Terms of Service
Up from the Ashes Digital Productions, LLC
Effective Date: [Date]
These Terms of Service (“Terms”) govern your access to and use of the website, services, and content provided by Up from the Ashes Digital Productions, LLC, a Colorado limited liability company (“Company,” “we,” “us,” or “our”).
By accessing our website, requesting services, or entering into a service agreement with us, you agree to these Terms.
1. SERVICES OFFERED
We provide creative and digital production services, including but not limited to:
Video production and editing
Motion graphics and animation
Website design and development
Graphic design and branding
Digital marketing and content creation
Photography and multimedia services
Specific deliverables, timelines, pricing, and scope will be outlined in a separate written agreement, proposal, or invoice (“Client Agreement”).
2. CLIENT RESPONSIBILITIES
Clients agree to:
Provide timely access to required materials, assets, and approvals
Ensure they own or have rights to all content they provide
Respond within reasonable timeframes to avoid delays
Pay all fees according to agreed terms
Delays caused by client inaction may result in timeline adjustments or additional fees.
3. FEES & PAYMENT
Fees are outlined in the applicable Client Agreement or invoice
Payment schedules may include deposits, milestones, or retainers
Late payments may result in paused work, delayed delivery, or termination
All payments are non-refundable unless otherwise stated in writing
4. INTELLECTUAL PROPERTY
4.1 Company IP
Unless otherwise agreed in writing, all pre-existing materials, templates, processes, workflows, code frameworks, and creative methods remain the exclusive property of the Company.
4.2 Client Deliverables
Ownership or licensing of final deliverables will be governed by the Client Agreement.
If not specified:
Client receives a non-exclusive, non-transferable license to use final deliverables for their intended purpose
The Company retains ownership of underlying creative assets and source files
4.3 Portfolio Use
Unless explicitly prohibited in writing, the Company may display completed work for portfolio, marketing, or promotional purposes.
5. REVISIONS & APPROVALS
Revision limits, if any, are defined in the Client Agreement
Additional revisions outside scope may incur extra fees
Client approval at any stage constitutes acceptance of that work
6. THIRD-PARTY SERVICES
We may use third-party platforms, tools, or contractors. We are not responsible for:
Outages or failures of third-party services
Changes to third-party terms or pricing
7. CONFIDENTIALITY
Both parties agree to keep confidential information private unless disclosure is required by law or permitted in writing.
8. TERMINATION
Either party may terminate services according to the Client Agreement.
Upon termination:
Client is responsible for payment for work completed to date
Any licenses granted terminate if payment is not completed
9. DISCLAIMER OF WARRANTIES
All services are provided “as is” and “as available.”
We make no guarantees regarding:
Specific business outcomes
Revenue, engagement, or performance metrics
Platform algorithms or third-party changes
10. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
The Company shall not be liable for indirect, incidental, or consequential damages
Total liability shall not exceed the amount paid by the client in the preceding 3 months
11. INDEMNIFICATION
Client agrees to indemnify and hold harmless the Company from claims arising from:
Client-provided materials
Client misuse of deliverables
Violation of laws or third-party rights
12. GOVERNING LAW
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles.
13. CHANGES TO TERMS
We may update these Terms from time to time. Continued use of our services constitutes acceptance of updated Terms.
14. CONTACT INFORMATION
Up from the Ashes Digital Productions, LLC
7203 Dome Rock Road
Littleton, CO 80125
Email: jlajimodiere@upfromtheashesdigitalproductions.com