Terms of Service and Retainer Agreement

Last Updated: 16 May 2025

These Terms of Service and Retainer Agreement (the “Agreement”) govern the services provided by Charles Creative House (“Agency”, “we”, “us”, or “our”) to any individual, company, or organization (“Client”, “you”, or “your”) who engages our services. By signing this Agreement or using our services, you agree to the terms set forth herein.

1. Scope of Services

Charles Creative House offers the following core services:

Creative Branding
- Brand Identity Design (logos, brand guidelines)
- Visual Storytelling
- Brand Positioning Strategy
Digital Marketing
- Social Media Management & Advertising
- Email Marketing Campaigns
- Search Engine Optimization (SEO)
- Content Strategy and Creation
Media Production
- Photography (Event, Commercial, Lifestyle)
- Videography (Corporate, Promotional, Documentary)
- Post-Production Services (Editing, Color Grading, Sound)
Web Design & Development
- Custom Website Design
- Frontend & Backend Development
- CMS Integration
- Website Maintenance and Hosting

2. Retainer Engagement Terms

A retainer is a contractual agreement for the Client to reserve a block of time or resources with Charles Creative House on a recurring basis. Retainer services are billed on a monthly or quarterly basis, depending on the agreement.

2.1 Retainer Models

We offer the following retainer models:

Monthly Creative Support
Ongoing Content Production
Brand Management Retainers
Full-Service Digital Presence Management

2.2 Payment Terms for Retainer Clients

Retainer fees are due upfront at the beginning of each service period (e.g., monthly).
Payment must be received before work begins.
Retainers are non-refundable but can be rolled over to the next month if unused hours are explicitly agreed to carry over.

2.3 Scope and Revisions

Work covered under the retainer will be outlined in a mutually agreed-upon scope of work.
Additional work beyond the retainer scope will be billed at our standard hourly/project rates unless otherwise agreed.

3. Fees and Payment Terms

3.1 Project-Based Services

A detailed quote will be provided based on the scope of work.
A 50% deposit is required before commencement, with the balance due upon completion unless otherwise specified.

3.2 Hourly Rate Services

Time-based work outside the agreed retainer or project scope is billed at [Insert Hourly Rate].

3.3 Late Payments

A late fee of 5% of the outstanding balance will be applied for payments not received within 7 days of the due date.
We reserve the right to suspend services until the account is current.

3.4 Payment Methods

Accepted via bank transfer, credit/debit cards, or other digital methods as agreed.

4. Client Responsibilities

Provide timely access to necessary assets, information, and personnel.
Review and approve deliverables within the mutually agreed timeframe.
Maintain communication for project flow and decision-making.
Promptly notify us of any issues that may affect timelines or deliverables.

5. Intellectual Property Rights

5.1 Ownership

Upon full payment, the Client will own the final deliverables (e.g., brand assets, designs, videos, websites).
Charles Creative House retains the right to showcase the work in our portfolio, website, and promotional materials unless explicitly prohibited in writing.

5.2 Third-Party Materials

Any stock photography, music, plugins, or third-party tools used in the project will be appropriately licensed.
Licensing fees are the Client’s responsibility unless otherwise specified.

6. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the course of the engagement. This includes but is not limited to:

Business strategies
Creative concepts
Marketing data
Client lists and trade secrets

7. Timelines & Revisions

7.1 Timeline Commitments

All estimated project timelines will be provided in writing.
Delays caused by the Client (e.g., delayed feedback or content delivery) may result in adjusted deadlines.

7.2 Revisions

Each project includes a fixed number of revision rounds (typically two).
Additional revisions beyond the scope will be charged at the hourly rate or per negotiated terms.

8. Termination of Services

8.1 Termination by Client

The Client may terminate this Agreement with 14 days written notice.
Payments for work completed up to the termination date are due immediately.
For retainers, any unused time is non-refundable unless otherwise agreed.

8.2 Termination by Charles Creative House

We reserve the right to terminate the Agreement if the Client breaches contract terms or engages in unethical, illegal, or disruptive behavior.
The Client will be billed for all services rendered up to the termination date.

9. Limitation of Liability

Charles Creative House is not liable for any indirect, incidental, special, or consequential damages, including loss of profits or data, arising from the use of our services.
Our liability in any case will not exceed the total amount paid by the Client for the services rendered.

10. Non-Solicitation

During the term of this Agreement and for 12 months thereafter, the Client agrees not to solicit or hire any of Charles Creative House’s employees, contractors, or representatives without prior written consent.

11. Force Majeure

Neither party shall be liable for delays or failure in performance due to events beyond their reasonable control, including but not limited to natural disasters, acts of God, war, government regulations, or internet outages.

12. Dispute Resolution

In the event of a dispute, both parties agree to attempt resolution through informal negotiations.
If unresolved, disputes shall be settled through binding arbitration in [Insert City, State], in accordance with the rules of the American Arbitration Association.

13. Governing Law

This Agreement shall be governed and interpreted in accordance with the laws of the State of [Insert State].

14. Entire Agreement

This document represents the entire agreement between Charles Creative House and the Client. It supersedes any previous understanding, agreements, or negotiations, whether written or verbal.

15. Acceptance of Terms

By signing below or submitting a project brief or payment, the Client acknowledges that they have read, understood, and agree to be bound by these Terms of Service and Retainer Agreement.