When you purchase a service from Details by Jessica Oy you are agreeing to following terms:
Purpose
These general terms and conditions apply to all Services provided by Details by Jessica Oy such as but not limited to video, photography, media productions, the transfer of rights to use image and sale of any other Services offered by Details by Jessica Oy. Information and Services sold in Details by Jessica Oy webpage are only available, and these Terms and Conditions only apply to Finland. We provide service in English, Finnish and Swedish.
Definitions
Service means all services provided by Details by Jessica Oy such as but not limited to video, photographic, media productions or other services provided by the Supplier or any combination of such.
Agreement means a written agreement between the Supplier and the Customer or an offer approved by the Customer and prepared by the Supplier or a Service purchased from an online store.
Customer means a company, entity or other legal entity that purchases a separately negotiable Agreement license or intellectual property right to a video, photographic or media productions or any other intellectual property provided by the Supplier or any other Services provided by the Supplier.
Supplier means Details by Jessica Oy.
End product means the photos, electronic video, media files or other intellectual property in any form created after the production, which have been ordered by the Customer and which have been completed by the Supplier.
Production means the Supplier’s activities to perform, produce and deliver the Service and the End product ordered by the Customer. Production may include, but not limited to, design, contracts required by the services with third parties, such as subcontractors, post-processing, rental of photographic studios or equipment, and other Production arrangements.
Obligations of the Supplier
The Supplier produces the Services and End products with high quality, planning and care, which can be expected from a professional service provider. The Supplier is responsible for ensuring that Production is carried out according to the agreed plan. The Supplier is obliged to correct technical errors in the End products at no additional cost to the Customer. The Supplier has an obligation to notify any delays or other problems and changes related to the End products or Production as soon as the Supplier is aware of them.
Obligations of the Customer
The Customer is obliged to contribute to the successful creation of the End products during the Production by submitting the necessary scope such as but not limited to electronic files and / or materials to the extent specified in the Agreement or in the negotiations or planning. The Customer is responsible for the intellectual property and other rights to these materials in the intended use of the End product. Unless the Customer delivers the files / materials for which the Customer is responsible, the Supplier has the right to obtain or purchase necessary files / materials in order to successfully produce the End products and in such case invoice the additional cost from the Customer. If the files / materials delivered by the Customer are delivered after the agreed time limit, the Supplier has the right to postpone the start of Production and the delivery of the End product. The Customer is required to report any changes, delays or other obstacles to the plan or Production immediately when the Customer is aware of any such.
End product
The Suppliers previous work can be viewed in portfolio on Details by Jessica Oy’s website and on social media services, where the Customer has the opportunity to get familiar with the supplier’s Service and style of work. The Supplier does not guarantee that the End products are similar to the older outputs, but that the End products will in general meet quality standards as with the examples in the web page. The Supplier has the right to decide on the visual and aesthetic style of the End products.
All End products are edited, which means that the End products are checked for exposure, white balance, contrast and cropping. Extensive and/or additional editing is subject to addition in price and agreed separately.
The choice of End products to be delivered is at the discretion of the Supplier. The Customer does not have the right to see all the finished products if, in the Supplier’s view, they are not good enough technically or aesthetically. The finished photos can be found in the digital Pixieset gallery, where the Customer receives a separate login information. For products other than photographs, delivery will be agreed separately.
The Supplier is obliged to take care of the backup of the End products. The backup obligation expires 6 months after the assignment and the Supplier has no obligation to store the End products thereafter.
Changes
If the Customer does not complain in writing within 14 days of the delivery of the material or the Customer has accepted the End products for publication on for example but not limited to social media or on a website, the order shall be deemed accepted, whichever comes first.
Delivery
If the Customer does not complain in writing within 14 days of the delivery of the material or the subscriber has accepted the final products for publication on social media or on a website, for example, the order shall be deemed accepted, whichever comes first.
Changes to the final product
The Supplier is obliged to make modifications and modifications to the End product in the amount agreed in the plan. For changes or modifications not planned or agreed in the contract, the Supplier shall invoice for additional work in accordance with the valid price list after the Customer’s approval. Only the Supplier has the exclusive right to modify the End products unless specifically stated in the agreement or plan.
Pricing & payment terms
Purchasing of Services or End products through Details by Jessica Oy online store requires that the customer is 18 years old and provide valid payment information as required by the online store. Details by Jessica Oy reserves the right to terminate a Customers order for any and all purchases when payment cannot be processed and Customer does not provide an alternative payment method after Details by Jessica Oy’s written request.
When purchasing customized Services, the Supplier has the right to invoice in advance a separately agreed reasonable booking fee, which will be deducted in the final invoice. The Supplier is not obliged to refund the booking fee in the event that the Customer changes or cancels the Production less than 14 days before the agreed time, but the booking fee will be deducted from the final invoice. The Supplier may also invoice the final invoice as Production progresses, unless otherwise agreed. The final invoice also includes any additional Services ordered by the Customer. Payment Terms for invoiced Services is 14 days unless otherwise agreed. In the tenders, cost estimates and contracts the prices are VAT-free and the current VAT is added to them. In the webshop, the prices shown are including VAT. The rights to use and publish the End products begin when the Supplier has received full payment unless otherwise agreed. The Supplier invoices travel and accommodation costs as well as daily allowances, if any, from the Customer in accordance with the agreement.
Permissions
Ownership and intellectual property rights in the material created during Production come and remain in full with the Supplier, in which case the Customer receives the usage and use rights in accordance with the agreement for the End product publishing rights. The Customer has the right to use the End products in all its activities unless otherwise agreed. The Customer has no right to sell or transfer the End products to a third party or to use the End products without the written consent of the Supplier.
Production delays or cancellations or force majeure
If the Production is significantly delayed or canceled due to the Supplier, the Customer has the right to demand a refund of the booking fee. Compensation amount may not exceed the amount of the purchase contract. If the Customer has to suspend Production for a reason beyond the Supplier’s control, the Supplier has the right to invoice the work performed so far and Production costs. If the continuation or commencement of Production has to be suspended due to an unforeseeable Force Majeure not controlled by the Supplier, the Supplier has the right to suspend this without incurring liability for Production delays. In the event of a Force Majeure, parties will notify each other without undue delay to agree on the changes. If Production is completely suspended, the Supplier has the right to invoice the Customer for the work performed and costs incurred up to that date.
Responsibilities
The Supplier shall be liable for immediate damage to property and personal injury caused by the Supplier through its negligence. However, the liability for damages may not exceed the full price of Services. The parties are not liable for any consequential damages to each other, such as but not limited to loss of profit unless the damage was committed intentionally or through gross negligence.
Confidentiality
The parties undertake to keep confidential the information and materials received from each other, which are marked confidential or which may be understood as such. Confidential information or materials may not be used for non-contractual purposes. The Supplier has the right to use and publish the End products and materials created during Production as references to their own work, unless otherwise agree.
Approval and modification of production
The Production agreement is deemed to have been entered into when the Customer accepts what the Supplier has offered in writing or by email to the Supplier, or once payment is done in webshop. If Production is started before written acceptance of the offer, such as a verbal or other acceptance of the offer or cost estimate and / or plan with such arrangement shall be deemed to form the agreement. Necessary changes to the plan or Production will be agreed upon either in writing or by email, with clear agreement from both parties.
Governing Law
These Terms and Conditions and the Services are governed by the law of Finland. Details by Jessica Oy reserves the right to modify these Terms and Conditions from time to time.
Contact information
Details by Jessica Oy, business identity code 3156221-7, Virtaviiva 8 F, 65320 Vaasa, +358 50 5557036, info@detailsbyjessica.fi