Terms of Service

1. Agreement to Terms

By accessing this website, submitting a contact form or engaging CalebDMSProductions L.C. for any service you confirm that you have read, understood and agreed to be bound by these Terms of Service. If you do not agree with any part of these terms you should not use the website or the services.

These terms apply alongside any written proposal, statement of work or master agreement that the Company and a client may sign. Where a signed agreement conflicts with these terms, the signed agreement governs for that engagement. Where no separate agreement exists, these terms set out the full understanding between the parties.

You represent that you have the legal authority to enter into this agreement, whether for yourself or on behalf of an organisation, and that the information you provide to the Company is accurate and current.

2. Definitions

In these terms the Company refers to CalebDMSProductions L.C. and its personnel. The Client refers to any person or organisation that engages the Company for services. The Website refers to the site published at the Company domain and any related pages.

Services refers to the design, development, integration, support and related professional work that the Company provides, including production scheduling platforms, media asset pipeline integration, studio booking systems, post-production workflow automation, review and approval portals, and archive and retrieval systems.

Deliverable refers to any software, configuration, documentation or other material that the Company provides to a client under an engagement. Content refers to text, images, data and other material published on the Website.

3. Use of the Website

The Website is provided for information about the Company and its services. You may view, download and print pages for your own reference and for evaluating the Company. You may not republish, sell, rent or sublicense material from the Website without prior written consent.

You agree to use the Website lawfully and not to interfere with its operation. You must not attempt to gain unauthorised access to any part of the Website, introduce malicious code, conduct automated scraping that degrades performance, or use the Website in a manner that infringes the rights of the Company or any third party.

The Company may suspend or withdraw access to the Website at any time, including for maintenance, security or legal reasons, and does not guarantee that the Website will always be available without interruption.

4. Services Provided

The Company provides professional systems design and integration services to media and content operations. The scope of each service is defined in a written proposal or statement of work that describes the objectives, the deliverables, the timeline and the responsibilities of each party.

The Company performs its services with reasonable skill and care and in accordance with recognised professional standards. The Company does not guarantee any particular business outcome, because outcomes depend on factors that lie outside the control of the Company, including the accuracy of client information and the readiness of the client environment.

Each service is delivered within a defined phase structure. Discovery establishes the current state of the client operations. Design translates that state into a system model. Build creates the platform and its integrations. Handover prepares the client team to operate the system with confidence. Support keeps the system healthy through real production cycles. This structure keeps expectations clear and progress measurable at every stage.

Where a service depends on a third party system, the Company confirms the interface requirements during discovery and documents any assumptions that affect the schedule. If a third party interface behaves differently from its documented behaviour, the parties agree on a remedy through the change request process.

Unless a proposal states otherwise, services are provided on a time and materials basis or on a fixed fee basis as agreed. Any estimate is provided in good faith and may be revised if the underlying assumptions change.

5. Proposals and Engagements

A proposal issued by the Company remains valid for the period stated in the proposal or, if no period is stated, for thirty days from issue. An engagement begins when the client accepts a proposal in writing or when the parties sign a statement of work.

Changes to an agreed scope are handled through a written change request that describes the additional work, its impact on the schedule and any adjustment to the fees. Work on a change does not begin until the change request is accepted by both parties.

The Company may decline an engagement at its discretion, including where a project falls outside its expertise, where the requested timeline is not feasible, or where the engagement would create a conflict of interest.

6. Fees and Payment

Fees for services are set out in the applicable proposal or statement of work. Unless the document states otherwise, invoices are issued on the schedule described in the engagement and are payable within thirty days of the invoice date.

The client is responsible for any taxes that apply to the services, other than taxes on the income of the Company. Expenses that the Company incurs on behalf of the client, such as travel or third party licences, are charged at cost with reasonable supporting documentation.

Late payment may result in suspension of work and may attract interest at the rate permitted by law. The Company will provide notice before suspending work for non payment and will work with the client to resolve genuine difficulties.

7. Client Responsibilities

The client agrees to provide timely access to the information, systems, personnel and approvals that the Company needs to perform the services. Delays caused by a client may extend the schedule and may increase the fees where additional effort is required.

The client is responsible for the accuracy of the information it supplies and for ensuring that it has the rights and consents necessary to allow the Company to work with the client data. The client must not ask the Company to process data unlawfully or to circumvent the rights of third parties.

The client is responsible for maintaining its own backups and for the operation of its own environment once deliverables have been accepted, unless a separate support agreement places those duties with the Company.

The client agrees to nominate a single point of contact who is authorised to approve decisions, to receive notices and to coordinate access to the client team. A clear point of contact reduces misunderstanding and keeps the engagement moving at a predictable pace.

Where the client provides samples of production data for testing or demonstration, the client confirms that it has the right to share that data and that the data does not contain information that the client is not permitted to disclose. The Company handles such samples as confidential information and removes them at the end of the engagement.

8. Intellectual Property

The Company retains ownership of its pre existing tools, methods, templates and know how, together with any general improvements developed during an engagement. The client receives a licence to use these elements to the extent required to use the deliverables, as described in the applicable agreement.

Unless the agreement states otherwise, the client receives ownership of bespoke deliverables that the Company creates specifically for the client and for which the client has paid in full. Where deliverables include third party components, those components remain subject to the terms of their own licences.

All content on the Website, including text, layout and design, is owned by the Company or its licensors and is protected by intellectual property law. No licence to that content is granted except as expressly stated in these terms.

9. Confidentiality

Each party may receive information that the other treats as confidential. Each party agrees to protect the confidential information of the other with at least the same care it uses for its own confidential information, and to use it only for the purposes of the engagement.

Confidential information does not include information that is already public, that was lawfully known before disclosure, that is independently developed without reference to the disclosure, or that is lawfully received from a third party without restriction.

Where the law requires disclosure of confidential information, the receiving party will give notice where permitted and will limit the disclosure to what is required. These obligations survive the end of the engagement.

Confidential information is shared on a need to know basis. The receiving party restricts access to its personnel and advisers who require the information to perform the engagement and who are bound by confidentiality obligations at least as protective as those in this section.

On the request of the disclosing party, the receiving party returns or destroys confidential information in its possession, except where retention is required by law or by a professional record keeping obligation. Any retained information remains subject to these obligations.

10. Acceptable Use

You agree not to use the Website or the services to violate any law, to infringe the rights of others, to transmit harmful code, to harass any person, or to interfere with the security or integrity of any system. You agree not to misrepresent your identity or affiliation.

You agree not to copy, modify or reverse engineer any part of the Website except as permitted by law. You agree not to use automated means to access the Website in a manner that imposes an unreasonable load on the Company infrastructure.

The Company may investigate suspected misuse, may report unlawful activity to the appropriate authorities, and may suspend or terminate access where these terms are breached.

Where you submit material to the Website or to the Company, you confirm that you have the right to do so and that the material does not infringe the rights of any third party. You grant the Company permission to use that material for the purpose for which it was submitted.

The Company reserves the right to remove any material that it reasonably considers unlawful, misleading or harmful, and to cooperate with lawful requests from authorities in relation to such material.

11. Third Party Components

The services may include third party software, libraries, hosting platforms or integrations. Such components are provided under the terms of their respective owners, and the Company makes no warranty about them beyond what those owners provide.

Where a third party component changes, is discontinued, or alters its licensing, the Company will make reasonable efforts to identify an alternative or to advise the client of the impact. The Company is not liable for changes that lie outside its control.

The client is responsible for complying with the terms of any third party component that it uses directly, including any subscription, usage or licensing conditions.

12. Disclaimers

The Website and its content are provided on an as available basis. While the Company takes care to keep information accurate and current, it does not warrant that the Website will be free of errors, interruptions or harmful components.

Descriptions of services on the Website are provided for general information and do not form part of any contract unless they are repeated in a signed proposal or statement of work. Any example, illustration or case description is indicative only and does not promise a specific result for a future engagement.

The Company does not warrant that the services will be compatible with every third party tool, every hardware configuration or every operating system. Compatibility requirements are confirmed in writing before work begins so that both parties share the same expectations.

The services are provided with the skill and care described in these terms. To the fullest extent permitted by law, the Company disclaims all other warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non infringement.

Nothing on the Website constitutes professional advice for a specific situation. Clients should rely on the terms of their written engagement rather than on general website content.

13. Limitation of Liability

To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data or business interruption, however caused and under any theory of liability.

The total liability of the Company arising out of or related to an engagement is limited to the fees paid by the client to the Company for the services giving rise to the claim, during the twelve months preceding the event that gave rise to the liability.

Nothing in these terms limits liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by negligence where such liability cannot be excluded.

The parties acknowledge that the fees reflect the allocation of risk set out in this section, and that the Company would not enter into an engagement without this allocation. Each party is responsible for insuring its own risks to the extent it considers appropriate for its business.

A claim must be brought within the period permitted by applicable law. The Company is not liable for a claim that the client could reasonably have discovered earlier and that the client failed to raise within a reasonable time.

14. Indemnity

The client agrees to indemnify and hold harmless the Company against claims, losses, damages and expenses that arise from the client use of the services in breach of these terms, from the client content or data, or from the client failure to obtain necessary rights and consents.

The Company agrees to indemnify the client against claims that a bespoke deliverable, used as permitted, infringes the intellectual property rights of a third party, provided that the client promptly notifies the Company and allows the Company to control the defence.

The indemnified party must take reasonable steps to mitigate any loss and must not settle a claim in a manner that admits liability on the part of the indemnifying party without consent.

15. Termination

Either party may terminate an engagement in accordance with the notice provisions of the applicable agreement. Where no notice period is stated, either party may terminate for material breach that remains uncured thirty days after written notice.

On termination the client pays for services performed and expenses incurred up to the date of termination. The Company delivers work in progress and any materials for which the client has paid, subject to any rights of set off that the Company may have.

Provisions that by their nature should survive termination, including confidentiality, intellectual property, limitation of liability and indemnity, continue to apply after the engagement ends.

16. Governing Law

These terms are governed by the laws of the State of Utah and the applicable laws of the United States, without regard to conflict of law principles. The parties submit to the jurisdiction of the courts located in Utah for the resolution of disputes.

Before commencing formal proceedings, the parties agree to attempt in good faith to resolve any dispute through direct discussion. If discussion does not resolve the matter, the parties may agree to mediation before pursuing litigation.

If any provision of these terms is found to be unenforceable, the remaining provisions continue in full force, and the unenforceable provision is modified to the minimum extent necessary to make it enforceable.

17. Changes to These Terms

The Company may update these Terms of Service from time to time to reflect changes in its services, its practices or the law. When a material change is made the Company will update the date at the top of this page.

Continued use of the Website or the services after an update indicates acceptance of the revised terms. Clients with an active engagement are governed by the terms in force at the time their agreement was signed, unless the parties agree to adopt a newer version.

The current version of these terms is always available on this page. Earlier versions may be requested from the office.

The Company will use reasonable efforts to give advance notice of material changes to clients with active engagements, so that they can review the effect on their work. Where a client does not accept a material change, the existing signed agreement continues to govern the current engagement until it concludes.

Where a change is required by law, it takes effect on the date required by the law even if that date is earlier than the date this page is updated. The Company will describe such a change clearly at the top of this page.

18. Contact Information

Questions about these Terms of Service should be directed to CalebDMSProductions L.C. using the details below. The office is happy to clarify any provision before an engagement begins.

• Company: CalebDMSProductions L.C.
• Address: 242 E 600 N, Lindon - 84042-1662, United States (US)
• Email: support@calebdms.lat
• Phone: +12708134632

These terms, together with any signed agreement and the Privacy Policy, form the entire understanding between the parties in relation to the Website and the services.