Terms of Service

1. Our Services

DCA Works creates custom multimedia productions and related creative services, including tribute, memorial, celebration, milestone, and family legacy productions; media restoration; music and custom audio; private galleries; and digital delivery. Each project is individually produced, and results depend in part on the quality and completeness of submitted materials.

2. Project Acceptance and Scheduling

A requested date is not reserved until DCA Works accepts the project and receives any required deposit. Unless confirmed otherwise in writing, the production timeline begins only after we receive:

• the required deposit;
• the completed project questionnaire; and
• the materials reasonably required to begin production.

Clients should begin at least 60 days before the desired date whenever practical. Required materials should ordinarily be submitted within 10 days after the deposit or by the working-timeline deadline. Late, incomplete, replaced, or substantially revised materials may pause production and extend delivery. DCA Works will make reasonable efforts to meet an accepted date but cannot guarantee dates affected by client delays, additional revisions, technical problems, licensing restrictions, or circumstances beyond our reasonable control.

3. Client Responsibilities

The client agrees to provide accurate information, submit usable media on time, confirm important names and dates, obtain necessary permissions, review proofs within the requested period, and respond promptly when clarification or approval is needed. DCA Works is not responsible for errors in information the client supplied or approved.

4. Submitted Materials and Permissions

The client represents that they own or have sufficient permission to submit all photographs, videos, music, documents, recordings, names, likenesses, and other project content. The client grants DCA Works a limited license to copy, edit, combine, store, process, and deliver those materials as reasonably necessary to perform the services, administer the project, maintain appropriate records, and comply with law.

The client is responsible for claims arising from materials supplied without sufficient permission and agrees, to the extent permitted by law, to reimburse and protect DCA Works from reasonable resulting losses, liabilities, and expenses.

5. Copyright and Intellectual Property

Clients retain ownership of their original submitted materials. DCA Works retains ownership of its pre-existing and independently developed techniques, templates, workflows, software, designs, graphics, know-how, and production methods.

After full payment, the client receives a non-exclusive, non-transferable license to use the finished production for personal and private-event purposes. Unless agreed otherwise in writing, it may not be resold, commercially reproduced, redistributed, licensed, materially modified, or used in paid advertising. No ownership of third-party music, fonts, stock assets, or other licensed material is transferred.

6. Music and Third-Party Content

A request for particular music or third-party content does not guarantee it can legally or practically be included. Purchasing a recording or subscribing to a streaming service does not necessarily authorize use in a video.

DCA Works may request evidence of authorization, decline requested material, substitute licensed or original material, limit delivery or distribution, or remove material creating a legal, technical, or platform restriction. The client remains responsible for claims arising from content supplied without sufficient authorization.

7. Deposits and Payments

Unless stated otherwise in writing, a 50% deposit is required to reserve production capacity and begin the project. The remaining balance is due when the project reaches final customer review and before final, unwatermarked, or downloadable deliverables are released.

The deposit is non-refundable once DCA Works has reserved capacity or begun project preparation or production, except where required by law or where DCA Works cancels without offering a reasonable alternative. Failure to pay may pause production, delay delivery, suspend access, or prevent release of final deliverables.

8. Cancellation and Refunds

A client may cancel by notifying DCA Works in writing. If the client paid more than the deposit, any refund from the additional amount will be calculated after deducting:

• the value of work completed;
• non-cancellable third-party expenses;
• licensed materials or custom services already purchased; and
• payment-processing fees not returned to DCA Works.

DCA Works will provide a written explanation of the calculation. No refund is available after final approval or delivery, except where required by law or for a material failure by DCA Works to provide the agreed services. If DCA Works cancels and cannot offer a reasonable alternative, amounts paid for services not provided will be refunded.

9. Changes and Revisions

Included revision rounds are stated in the purchased package or proposal. An included revision adjusts the existing production without materially changing its approved direction. Replacing substantial content, changing the approved creative direction, requesting extra runtime or deliverables, submitting changes after final approval, or requesting work beyond the package may require additional fees or a revised delivery date. DCA Works will obtain approval before performing material additional work requiring an additional fee.

10. Review and Final Approval

The client must review each proof for names, dates, captions, media selection, sequence, and requested details. Unless another period is stated, the client should respond within five business days. If the client does not respond, DCA Works may pause the project and revise delivery; silence alone is not final approval.

Final approval authorizes completion and delivery. Later corrections may be additional work unless they address a material failure to follow approved requirements.

11. Delivery, Gallery Access, and Retention

Projects may be delivered through a private gallery, secure download, digital transfer, USB drive, streaming platform, or another agreed method. Final downloadable or unwatermarked deliverables are released after required payments clear.

Gallery and download availability will be shown in project documentation or the delivery notice. Online access is temporary unless extended hosting is agreed in writing and is not a permanent backup service. The client must download, verify, and securely store final files before expiration. DCA Works may remove gallery content and delete project files after the applicable period, subject to its Privacy Policy, backup practices, dispute-preservation needs, and legal obligations. Recovery after deletion or expiration is not guaranteed.

12. Privacy and Security

DCA Works handles personal information under its Privacy Policy and does not sell customer personal information. Clients should use designated secure upload and payment methods and should not send card details, passwords, or unnecessary sensitive information by ordinary email or text.

Deletion requests will be handled under applicable law and the Privacy Policy. Limited information may be retained for payment, tax, accounting, security, fraud prevention, dispute resolution, backup integrity, or other legal obligations.

13. Portfolio and Promotional Use

DCA Works will not publicly display a completed project, personal media, or identifiable excerpts for advertising or portfolio purposes without the client’s specific permission, except where required by law. Permission is optional and may be limited or withdrawn for future use. Withdrawal does not require recall of materials lawfully used before withdrawal.

14. Creative Judgment and Disclaimer

Creative services involve professional judgment and subjective preferences. DCA Works will perform the agreed services with reasonable care and in substantial accordance with accepted project documents but does not guarantee every creative choice will match every viewer’s preference.

Except for express written commitments and warranties that cannot legally be excluded, services and deliverables are provided without additional express or implied warranties.

15. Limitation of Liability

To the maximum extent permitted by law, DCA Works is not liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost opportunities, emotional distress, or loss of data. DCA Works’ total liability arising from an affected project will not exceed the amount the client actually paid for that project. These limits do not apply where liability cannot legally be limited or excluded.

16. Force Majeure

DCA Works is not responsible for delay or failure caused by circumstances beyond reasonable control, including severe weather, illness or emergency, power or internet outages, government actions, labor disruption, equipment failure, cyber incidents, or supplier or platform outages. We will make reasonable efforts to notify the client and resume or reasonably reschedule affected work.

17. Communications

DCA Works may contact the client by email, telephone, or text when reasonably necessary to respond to an inquiry, administer a project, process payments, provide security notices, or deliver services. Project-related communications are separate from promotional marketing. A client may opt out of marketing at any time without preventing communications reasonably necessary for an active project.

18. Governing Law and Disputes

These Terms and each project agreement are governed by Delaware law. Before filing a legal claim, the client and DCA Works agree to make a good-faith effort to resolve it through written notice and reasonable discussion. Unless applicable law requires otherwise, legal proceedings must be brought in a state or federal court with jurisdiction in Delaware. Either party may use small claims court when eligible or seek urgent relief to protect intellectual property, confidential information, or personal data.

19. General Terms

These Terms and the accepted project documents form the entire agreement concerning the project. If documents conflict, the more specific project document controls; a later written document controls over an earlier one to the extent of a direct conflict.

If a provision is unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver. The client may not transfer the agreement without written permission. DCA Works may use qualified service providers or subcontractors while remaining responsible for its obligations.

Payment, permissions, ownership, licenses, indemnification, privacy, disclaimers, liability, and dispute provisions survive completion or termination.

20. Changes to These Terms

DCA Works may update these Terms from time to time. Updated Terms will be posted with a revised effective date. Unless required by law or affirmatively accepted by the client, an update will not materially change the agreed payment, cancellation, ownership, or delivery terms of a project already accepted.

21. Contact Information