Terms & Conditions
The following Terms and Conditions of Service are applicable to all products/ services produced by FocalFuse LLC (FocalFuse). Any disputes are governed by the United States Law.
The copyright is retained by FocalFuse on all design and video work including pictures, videos, motion graphics, verbiage, ideas, illustrations, effects, and other visual elements unless released in writing and after all costs have been acquired.
All work is produced by FocalFuse with the understanding that the client is in agreement with our terms and conditions.
If multiple design proofs are presented and only one is chosen for your project, or if additional videos or revisions are requested, only the selected design or video is deemed to be distributed by us as fulfilling the contract. All other concepts, versions, and iterations remain the property of FocalFuse, unless clearly agreed in writing.
At the time of the proposal, FocalFuse will provide the client with a written estimate or quote amount.
A copy of the written estimate or quote is to be signed and dated by the client to indicate approval and should be returned to FocalFuse.
Rather, the client may also send an official purchase order in response to the estimate or quote which then binds the client to accept our terms and conditions, or an email response acknowledging the acceptance of the quote.
The FocalFuse Terms & Conditions are what govern the project, not any conditions on the client’s purchase order.
Production costs for branding, design, and video services provided by FocalFuse will be clear in the written estimate or quote that is provided to the client. At the time of the customer’s signed acceptance of this estimate or quote, indicating approval and acceptance of the FocalFuse Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due before the project proceeds.
Unless agreed otherwise with the client, all branding, design, and video services require an advance payment of a minimum of fifty (50) percent of the project quote total before the project commences or is supplied to the client for review. The remaining fifty (50) percent of the project quote total will be due upon completion of the project scope prior to uploading, delivery, or release of materials or deliverables.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of the project scope, will become fully payable (100% of the quoted amount) at the time of the new estimate or quote acceptance and approval.
The customer will be provided with a Proof Email, or approval form and an Invoice prior to the final delivery and publication. At this time the remainder of the amount due will become payable and the client will also be required to sign and return the approval form or verify approval through email to FocalFuse.
Any questions or concerns about the invoice must be submitted by email within 14 days of the invoice date.
Accounts that remain outstanding for 30 days after the date of the invoice, will be subject to a late payment interest charge plus 10% on the outstanding amount from the date due until the date of payment.
Payments may be made on our website, by online transfer, credit card (Visa, Mastercard) or Debit Card.
Payments made by check must be previously agreed and may be subject to an administration charge. Checks should not be sent in regular mail unless approved prior and sent with a recorded delivery.
Publication uploading, posting, and/or releasing the work done by FocalFuse on behalf of the client, may not take place by any means before cleared funds have been received.
Returned or bounced checks will incur an additional fee of $50 per returned check. FocalFuse reserves the right to consider a client or an account to be in default in the event of a returned check.
A client or an account will be considered in default if it remains unpaid for 30 days from the date of the invoice, or following a returned check. FocalFuse will be entitled to remove FocalFuse‘s and/or the client’s material from any and all computer systems, until the amount due has been paid in full. This includes any and all unpaid charges due for services, including, but not limited to, consultation, production fees, design and maintenance, sub-contractors, printers, post production, photographers, royalty free elements, or other libraries.
Removal of such materials does not relieve the customer of its obligation to pay the amount due in full.
Clients whose accounts become default agree to pay all FocalFuse‘s legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
We will supply deliverables, (for design) JPEG, PNG, TIFF, or PDF files and (for video) mov., and mp4., as requested and as appropriate for printing, digital viewing, etc., or other files as detailed in the job scope or project request.
Charges for branding, design, and video work do not cover the release of our copyright source files, including but not restricted to PSD, AI, EPS, INDD, RAW, DNG, MOV, MP4, or other source files or raw images/ videos; if the client requires these files, they will be subject to a new or separate quote or a ‘buy-out’ charge.
Trademarks & Copyright
Any typefaces, still images, Illustrations, videos, and other data supplied and/or designed by FocalFuse on behalf of the client, will remain the property of FocalFuse and/or its suppliers unless otherwise agreed upon in writing. A licence for the use of the copyright material is granted to the client exclusively for the project defined in the scope or project request and not for any other cause.
By supplying fonts, text, still images, Illustrations, videos, and other data to FocalFuse for inclusion in the client’s project, the client declares that it holds the appropriate copyright and/or trademark permissions to do so. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
The client is allowed to request in writing from FocalFuse, the permission to use artwork (for which FocalFuse holds the copyright) in forms other than for which it was originally supplied, and FocalFuse might, at its discretion, allow this and may charge for the additional usage. In this case, permission must be obtained in writing before any of the said designs or elements are used.
By supplying images, text, or any other data to FocalFuse, the client grants FocalFuse permission to use these elements freely in the pursuit of the design, or video project.
Any fonts, software, plugins, images, videos, or other third party material used in a print, online, or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are then the responsibility of the client, not FocalFuse.
If FocalFuse, or the client supply an image, text, audio or video clip or any other file for use in a project, presentation, print collateral, exhibition, advertisement, portfolio, or any other medium believing it to be copyright and royalty free, which is later found to have such copyright or royalty usage limitations, the client will agree to allow FocalFuse to remove and/or replace the files and deliverable.
The client agrees to fully indemnify and hold FocalFuse free from harm in any and all claims resulting from the client not having obtained all the required copyright, and/or any other necessary permissions.
Any design, copywriting, sketch/drawing, storyboard, video treatment, idea or other data created for the client by FocalFuse, or any of its contractors, is licensed for usage by the client on a one-time only basis and may not be altered, modified, re-used, repurposed, or re-distributed in any way without the clear written consent of FocalFuse and any of its relevant sub-contractors.
FocalFuse will not be held responsible for any and all damages resulting from such claims.
All branding, design and video work – where there is a risk that another party would make a claim, should be registered by the client with the appropriate parties before publishing or before the first use or searches and legal advice sought as to its use.
FocalFuse is not responsible for any loss, or consequential loss, non-delivery of products/ services, of whatever nature. The customer agrees not to hold FocalFuse responsible for any such loss or damage.
Any claim against FocalFuse should be limited to the relevant fee(s) paid by the client.
The client agrees that changes or revisions required over and above the estimated work, or in addition to the agreed project scope, or where the client makes changes to the supplied verbiage or copy or changes required to be carried out after acceptance of the approved design, will be liable to additional charges.
The client also agrees that FocalFuse holds no responsibility for any amendments made by any third party, before or after a branding identity, design, or video is published.
Any indication given by FocalFuse of a project’s duration is to be considered by the client to be a general estimation. FocalFuse cannot be held responsible for project delays, whatever the cause. Estimated project duration should be deemed to be from the date that funds are received by FocalFuse for the initial payment or by the date confirmed in writing by FocalFuse.
The client agrees to FocalFuse’s definition of acceptable means of supplying data to the company. Text is to be supplied to FocalFuse in electronic format as standard text (.txt), (.docx) or via e-mail.
Images or videos that are supplied in an electronic format are to be provided in a format as requested by FocalFuse via e-mail or a cloud-based software of FocalFuse’s choice. Images and videos must be of a quality suitable for usage without any further image processing, and FocalFuse will not be held responsible for any image or video quality which the client later deems to be unacceptable.
FocalFuse will not be held responsible for the quality or resolution of any images or videos in which the client wishes to be scanned from printed materials, imported from a photograph, illustrated, or recreated.
Additional charges may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration of images or videos.
FocalFuse considers the project complete upon the receipt of the client’s signed approval form or sign off email. Other services such as printing, additional marketing collateral, additional filmwork, uploading, publishing, etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Rights of Refusal
FocalFuse will not include in its branding identities, designs, or videos, any text, images or other information which it deems to be offensive, obscene or illegal. All advertising collateral must conform to all of the standards laid down by all relevant advertising standards authorities. FocalFuse also reserves the right to refuse to include submitted materials without giving a reason. In the situation where any images, videos, and/or data that FocalFuse does include in all good faith, and later discovers is in contravention to such Terms and Conditions, the client is obliged to allow FocalFuse to remove the content without hindrance, issues, or a penalty. FocalFuse is to be held in no way responsible for any such data or information being included.
Cancellation of projects or orders may be made initially by telephone contact, or e-mail, however, upon this, FocalFuse will need a formal notification in writing to the company’s email or postal address. The client will then be invoiced for all of the work completed over and above the non-refundable deposit that will have been made at the time of the initial order being placed or requested. The balance of charges due must be paid within 30 days. Please note that: any cancellation which is not formally confirmed in writing and received by FocalFuse within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
FocalFuse reserves the right to use the services of sub-contractors, partners, agents and suppliers, and any work, content, services, and usage is bound by their Terms and Conditions. FocalFuse will not knowingly perform any actions to contradict these and the client also agrees to be so bound.
FocalFuse makes no warranties of any kind, expressed or implied, for any and all products and/or services that it delivers or supplies. FocalFuse will not be held responsible for any or all damages resulting from products and/or services it delivers or supplies. FocalFuse is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold FocalFuse responsible for any such loss or damage. Any claim against FocalFuse will be limited to the relevant charge(s) paid by the client.
The client agrees to allow FocalFuse to place a small credit on printed material exhibition displays, online uploads or posts, advertisements, and video credits. This will usually be in the form of a small logo or line of text placed towards the bottom of the page with the business name or designers name (Matt Nemetz).
The client agrees to allow FocalFuse to place final designs, videos, and other media along with a link to the client’s site on FocalFuse’s own website for demonstration purposes and to use any designs in its own publicity, advertisements and portfolios.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. FocalFuse reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
The placement of an order for branding, design, video and/or any other services offered by FocalFuse, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are available at www.focalfuse.com.
An estimate approved by the client’s signature on the estimate or quote, or by email, constitutes as acceptance of the estimate or quote and agreement to comply fully with all the Terms and Conditions and forms an agreement for business between the endorser and FocalFuse.