Client Service Terms

1. Who these terms are between

These terms are between McCallum Studio LLC, an Ohio limited liability company ("McCallum", "we", "us"), and the person or business paying for our services ("you"). You accept them when you pay through our checkout, pay a deposit or invoice, or approve a proposal.

If you have signed a Client Service Agreement or Statement of Work (SOW) with us, that signed document controls, and these terms fill only the gaps it leaves. For a package bought online, the package page and your receipt describe the work, and these terms govern it.

2. Fees and payment

You pay the fees and schedule shown on the package page, proposal, or SOW. Unless that says otherwise, a 50% deposit is due to book the work, and nothing is scheduled until it has cleared. The AI Workflow Audit is paid in full up front.

Invoices are due within 7 days. Late balances accrue interest at 1.5% per month, or the highest rate the law allows if that is lower. If an invoice is more than 14 days late we may pause the work, and deadlines move by the length of the pause plus any rescheduling time.

Final files, source files, and ownership (section 6) are released once every invoice is paid in full. Retainers and subscriptions are billed monthly in advance and renew until either side gives 30 days' written notice, subject to any minimum term stated for that package.

Pre-approved third-party costs, such as talent, travel, licences, stock, hosting, and ad spend, are billed separately. Fees exclude sales and use taxes, which you pay where they apply. Payments are processed by Stripe, Inc.

Raise any question about an invoice in writing within 10 days of receiving it. Please don't dispute or reverse a payment with your bank or card issuer for work we've done; billing disagreements are resolved under section 16, and a reversed payment stays owed along with any fees it causes. You'll also cover our reasonable costs, including attorneys' fees, of collecting overdue amounts.

3. Deposits, refunds, and cancellation

Deposits hold a date we turn other work away for, so they are non-refundable once the date is booked. We don't refund work that has been delivered.

AI Workflow Audit: if by the end of day two we can't find two automations worth building, we tell you and refund the difference between the fee and the work done to that point.

Either side may end a project with 14 days' written notice, or immediately if the other side materially breaches these terms and doesn't fix it within 10 days of being told. On cancellation you pay for the work done and any costs we can't cancel, and we keep the deposit. Ownership transfers only for work that has been paid for.

4. What we need from you

You provide content, access, approvals, and feedback on the agreed timeline, and name one decision-maker. Delays on your side move the schedule. If a project stalls for more than 30 days waiting on you, we may invoice for the work completed and close it; restarting may need a new schedule and a restart fee.

5. Revisions, changes, and approvals

Each package or SOW states the rounds of revision included (two structured rounds per deliverable unless it says otherwise). Extra rounds and changes in scope are priced in writing, by email if you like, and approved by you before the work starts.

A deliverable is accepted when you approve it in writing, or 5 business days after delivery if you haven't sent a specific written objection.

6. Who owns what

Your materials (logos, content, data) stay yours. You let us use them for the project and confirm you have the right to provide them.

Once you have paid in full, you own the final approved deliverables, and we assign our rights in them to you. Our pre-existing tools (code libraries, templates, workflows, presets, and know-how) stay ours; you get a perpetual, royalty-free, non-exclusive licence to use whatever of them is built into your deliverables.

Rejected concepts, unused drafts, and raw footage stay ours unless your SOW says otherwise. Third-party assets (fonts, stock, music, software, and AI or SaaS platforms) come under their own licences, and you pay any ongoing licence or subscription fees.

We may show the work in our portfolio and marketing after it launches publicly, unless you ask us in writing to keep it confidential.

7. AI tools and automations

We may use AI tools in making your deliverables, and you consent to that. Automations and AI systems run on third-party platforms we don't control, so we can't guarantee their uptime or the accuracy of what they generate. You review outputs before relying on them and keep a person in the loop where the work calls for it. We never put your confidential data into AI tools that train on customer data.

8. Confidentiality

Each side keeps the other's non-public business information confidential and uses it only for the project, during the engagement and for 3 years after. This doesn't cover information that is public, already known to the other side, or that the law requires to be disclosed.

9. Data and access

You control the credentials you give us. We store them securely, share them only through a password manager, and use them only for the project. When it ends, rotate those passwords and remove our access. Where we handle personal data for you, you are the data controller and are responsible for your own privacy notices and consents.

10. Our promise on the work

We perform the work professionally. For 30 days after delivery we fix any defect where a deliverable doesn't match what was agreed. Beyond that the work is provided as is, and we don't guarantee specific business results such as rankings, traffic, leads, revenue, or hours saved.

11. Limits of liability

Neither side is liable for indirect, incidental, consequential, or lost-profit damages. Our total liability is capped at the fees you paid us for the project in question in the 6 months before the claim.

12. Indemnity

You defend us against third-party claims arising from materials you provided. We defend you against third-party claims that original work we created (not your materials or third-party assets) infringes someone else's rights.

13. Independent contractor

We work as an independent contractor. We may use vetted subcontractors, who are bound by confidentiality, and we remain responsible for their work.

14. Hiring our team

During the project and for 12 months after it, you won't directly hire our staff or subcontractors who worked on it without paying a placement fee of 25% of their first-year compensation.

15. Film and photo shoots

Unless your SOW says otherwise, you arrange location access and on-camera releases for your own people. Shoot days cancelled or moved less than 7 days out are billed at 50% of the shoot-day fee, and less than 48 hours out at 100%, plus crew and rental costs we can't recover. Weather days are rescheduled at no charge.

16. Disputes and governing law

Ohio law governs these terms. If a dispute comes up, both sides first try in good faith to settle it within 30 days; after that it goes to the state or federal courts in Hamilton County, Ohio. Neither side is liable for delays outside its reasonable control. If one part of these terms is unenforceable, the rest still applies.

17. Changes and contact

We may update these terms; the version in effect when you paid applies to that purchase. Changes to an engagement must be in writing, and electronic signatures and email approvals count. Notices and questions go to hello@mccallumstudio.com, or by post to McCallum Studio LLC, 8666 Beechmont Ave. #1075, Cincinnati, OH 45255.