Terms and Conditions

Terms and Conditions of Service

These Terms and Conditions apply to products and services produced by FocalFuse LLC (FocalFuse). Work is produced with the understanding that the client accepts these terms. Copyright in design and video work, concepts, images, motion graphics, writing, ideas, illustrations, effects, and other creative elements remains with FocalFuse unless released in writing after all costs have been paid.

When multiple concepts or versions are presented and one is selected, only the selected work is distributed as fulfillment of the agreement. Unselected concepts, versions, and iterations remain the property of FocalFuse unless otherwise agreed in writing.

Project Onboarding

FocalFuse will provide a written estimate or proposal. Acceptance may be indicated by signing and returning it, issuing a purchase order, or confirming acceptance by email. These Terms and Conditions govern the project rather than conflicting conditions on a client purchase order.

Production Costs and Payment

Production costs will be stated in the written estimate or proposal. The required non-refundable advance payment stated in the accepted proposal is due before work begins. The remaining balance is due at completion and before final files or deliverables are released.

Additional services requested beyond the estimated time or project scope may require a new estimate and payment. Questions about an invoice should be submitted promptly by email. Outstanding balances may be subject to late fees, collection costs, and other remedies described in the applicable proposal.

Publication, uploading, posting, or release of final work may not occur before cleared funds are received. Returned checks may incur a fee, and an account may be considered in default after a returned payment or an unpaid balance.

Default

If an account remains unpaid, FocalFuse may withhold or remove unpaid materials until the full amount is received. This includes amounts due for consultation, production, design, maintenance, subcontractors, printers, post-production, photographers, licensed elements, and related services. Removal does not relieve the client of the obligation to pay. A client in default agrees to pay reasonable legal, accounting, and collection expenses incurred to enforce the debt and these terms.

Source Files and Deliverables

FocalFuse will supply final deliverables in the formats appropriate to the agreed scope, such as JPEG, PNG, TIFF, PDF, MOV, or MP4. Project fees do not automatically include source files such as PSD, AI, EPS, INDD, RAW, DNG, or project files. Source-file release may require a separate agreement or buyout fee.

Trademarks, Copyright, and Third-Party Materials

Typefaces, images, illustrations, video, and other material supplied or designed by FocalFuse remain the property of FocalFuse or the applicable supplier unless otherwise agreed in writing. The client receives a license for the use defined in the project scope.

By supplying fonts, text, images, video, or other material, the client represents that it has the necessary copyright, trademark, and usage permissions. Ownership of client-supplied material remains with the client or rightful owner. The client agrees to indemnify FocalFuse against claims caused by a failure to obtain necessary permissions.

Third-party fonts, software, plugins, stock material, and other licensed assets remain the property of their creators. Ongoing licenses, upgrades, or usage fees may remain the client’s responsibility.

Use and Licensing of Creative Work

Creative work is licensed for the uses defined in the accepted proposal and may not be materially altered, repurposed, or redistributed outside those uses without written consent. The client is responsible for obtaining appropriate trademark searches, registrations, or legal advice before publication when another party could assert a claim.

Any claim against FocalFuse is limited to the relevant fees paid by the client to the extent permitted by law.

Revisions

Changes beyond the agreed scope, changes to client-supplied copy, or revisions requested after approval may result in additional charges. FocalFuse is not responsible for amendments made by third parties before or after publication.

Project Timeline and Completion

Any stated project duration is an estimate. FocalFuse is not responsible for delays outside its reasonable control. Timing begins when the required advance payment and requested client materials are received. A project is considered complete when the client provides written approval or sign-off. Printing, extra collateral, additional filming, uploading, publishing, or other work outside the original scope may be treated as a separate project.

Client-Supplied Data

Text, images, and video should be supplied electronically in requested formats and at a quality suitable for the intended use. FocalFuse is not responsible for quality limitations in client-supplied files. Necessary photography, research, conversion, processing, data entry, color correction, or recreation may result in additional charges.

Right of Refusal

FocalFuse may refuse to include material it considers offensive, obscene, unlawful, unsafe, or inconsistent with relevant advertising standards. If material accepted in good faith is later found to violate these terms, the client agrees to allow its removal without penalty to FocalFuse.

Cancellation

Cancellation should be confirmed in writing by email or mail. The client will be invoiced for work completed beyond the non-refundable advance payment. Unless otherwise stated in the accepted proposal, balances resulting from cancellation are due within thirty days.

Disclaimer

FocalFuse may use subcontractors, partners, agents, and suppliers whose work is subject to their own terms. FocalFuse makes no warranty beyond what is expressly stated in writing and is not responsible for indirect or consequential loss, data loss, or failure caused by third-party products or services. Any claim is limited to the relevant fees paid, to the extent permitted by law.

Credits and Portfolio Use

The client permits FocalFuse to place a reasonable credit on applicable work and to display final designs, video, and related media in FocalFuse portfolios, publicity, social channels, and advertising, including a link to the client’s website, unless otherwise agreed in writing.

General and Acceptance

These Terms supersede earlier versions distributed by FocalFuse. FocalFuse may update rates and terms at any time. Placing an order or approving a proposal by signature, email, or other written confirmation constitutes acceptance of the proposal and these Terms and Conditions.