The following outlines the Applause Lab Work Agreement with the Purchasing Customer who is agreeing to the service terms and conditions below. The terms and conditions of this Work Agreement (“Agreement”) are effective as of September 1st, 2019.
This Agreement is made and entered into by and between Applause Lab (“we” or “us”) and the Purchasing Customer (“customer”, “you”, or “they”).
By using the Applause Lab services you are agreeing to accept and comply with this Agreement, which Applause Lab may update at any time without notice. You should visit this page periodically to review the current terms. You understand and agree that your continued use of the Applause Lab service after the terms have changed constitutes your acceptance of the terms as revised.
Engagement of Services
Applause Lab will provide the Purchasing Customer with the creation of Video Testimonials either with one of our Launch plans or subscription-based plan if and only if the customer decides to work with Applause Lab after the approval of one of our launch plans. If the Purchasing Customer does not wish to continue working with Applause Lab, then they will not continue with one of Applause Lab’s yearly video testimonial subscriptions and no additional charges will be made.
Applause Lab’s subscription plans follow an annual renewal period, as selected by the customer. See Compensation section of this Agreement for more details.
All Video Testimonial plans of Applause Lab include the following:
Full account setup with customized interview questions catered to your business
Personalized, branded, and professionally recorded capture link
A video testimonial audit, and our proven email templates to leverage
Professionally edited and branded Video Testimonial (90 -120 seconds +/-)
(For first-time customers) Includes our Onboarding & Setup Fee ($250)
- Unlimited revisions apply within a seven-day time frame after the video testimonial is delivered to the Purchasing Customer. The only exception to this rule is that the customer does not under any circumstance provide Applause Lab with a new directive after we have already worked on a draft. Edits are not free and although we take full responsibility for the overall quality of the edits we produce, our customers are responsible for being as clear as possible with us per the ideas that they want each video testimonial to look like.
- Applause Lab will always source royalty-free music and or leverage provided content, b-roll, and other assets from the purchasing customer.
If, after the launch plan is completed, the Purchasing Customer would like to continue with receiving video testimonials from Applause Lab, they can then select a video testimonial subscription plan that best fits their needs. Our content subscriptions are available via our website here or your Applause Lab Sales Rep here.
Applause Lab video testimonial subscriptions range between 4, 8, 16, or 24 video testimonials per year. See the pricing section here and our add-ons section here from my clarity when it comes to pricing.
Applause Lab will fully complete all services listed in Section 2 above for all deliverables. All video testimonial plans will automatically renew based on the customer’s subscription agreement thereafter.
To cancel your subscription, you can simply contact us in writing via the customer portal or email your project manager directly here: firstname.lastname@example.org
- To be valid, all cancellations of subscriptions must be submitted in writing at least 7 days before your next billing date, which will be 7 days before your plan renews (on or prior to 11:59 PM EST, USA). If your cancellation request is not submitted 7 days before your renewal date, then your next order will not be eligible for cancellation and will automatically renew. After this, your content subscription will be cancelled but not before.
** If Purchasing Customer fails to cancel their content subscription within the allotted time period and refuses to pay their current invoice, any unused orders on the Purchasing Customer’s plan will be used to pay the remaining balance and the content subscription will be automatically cancelled.
*** All unused balances and orders will be deemed void 30 days following the date of cancellation if not used.
**** All unused balances and orders will be deemed void 30 days following the date of a failed payment.
***** At Applause Lab, we offer a 100% satisfaction guarantee on all content we produce with unlimited revisions. Still not happy? We will provide you with a full refund on any individual piece of content you deem unusable.
***** Once a purchase is made it is 100% final it is NOT subject to a refund. It is important to note that all orders purchased will not expire, and will always roll over to be used anytime.
Applause Lab and Purchasing Customer Relationship
Applause Lab’ relationship with the Purchasing Customer will be that of an Independent Contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship. Applause Lab will not be entitled under this Agreement to any of the benefits that the customer may make available to their employees, including but not limited to group health insurance, life insurance, profit-sharing, retirement benefits, paid vacation, holidays or sick leave, or workers’ compensation insurance. No part of Applause Lab’ compensation will be subject to withholding by the Purchasing Customer for the payment of any social security, federal, state, or any other employee payroll taxes. The Purchasing Customer will regularly report amounts paid to Applause Lab by filing a Form 1099-MISC with the Internal Revenue Service as required by law. Applause Lab may perform the services required by this Agreement at any place or location and at such times as Applause Lab shall determine. Applause Lab agrees to provide all tools and instrumentalities, if any, required to perform the services under this Agreement.
Ownership of Property
Applause Lab acknowledges and agrees that all deliverables produced by Applause Lab, including but not limited to client assessments, strategy documents, research reports, notes, correspondence, videos, transitions, music, raw files, etc, in the course of their work for the Purchasing Customer, shall be the property of the Purchasing Customer, and Applause Lab shall retain no ownership, interest, or rights therein.
This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Colorado. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Colorado, as applicable, for any matter arising out of or relating to this Agreement, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in Colorado, such personal jurisdiction shall be non-exclusive.
If any provision of this Agreement is held by a court of law to be illegal, invalid, or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (b) the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
Injunctive Relief for Breach
Applause Lab agrees that its obligations under this Agreement are of a unique character that gives it particular value; Applause Lab’ breach of any of such obligations will result in irreparable and continuing damage to the Purchasing Customer, for which there will be no adequate remedy at law; in the event of such breach, the Purchasing Customer will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper, including monetary damages up to the amount of the service fees received by the individual customer for the individual piece of content, if appropriate.