Terms of Service

1. Agreement to Terms

By engaging PRISM Studio ("PRISM", "we", "us", "our") for creative, design, branding, or digital services, you ("Client") agree to be bound by these Terms of Service. If you are entering into this agreement on behalf of a company or entity, you represent that you have the authority to bind such entity to these terms.

PRISM reserves the right to refuse service to anyone for any reason at any time. Continued engagement with our services constitutes acceptance of any amendments to these terms.

2. Services & Scope

PRISM provides creative services including but not limited to brand strategy, visual identity design, web design and development, motion graphics, content production, and creative direction.

All specific deliverables, timelines, and scopes of work will be detailed in individual Statements of Work (SOW) or project proposals. The SOW takes precedence over general terms where there is a direct conflict regarding scope.

3. Intellectual Property

3.1 Preliminary Work & Concepts

PRISM retains all rights, title, and interest in all preliminary work, concepts, rough drafts, sketches, proposals, and work-in-progress materials until the Client has made full payment for the project. These materials are provided for the Client's review and feedback purposes only.

3.2 Transfer of Rights

Upon full and final payment, PRISM grants the Client exclusive ownership of the final approved deliverables as specified in the SOW. This transfer includes copyright to the final executed work, excluding any third-party assets, fonts, stock imagery, or frameworks for which licenses must be purchased separately.

3.3 Portfolio Rights

PRISM reserves the right to display final completed work in its portfolio, on its website, and in marketing materials for self-promotion purposes, unless explicitly restricted by a signed Non-Disclosure Agreement (NDA).

3.4 Client Assets

Client warrants that all materials, content, and assets provided to PRISM are original or that Client has obtained all necessary rights and licenses. Client agrees to indemnify PRISM against any claims arising from the use of Client-provided assets.

4. Client Obligations

To ensure project success, Client agrees to:

• Provide clear, accurate, and timely feedback on deliverables.
• Supply all necessary content, assets, and access credentials as outlined in the project timeline.
• Designate a single point of contact for approvals and decisions to streamline communication.
• Review deliverables within the agreed timeframe (typically 3–5 business days). Delays in feedback may impact the project timeline and additional fees may apply for extended timelines.

5. Payment Terms

5.1 Fees & Invoicing

All fees are as stated in the SOW or proposal. Invoices are due upon receipt unless otherwise specified.

• Deposits: A non-refundable deposit (typically 40–50%) is required before project commencement.
• Milestones: For larger projects, payments may be structured across milestones as defined in the SOW.
• Final Payment: Ownership transfer and final file delivery occur only upon receipt of full payment.

5.2 Late Payments

Overdue balances incur interest at 1.5% per month or the maximum rate allowed by law, whichever is lower. PRISM reserves the right to pause active work on overdue accounts until the balance is settled.

6. Revisions & Approvals

The number of revision rounds included in a project is specified in the SOW. "Revisions" refer to modifications and tweaks that conform to the agreed scope and initial creative direction.

Changes that constitute a fundamental departure from the original concept or scope ("Scope Creep") will require additional time and fees. PRISM will notify the Client if revisions exceed the agreed scope before proceeding.

7. Termination

Either party may terminate this agreement with written notice if the other party materially breaches these terms and fails to cure such breach within 14 days of notice.

Client Termination: If the Client cancels a project, PRISM is entitled to retain the deposit and payment for all work completed up to the termination date. If the work completed is valued at less than the deposit, the deposit remains non-refundable.

PRISM Termination: PRISM may terminate the agreement if the Client fails to meet payment obligations or provides assets that violate these terms.

8. Limitation of Liability

To the fullest extent permitted by law, PRISM's total liability arising out of or related to this agreement shall not exceed the total fees paid by the Client for the specific project giving rise to the claim.

PRISM shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities. PRISM does not guarantee specific business outcomes, ROI, or third-party platform performance.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under these terms shall be resolved in the state or federal courts located in San Francisco, California.

10. Changes to Terms

PRISM reserves the right to modify these Terms at any time. Material changes will be communicated to active Clients via email. Continued engagement after notice of changes constitutes acceptance of the revised terms.

11. Contact

For questions regarding these Terms of Service, please contact our legal or accounts team: