Terms of Service

1. General terms of service

By using the services of BSTR Luova Konttori Oy (“BSTR”), the customer shall accept the terms of service. The terms of service shall be valid as of 1 July 2018. BSTR shall reserve the right to change the terms of service. In order to be valid, all changes and amendments to the agreement and terms must be agreed upon in writing. The parties shall not be entitled to transfer the agreement or any part thereof without the counterparty’s written consent.

2. Commission agreement

The offer shall be valid for a period of four (4) weeks from the date of the offer. The customer shall commission BSTR by accepting the offer orally or in writing or via telephone or email. The parties shall be considered to have entered into contractual relation on the date on which BSTR receives the commission.

3. Obligations and responsibilities

BSTR shall undertake to comply with the customer’s instructions and orders and to operate in the customer’s interests when performing the commission. BSTR shall be responsible for the work and operations assigned to it as agreed.

The customer shall be responsible for providing BSTR with sufficient, essential and correct information for performing the commission. The customer shall be responsible for the information it provides for BSTR and for the information’s sufficiency for performing the work.

BSTR and the customer shall undertake to comply with the effective legislation and good commercial practice as well as the International Chamber of Commerce’s advertising-related rules and regulations that have been adopted in Finland.

4. Performing the commission

The commission shall be performed carefully, using competent personnel and within the agreed time frame. The production schedule shall be agreed in connection with the start of the commission. The commission shall be considered performed when it has been finished as agreed in the commission agreement or when the customer has received and approved it.

BSTR may use subcontractors for performing the commission. In that case, BSTR shall be responsible for the quality of the subcontractors’ work similarly as it is responsible for its own work. BSTR shall not be responsible for the subcontractor’s mistakes concerning delivery, transport or any third parties used by the subcontractor.

The price includes two (2) proofings. If more proofings are required or if the customer wishes to make changes to the commission while it is being performed, the additional work shall be charged as per BSTR’s price list.

In case of a reclamation, the customer must report to BSTR the defect concerning the performance of the commission immediately upon noticing the issue, but no later than within fourteen (14) days from the moment of finishing the commission. The commission shall be considered to be definitively finished if the customer does not file a written notice within the aforementioned period of fourteen (14) days.

Both parties shall be responsible for any direct damage they cause to the counterparty by violating the agreement or the terms and conditions. Neither party shall be responsible for any consequential or indirect damage caused to the counterparty. BSTR’s risk in all cases shall be limited to the amount charged from the customer in connection with each relevant project/work. Neither party shall be responsible for any delays or damages that are caused by an external obstacle that the parties cannot be reasonably expected to have considered at the time of the conclusion of the agreement and the consequences of which the parties could not have reasonably been able to avoid.

5. Interrupting a commission

BSTR or the customer may interrupt or cancel a binding commission only for an important and reasonable cause. A cause shall be considered reasonable if the counterparty essentially violates the agreement and has not rectified the violation regardless of a written request and within 30 days of the request, or if the counterparty has gone into bankruptcy or liquidation, or there is a clearly demonstrable threat of insolvency. The notice concerning the interruption of the commission must be given to the counterparty immediately upon noticing the issue.

BSTR shall also immediately inform the subcontractors, advertising operators and other third parties involved in the project about the interruption or cancellation and do its best to minimise the damages caused by the interruption or cancellation.

The customer shall compensate for the costs incurred by the date on which the withdrawal becomes effective as per the agreed pricing. Furthermore, the customer shall compensate for any direct costs caused by the interruption or cancellation, the costs caused by the use of subcontractors and the costs caused by the subcontractors’ work that have incurred by the date on which the withdrawal becomes effective.

6. Pricing and invoicing

Depending on the commission, BSTR shall charge by the hour or agree a fixed price for the project. The indicated prices are exclusive of value added tax. The pricing is updated annually.

All orders not included in the offer shall be considered additional work. Additional work shall be charged by the hour on BSTR’s hourly rate of EUR 100/h.

50% of the work’s price shall be charged when the work is commenced; the remaining 50% and any additional costs shall be charged when the work is finished, but no later than four (4) months after the date on which the work was started. Work charged by the hour shall be charged at the end of the month. Invoice specification is commission-specific and shall be prepared in accordance with the agreed precision.

If the subcontracting work or products are charged by BSTR, 10% shall be added to the subcontracting costs.

7. Terms of payment

The payment shall be made within 14 days of the date of the invoice. If the work is delayed because of a reason attributable to the customer, BSTR may charge the already finished part of the order separately.

If the invoice is not paid within the prescribed time, BSTR shall have the right to charge interest as per the Finnish Interest Act as of the due date. In addition to the interest on overdue payment, BSTR shall be entitled to charge for reasonable collection charges.

8. Other possible costs

Other possible costs caused to the customer by the commission include, for example, retrieving and purchasing images from image banks, the images’ usage fees, image manipulation and other special visual works, costs for using special fonts, translations, pressing, media space and advertising costs as well as travel expenses.

9. Copyrights and other intellectual property rights

The right of property for all material approved and utilised by the customer shall be transferred to the customer immediately upon payment of BSTR’s invoices concerning the relevant commission. The right of property shall concern the finished material (not the working files).

BSTR shall have the exclusive right to use in its operation and for services offered to other customers such ideas, models, concepts and drafts developed in connection with the service as well as such material protected by copyright and copyright of design that are not connected to the material put into use by the customer. Furthermore, it shall be required that this utilisation may not violate any rights that have been transferred to the customer and pertain to the finalised material put into use by the customer, or any rights still held by the customer that pertain to material delivered by the customer to BSTR for performing the commission.

10. Disputes and settlement of disputes

This commission agreement shall be governed under Finnish law. Any disputes concerning this agreement and collaboration shall primarily be settled through negotiation.

If a settlement cannot be found through negotiation, disputes arising from this agreement shall be definitively settled through arbitration with one (1) arbitrator and in compliance with the rules and regulations of the arbitration board of the Finland Chamber of Commerce.

11. References and retention of material

BSTR shall use the works made for the customer as its references unless otherwise agreed.

The customer shall, for their part, be responsible for making backups of the material delivered to BSTR.

12. Confidentiality

Each party shall undertake to keep confidential all confidential material and information it receives from the counterparty in connection with this offer or the contractual relation and which relate to the business or trade secrets of the counterparty. The obligation of confidentiality shall remain in effect even after the validity of this offer.

Ota yhteyttä

Lähdetään yhdessä matkalle kohti kasvua. Mitä innostavampi matka, sitä vaikuttavampi määränpää.

Mari Dawe

Myyntipäällikkö

050 441 3209
mari.dawe@bstr.fi

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