These Terms & Conditions apply to assignments between Cocolors AS (“Cocolors”) and the customer (“Customer”), together with the individual assignment agreement (“Assignment Agreement”).
The Assignment Agreement specifies the agreed services, fees, deliverables, technical requirements and schedule. If the documents conflict, the Assignment Agreement takes precedence.
Any standard terms supplied by the Customer apply only if Cocolors expressly accepts them in writing.
Cocolors will endeavour to adhere to the costs stated in its quotations. However, additional costs may apply if the Customer changes the agreed scope of work or due to circumstances outside Cocolors’ control.
Unless otherwise agreed, prices are in NOK and exclude VAT.
The Customer is responsible for supplying all footage, audio, project information, references, instructions and other materials required for the assignment, in the agreed formats and by the agreed deadlines.
The Customer must ensure that it has the necessary rights, licences and permissions for all materials supplied to Cocolors.
The Customer must notify Cocolors promptly of any expected delays or changes that may affect the assignment.
If materials are missing, unsuitable or delivered late, the delivery schedule may be adjusted accordingly.
The Customer is responsible for reviewing and approving the final production, including its content, technical specifications and required clearances.
Cocolors will perform the agreed services professionally and in accordance with the Assignment Agreement.
Delivery dates are estimates unless expressly agreed otherwise in writing. Cocolors will make reasonable efforts to meet agreed schedules but is not responsible for delays caused by the Customer, third parties or circumstances outside Cocolors’ reasonable control.
The Customer must review delivered material and notify Cocolors in writing of any specific defects within seven working days of delivery. If the Customer does not respond within this period, the delivery may be treated as accepted, subject to applicable law and any rights relating to defects that could not reasonably have been discovered during that period.
Corrections required to bring a delivery into conformity with the agreed specifications will be handled in accordance with the Assignment Agreement and applicable law. Creative revisions, changes to the brief and work outside the agreed scope may incur additional charges.
Unless expressly included in the Assignment Agreement, conforming, mastering, versioning, subtitling and other online or post-production work are not included in a grading fee.
Cocolors may subcontract parts of an assignment where necessary. Any third-party services or subcontracted work not expressly included in the agreed quotation will be charged separately to the Customer. Where reasonably possible, such costs will be communicated to the Customer in advance.
Each party retains ownership of its intellectual property existing before the assignment.
Cocolors retains all rights to its creative and technical processes, grading workflows, Baselight setups, proprietary LUTs, tools, software configurations, know-how, working methods and other materials developed or used in performing the assignment (“Cocolors Materials”).
Unless expressly agreed otherwise in writing, Cocolors is not required to supply project files, working files, proprietary LUTs, grading setups or other materials forming part of its workflow.
Once all amounts due have been paid, the Customer receives the rights necessary to use the agreed final deliverables as part of the production for the purposes specified in the Assignment Agreement.
The Customer may transfer or license those usage rights to distributors, broadcasters, platforms and other parties involved in exploiting the production, to the extent necessary for the agreed use.
Any special rights, restrictions, exclusivity, duration, territories or additional uses must be agreed in writing.
Each party is responsible for ensuring that materials it supplies do not infringe third-party rights. Third-party licences and clearances must be agreed separately where necessary.
Each party must keep the other party’s confidential information secure and must not disclose it to unauthorised third parties, except where disclosure is necessary to perform the assignment, has been authorised or is required by law.
Confidential information includes quotes, bids, unreleased productions, footage, client materials, business information and Cocolors’ confidential workflows and processes.
These obligations continue after the assignment ends. They do not apply to information that becomes public through no breach of the agreement or that must be disclosed by law.
Unless otherwise agreed in writing, invoices are payable within 14 calendar days of the invoice date.
Overdue amounts may accrue statutory late-payment interest in accordance with Norwegian law.
Cocolors may withhold final masters and other deliverables until outstanding invoices have been paid, to the extent permitted by applicable law.
Cocolors may pursue collection and, where permitted, suspend work or terminate the assignment in accordance with applicable law and the agreement.
Customer-approved expenses and third-party costs incurred for the assignment may be charged separately.
Cancellations and rescheduling must be communicated in writing.
If the Customer cancels an assignment, the Customer remains responsible for work already performed and costs or commitments incurred for the assignment.
For reserved project time cancelled by the Customer:
- More than 48 hours before the scheduled start: no short-notice cancellation fee.
- Between 24 and 48 hours before the scheduled start: 50% of the agreed fee for the cancelled booking.
- Less than 24 hours before the scheduled start: 100% of the agreed fee for the cancelled booking.
Cancellation charges are not cumulative. Payments for work already performed and other costs must be accounted for to avoid charging twice for the same work.
The Customer is responsible for maintaining backup copies of its materials before providing them to Cocolors.
Cocolors will take reasonable care of customer materials while in its possession but does not undertake to provide permanent storage or archival services unless agreed in writing.
The Customer must arrange collection or return of physical materials, including drives, within a reasonable period after completion of the assignment.
Cocolors may charge reasonable storage, handling and shipping costs for materials not collected or returned as agreed.
Before disposing of or permanently deleting customer materials, Cocolors will provide reasonable written notice and an opportunity to arrange collection or transfer, subject to applicable law and any separate storage agreement.
Dedicated backup, LTO archiving and long-term storage services must be agreed separately in writing.
Cocolors may work for other customers, including competitors of the Customer and competing productions, provided it complies with its confidentiality obligations.
Once a production has been made public, Cocolors may refer to the project in its portfolio and marketing, subject to confidentiality obligations and any necessary prior written consent for use of the Customer’s name, logo or protected materials.
Neither party may use the other party’s name or logo in marketing materials without prior written consent.
The Customer is responsible for insuring its own property and production materials against loss or damage, and for maintaining backup copies of all materials supplied to Cocolors.
The Customer is responsible for ensuring that it has all necessary rights, licences and clearances for materials it supplies. The Customer shall be responsible for claims arising from its failure to obtain such rights or from materials or instructions supplied by the Customer, to the extent permitted by applicable law.
Each party is responsible for losses for which it is liable under applicable law. To the extent permitted by applicable law, neither party is liable for indirect or consequential losses, including loss of profit or business interruption.
To the extent permitted by applicable law, Cocolors' total liability arising from an assignment shall not exceed the fees paid or payable to Cocolors for that assignment. This limitation does not apply where liability cannot lawfully be limited.
If either party materially breaches the agreement, the other party may give written notice requiring the breach to be remedied within 14 days, where the breach can reasonably be remedied. If the breach is not remedied within that period, the non-breaching party may terminate the affected assignment, subject to applicable law.
Neither party is responsible for delay or failure caused by circumstances beyond its reasonable control that it could not reasonably have foreseen or overcome. The affected party must notify the other as soon as reasonably practicable and take reasonable steps to limit the effects.
If such circumstances prevent the assignment from continuing for an extended period, either party may terminate the affected assignment by written notice. The Customer remains responsible for work completed and authorised costs incurred up to termination.
These Terms & Conditions and the Assignment Agreement are governed by Norwegian law.
The parties will first attempt to resolve disputes through good-faith discussions. If a dispute cannot be resolved, it may be brought before the ordinary courts, with Oslo as the agreed venue, subject to applicable mandatory rules.