Contact Information and Terms & Conditions
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TERMS AND CONDITIONS
Terms of Service
The scope and deliverables for each project and the applicable hourly rates will be in a statement of work (“SOW”) for each project, which SOW the client will either sign or confirm via email. Changes to an SOW will be placed into a change order for signature or email approval. Each SOW and change order is subject to these terms and conditions, except where inconsistent with them. Where the terms of an SOW or change order are inconsistent with these terms and conditions, the SOW or change order, being more specific to a certain project, will control.
Cream will invoice 50% of the estimated project cost, before work begins. This initial payment, at Cream’s discretion, will be due either before work begins or within 30 days of the invoice date. If invoicing terms are addressed in any project SOW or change order, those more specific documents will control.
Cream typically invoices clients monthly for projects lasting longer than one month. (Additional payment terms are set forth below.)
Cancellation Terms: If a project is cancelled by the client after signing or accepting an estimate or SOW, the client will be responsible for a cancellation fee of up to 25% of the total project estimate plus hours worked to date. Any payments received prior to cancellation will not be refundable, but may be applied as a credit toward any future projects within a 12-month period.
During a project, Cream may submit concepts, drafts, and preliminary versions of deliverables for client approval. The client agrees to provide such approvals, or detailed comments or suggestions instead, by phone, email, marked up PDF, Vimeo review page, etc. according to the approval deadlines set forth in the project schedule, or if no specific deadline is set forth in the project schedule, then within three (3) business days.
Many SOWs and change orders will include a timeline for client or others to provide Cream with certain project assets (images, logos, VO tracks, music, etc.) before we can begin.
If Cream does not receive all assets or requested approvals according to the timeline, that will be considered a client delay. If client delays last more than 15 days, Cream reserves the right to invoice the client for all billable hours to date and to suspend the project until all assets, and approvals are provided. If client delays last more than 30 days, Cream reserves the right to consider the project terminated by the client and will follow the Cancellation Terms outlined above.
In the event of any overdue or incomplete payment to Cream, Cream may invoice the client for all billable hours to date and suspend the project until all amounts are paid in full.
Clients whose projects have been suspended or terminated must pay any outstanding balance plus any applicable charges before Cream will resume work.
Cream makes a reasonable effort to maintain project archives for at least 12 months, however this service is not guaranteed. The client is responsible, after delivery, for storing and maintaining all deliverables and any files delivered to client.
The client assumes all liability under copyright laws for provided assets. The client shall hold harmless Cream, for any suits, claims, losses, or other liability made against, or suffered arising out of the production, distribution, processing or exhibition of any programs on which Cream worked for the client.
Cream is not liable for downtime related to equipment failure, weather emergencies, or loss of electric power or internet connectivity, nor will they invoice the client for any time lost as a result of these factors.
Any failure or delay by Cream in enforcing any right under these terms does not mean that Cream is waiving that right or any other right it has under these terms.
Any intellectual property assets owned by the client or licensed by the client before its engagement with Cream will remain the property of the client or its licensor.
Cream and the client may disclose information to each other that is confidential. Each agrees to protect the information of the other at least to the extent that it protects its own business information, especially if that information involves non-public pricing or any other financial information, business or marketing strategy, end-user client information, or personnel matters.
Cream and the client are independent contractors. These terms and conditions and each SOW and change order are only between the immediate parties to this agreement, and do not create any rights for any third parties or create any agency relationship or partnership.
The venue for any disputes related to these terms and conditions, or to any SOW or change order hereunder, shall be the federal or state courts located in the City of Richmond, Virginia.
Late Payment and Non-Payment
Clients unable to make payments by the due date must inform Cream in writing at least 10 days before payment is due. Cream will work with the client to determine a new payment schedule. The client will be responsible for applicable interest charges, but Cream may waive any late fees.
Cream reserves the right to charge $50 fee for bounced or lost checks.
Cream reserves the right to stop work on a project until any overdue balance is paid in full.
Payments received after the due date are subject to a 1.5% interest charge per month on the unpaid balance. Reminders will be sent for past-due invoices. The client is responsible for any and all costs of collection, including reasonable attorneys’ fees and costs.
It is the client’s responsibility to submit payments so that they are processed on or before the due date.
Invoices are emailed to the billing email address provided by client, and/or to Cream’s primary point of contact.
Cream accepts payment via check, PayPal or other online payment service. A 3.5% processing fee will be included if there are associated processing fees.
Please make checks payable to Cream LLC and deliver to: Accounts Receivable, Cream LLC, 9 S. 12th St., First Floor, Richmond, VA 23219, USA.
Rates & Fees
Cream invoices hourly for services rendered. Fees range from $200 to $300/hour depending on the project and/or service provided. Fees and costs associated with live-action production or other services outside of animation and motion graphics will vary. Invoices are due when sent to client, and will be overdue after 30 days from the invoice date, unless otherwise agreed in writing. For some projects, Cream may require, at its discretion, prepayment of some amount prior to beginning work on the project. Payment terms in an SOW will control over standard payment terms in these terms and conditions.
The hourly rates that apply to a particular project will ordinarily be listed in the SOW for that project.
Cream reserves the right to charge a rush fee of up to 100% of the estimated cost for any project, or stage within a project, to be completed in less than Cream’s standard turnaround time. This includes nights, weekends and federal holidays. These costs will be submitted for approval on an SOW or change order prior to execution.