These terms are aimed at establishing basic matters concerning the commissioning of video production work (hereinafter referred to as “the production work”) from the video production cloud services (hereinafter referred to as “these services”) offered through 90 Seconds (hereinafter referred to as “this website”), a website operated by 90 Seconds Japan Co., Ltd (hereinafter referred to as “our company”).
(The production work)
The production work refers to all or part of the tasks necessary for script creation, shooting, editing and other video production tasks commissioned by the customers (refers to persons who use or intend to use these services in order to commission video production to us, same below) to our company through these services.
(Formation and change of agreement)
When a person who intends to accept commissioned work (hereinafter referred to as “applicant”) through these services confirms the contents of these terms on this website and agrees to it, and makes an application to our company to register as a creator
(hereinafter referred to as “creator”) within these services, an agreement (hereinafter referred to as “the agreement”) with the contents specified in these terms is formed between our company and the applicant (hereinafter, the applicant with whom an agreement is established is referred to as “consignee”).
2. The consignee consents in advance that the contents of these terms may be changed without prior notice. However, in this case, our company shall notify the consignee of the change.
3. When the consignee has used this site after the notification of the change of terms under the preceding paragraph has been made, the consignee is considered to have agreed with the change, and the changed terms are subsequently applied between our company and the consignee.
As soon as the agreement is concluded, our company shall register the consignee as a creator based on the registration application from the consignee, and the consignee shall agree to this.
2. With respect to the registration application under the preceding paragraph, the consignee shall express and warrant the following matters.
(1) That they are a juridical person or an individual over 18 years old.
(2) That they have obtained the consent of a legal representative or assistant for the conclusion of the agreement and the performance of work based on it in the case they are a minor.
(3) That they are not an adult ward.
(4) That their name, e-mail address, work history, past video production achievements and other information provided to our company at the time of application for registration are true, accurate
and up to date.
(5) That they are not a person already registered as a creator.
(6) That they have agreed to these terms after checking the contents of all of their provisions.
3. When there is a change in the registration information, the consignee shall immediately notify our company in accordance with the method prescribed on this website and provide the changed information.
4. The consignee shall not cede, lend or provide as collateral an account granted when they registered as a creator to a third party.
(Issuance of ID, etc.)
Our company shall issue to the consignee an ID and secure password (hereinafter collectively referred to as “90 Seconds Online ID”) necessary for the consignee to be able to access the website.
2. Our company may, when necessary, issue a 90 Seconds Physical ID / Media Pass (hereinafter referred to as “Media Pass”) for the consignee to carry in order to clearly indicate that they are a creator.
3. When the consignee accepts the issuance of a Media Pass, they must carry the Media Pass and clearly indicate that they are a creator when performing the commissioned work and meeting the customer or another third party as a creator, or when attending an event.
4. In the case all or a part of the consignee’s 90 Seconds Online ID information are lost, stolen or leaked to a third party (including cases when there is a possibility of that happening), the consignee shall immediately take necessary actions to protect the information and notify our company by sending an e-mail to the e-mail address
specified by our company.
5. The provisions from the preceding paragraph are applied in the case the consignee’s Media Pass is lost or stolen as well.
Separate agreements disclose the contents of the production work (hereinafter referred to as “commissioned work”) commissioned by our company to the consignee and the commission fee for the commissioned work, the delivery term for the deliverables (hereinafter referred to as “deliverables”) related to the commissioned work, and other transaction terms pertaining to separate agreements. In the case the consignee declares their intention to receive a commission through the system of this website, the separate agreements are established with transaction terms disclosed by our company (hereinafter referred to as “separate agreements”) as their contents.
(Prohibition of re-commissioning)
The consignee cannot re-commission all or part of the commissioned work to a third party unless they receive prior consent from our company. In addition, if the consignee re-commissions the commissioned work with prior consent of our company, the consignee shall bear all responsibility for these terms, this agreement and separate agreements to the party receiving the re-commissioning.
(Reporting work progress)
The consignee shall report progress on commissioned work on this website on a sequential basis.
(Relationship with customers)
During talks with the customer or a third party related to the production work, the consignee must clearly indicate that they are a creator of these services, unless they have received prior consent from our company.
2. In cases where it is necessary for a consignee to communicate with the customer or another third party (hereinafter referred to as “customer, etc.” in this section) concerning the commissioned work, they must communicate through this website or a system approved by our company, and if the consignee is contacted from the customer, etc. in other methods, they must request the customer, etc. to contact them through this website or a system approved by our company.
3. The consignee must not directly receive the entire production work or a part of it from the customer, or make approaches to the customer to directly commission the entire production work or a part of it to them.
(Observance of the delivery term)
The consignee must strictly observe the delivery term stipulated in the separate agreement in delivering the deliverables. The delivery term
refers to the delivery date specified in the separate agreement.
2. When there is a possibility that the consignee may not be able to deliver the deliverables by the delivery term, they must immediately notify our company of this and follow the instructions regarding measures to be taken by our company.
The consignee must deliver deliverables in accordance with the method prescribed on this website and our company will promptly inspect them.
2. The delivery shall be considered completed once it has passed the inspections of our company as set forth in the preceding paragraph, and the commissioned work shall be completed once the delivery is completed.
3. Our company will not receive deliverables that have failed the inspection, and the consignee must collect them immediately at their own expense and improve or repair it without charge within the period designated by our company. The consignee shall redeliver improved or repaired deliverables to our company, the deliverables will again undergo inspection, and will have to pass the inspection before the delivery term.
(Payment of the commission fee)
Our company will send a payment to the PayPal account or bank account designated by the consignee at the end of the month following the completion of the delivery from our company to the customer for all final products containing deliverables related to the
commissioned work. However, our company shall only bear the remittance charge for transfers within Japan, and the consignee shall bear the remittance charge for transfers to overseas accounts.
2. In the case the commissioned work does not pass the inspection by the delivery term and is not completed, the commission fee shall not be paid.
3. For commissioned works specified in separate agreements, in the case our company agrees that the consignee delivers only a part of the deliverables, the consignee agrees to be paid a commission fee determined to be reasonable by our company at our discretion.
(Compliance with the terms)
The consignee shall comply with these terms, separate agreements and all of the terms established by our company accompanying these terms or separate agreements.
2. In carrying out the commissioned work, the consignee shall endeavor not to impair the societal evaluation, credibility, etc. of this company or these services.
(Intellectual property rights for deliverables)
The copyright for the deliverables (including the rights of Articles 27 and 28 of the Copyright Act) shall be transferred to our company from the consignee at the time the consignee provides the deliverables on this website.
2. The consignee does not exercise author’s moral rights for deliverables.
3. The consignee shall not set design rights, trademark rights, patent rights, utility model rights and other intellectual property rights to all or a part of the deliverables.
4. The consignee shall not cede, lend or provide as collateral all or a part of the deliverables or the medium on which they are recorded to a third party.
5. The consignee expresses and warrants that the deliverables do not infringe any copyrights, author’s moral rights, trademark rights or other rights of a third party.
6. The consideration for the transfer of copyright under section 1 and the non-exercise of rights under section 2 shall be included in the commission fee in Article 11.
(Disputes with a third party)
In the event of a dispute concerning the infringement of copyright, author’s moral rights, industrial property rights or other rights with respect to the performance of the commissioned work or its deliverables, the consignee must resolve the dispute at their own responsibility and expense, and if our company suffers damage or incurs expenses, the consignee must make compensation for the damage and the expenses. Provided, however, that this shall not apply if the dispute arises only from reasons attributable to our company.
2. Our company and the consignee shall immediately notify the other party of the occurrence of a dispute described in the preceding paragraph or the possibility of such a dispute occurring, in which case both parties shall provide necessary information and materials and cooperate in resolving the conflict.
(Intellectual property rights concerning these services)
The copyrights, author’s moral rights, trademark rights and all other rights relating to this website and these services belong to our company, and the consignee must not infringe them.
(Transfer of agreement position)
The consignee must not transfer, cede or provide as collateral their position under this agreement or separate agreements or their rights or obligations provided by this agreement or separate agreements without prior consent of our company.
2. When our company cedes or transfers these services to a third party by way of business transfer, merger, company split or other means, the consignee’s position under this agreement or separate agreements, their rights and obligations provided by this agreement and separate agreements as well as their information may be ceded or transferred to a third party, and the consignee agrees to this in advance without objections.
(Termination of agreement)
The consignee and our company may terminate this agreement at any time by sending an e-mail to the e-mail address for the item in question in accordance with their categories. However, the effectiveness of the separate agreements existing at the time of termination of this agreement shall not be affected and the separate
agreements shall continue to be subject to the provisions of these terms and separate agreements.
(1) Termination by our company: The consignee’s e-mail address provided in the registration information
(2) Termination by the consignee: E-mail address of the manager in charge at our company
(However, the termination will take effect when a reply to the consignee indicating that the e-mail from the consignee has arrived to our company is made)
2. Notwithstanding the provisions of the preceding section, if any event specified in one of the following items occurs to a consignee, our company may terminate this agreement and separate agreements without requiring any notice. The declaration of the termination of agreement may also be made by the methods prescribed in the preceding section.
(1) When they do not comply with the transaction terms stated in the separate agreements
(2) When they receive or file a petition for bankruptcy, civil rehabilitation, corporate reorganization or commencement of special liquidation proceedings
(3) When they receive a petition for auction or disposition of delinquency, or legal dispositions such as sequestration, provisional dispositions or compulsory execution
(4) In addition to what is provided for in the preceding two items, when our company determines that the consignee’s economic credit has worsened and that there is a risk of the performance of the production work being impeded.
(5) When the registration information provided to our company
contain a falsehood
(6) In addition to what is provided for in each of the preceding items, when the consignee violates these terms, the separate agreements or provisions in agreements accompanying these terms or separate agreements.
3. In the case of termination of agreement pursuant to the preceding paragraph, the consignee shall not be able to make requests for their expenses incurred by the commissioned work or other money.
(The cancellation or suspension of these services)
Our company may suspend these services without notifying the consignee due to reasons such as system maintenance, system failure, electric outage, fire, natural disasters or other technical or administrative reasons.
2. In the case referred to in the preceding paragraph, if our company determines that continuing the service would be difficult, these services may be cancelled and this agreement and separate agreements may be terminated by sending an e-mail to the consignees or announcing it on this website or other websites.
3. Our company shall not be held responsible for any damage caused to the consignees due to the suspension or cancellation of these services (including the termination of this agreement or separate agreements).
In the event of a system malfunction on this website or related to these services, our company shall take measures necessary to repair it.
2. Our company shall bear no responsibility for any damages caused to the consignees due to system malfunction on this website or related to these services.
(Concerning accidents during the production work, occupational injuries, etc.)
1. Our company shall bear no responsibility for accidents during the production work, occupational injuries, sickness, etc. of the creators and their employees.
2. The creators must immediately report to our company if occupational injuries, accidents or damages described in the preceding section occur.
The creators shall take responsibility for traffic accidents that occurred during the production work, and our company shall not be held responsible.
The consignee shall keep the information prescribed in the following items as a secret and shall not use it for purposes other than the production work, nor disclose or leak it to third parties (including specific third parties on social networks, e-mail or bulletin boards, as well as unspecified third parties). The consignee agrees to promptly delete the confidential information in a way that they cannot be returned or reproduced, in accordance with the instructions of our
(1) Information concerning the customers (including that the customer is using or going to use these services) (2) The contents of the commissioned work (including the contents of the production work, the contents of separate agreements, the script, the filming location, the filming material, production material, editing material, performer information, narrator information, etc.)
(3) Any information on individuals, companies, other organizations and institutions the consignee learned about during the production process, private contact information and personal information, any other information (4) Information on this website and other systems related to these services
(5) Information needed to access this website 2. The consignee must handle their 90 Seconds Online ID and Media Pass responsibly and with care.
(Exclusion of antisocial forces)
Consignees shall commit matters of the following items to our company.
(1) That they are not a crime group, organized crime syndicate, corporate racketeers or equivalent persons or members thereof
(hereinafter collectively referred to as “antisocial forces”).
(2) That their officers (executive employees, directors, executive officers or equivalent persons) and employees (including temporary employees and other equivalent persons) are not antisocial forces.
(3) That this agreement and separate agreements are not concluded by antisocial forces under the name of the consignee.
(4) That the consignees will not perform the following acts by themselves or through a third party within the term of validity of this agreement and separate agreements.
A. Acts that use threatening behavior or violence against another party
B. The acts of interfering with another party’s work or damaging their credibility using fraudulent means or one’s influence
The term of validity of this agreement is one year from the date of its establishment. However, if our company or the consignee declare no other intention to the other party, it shall be extended by one year from the day following the expiration date of the agreement period, and so on.
(Disputes with customers)
If a dispute or another kind of disagreement arises between our company or the consignee and the customer concerning the commissioned work, our company or the consignee shall promptly notify the other party of the contents of the dispute.
(Compensation for damages)
In the event that the consignee has damaged our company during fulfillment of this agreement, the consignee shall be liable for the compensation incurred by the fulfillment.
This agreement and separate agreements shall be interpreted in accordance with Japanese law. The same shall apply to the interpretation and application of these terms and separate agreements.
Our company and the consignee agree to make the Tokyo District Court the exclusive jurisdiction court of the first instance when a judicial dispute arises concerning this agreement, separate agreements or these services.
Our company and the consignee shall settle their resolutions on matters not stipulated in this agreement or separate agreements or matters raised in doubt concerning this agreement or separate agreements after consultation in good faith.
Please feel free to contact us first.
email@example.com 03-6856-4450 (Weekdays: 9:00 – 19:00)