Terms & Conditions
IIn Pencil Castle Pictures, honesty is the first policy, so we feel obliged to share with our clients the Terms and Conditions of our Services.
Please read these terms carefully before using the Pencil Castle services.
The Contract of Agreement
This is a contract between you and Pencil Castle Pictures, an Animation studio located at 23 A.Papagou Street, Zografou, Athens 15772, Greece, or between you and any different service provider identified for a particular Pencil Castle Service. You must read and agree to these terms before using the Pencil Castle Services. If you do not agree, you may not use our Services. These terms describe the limited basis on which the Pencil Castle Services are available.
Pencil Castle requires the final submission of the project idea brief by the client in order to give a final cost estimation for each project. The final cost will be discussed and agreed on via email for jobs accepted, and the agreement will be signed both from the client’s and Pencil Castle’s part. This Signed Contract of Agreement will include the project brief, a timetable for the separate tasks of the project, a payment plan and a mutual agreement on the terms and policies in services and privacy of the information discussed.
Supplemental terms and conditions may apply to some Pencil Castle Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content accessible through the Pencil Castle Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Pencil Castle Services. If you do not agree to any change to these terms, you must discontinue using the Pencil Castle Services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the Pencil Castle Services) if you fail to comply with any provision of these terms.
The Pencil Castle Services
The Pencil Castle Services have promotional, informational and entertainment purposes. Any other use of our services is not permitted.
The Pencil Castle Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names and other intellectual property rights in the Pencil Castle Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Pencil Castle Services may be used or exploited in any way other than as part of the Pencil Castle Services offered to you. You may own the physical media on which elements of the Pencil Castle Services are delivered to you, but we retain full and complete ownership of the Pencil Castle Services. We do not transfer title to any portion of the Pencil Castle Services to you.
Usage Rights on the Intellectual Property of the images and animation created by Pencil Castle Pictures are to be attributed to the client when the product is 100% paid for and the completed job. Pencil Castle Pictures will retain the Rightful Ownership and Copyright of the produced artwork and the right to display the product publicly (on the internet or in another medium) for promotional purposes, unless otherwise stated in writing at the commencement of the project.
Content License
You may not circumvent or disable any content protection system or digital rights management technology used with any Pencil Castle Service; de-compile, reverse engineer, disassemble or otherwise reduce any Pencil Castle Service to a human- readable form; remove identification, copyright or other proprietary notices; or access or use any Pencil Castle Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brand. By acquiring services and content through the Pencil Castle Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
Disclaimers and Limitation on Liability
THE PENCIL CASTLE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
Changes to the Pencil Castle Services
The Pencil Castle Services are constantly evolving and will change over time. If we make a material change to the Pencil Castle Services, we will provide you with reasonable notice and you will be entitled to terminate this contract.
Additional Restrictions on Use of the Pencil Castle Services
You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Pencil Castle Service or connected network, or interfere with any person or entity’s use or enjoyment of any Pencil Castle Service. You agree not to use any software or device that allows other manipulation or modification of a Pencil Castle Service. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Pencil Castle Services using automated means or manual process without our express written permission.
Third-Party Services and Content
The Pencil Castle Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. Pencil Castle’s services and involvement in the project are clearly stated in the Contract of Agreement with the third-party’s representation.
Terms and Conditions of Animation Services
Pencil Castle’s main focus is the creation of high quality short animation projects and short animated scenes that will be embedded to other forms of performances, based on the client’s wants and needs. Pencil Castle is not currently accepting the production of feature animation projects.
Terms and Conditions of Design Services
The PRINTING of the promotional material is NOT a service that is provided by Pencil Castle Pictures. For this reason, external professionals are recommended, according to the client’s desire. The client is free to choose who or where the material designed from the Pencil Castle studio, wants to be printed and developed, in the condition that the final printed outcome is in excellent condition and does not downgrade the design of the identity and its purpose. Pencil Castle will deliver to the client the DESIGN of the logo identity and the promotional materials that will be printed, as well as every additional promotional material that it is in VIDEO form, after the full payment transaction will be completed by the client.
Paid Transactions
25% of the cost must be paid to Pencil Castle Pictures as a deposit, before the start time of the artwork production. Deposits are non-refundable. The product and its progress will be developed with the client until completion, at which time the client shall be presented with a watermarked version of the final product. For larger projects a payment schedule may be required and this will be agreed upon in advance, via email or in person and signed by both parties. This payment plan must be followed as written and agreed by the client. If the transaction gets delayed, the production of the project will stop immediately, until the payment is completed for each phase of the plan. The full resolution watermark-free product will be delivered after the final balance has been paid.
Radical changes in the originally approved brief, scene changes and additional shots in short animation, during the production, will be charged separately and in addition to the agreed payment plan (plus 20% on the agreed plan). Payment should be made in Euro via Bank Account Transfer, Credit or Debit Card Payment and/or PayPal account. After the transaction is completed by the client, Pencil Castle will request a scanned image of the receipt of the transaction to be sent to info@pencilcastle.com or a hard copy of the receipt to be sent to the Studio’s Address (see contact details) . This action will help the quick verification of the transaction and the quick pace of the artwork production process. What is more, Pencil Castle will contact the client in order to send a hard-copy or an e-mail including the official receipt for the services already payed for.
Payments and Billing
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
Pricing; Taxes
We may revise the pricing for products and services we offer. We will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date. When you place your order, we estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of the signed Contract of Agreement.