversion rate has not increased, the "commissioning party” must notify VTL of what their measurable conversion action is. VTL will then adjudge if this is an authentic and reasonable conversion action, e.g. a newsletter sign-up, completed online enquiry form, online sale, etc., and not a fabricated and false claim.
9. If the "commissioning party” has more than 1 conversion action on their website, then only 1 of them has to increase for it to be deemed that the conversion rate has improved.
10. If a claim is made that the conversion rate has not improved, and it is supported with the required documentary proof from a third party analytics system, and the guarantee conditions have been met, then VTL will refund the production costs of the video testimonials to the "commissioning party". However, the money paid for streaming hosting is non-refundable.
Testimonial Provider/Commissioning Party not present at the agreed time
If the “Testimonial Provider” or “Commissioning Party” (for a Personal/Company Introduction) is not present at the date and time agreed with VTL (which date and time shall be made known to the “Commissioning Party” reasonably in advance in any event) then it is agreed that the “Commissioning Party” shall meet all additional courier costs incurred by VTL and VTL reserve the right to reasonably increase the amount required of the “Commissioning Party” under the terms of this agreement.
Copyright
1. The “Commissioning Party” retains all rights in the recordings made, and they shall be entitled to use these solely in connection with promoting “the Commissioning Party” in all media, in any part of the World.
2. The “Commissioning Party” confirms that in respect of any video prepared by or on behalf of it that the preparation does not place “VTL” in breach of any contract or copyright or trademark or any other personal or proprietary right.
Streaming
1. “VTL” will stream the video over the Internet to “the Commissioning Party’s” website for a monthly fee, payable a month in-arrears by recurring credit/debit card payment. This will be set-up after the approval and successful integration on “the Commissioning Party’s” website.
2. If payment is not made for any reason, then access to the video will be suspended. This will only be reinstated once cleared payment is received.
3. The streaming costs advertised are for video player sizes up to 320x294. The price increases for larger sizes.
Contract Length
There is no minimum contract length. Written notice is required to cancel the contract.
Data Protection
I, “the Commissioning Party”, grant permission for VTL to keep its information on record. This information will be held securely under the Data Protection Act and accessed only by VTL.

Terms and Conditions for Commissioning Party