Terms of Service
Welcome to Cassian Films. By accessing our website, using our services, or engaging us for video production, you agree to comply with and be bound by the following detailed Terms of Service. Please read them carefully. If you do not agree to these terms, you must not use our website or services.
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you," "Client"), and Cassian Films Inc. ("Cassian Films," "we," "us," or "our"), located in Wilmington, North Carolina, concerning your access to and use of the cassianfilms.com website as well as any other media form, media channel, mobile website, or related services (collectively, the "Site") and any video production services you engage us to perform.
2. Services and Deliverables
Cassian Films provides premium video production, strategy, shooting, and editing services ("Services"). The specific scope of Services, deliverables, timelines, and costs will be detailed in a separate, mutually agreed-upon Statement of Work (SOW) or Production Contract. In the event of any conflict between these general Terms and a specific SOW, the terms of the SOW shall prevail.
3. Intellectual Property Rights
3.1 Ownership of Website Content
Unless otherwise indicated, the Site and all content, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein are owned or controlled by us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States.
3.2 Client Deliverables and Licensing
Upon full payment of all fees outlined in the respective SOW, Cassian Films grants the Client a perpetual, exclusive, non-transferable license to use the final video deliverables for their intended commercial purpose. Cassian Films retains the right to use the final deliverables, as well as any raw footage or behind-the-scenes content, for our own promotional purposes, portfolio, and marketing materials unless a specific Non-Disclosure Agreement (NDA) explicitly prohibits it.
4. Payments and Fees
All fees for our Services will be outlined in the applicable SOW. Unless otherwise agreed in writing, a non-refundable deposit of fifty percent (50%) of the total project fee is required to secure production dates and commence work. The remaining fifty percent (50%) is due strictly prior to the delivery of the final, unwatermarked high-resolution files. We reserve the right to withhold deliverables or suspend services if payments are not made in accordance with these terms. Late payments may incur a fee of 1.5% per month or the highest rate permitted by applicable law.
5. Client Responsibilities and Approvals
The Client is responsible for providing timely feedback, necessary assets, brand guidelines, and approvals as required throughout the production process. Delays in Client feedback may result in corresponding delays to the delivery schedule. Any requests for revisions outside the scope defined in the SOW will be billed at our standard hourly or day rate.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CASSIAN FILMS INC., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY ERRORS OR OMISSIONS IN PRODUCTION; OR (IV) DELAYS IN DELIVERY DUE TO FORCE MAJEURE EVENTS (ACTS OF GOD, WEATHER, ILLNESS). OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SPECIFIC PROJECT IN DISPUTE.
7. Indemnification
You agree to defend, indemnify, and hold harmless Cassian Films Inc. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms, or c) any third-party claims arising from intellectual property, trademarks, or individuals depicted in the video deliverables provided by you.
8. Governing Law and Jurisdiction
These Terms and your use of the Site and Services are governed by and construed in accordance with the laws of the State of North Carolina applicable to agreements made and to be entirely performed within the State of North Carolina, without regard to its conflict of law principles. Any legal action or proceeding related to our Services or these Terms shall be brought exclusively in the state or federal courts located in New Hanover County, North Carolina, and you hereby consent to the personal jurisdiction and venue therein.
9. Severability
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
10. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site or our Services, please contact us at:
Cassian Films Inc.
226 N Front St #203
Wilmington, NC 28401
Email: cody@cassianfilms.com
Phone: +1 919-267-0242