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Terms and Conditions

These Terms and Conditions regulate sales on the Mograms platform. The Supplier reserves the right to amend these Terms and Conditions of Sale and the Privacy Policy and such amendments will be notified to Users via the Website by means of a specific notice. Such communication may, at the Supplier’s discretion, also be made by sending an e-mail.

ARTICLE 1 DEFINITIONS

For the purposes of this contract, the following meanings are understood:

Service provider: Monkey Talkie Srl with head office in Milan, via Angelo Pergola no.8 VAT no. 06417030969 e-mail: info@monkeytalkie.com

General Terms and Conditions: all of these contractual clauses that determine and define the relationship between the Supplier and the Customer

Website: Mograms.com

Services: sale of video contents and editing services

Purchase: the purchase for a consideration of the above Service from the day of the conclusion of the purchase

Order: the purchase proposal made by the User through the procedures of the Website and in particular through the Shopping Cart.

Shopping Cart: the phase of the purchase procedure in which the User formulates her/his purchase proposal, selecting the payment methods to be used

Material: all material on the platform

Customer: any party that purchases the Service sold through the Website

Professional: one who acts for professional or entrepreneurial purposes

User: any party that has access to the website


ARTICLE 2 PURPOSE OF THE CONTRACT

These Terms and Conditions of Sale set out the conditions of use of the website and of the mobile application, the definition and the terms of purchase of the Services and are valid between the Supplier and any User making a purchase on the Website. Any toleration by the Supplier of conduct which is in breach of the provisions of these conditions shall not constitute a waiver of the rights to which that party is entitled hereunder. Should any of the conditions be found to be invalid or ineffective, any such invalidity or ineffectiveness shall not extend to the remaining clauses of the contract.

ARTICLE 3 DESCRIPTION OF THE SERVICE

The Service offered by the Supplier includes three content creation experiences of the Customer’s choice, and in particular:

Mograms “FASTER” EXPERIENCE

The Customer who chooses to purchase the Mograms Faster Experience for positioning on the main social networks is entitled to:

  • 1 (one) video chosen following the selection of 1 (one) layout among those offered by the Supplier in 9:16, 4:5, 16:9 and 1:1 formats; The Customer uploads the image to be used for the video of the content and in the dedicated space on the website indicates the information about her/his product or the content to be created, the target audience and on which social network the content to be created is to be used. These activities are necessary to proceed with the purchase of this Service. Within 2 working days from the purchase of this Service, the Supplier shall send the Customer the video in the four formats by e-mail. The videos made and sent to the Customer by e-mail cannot be modified. The Customer may at any time request extra activities indicated on the website by proceeding with a new order.
Mograms “BETTER” EXPERIENCE

The Customer who chooses to purchase the Mograms Better Experience for concept positioning on the main social networks is entitled to:

  • 1 (one) or more completely tailor-made videos;
  • choose 1 (one) of the packages proposed by the Supplier aimed at specific objectives, such as but not limited to holidays, certain social networks, etc…;
  • if the Customer has not found a package to her/his liking among those offered by the Supplier, she/he can use a configurator to create an ad hoc package. After choosing the most suitable package and/or creating it with the configurator and loading it into the shopping cart, the Customer fills in the Brief providing all the information on the product, on any campaigns to be carried out and uploads the required materials and assets, if any. These activities are necessary to proceed with the purchase of this Service. After making the purchase, the Customer will receive, both by email and on the platform, an invitation to arrange a telephone call with a Project Manager appointed by the Supplier who will have the task of assisting the Customer throughout the process and will check that the material sent by the Customer is complete and correct.

In the event that the Customer declines two telephone call invitations from the Project Manager, fails to respond to two telephone call invitations by email and/or does not take the calls, the Supplier’s activity shall be deemed to have been carried out and the Supplier shall be entitled to retain the sums paid for this service. After making the telephone call with the Project Manager, the Customer will receive an email containing specifications on the timing of the work with a schedule of all activities related to her/his project.
After receipt of the schedule and in accordance with the timeframe indicated therein, the Customer will receive, both by e-mail and on the platform, 2 (two) video proposals from which to choose.
Within 1 working day of receiving the 2 (two) video proposals, the Customer may indicate which of the two proposals she/he has chosen and request any changes to it. The maximum number of changes the Customer may make is two.
The video concept proposal shall be deemed to have been approved if the Customer communicates in writing that it complies with the request, or if the Supplier does not receive any communication in writing from the Customer in this respect within the period specified. After the Customer has approved the video proposal or after the expiry of the aforementioned period without the Customer having submitted any changes to the Supplier, any subsequent changes shall be subject to a separate economic proposal that the Supplier will submit to the Customer.
The Supplier will therefore proceed to make the video proposal purchased and will send the Customer an email notification containing the link to the website from which to download the videos.
The videos purchased will be available on the website for 12 months.
Within 1 working day of the aforementioned email being sent by the Supplier, the Customer may request a single modification of the video made.
The Customer may at any time request extra activities indicated on the website by proceeding with a new order.

Mograms “STRONGER” EXPERIENCE

The Customer who chooses to purchase the Mograms Stronger Experience is entitled to:

  • 1 (one) or more completely tailor-made video;
  • choose 1 (one) of the packages offered by the Supplier aimed at specific objectives, such as but not limited to holidays, certain social networks, etc…;
  • if the Customer has not found a package to her/his liking among those offered by the Supplier, she/he can use a configurator to create an ad hoc package.
    After choosing the most suitable package or creating it with the configurator and loading it into the shopping cart, the Customer fills in the Brief providing all the information on the product, on any campaigns to be carried out and uploads the required materials and assets, if any.
    These activities are necessary to proceed with the purchase of this Service.
    After having made the purchase, the Customer will receive by e-mail the invitation to fix the date of the one-day in-house live workshop to participate in the creative phase of the project.
    The live workshop will take place via an online platform and the Creative Strategist and the Motion Designer will take part. The Customer acknowledges that she/he can have her/his team participate in the live workshop. In the event that the Customer declines two live workshop invitations from the Supplier, fails to respond to two live workshop invitations by email and/or fails to attend the same, the Supplier’s activity shall be deemed to have been carried out and the Supplier shall be entitled to retain the sums paid for this service. The work shall be carried out after the live workshop.
    After setting the date of the live workshop, the Customer will receive by email an invitation to arrange a telephone call with a Project Manager appointed by the Supplier, who will assist the Customer throughout the process and will check that the material sent by the Customer is complete and correct. The Customer acknowledges and accepts that the telephone call with the Project Manager must take place before the live workshop.
    In the event that the Customer declines two telephone call invitations from the Project Manager, fails to respond to two telephone call invitations by email and/or does not take the calls, the Supplier’s activity shall be deemed to have been carried out and the Supplier shall be entitled to retain the sums paid for this service.
    After making the telephone call with the Project Manager, the Customer will receive an email containing specifications on the timescale of the work with a schedule of all activities related to her/his project.
    After receiving the schedule and according to the timetable indicated in it, the Customer will participate in the live workshop day during which the creative proposals will be made. The Customer will receive both by e-mail and on the platform the creative proposals made during the live workshop and must confirm her/his choice.
    Within 1 working day of receiving the video proposals, the Customer may indicate which of the two proposals she/he has chosen and request any changes to it. The maximum number of changes the Customer may make is one.
    The video proposals shall be deemed to have been approved if the Customer communicates in writing that it complies with the request, or if the Supplier does not receive any communication in writing from the Customer in this respect within the period specified. After the Customer has approved the video proposal or after the expiry of the aforementioned period without the Customer having submitted any changes to the Supplier, any subsequent changes shall be subject to a separate economic proposal that the Supplier will submit to the Customer. The Supplier will therefore proceed to make the videos purchased and will send the Customer an email notification containing the link to the website from which to download the videos. The videos purchased will be available on the website for 12 months. Within 1 days of the aforementioned email being sent by the Supplier, the Customer may request a single modification of the video made. The Customer may at any time request extra activities indicated on the website by proceeding with a new order.

ARTICLE 4 DURATION OF THE SERVICE

The duration of the services chosen by the Customer shall be equal to the time required for them to be carried out. The Customer acknowledges that the services covered by this contract may be used within a maximum period of 6 (six) months from the purchase. Therefore, in the event of them not being carried out or of them being partially carried out within the aforementioned period, this contract shall be terminated by right and the Supplier shall be entitled to retain the sums received from the Customer up to that time, to obtain a reimbursement of the expenses incurred up to that time and, in any event, to request payment of any instalments accrued up to that time that have not been paid by the Customer.

ARTICLE 5 PRICES

The price of the Services is displayed on the Website in euros (€), excluding VAT. The Supplier reserves the right to change the price at any time, without prior notice, on the understanding that the price charged to the User will be the price indicated on the website at the time the order is placed and that no account will be taken of any variations (upwards or downwards) following the transmission of the order.

ARTICLE 6 HOW TO REGISTER

In order to be able to purchase the Service, the User must register for the Service using an email and password and/or Facebook account and/or Google account.At the time of registration and at the time of entering the data, the User declares that:

  • she/he is of legal age and legally capable;
  • she/he shall comply with all legal and contractual provisions applicable to these Terms and Conditions;
  • she/he is the lawful owner of the data entered, which shall be deemed true, correct and up-to-date;

ARTICLE 7 PURCHASE PROCEDURE

The User may purchase all the Services offered for sale on the Website, as described, by following all the purchase procedures indicated and provided for on the Website itself. In order to purchase the Services, the User shall fill in the Order form in electronic format, following all the instructions on the relevant page of the Website. The Order Form contains a summary of the main conditions, including price, methods of payment and information on the main features of the Service. The User shall, after having read the Terms and Conditions and the Privacy Policy, proceed with sending the Order Form. The applicable Terms and Conditions are those in force at the time of the Order and can be found on this page of the Website. The Contract concluded between the Supplier and the Customer shall be deemed to be concluded upon confirmation of the purchase by the Supplier. Acceptance of the Order will be communicated by the Supplier to the Customer by means of an e-mail, sent to the e-mail address communicated when placing the Order.

ARTICLE 8 PAYMENT METHOD

Once the Order has been placed, the Customer undertakes to pay the requested price, in accordance with the procedures set out on the Website. Payment is made in a single instalment in advance. The accepted method of payment is:

  1. PayPal If the Customer chooses to pay via the PayPal platform, at the time of payment her/his browser will be directed to a secure server page with SSL encryption by entering her/his username and password. In this way, only PayPal will be in possession of the Customer’s data, which will not be visible to the Supplier in any way. The amount of the order is debited from the Customer’s PayPal account on receipt of the order. In the event of cancellation, the amount is refunded to the Customer’s PayPal account.
  2. Stripe The Customer can pay for the Order through the Stripe platform, which enables payments to be made and received by a top-up card or credit card belonging to the Visa or Mastercard circuit.
  3. Credit card If the Customer chooses to pay with another credit card, the amount is charged directly to the credit card (Visa, Visa Electron, Mastercard) or to a prepaid card (PostePay, PayPal, etc.). Customer information is confidential as no financial information is stored. A confirmation e-mail will be sent following each transaction made. In the event of cancellation, the amount will be refunded to the Customer’s account.

ARTICLE 9 OBLIGATIONS OF THE SUPPLIER

The Supplier undertakes to guarantee access to the services offered by the platform to Customers who have completed the purchase of the Service correctly. It is the Supplier’s obligation to make available to the Customer a reserved area in which the Customer’s personal data and information relating to the Services purchased will be recorded and from which the finished videos can be downloaded.

ARTICLE 10 OBLIGATIONS OF THE CUSTOMER

The Customer undertakes to use the Services offered by the Supplier with diligence, fairness and good faith and acknowledges that failure to cooperate with the Supplier shall release the latter from all liability in respect of the services covered by these Terms and Conditions. The Customer shall hand over to the Supplier the texts, images and any other material to be used for the services referred to in this contract, in the manner and at the times communicated by the Supplier. In the event of failure to hand over the required amount or quality of materials and/or within the deadlines set by the Supplier, the Customer acknowledges that this will result in a change in the date of completion of the services under this contract that is not attributable to the Supplier. The Customer releases the Supplier from any liability in respect of the lawfulness and/or legitimacy of the materials provided or indicated for publication by the Customer. The Customer declares that she/he is the owner of the contents, texts, images and any other material provided for the performance of the services referred to in this contract and that the same are lawfully at her/his disposal.

ARTICLE 11 OBLIGATIONS RELATING TO USE OF THE WEBSITE

All Users shall use the Website in strict compliance with these Terms and Conditions. The User undertakes not to use the website and its services for any purposes that are illegal or contrary to these terms and conditions of use, or in any ways that could damage its functionality, render it unusable, cause overloading, deterioration and/or interfere with its use by other Users. It is forbidden to engage in any behaviour which, even merely due to attempts, could result in unauthorised access to the website, the Service sold by the Supplier, other accounts, systems or networks connected to the same through hacking, password forgery or other means.

ARTICLE 12 INTELLECTUAL AND INDUSTRIAL PROPERTY

All the contents of the Website are protected and safeguarded by the legislation in force on copyright and industrial and intellectual property rights. By way of example and without limitation, the content of the Website must be understood to be: the domain name, the respective sub-domains, the trademarks, all the texts, any graphic representation and/or text in general, photographs, films. The Supplier grants the Customer a non-exclusive licence to use the material prepared for the Customer when purchasing the Mograms FASTER experience and an exclusive licence to use the material prepared for the Customer when purchasing the Mograms BETTER and Mograms STRONGER experiences. All rights not expressly granted are reserved.

ARTICLE 13 CONFIDENTIALITY AND PROMOTION

The Parties undertake to take all appropriate measures to ensure the confidentiality of information and documents communicated by the other Party or of which the Parties become aware in the performance of this contract. The Parties undertake not to use and not to disclose to third parties, except as authorised by this contract, any information and documents communicated by the other Party or of which the Parties become aware in the performance of this contract. The Customer acknowledges that the Supplier may use employees or assistants to perform the services under this contract. Each Party undertakes to ensure that her/his employees and staff comply with this duty of confidentiality. The material shall be kept confidential and for exclusive use. The Customer, without having any claim to make, authorises the Supplier to use the videos made for the execution of this contract, the name of the Customer, the respective trademark, for the promotion of her/his activity both online and offline, both on her/his website and on social network channels, in the manner and/or for the times chosen by the Supplier itself.

ARTICLE 14 CANCELLATION

Purchase is for Professional Users only and no right to cancel is granted.

ARTICLE 15 EXCLUSION OF LIABILITY

  • The Supplier’s liability is understood to be within the limits of the law and of the obligations assumed with these Terms and Conditions and of the sum paid at the time of purchase;
  • The Customer undertakes not to transmit or make available any unlawful material, material covered by copyright and/or any other protected right, material that includes trademarks and distinctive marks that the Customer is not authorised to have, releasing the Supplier from any liability in this respect;
  • The Customer retains full ownership of the data and materials she/he has provided and assumes all responsibility for their management or use, releasing the Supplier from all liability in this respect;
  • The Customer holds the Supplier harmless from any liability for failure to perform or improper performance in the planned timescale of the services covered by this contract or damage resulting from force majeure and/or any technical problems with the IT tools required to perform the services provided for in these Terms and Conditions;
  • The Supplier is not obliged to retain any copies of the creative work, materials and in general of the content received from the Customer, releasing the Supplier from any liability in this respect;
  • The Customer holds the Supplier harmless from any liability if the Customer or persons authorised by the Customer should make any changes, additions or alterations of any kind to the Services covered by these Terms and Conditions or perform any activities not agreed with the Supplier;
  • the Customer holds the Supplier harmless from any liability for the delay or non-performance of the Services in the event that the Supplier’s activities depend on collaboration with commissioned third parties and the latter are responsible for the delay or non-performance of the services for which they are responsible;
  • The Customer acknowledges that the Services offered by the Supplier are services of means and not of results, and the Supplier cannot guarantee the Customer secure income or results deriving from the exploitation of the Services carried out with the Supplier being released from all liability in this respect;
  • The Supplier shall not be liable for any business growth or lack of business growth relating to the User’s activity, for failure to achieve the desired results from investments and costs incurred or for any damage resulting from the Services offered;
  • The Supplier shall not be held liable for any omissions or errors that may be contained in the materials, or for any infringement of the rights of others and any damage, including indirect damage, consequent to such infringement, or for any other damage of any kind, including damage resulting from loss of the right of use, loss of information or loss of earnings, or resulting from breach of contract, negligence or other tortious action, arising out of or in any way connected with the use of the platform or the information contained therein.

ARTICLE 16 FAILURE TO EXERCISE A RIGHT

The Supplier’s failure to exercise a right shall not constitute a waiver of any claim against the Customer or any third party for breach of obligations. The Supplier therefore reserves the right to assert its rights in any case, within the terms granted.

ARTICLE 17 APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are governed entirely by Italian law. Any dispute arising in connection with the validity, interpretation, performance and termination of these Terms and Conditions shall be subject to the exclusive jurisdiction of the Court of Milan.

ARTICLE 18 PROCESSING OF PERSONAL DATA

The Personal Data provided or acquired will be processed according to the principles of correctness, lawfulness, transparency and protection of confidentiality in accordance with legislation in force. The Supplier, as the Data Controller, processes the Personal Data of Users by taking appropriate security measures to prevent unauthorised access, disclosure, modification or destruction of Personal Data. Processing is carried out by means of computer and/or telematic tools, with organisational methods and logic strictly related to the purposes indicated. The User’s Data are collected for the execution of pre-contractual measures; to fulfil the obligations deriving from the contract entered into; for the registration procedure aimed at the purchase of Services; to follow up on specific requests made to the Data Controller by the User; to send promotional and commercial information and offers, including via the newsletter service, on the basis of the User’s freely expressed consent; for soft spam purposes for promotional communications concerning the Services purchased with no need for the User’s prior express consent, as provided for by Article 130, paragraph 4 of the Privacy Code as amended by Legislative Decree no. 101 of 2018. Therefore, the Customer is invited to carefully read the information on the processing of personal data (Privacy Policy) pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to the processing where required (Cookie Policy).

ARTICLE 19 COMMUNICATIONS

For further information of any kind, please contact the Supplier by e-mail at the following address: info@monkeytalkie.com Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the User declares that she/he has carefully read and expressly accepts all the clauses of these Terms and Conditions of Sale and in particular those in Articles 3, 4, 7, 10, 12, 13, 14, 15, 16 and 17.