Welcome to ModLux Media (“Company,” “we,” “us”). By accessing or using our website, services, or engaging with us in any capacity, you agree to be bound by the following Terms & Conditions (“Terms”). If you do not agree to these Terms, please do not use our website or services.
Use of Website
You may use our website for lawful purposes only. You agree not to use the website in any way that violates applicable laws or regulations, infringes on the rights of others, or interferes with the operation of the website.
We reserve the right to modify, suspend, or discontinue any part of the website at any time without notice.
Services
ModLux Media provides creative, marketing, media production, photography, videography, branding, and related professional services.
All services are subject to availability and may require a separate written agreement, proposal, or contract outlining scope, timelines, deliverables, and fees. In the event of a conflict between these Terms and a signed agreement, the signed agreement shall control.
Client Responsibilities
Clients agree to:
- Provide accurate, complete, and timely information required for services
- Respond promptly to requests for approvals, feedback, and materials
- Ensure they have the legal right to use and provide any content, logos, music, images, or materials supplied to ModLux Media
Delays caused by lack of client response or materials may impact timelines and are not the responsibility of ModLux Media.
Payments & Fees
Fees, payment schedules, and billing terms will be outlined in a separate agreement or invoice.
Unless otherwise stated:
- Payments are due upon receipt
- Late payments may result in suspension of services
- Deposits and retainers are non-refundable unless otherwise specified in writing
ModLux Media reserves the right to charge late fees or collection costs as permitted by law.
Intellectual Property
Unless otherwise agreed in writing:
- ModLux Media retains ownership of all original concepts, drafts, working files, and creative materials until full payment is received
- Upon full payment, clients are granted a non-exclusive, non-transferable license to use final deliverables for their intended purpose
ModLux Media retains the right to display completed work for portfolio, marketing, and promotional purposes unless otherwise agreed in writing.
Revisions & Approvals
Projects typically include a limited number of revisions, as outlined in the project agreement.
Additional revisions beyond the agreed scope may incur additional fees. Client approval signifies acceptance of deliverables, and ModLux Media is not responsible for errors not reported prior to approval.
Cancellations & Termination
Either party may terminate services in accordance with the terms of any applicable written agreement.
In the absence of a specific agreement:
- Work completed prior to termination remains billable
- Deposits and retainers are non-refundable
- ModLux Media is not responsible for unfinished deliverables after termination
SMS / Messaging Terms of Service
By opting into SMS communications from ModLux Media through a web form, contract, email, or other medium, you consent to receive text messages from ModLux Media.
Types of Messages – Messages may include, but are not limited to:
- Appointment reminders
- Project updates or status notifications
- Account-related notifications
- Order or service alerts
- Customer service communications
Message Frequency – Messaging frequency may vary based on your engagement and services.
Fees – Message and data rates may apply depending on your mobile carrier and plan.
Opt-Out Instructions – You may opt out of SMS communications at any time by replying STOP to any message.
Limitation of Liability
To the fullest extent permitted by law, ModLux Media shall not be liable for any indirect, incidental, consequential, or special damages arising from the use of our website or services.
Our total liability for any claim shall not exceed the amount paid by the client for the services giving rise to the claim.
No Guarantees
While ModLux Media strives to provide high-quality services and results, we do not guarantee specific outcomes, financial results, marketing performance, or business success.
Indemnification
You agree to indemnify and hold harmless ModLux Media, its owners, employees, contractors, and affiliates from any claims, damages, losses, or expenses arising from:
- Your use of our services
- Materials you provide
- Violation of these Terms
- Infringement of third-party rights
Third-Party Services & Links
Our website may include links to third-party websites or services. ModLux Media is not responsible for the content, availability, or practices of those third parties.
Confidentiality
Any confidential information shared between ModLux Media and the client shall be kept confidential unless disclosure is required by law or permitted by written agreement.
Governing Law
These Terms & Conditions shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to conflict of law principles.
Changes to These Terms
We reserve the right to update or modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of the website or services constitutes acceptance of the revised Terms.
Contact Information
If you have questions regarding these Terms & Conditions, please contact us at:
ModLux Media
info@modlux.media
(817) 704-3670