In Plain Terms

This page explains how DC Color works with clients. It covers what services we provide, how projects are scoped and billed, what happens if a project is canceled or delayed, how ownership of materials works, and how we handle disputes.

If your project needs a Non-Disclosure Agreement (NDA), we can provide one on request before work begins.

1. Scope of Services

DC Color provides professional video color correction (grading), finishing, packaging, and delivery services as requested by the client (“Client”). All work begins only after both parties confirm the scope, schedule, and pricing in writing through a Project Order (P.O.).

Each Project Order will typically include:

• A description of services requested
• Delivery schedule and milestones
• Materials the Client must provide and when
• Review and approval deadlines
• Final delivery date
• Invoice and payment schedule

2. Fees and Payment

• Fees are defined in each Project Order.
• DC Color may bill for out-of-pocket costs (materials, supplies, taxes, etc.).
• DC Color will provide a detailed invoice for each payment.
• Payment is due within 30 days of the invoice date, unless otherwise stated.
• Late payments accrue 2% interest per month (24% per year).
• If the Client does not pay when due, DC Color is relieved of further obligations,
  and any license or usage right (see section 4) is suspended until payment is received in full.

3. Cancellations

All cancellations must be made in writing (email is acceptable).

• Project Orders not started within 60 days of agreement must be requoted.
• Cancellation fees based on timing before project commencement (as defined in the Project Order):
  • More than 72 hours before: No cancellation fee, but Client pays any out-of-pocket costs.
  • Within 72 hours: Client forfeits 10% of deposit or pays 10% of total project fee.
  • Within 48 hours: Client forfeits 25% of deposit or pays 25% of total project fee.
  • Within 24 hours: Client forfeits 50% of deposit or pays 50% of total project fee.
• If the Client cancels after work has begun, the Client must pay for time spent and all costs incurred up to the time of written cancellation.
• In the event of cancellation, any materials, files, or intellectual property created by DC Color up to the time of cancellation remain the property of DC Color. All original materials supplied by the Client remain the property of the Client.

4. Rights and Ownership

• Upon full payment, the Client receives the rights to use the final deliverables as specified in the Project Order.
• Unless otherwise agreed in writing, all underlying files, project files, created media, AI prompts, created scripts, software, and other working materials developed by DC Color remain the property of DC Color. All original materials supplied by the Client remain the property of the Client.
• Once the project has been paid for in full, the Client is free to use, edit, or adapt the final deliverables as they wish. However, the Client may not alter or repurpose DC Color’s work in a way that misrepresents DC Color’s contribution or implies DC Color’s approval of modified versions.
• DC Color may use small or de minimis portions of completed work for portfolio or promotional purposes, subject to the Client’s reasonable approval (which shall not be unreasonably withheld or delayed).

5. Independent Contractor

DC Color acts as an independent contractor. Nothing in these terms creates an employer/employee relationship, partnership, or joint venture. The Client will not withhold taxes, social security, or other benefits on DC Color’s behalf.

6. Credit for Work

The Client agrees to provide an appropriate credit line such as “Color by DC Color” in any publication, website, broadcast, exhibition, or publicity where DC Color’s work is showcased, unless otherwise agreed.

7. Client Warranties

The Client represents and warrants that all materials provided to DC Color:

• Are original to the Client or properly licensed for use,
• Do not infringe on any third-party rights,
• Do not contain defamatory, obscene, or unlawful material, and
• The Client has the authority to grant DC Color the right to use such materials for the project.

The Client agrees to indemnify and hold DC Color harmless from any claims or damages arising out of the Client’s materials or breach of these warranties.

8. Indemnification

The Client agrees to indemnify, defend, and hold harmless DC Color, its members, employees, and agents from and against any and all claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• The Client’s use of DC Color’s services;
• Materials provided by the Client;
• Any claim that the Client’s materials infringe a third party’s rights.

9. Confidentiality (Available on Request)

DC Color respects the confidentiality of Client materials. If a project requires a Non-Disclosure Agreement (NDA), DC Color will execute an NDA upon the Client’s request before work begins.

10. Limitation of Liability

To the fullest extent permitted by law, DC Color’s total liability for any claim arising out of or relating to a specific Project Order will not exceed the total fees paid by the Client to DC Color for that Project Order.

DC Color will not be liable for any indirect, incidental, consequential, special, or exemplary damages, including without limitation loss of profits or business interruption, even if advised of the possibility of such damages.

11. Force Majeure

DC Color will not be liable for any delay or failure to perform due to events beyond its reasonable control, including but not limited to natural disasters, acts of government, labor disputes, power or Internet failures, or other events of a similar nature. In such cases, timelines will be adjusted in good faith.

12. Dispute Resolution

If a dispute arises, both parties agree to first attempt to resolve it informally and in good faith.

If the dispute cannot be resolved informally, any legal action must be brought in a court of competent jurisdiction located in Fairfax County, Virginia, and the laws of the Commonwealth of Virginia will govern these terms.

The prevailing party in any such action is entitled to recover reasonable attorneys’ fees and costs.

13. General Terms

• These terms, together with any Project Order, form the entire agreement between the parties.
• Changes must be in writing and agreed to by both parties.
• Neither party may assign this agreement without the other’s written consent.
• If any provision is found invalid, the remaining provisions remain in effect.
• A failure to enforce a right does not waive that right.

Acceptance

By agreeing to and singing a Project Order, paying an invoice, or engaging DC Color to perform services, the Client acknowledges that they have read, understood, and agree to these Service Terms.