Creative Services Terms of Service
The following terms and conditions (the “Agreement”) govern all use of Almirio’s creative services, such as (but not limited to), adjusting files, color matching existing print files, creating print-ready files, creating new graphics, redesigning existing logos, performing photo or video shoots and processing the resulting visual files, as well as doing other artistic work (the “Service”) offered on the Almirio.com website (the “Site”). The outcome of the Service is a video, design, or photo material in a digital file format (the “File”). The Service is maintained, operated and owned by santal.at s.r.o. (“Almirio” or “our”).
The Service is offered subject to your (the “User” or “you”) acceptance without modification of all of the terms and conditions checked here. We also have procedures and policies including, without limitation, our Terms of Service, Return Policy, Privacy Policy and others accessible at https://www.almirio.com/policies. Those policies contain further terms and conditions, which apply to the Services and are a part of this Agreement. Your use of the site constitutes your acceptance to by bound by this agreement. If you don’t comply with this Agreement, don’t use the Service.
1. General provisions of the Service
1.1. Almirio and the User settle on contributing and using the Service according to the terms and provisions established on the interests and specifications of each User independently. Interests and specifications may link with (but are not limited to) the format of the File, the difficulty of the Service and timing, and the resulting charges and expenses related to the Service.
1.2. To use the Service, the User should give to Almirio a description of their requirements and reference images and/or sketches of the proposed video, photo material, or design according to which Almirio should produce the File. Visual references or the description of the intended photo, video material or design can’t contain violent, abusive, disruptive, discriminatory etc. content or content that oversteps third party rights (see our Acceptable Content Guidelines). The User agrees to use images or other materials not made, owned or created by the User for inspiration only and to inform Almirio about such use accordingly. Almirio will make efforts to create the File according to the description, style, visual appearance, notion and/or feel of the reference images or other materials provided to Almirio.
1.3. In case the Service shall be graphic design, Almirio will then create a design draft that will be submitted to the User for a review. The User can ask Almirio about minor changes or improves in the design draft submitted. Almirio will make best efforts to consider or attempt to make those improvements or changes, and as a result of the Service, will deliver the File.
1.4. In case the Service shall provide photo of the product for the User with User created and/or licensed content printed on it (“product samples”), the User can request manufacturing of product examples. The User will be charged for the product examples according to the prices available on the Site at the moment of ordering product samples. Product examples will be cast-off or donated to charity at Almirio’s choice after a period of one month when the File is distributed to the User. The User can ask for the product samples after the Service is carried out if the User pays for the costs of delivery the product examples to the location specified by the User. You hereby agree to waive your right to collect royalties or other fees regarding the product examples that are donated or discarded.
1.5. The File and its intellectual property rights belong to the User excluding the Files that are not created on the User’s interests and specifications (for example photo or video of manufacturing blank items, and so on.).
1.6. The User approves Almirio to access their account, if such access is essential to fulfill the User’s request.
2. Terms of payment and refunds
Payment for the Service is established by specifications and interests of each User individually and is subject to adjustment if the specifications or interests are altered. Sometimes, when the creation of a video or photo material is requested by the User, the payment can consist of a fee for the Service itself, and of product examples used in order to provide the Service. All payments to Almirio shall be in EUR, if not stated otherwise.
Unless User and the Almirio agree otherwise, Almirio should carry out the Service when the User has accepted the payment demand in their Almirio account, and the charge for the service has been successful. The User shall be responsible for paying all sales taxes, VAT, GST, and other taxes and duties associated with the Service (if and as applicable).
If the User has purchased a Service and Almirio has already started working on it, no repayments will be given, except in cases when there has been miscommunication from Almirio’s side referring to the visual outcome of the Service or when Almirio rejects to carry out the Service due to copyright issues of demanding Service from User. Funds should be refunded to the User’s Almirio Wallet or according to the payment method used.
In case Almirio believes that by continuing the Service there might be a violation of third-party rights, in particular, intellectual property rights violation or there is a possible fault, the Service is put on hold and Almirio will try to agree with the User how the Service should continue.
3. Intellectual property rights
For submitting copyright-free and unique materials, reference images or description is responsible the User. You understand that you will carry full responsibility in case that description, reference images, or materials of a design provided by You invade the rights of a third party.
The File made by Almirio and delivered to the User shall be considered as a “work made for hire” openly ordered or custom-made by the User within the meaning of copyright laws of the Europe or any similar or analogous law or decree of any other jurisdiction, and the User shall be considered as the sole and exclusive author of the File for all purposes and shall own all right, title, and interest in and to the File. The only exception to this provision is the ownership of the Files that are not created by the User’s interests and specifications (for example video or photo of manufacturing blank items). For this kind of Files, Almirio grants you a limited, revocable, royalty-free license for an indefinite period to use, process and modify the Files in order to encourage the sale of the User’s products manufactured by Almirio.
If the File can’t be considered as a “work made for hire” in the meaning of copyright laws of the U.S. or any similar or equivalent law or decree of any other jurisdiction as defined above, it will be considered that the File and its exclusive rights have been moved by this Agreement into the ownership of the User without execution of separate legal actions.
4. Delivery of designs and Files
4.1. In case the Service shall be graphic design for User, Almirio will then create a design draft that will be submitted to the User for a review. The User can ask Almirio about minor changes or improves in the design draft submitted. Almirio will make best efforts to consider or attempt to make those improvements or changes, and as a result of the Service, will deliver the File.
The User owns the right to criticize about design draft received in the format of the File and Almirio shall initiate the making of necessary changes and/or updates to the design, depending on the number of revision agreed before, between the User and Almirio.
Any updates or changes that are demanded and needs to make additional effort and work from Almirio such as (but not limited to) changing the idea or visual of the design, adding more elements, and not communicated with Almirio before starting the Service, making more improvements or updates on Service than agreed before, and so on, will result in extra expenses for the User. Such additional costs amount to 20% of the Service costs.
Almirio will take all related expenses, if there is a need to improve or change the File due to the Service not being made properly from Almirio’s side. The User’s only relieve in such cases is an improved or changed File.
All File results of the Service should be uploaded to the User’s print file library in the agreed format. For some types of Service, for example for photography and/or video, the delivery could be done through cloud-based file sharing links
5. Dates
Almirio shall provide the File to the User sooner or on exact date agreed after the User has made the payment, except if Almirio do not have enough information regarding the specifications or performance of the Service or finds a possible defect in the explanation or visual references or signs of third party rights violation.
In that case, of possible defect Almirio believes that by continuing the Service there might be an violation of third party rights, mainly intellectual property rights’ violation, the Service is delayed and Almirio agrees with the User how the Service should continue. If the User doesn’t answer Almirio about required improvements within a three-month period from the date when the design draft has been submitted for the User to review, it’s considered that the Service has been accepted by the User and Almirio should deliver User the File it has, even if the User did or did not confirm it.
Almirio should storage the File for one year starting the day it has been sent to the User.
6. Law and jurisdiction
If a conflict arises between the User and Almirio, the User is cheered first to contact directly Almirio to seek a resolve. Almirio will consider reasonable requests to resolve the conflict through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
7. Indemnity
The User indemnifies and holds Almirio harmless from any claim or request, including reasonable attorneys’ fees, made by any third party because of the User’s breach of this Agreement, use (or misuse) of the Service or violation of any law or the rights of a third party.
8. Modifications
Almirio reserves the right to modify this Agreement at any time. The User shall be responsible for reviewing and acknowledge any such modifications. Use of the Service by the User following such notification constitutes the User’s acceptance of the changes in the terms and conditions.
9. General
No employee-amployer, agency, joint venture, partnership, and so on is designed or created by this Agreement. If any provision of this Agreement is adhered to be invalid or avoided, such provision shall be closed, and the remaining provisions shall be sanctioned. In our specific discretion, we may assign this Agreement upon notice to the User. Headings are for reference purposes only and do not limit the range or extent of such section. Almirio’s failure to act with respect to a breach by the User or others does not abandon our right to act with respect to subsequent or similar breaches. We do not pledge that we will act against all breaches of this Agreement.
These Terms of Service are effective from March 30, 2020.
