Terms of Service for Retro Halo

Last Updated: September 28, 2025

 

 

I. General Acceptance of Terms

1. Parties to the Agreement

These Terms of Service (the "Terms") constitute a legally binding agreement between Retro Halo, ("Retro Halo," "We," "Us," or "Our") and the user ("Client," "You," or "Your") accessing our website, services, and products (collectively, the "Services").

2. Acceptance of Terms

By accessing or using any part of the Services, including commissioning artwork, purchasing goods, or browsing the website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

3. Eligibility

You represent that you are at least eighteen (18) years of age and have the legal capacity to enter into this agreement. If you are under 18, you may only use the Services with the involvement of a parent or legal guardian.

II. Services, Commissions, and Products

4. Scope of Services

Retro Halo specializes in high-end, strategic visual art and design, including but not limited to: a. Art Commissions: Bespoke artwork created based on Client specifications. b. Finished Goods: Ready-made products, prints, and merchandise (collectively, "Products"). c. Consultation Services: Expert advice on visual branding and aesthetics.

5. Commission Agreement Process

a. Project Brief & Quote: All custom work begins with a detailed project brief provided by the Client. Retro Halo will provide a non-binding cost estimate or fixed quote, including scope, deadlines, and payment schedule. b. Acceptance: The quote or estimate becomes binding only upon the Client's written acceptance and the required non-refundable Retainer Fee (as defined in Section V) is paid. c. Revisions: The number of included revisions will be specified in the project quote. Any revisions requested beyond the specified limit will be subject to additional fees billed at our standard hourly rate. d. Cancellation by Client: If the Client cancels a commission after work has begun, Retro Halo retains the non-refundable Retainer Fee. The Client must also compensate Retro Halo for any work completed beyond the scope covered by the Retainer Fee, calculated at the agreed-upon hourly rate.

III. Intellectual Property Rights (IP)

6. Ownership of Retro Halo IP

All content on the Retro Halo website, including all original artwork, designs, text, graphics, logos, product concepts, and the unique combination of the seven visual disciplines (Art Deco, Cyberpunk, etc.), are the exclusive property of Retro Halo and are protected by copyright, trademark, and other intellectual property laws.

7. Commissioned Work IP Ownership

a. Ownership Transfer: Unless explicitly stated otherwise in the final written commission contract (Statement of Work or "SOW"), Retro Halo retains the full and exclusive copyright to all commissioned artwork created under these Terms. b. Client Usage License: Retro Halo grants the Client a non-exclusive, non-transferable, perpetual license to use the final commissioned work solely for the purpose agreed upon in the SOW (e.g., promotional use, personal use, internal business use). c. Creator Rights: Retro Halo reserves the right to use any commissioned artwork, including preliminary designs and final pieces, for its own promotional purposes, portfolio, exhibitions, and marketing without the Client's further permission or compensation, unless explicitly restricted by a prior, signed Non-Disclosure Agreement (NDA).

8. User-Submitted Content

By submitting any content (ideas, suggestions, text, images, etc.) to Retro Halo, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, modify, reproduce, and distribute that content for any purpose. You represent that you own or have the necessary rights to the content you submit.

IV. User Obligations and Prohibited Conduct

9. Accurate Information

You agree to provide accurate, current, and complete information required to fulfill any commission or transaction.

10. Prohibited Uses

You may not use the Services: a. For any unlawful purpose or in violation of any international, federal, state, or local laws. b. To infringe upon or violate our intellectual property rights or the intellectual property rights of others. c. To harass, abuse, insult, or defame others. d. To transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services. e. To collect or track the personal information of others. f. To submit false or misleading information regarding a commission brief.

V. Payment, Fees, and Refund Policy

11. Pricing and Billing

All pricing is subject to change without prior notice, but any change will not affect commissions already accepted and paid for via the Retainer Fee.

12. Retainer Fee (Non-Refundable Deposit)

All custom commission work requires a non-refundable Retainer Fee, typically 50% of the total estimated cost, due upon acceptance of the project quote. This fee secures the artist's time and resources and is credited toward the total project cost.

13. Final Payment and Delivery

Final artwork files or products will not be delivered until 100% of the final invoice balance has been paid in full. Retro Halo retains all rights (including the right to refuse transfer of license) until final payment is received.

14. Refunds for Products

Refunds for physical Products are offered only in the event of manufacturing defects or damage during shipping, provided the Client notifies Retro Halo within seven (7) days of delivery. Custom commissions are generally non-refundable once the work has progressed past the initial concept phase.

VI. Disclaimers and Limitation of Liability

15. Warranties Disclaimer

The Services and all Products are provided "as is" and "as available," without any warranty of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Retro Halo does not guarantee that the Services will be uninterrupted, error-free, or secure.

16. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Retro Halo, its directors, employees, or agents be liable for any indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of, or inability to use, the Services, including but not limited to loss of profits, data, or goodwill, even if Retro Halo has been advised of the possibility of such damages. Retro Halo’s total liability to the Client for any claim arising out of these Terms shall not exceed the total fees paid by the Client to Retro Halo for the specific commission or product in question.

17. Indemnification

You agree to indemnify, defend, and hold harmless Retro Halo from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your use of the Services, or your violation of any law or the rights of a third party.

VII. Governing Law and Dispute Resolution

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State/Country], without regard to its conflict of law principles.

19. Mandatory Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be settled by binding arbitration in Ohio/USA before one arbitrator. The arbitration shall be administered pursuant to the commercial arbitration rules of [Name of Arbitration Association, e.g., the American Arbitration Association (AAA)]. The judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

VIII. Miscellaneous

20. Changes to Terms

Retro Halo reserves the right to update, change, or replace any part of these Terms at any time. The most current version will be posted on the website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

21. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

22. Entire Agreement

These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements.

23. Contact Information

Questions about the Terms of Service should be sent to us at: contact.info@retrohalo.com