TERMS AND CONDITIONS
1. Definitions
In these Terms and Conditions:
– “Business” refers to Luminous Hue Color Solutions, located at 7673 Davies St, Burnaby, Vancouver, Canada.
– “Client” refers to any individual, corporation, or other entity engaging Luminous Hue Color Solutions for services.
– “Services” refers to the color correction, color grading, LUT development, and consulting services provided by the Business.
– “Deliverables” refers to the final products or results provided to the Client upon completion of the Services.
– “Agreement” refers to the contract signed between the Business and the Client outlining the specific terms of the service engagement.
– “Materials” refers to all footage, files, and other assets provided by the Client for use in performing the Services.
– “IP Rights” refers to all intellectual property rights in the Deliverables, including copyrights, trademarks, and proprietary methods used in the Services.
2. Customer Obligations
– Warranties: The Client represents and warrants that it has all necessary rights and permissions to provide the Materials to the Business for the purpose of performing the Services. The Client further warrants that the use of these Materials by the Business will not infringe upon any third-party intellectual property rights, privacy rights, or other proprietary rights.
– Indemnity: The Client agrees to indemnify and hold harmless Luminous Hue Color Solutions, its employees, and agents from any claims, damages, liabilities, costs, and expenses (including legal fees) arising out of or related to the Materials provided by the Client, including any claims of infringement or misappropriation of intellectual property rights.
3. Payment Terms and Possession of Deliverables
– Payment: Payment for Services is due upon completion unless otherwise specified in the signed Agreement. Installments may be arranged as per the terms of the Agreement.
– Possession of Deliverables: The Business **retains possession of all Deliverables until full payment** has been received. Legal title to the Deliverables does not pass to the Client until payment is made in full.
4. Right to Refuse or Cease Services
Luminous Hue Color Solutions reserves the right to refuse or cease providing Services if:
– The Materials provided by the Client are deemed to be unlawful, infringing, or otherwise objectionable.
– The Client fails to provide the necessary Materials in a timely manner or in the required format.
– The Client is in breach of any of the terms outlined in these Terms and Conditions or the signed Agreement.
– Continuation of the Services would subject the Business to any legal liability or financial risk.
5. Retention and Disposal of Client Materials
Luminous Hue Color Solutions will retain the Client’s Materials for a period of six (6) months following the completion of the Services. After this period, the Business reserves the right to securely destroy or dispose of the Materials without further notice to the Client. It is the Client’s responsibility to request the return of any Materials within this time frame.
6. Force Majeure
The Business shall not be liable for any failure to perform, or delay in the performance of, any of its obligations under these Terms and Conditions if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes, pandemics, natural disasters, or failures of telecommunications networks. In such circumstances, the timeline for Services shall be extended by a period equal to the duration of the event*that caused the delay.
7. Notices and Communications
Any notice or communication required or permitted to be given under these Terms and Conditions must be in writing and sent via email, registered mail, or hand delivery to the addresses provided by the parties in the Agreement. Notices sent by email will be deemed received on the next business day following transmission, provided no delivery failure notice is received. Notices sent by registered mail will be deemed received five (5) business days after posting. Notices delivered by hand will be deemed received upon actual delivery.
8. Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed severed from these Terms and Conditions, and the remaining provisions shall continue in full force and effect.
