TERMS &
CONDITIONS
Cosmic Chroma is pleased to present our Terms and Conditions, which govern the professional services we provide to you. These Terms and Conditions, along with the Quote/Production Estimate provided to you, constitute the binding contract between Cosmic Chroma and you for the delivery of our services.
1. Cosmic Chroma’s Role:
1.1 The Services: Cosmic Chroma will deliver the services as detailed in the provided Quote/Production Estimate. As projects evolve, there may be changes in the scope of work required. When such changes occur, Cosmic Chroma will promptly engage in discussions with you to mutually agree on any necessary modifications to the Services and the
Quote/Production Estimate.
Author’s Corrections: Unless specified in the Quote/Proposal, we include two rounds of revisions following the initial concept presentation. Any unused rounds of edits are specific to the project they were allocated for and do not transfer to other projects or count as unused hours. If the work is approved on the first round, it does not penalize Cosmic Chroma for providing work of high quality.
Any additional edits beyond the agreed-upon two rounds will be billed in accordance with Cosmic Chroma’s rate card at $150 per hour. These additional edits will be billed in increments of at least one hour, and the determination of the time required for edits will be at the sole discretion of Cosmic Chroma.
1.2 Information: Effective collaboration is essential for optimal results. Cosmic Chroma’s work often depends on the timely provision of information by you or your designated advisers. Unless explicitly stated otherwise, we will assume that all information you provide is accurate and complete.
1.3 Incidentals: Costs related to couriers or printed proofs from external printers, if required, will be charged to the client.
1.4 Termination: In the event that you wish to terminate the contract after work has commenced, you will be invoiced for work already completed.
1.5 Force Majeure: Cosmic Chroma shall not be held responsible for any delays or failures in fulfilling our obligations that arise from circumstances beyond our reasonable control.
1.6 Retainer Agreement
If a client is on a monthly retainer agreement with Cosmic Chroma, the following terms apply:
1.6.1 Scope & Hours
Cosmic Chroma agrees to provide services as outlined in the retainer agreement. Retainer packages are structured based on deliverables or allocated hours per month. Any additional work exceeding the agreed-upon scope or hours will be billed at Cosmic Chroma’s standard rate, as specified in the Quote/Production Estimate. Cosmic Chroma is not responsible for incomplete or delayed projects resulting from the exhaustion of allocated hours or deliverables.
1.6.2 Additional Work & Approval
Cosmic Chroma will notify the client upon reaching the maximum allocated hours or deliverables in the retainer agreement. Any additional work beyond the retainer must be agreed upon in writing through a signed agreement or confirmed via email, which shall constitute a binding contract for additional work.
1.6.3 Term & Termination
Retainers operate on a month-to-month basis unless otherwise stated in the agreement. Either party may terminate the retainer agreement with at least 30 days’ written notice. Termination shall be effective at the end of the calendar month following the month in which notice is given.
1.6.4 Unused Deliverables or Hours
Unused hours, stock images, videos, or deliverables do not roll over into subsequent months. Retainer fees are non-refundable, as they secure Cosmic Chroma’s availability and resources for the agreed-upon period. Any stock image or video fees included in the retainer cover the procurement, licensing, and rights to use the content for a period of one (1) year.
2. Payment Terms:
2.1 Payment Terms: A 50% deposit is required to be received by Cosmic Chroma seven (7) days prior to the project’s commencement date. The final invoice payment must be settled within fifteen (15) days after submission. Late payments will incur a 5% daily interest charge. Full payment is necessary to grant usage rights, and any delay in payment may be deemed a copyright infringement under the United States Copyright Act.
2.2 Other Specialist Services: Unless otherwise specified in the estimate, our estimate does not include third-party costs such as photography, illustration, video production, sound recording, etc. Cosmic Chroma may, unless you instruct otherwise, procure such specialist services when needed, with the associated costs quoted accordingly.
3. Scoping:
3.1 Cosmic Chroma typically provides a scoping document outlining the project’s functionality, for example, it can be a website, consultation, strategy, marketing campaign, etc... When you sign and approve this scoping document, any changes beyond the agreed scope will be considered a new update and priced accordingly.
4. Content:
4.1 Content and Images: You are responsible for providing accurate information about your business and marketing objectives. Cosmic Chroma is not liable for errors in content supplied by you. Any necessary changes may incur standard rates. Unless otherwise specified, you must provide all text and graphic materials in a suitable digital format. Images should be supplied in jpeg, gif, tif, png, or psd format, while text should be provided in a Microsoft Word document. Failure to provide material in an accessible format may result in additional costs for retyping text. If significant copywriting is required due to the provided content’s form, an additional charge may apply.
4.2 Information for charts, graphs, and infographics should be supplied in Excel. Retyping extensive content may result in extra charges.
4.3 Client-supplied images should be high-resolution at 300DPI for print purposes. Lower-resolution images are acceptable for web use. We assume that all images provided are owned by the Client or have been properly licensed for use, and we do not use images sourced from Google.
4.4 If you use images of minors, we assume you have obtained the necessary permissions.
4.5 You grant Cosmic Chroma permission to use logos and company identity for project creation purposes. You agree to indemnify Cosmic Chroma against any claims arising from your failure to obtain proper copyright permissions for supplied content.
5. Confidentiality:
5.1 Confidentiality: Cosmic Chroma is committed to maintaining the confidentiality of your documents and affairs, except where disclosure is required by law or permitted by you. We may disclose your documents and affairs to your designated service providers, Cosmic Chroma affiliates or related parties, or other service providers engaged to deliver a comprehensive range of services to you.
6. Intellectual Property:
6.1 Freedom to Use Ideas and IP: Cosmic Chroma may utilize ideas, concepts, source code, information, or know-how from materials provided to you for the benefit of other clients or future projects.
6.2 Ownership of Materials and Intellectual Property: Upon your full payment for the materials provided, including but not limited to products, creative works, designs, campaign ideas, slogans, and other marketing materials, they become your property. Any reserved intellectual property rights will be specified by Cosmic Chroma or relevant third parties.
6.3 Portfolio Rights: Cosmic Chroma retains the right to display your project on our website and design portfolio for promotional purposes.
6.4 Working Files and Copyright: Working files, including design concepts, elements, infographics, fonts, and imagery, are the intellectual property of Cosmic Chroma. They are not released as part of our projects unless specifically requested and quoted separately.
7. Indemnity:
7.1 All services must be used for lawful purposes, and you agree to indemnify and hold Cosmic Chroma harmless from any claims resulting from your use of our services that may harm you or any other party.
8. Liability:
8.1 Our total liability to you, whether in contract or tort, shall not exceed the total price paid by you. We shall not be liable for any indirect or consequential losses, including but not limited to loss of profits, business, revenue, goodwill, or anticipated savings.
9. Variation:
9.1 These Terms and Conditions, along with any related agreements, may be amended or superseded in writing. Such variations shall not affect any existing rights or obligations, unless explicitly agreed otherwise.