Terms of Service

Alienscreate, LLC
Effective Date: November 17, 2024

1) Who We Are & What We Do (Scope of Services)

Alienscreate, LLC (“Company,” “we,” “us,” “our”) provides done-for-you and done-with-you services including creative strategy, video production, post-production, coaching/consulting, and guidance on running social media and advertising campaigns (the “Services”). Specific deliverables and pricing will be set out in an invoice, quote, or Statement of Work (“SOW”) (collectively, the “Order”).
Dates and timelines are scheduled only after payment clears and after Client provides required intake items. Any dates discussed before payment are tentative, non-binding, and subject to calendar availability.

By purchasing, scheduling, or paying an invoice, you (“Client,” “you,” “your”) agree to these Terms of Service (the “Terms”).

2) Acceptance of Terms

You accept these Terms by: (a) clicking “accept,” “pay,” or similar; (b) submitting payment; (c) signing an Order; or (d) engaging the Services after receiving these Terms. If you do not agree, do not use/pay the Services.

3) Definitions

Order / SOW: A written scope that describes deliverables, deadlines, and pricing.
Deliverables: Final exported files or agreed outcomes described in the Order.
Project Files: Working files, raw footage, templates, presets, and other materials used to create Deliverables.
Production Date / Shoot Day: means the first scheduled date and call time on which Company’s crew is booked to capture footage.
Production Window: means the period beginning 72 hours (3 days) before the Production Date and ending after on-site capture is completed.
Confirmed Production Date: A Production Date that has been mutually confirmed in writing after payment clears and after Client provides required intake items.
Target Window: A non-binding estimated scheduling window communicated by Company for planning purposes only.

4) Orders, Scheduling & Scope Control

No SLA / No Guaranteed Timelines. Company does not offer service-level agreements or guaranteed turnaround times. Timelines depend on scope, third-party availability, and Client responsiveness.
Start Trigger. Work is queued and begins only after: (i) payment clears, (ii) Client completes required intake (brand assets, access, forms, approvals), and (iii) calendars are aligned for a Confirmed Production Date where applicable.
Target Windows vs. Confirmed Dates. Any “Target Window” Company shares is an estimate and not a commitment. Only a Confirmed Production Date (set after payment) is binding for purposes of §6 (cancellations/rescheduling).
Queue-Based Scheduling. Projects are scheduled on a first-paid, first-scheduled basis. If Client delays intake or approvals, timelines shift accordingly.
Scope Changes Affect Timing. Changes after approval (extra concepts, script rewrites, added locations/formats, rush requests) are out of scope, billed at current rates, and may extend timelines.
Rush Requests. Rush or date-specific requests are subject to availability and may incur a rush fee; acceptance is at Company’s discretion.

6) Cancellations, Rescheduling & No-Shows

A Production Date is only “Confirmed” after payment clears and the date is set in writing (email/portal/DM). The following policies apply once a date is Confirmed, and—regarding non-refundable work—also apply from the start of pre-production even if a Confirmed date is not yet set.

Client Cancellation

Once pre-production starts (e.g., strategy, scripting, schedules, shot lists, vendor holds): 50% of the total project fee is non-refundable, plus any non-recoverable third-party costs and any applicable payment processor/platform fees.
Within 7 calendar days of the Production Date: 75% non-refundable plus any non-recoverable third-party costs (crew deposits, studio/location, rentals, permits, travel) and any applicable payment processor/platform fees.
Within the Production Window (<72 hours before the Production Date): 100% of the total project fee is non-refundable and may be charged immediately to the payment method on file, plus any non-recoverable third-party costs and any applicable payment processor/platform fees.

Rescheduling

≥7 days’ notice: one reschedule at no charge (subject to calendar availability) if the new date is within 30 days and scope is unchanged; otherwise a reschedule fee may apply. Client is responsible for any additional payment processor/platform fees triggered by the date change.
7 to <72 hours: reschedule fee $500 plus any non-recoverable third-party costs and any applicable payment processor/platform fees.
<72 hours (inside the Production Window): treated as a cancellation under this Section unless Company agrees in writing to reschedule; if approved, a restart fee of 20% of the project fee applies plus non-recoverable costs and any applicable payment processor/platform fees.

No-Shows / Late

If Client/talent is ≥30 minutes late or fails to appear, Company may treat the day as used; additional time is billable. Client remains responsible for any payment processor/platform fees associated with the booking and any adjustments.

Payment Methods & Platform Fees

Client is responsible for all payment processing and platform fees incurred as a result of booking, cancellation, rescheduling, refunds, disputes, or chargebacks. This includes, without limitation: card processing fees, dispute/chargeback fees, refund fees where the processor does not return original processing fees, ACH/transfer/return fees, currency conversion and instant-payout fees, and any marketplace/booking platform commissions.
If Company issues any refund as a courtesy, it will be net of non-refundable processor/platform fees.
Client authorizes Company to charge such fees to the payment method on file or to invoice them for immediate payment.

7) Refunds, Disputes & Chargebacks

7.1 No Refunds — All Sales Final (B2B).
All payments (including deposits/retainers, milestones, paid-in-full amounts, ad spend advanced by Company, and any third-party/vendor costs) are non-refundable, without exception, to the maximum extent permitted by applicable law. This applies even if Client cancels, reschedules, does not use the Services, delays providing materials/approvals, changes strategy, or expresses dissatisfaction.

7.2 Upfront Payments & Earned Upon Receipt.
Where Client pays the full project fee upfront, a portion of that fee is deemed earned immediately upon payment as compensation for reserving production time, allocating resources, preparing strategy, and commencing pre-production. This portion is non-refundable even if Client cancels before final deliverables are completed. Cancellation at any stage does not entitle Client to a refund for work performed or for unused portions of the Service, as scheduling, coaching, consulting, and strategic planning constitute valuable deliverables under this Agreement.
7.3 Chargebacks Prohibited.
Client agrees not to initiate chargebacks for any transaction. This is a material breach of these Terms and grounds for immediate suspension or termination of all licenses under §10.
7.4 Pre-Dispute Good-Faith Process (Required).
Before initiating any dispute or chargeback, Client must email team@alienscreate.com describing the issue and allow 10 business days for resolution.
7.5 Bad-Faith/Unauthorized Chargebacks.
If Client initiates a chargeback contrary to this Section, Client remains responsible for: (i) the original amount; (ii) processor penalties/fees; (iii) non-recoverable third-party costs; and (iv) reasonable collection costs and attorneys’ fees, plus any applicable late interest (see §18).
7.6 Evidence of Performance.
Company may submit meeting logs, call recordings, calendars, scripts, strategy docs, schedules, vendor confirmations, shot lists, crew bookings, permits, drafts/proofs, and time entries as evidence of performance and vendor commitments.

8) Revisions & Acceptance of Deliverables

Unless the Order states otherwise, the project includes one (1) round of reasonable revisions to main Deliverables within 7 days of initial delivery. Deliverables are deemed accepted on the earlier of: (a) your written approval, or (b) 7 days after delivery without a written revision request that lists specific change items.

9) Ad Spend & Platform Accounts

Advice on ads is educational. Ad spend, platform fees, and compliance (e.g., Meta/Instagram, TikTok, Google) are your responsibility and are billed directly by those platforms. Company does not control platform policies, uptime, or account reviews/suspensions and is not liable for them.

10) Intellectual Property (IP) & Project Files

10.1 Final Deliverables (Ownership/License). Upon full payment, and unless a signed Agreement/SOW expressly provides otherwise, Company grants Client a non-exclusive, worldwide, perpetual, royalty-free license to use the final, exported deliverables (“Final Deliverables”) for Client’s business. If a signed Agreement/SOW states that Client owns the Final Deliverables upon full payment, the Agreement/SOW controls.

10.2 Project Files; No Transfer. All Project Files—including raw footage, edit/working files, templates, presets, and source files—remain Company property and are not included in the Final Deliverables. Transfer of Project Files requires a separate written buy-out and payment.

10.3 Provider IP. Company’s tools, templates, know-how, and strategy frameworks (collectively, “Provider IP”) remain Company property. No rights are granted except as needed to use the Final Deliverables.

10.4 Third-Party Materials & Indemnity. Client represents it owns or has all rights to materials it supplies (e.g., logos, music, footage) and will indemnify Company from third-party claims arising from such materials (see §15). If Company procures third-party assets at Client’s request, Client is responsible for the license fees and compliance with those license terms.

10.5 No Implied Licenses; Restrictions. Except as expressly granted, no rights are implied. Client may not resell, sublicense, or use Project Files to create derivative templates for third parties without a buy-out.

11) Portfolio & Publicity

Company may display non-confidential snippets, screenshots, logos, metrics, and results in its portfolio and marketing (website, social, reels, paid ads). If you need restrictions, request a mutual NDA in the Order.

12) Confidentiality & Data Privacy

Each party will protect the other’s non-public information with reasonable care and use it only to perform under these Terms. This excludes information that is public, independently developed, or rightfully received from a third party.

13) Indemnification

You will defend, indemnify, and hold harmless Company and its personnel from claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your materials, instructions, or misuse of Deliverables; (b) your breach of these Terms; or (c) your violation of law.

14) Disclaimers (No Guarantees)

Services are provided “as is.” Company does not guarantee specific outcomes (e.g., sales volume, number/quality of leads, follower growth, CPM/CAC). Strategy suggestions are educational; you are responsible for execution choices and compliance.

15) Limitation of Liability

To the maximum extent permitted by law, Company’s total liability for all claims is limited to the amounts you paid to Company for the specific project giving rise to the claim. Company is not liable for indirect, incidental, special, consequential, or punitive damages (including lost profits, lost data, or business interruption).

16) Force Majeure

Neither party is liable for delay or failure to perform due to events beyond reasonable control (e.g., natural disasters, major outages, strikes, war, acts of government, changes in law). The affected party will notify the other and resume performance as soon as practicable.

17) Taxes & Third-Party Costs

Prices exclude taxes and third-party fees (e.g., permits, talent, stock, music licenses, travel). These are your responsibility unless otherwise stated in the Order.

18) Late Payments; Suspension; Collections

Past-due balances may accrue 1.5% per month (or the maximum permitted by law). Company may pause work and withhold Deliverables until amounts due are paid. You are responsible for reasonable collection costs and attorneys’ fees incurred by Company to recover unpaid amounts.

19) Termination

Either party may terminate for material breach if the breach is not cured within 10 business days of written notice. Fees earned or non-refundable amounts through termination remain due.

20) Electronic Communications & Signatures

You consent to transact electronically. Emails, e-signatures, portal approvals/click-wrap, and payment confirmations are valid approvals and signatures.

21) Updates to These Terms

We may update these Terms periodically. Changes apply to new Orders after the effective date. For active projects, material changes will be emailed to your last known address; continued engagement after notice constitutes acceptance.

22) Good-Faith Dispute Resolution; Governing Law & Venue

Precedence. If a signed Agreement/SOW exists for the project, that document’s Dispute Resolution section controls. If no signed Agreement/SOW exists, this §22 governs.

Before formal action, the parties will attempt in good faith to resolve any dispute within 10 business days after written notice describing the issue and requested resolution.

Governing Law & Venue. These Terms are governed by the law of the state of Company’s principal place of business (currently Florida), excluding its conflict-of-laws rules. The exclusive venue and jurisdiction for any action arising out of or relating to these Terms shall be the state or federal courts located in the county of Company’s principal place of business (currently Broward County, Florida). Each party consents to personal jurisdiction there and waives any objection to venue or forum non conveniens.

WAIVER OF JURY TRIAL. Each party waives the right to a jury trial to the maximum extent permitted by law.

Small-Claims Carve-Out. Either party may file an individual claim in small-claims court in the same county identified above.

Prevailing-Party Fees. In any action permitted under this Section, the prevailing party is entitled to reasonable attorneys’ fees and costs in addition to any other relief.

Business Purpose. Client represents that it enters these Terms for business purposes and not as a consumer.

23) Notices

Official notices must be sent by email to:

Company: team@alienscreate.com
Client: The email on file in the Order/invoice.
Notices are deemed received on the business day sent (or next business day if after 5:00 p.m. ET).

24) Assignment; Severability; Entire Agreement; Waiver; Survival

You may not assign these Terms without Company’s written consent. If any provision is unenforceable, the remainder remains in effect. These Terms plus the Order constitute the entire agreement regarding the Services. A failure to enforce is not a waiver. Sections that by nature should survive (payment, IP, confidentiality, limitation of liability, indemnification, dispute resolution) survive termination.

25) Non-Solicitation / Non-Circumvention (12 Months)

For 12 months after the last Deliverable, you agree not to solicit or hire Company’s contractors or circumvent Company to obtain substantially similar services from them without written consent. If violated, you agree to pay liquidated damages equal to 30% of the first year’s expected fees for such services (a reasonable estimate of harm that is difficult to quantify).

26) No Shipping of Physical Goods

The Services do not include shipment of physical products. Any physical items (if ever applicable) would be handled under a separate written policy.

27) Contact

Questions about these Terms? Email us at team@alienscreate.com