Dava Marketing LLC (referred to as “Dava”) reserves the right to change or modify this Agreement, and any policy or guideline incorporated by reference at any time at its sole discretion.
You (referred to as “Customer”) accept our Terms of Service, detailed herein, upon clicking the checkbox in our checkout process (which is required to complete the form). You agree that you’ve reviewed and understand the content within our knowledge base outlining details on how our service works and our scope.
Upon clicking the checkbox at the bottom our "Contact Us" form prior to submitting, you agree to the collection and promotional utilization of the data you provide in the form fields.
Any changes or modification will be posted by Dava to
www.davamarketing.com/terms and become effective upon posting of the revisions on this document.
You are responsible for regularly reviewing the Site to obtain timely notice of such changes or modifications. Your continued use of the Services following Dava posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY PROVIDE NOTICE OF CANCELLATION OF THIS AGREEMENT.
Employee Rules - Dava employees are under agreement that does not allow for employees to provide, accept or seek work; or any type of compensated or non compensated services, for current or past clients under Dava Marketing LLC.
Any work must have written consent from Dava Marketing LLC's Co-Founders.
Any granted work must obeys by the rules & implementations placed by Dava Marketing LLC that employee agreed to on their NCA/Intelligence Protection Agreement.
Client is not allowed to directly try to recruit Dava Marketing LLC workforce.
Use – Your subscription and any addons will automatically renew at the end of the applicable subscription period. Dava works on one video at a time. Turnaround times are not guaranteed.
Cancellation – You may cancel your subscription with Dava at any time before the end of the then-current subscription period. To cancel your subscription please email us at
Upon cancellation, you will continue to have access to the Dava services and your files through the end of your paid billing term. Access to your account files requires an active subscription. Cancelled accounts will not have access to their files once their billing term has ended.
Payment and Refunds – Payments are non-refundable and we do not provide refunds or credits for any partial subscription periods. You further agree that, upon registering for the services through the Site, you authorize Dava to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Your account and access to the services provided via the site may be suspended in the event of non-payment of applicable fees. You represent and warrant to Dava that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. Dava may change its fees from time to time by posting the changes on the Site with 5 days prior notice, but with no advance notice required for temporary promotions or reductions in fees. You, the client, are responsible to use Dava after payment.
Limitations and Abuse of Service – Dava is designed for the reasonable use of a single individual. We are not meant to replace a full-time video editor. If we find that you are not in alignment with our model, sharing accounts/logins, violating our core values, or are abusing our services or team in any way, including using our services for illegal or adult/pornographic materials, we reserve the right to cancel your account.
We don’t provide the following services: Voice over videos, wedding videos, event videos, or animations.
Output files – While we do our best to minimize any mistakes, due to the nature of creative design we can not guarantee all files delivered will be 100% error-free. Upon file delivery, you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. Dava is not responsible or liable for any losses or expenses incurred from errors or omissions.
Ownership of Content. Customer maintains the ownership rights in any User Content that such Customer submits to the site and the finished product Dava produces. Dava maintains full ownership of any project files we use to create your content. Dava may use content we produced for you and or your name for marketing purposes.
Grant of Limited Rights to Dava. By submitting a Task to Dava, the Customer gives us the rights to User Content to the extent necessary to complete the task. Each Customer authorizes us to retain archival copies of all User Content that such Customer has submitted.
By default, you agree to provide Dava with a non-exclusive right and license to publish your work in our portfolio, website logo block, social media, email, other communication efforts or for marketing purposes. If you would like to revoke this right, please notify our team in writing to support@davamarketing.com.
Work and delivery output – While we can accept unlimited requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time-sensitive requests. Your right to use the Dava services shall terminate upon your breach of any term of this Agreement.
Limitation of Liability – We will not be liable to you or any third party in any event for any loss (financially or otherwise) or any damages arising from or relating to this Agreement. You acknowledge and agree that your use of this site is at your own discretion and risk. 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. IN NO EVENT SHALL THE TOTAL LIABILITY OF Dava LLC UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.
Definitions
Business day – Dava operates in the Mountain Standard Time Zone. Monday – Friday from 8am – 4pm MST.
Digital Millennium Copyright Act (DMCA). In the event materials are made available to this Site by third parties not within our control (ie: stock footage, creative commons license), we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
-Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
-Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
-Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
-A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
–A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Dava Marketing LLC
1371 Business Park Dr, Orem, UT 84058
USA
support@davamarketing.com
