1. Scope and Application 

These general terms and conditions ("Terms") govern the terms and conditions for use of Designbyrån Yvonne AB, registration number 556717–2449, ("DBY") services, i.e. all services offered by DBY, including the information provided by DBY's employees, and which can be found on DBY's website ("Service").

The service includes, among other things, graphic design, moving graphic design, animation and film and advertising production.  

"Customer" refers to a customer, collaboration partner or other actor who uses the Service for commercial or other reasons.

 

2. Entry into force

The terms and conditions come into force in connection with the Customer ordering the Service or concluding any other agreement containing the Service. 

 

3. DBY's commitments

DBY shall provide the Service to the best of its ability and in accordance with the provisions contained in the agreement between DBY and the Customer ("Agreement")

 

4. The customer's commitments

The customer must provide DBY with the material to be covered by the Service and the information required for the performance of the Service, as well as otherwise what appears in the Agreement.

The customer must immediately notify DBY of any changed conditions that may affect the provision of the Service.

 

5. Duration 

The terms apply from the day the Agreement is signed and until the Service has been fully delivered. However, the sections on Marketing, Intellectual Property Rights, Personal Data and Confidentiality shall also apply after the Agreement Period. 

 

6. Privacy

The customer undertakes not to disclose to third parties Confidential Information, which DBY receives from the other party or which emerges during the provision of the Service. DBY undertakes to ensure that employees do not forward Confidential Information to outsiders.

"Confidential Information" means confidential or copyrighted information or material belonging to either Party or its affiliates, including but not limited to, research data, products, reports, processes, technology, trade secrets, research and development plans or internal information._cc781905-5cde-3194- bb3b-136bad5cf58d_Confidential information shall not be deemed to be: (i) information that is generally known and has become generally known otherwise than through a violation of this Section 6; (ii) information that the Party can demonstrate that it already knew before the Party received the information; (iii) information independently produced by employees of the Party or by contractors engaged by the Party; and (iv) information the disclosure of which the Party has approved in writing in advance.

Both Parties shall take reasonable steps to protect the other Party's confidential information. Such measures must at least correspond to the measures that each Party takes to protect its own confidential information. Neither Party has the right to use the other Party's confidential Information beyond what is necessary to perform their respective obligations under the Agreement and the Terms. The parties undertake to ensure that Confidential Information is provided only to employees, subcontractors and consultants for whom the information is necessary to fulfill its obligations under the Agreement and the Terms. 5cde-3194-bb3b-136bad5cf58d_       _cc781905- 5cde-3194-bb3b-136bad5cf58d_       _cc781905- 5cde-3194-bb3b-136bad5cf58d_  

 

7. Intellectual Property Rights

All intellectual property rights, including but not limited to, trademarks, design and pattern rights, copyrights, patents, know-how, corporate rights, software, databases, technical platforms, documentation, research and marketing methods, concepts and formats owned by DBY at the time for the conclusion of the Agreement and Terms remains DBY's property. The Agreement and the Terms and Conditions do not imply any transfer of Intangible Rights to the Customer.

 

8. Marketing 

DBY has the right to quote, or otherwise refer to, the Orderer for marketing purposes.

 

9. Disclaimer 

The Service is provided "as is", without any explicit or implicit guarantees regarding the results of the Service other than what is stated under the section "Customer Satisfaction". 

The other warranties set forth in the Agreement or the Terms are the only warranties made and they supersede all other warranties, written and oral, express or implied, that may have been provided within the scope of the Parties' agreement.  

 

10. Limitation of Liability

DBY is not responsible in any case for indirect damages and losses such as loss of production, loss of profit, damages incurred by third parties, loss or corruption of data or other consequential damages. 

DBY's maximum compensation liability according to the Agreement and Terms and Conditions corresponds to what DBY or the Orderer can receive compensation for via their own insurances or a value corresponding to what the Orderer has paid for the Service.

 

11. Insurance

DBY holds insurance in the insurance company Trygg Hansa when performing the Service. The insurance has number 25-0360854-27. 

 

12. Employees and subcontractors

DBY's employees and subcontractors meet the industry's highest standards in terms of training and other aspects of delivery of the Service.

 

13. Customer satisfaction

Against the background of DBY's aspiration that the Customer should experience the Service as extremely affordable and first-class, DBY undertakes to go as far as possible beyond what the Terms state so that the Customer experiences the Service as one hundred percent.  _cc781905- 5cde-3194-bb3b-136bad5cf58d_

 

14. Cancellation

​The following shall apply to cancellation (which must be in writing to be valid): If the Customer cancels the Service during the contract period, compensation shall be paid for the work performed until the cancellation has taken place.

 

15. Value added tax

All financial provisions in the Agreement and the Terms and Conditions include value added tax if the Orderer is a natural person; otherwise, the costs shall be calculated without value added tax.

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16. Changes

Amendments to and additions to the Agreement must, in order to be binding, be in writing and duly signed by the Parties. DBY reserves the right to make changes or add to the Terms. 

 

17. Complaint

Errors or deficiencies attributable to the Service must be immediately reported to DBY by the Customer in writing. Errors or deficiencies discovered by the Customer after the Service has been delivered must be complained about in writing no later than ten (10) days from the end of the Service. The complaint must contain clear information about the nature and extent of the error or deficiency. 

The customer's right to compensation or price reduction is forfeited if the customer does not complain within the prescribed time and in the prescribed manner. After a complaint, DBY must be given the opportunity to remedy the error or deficiency within a reasonable time, before the Customer makes a claim for damages or reimbursement. 

 

18. ​Violation of the Terms or the Agreement

Regardless of what is otherwise stipulated in the Terms and Conditions, DBY has the right to deny the Customer continued use of DBY's Services with immediate effect and without the right to a refund of payment already made in the event that (i) the Customer is declared bankrupt, becomes the subject of corporate restructuring, applies for composition, suspends payments, goes into liquidation or is otherwise considered insolvent; (ii) The customer materially breaches its obligations under the Agreement or the Terms and, if remedy is possible, fails to remedy within thirty (30) days of receiving a written request to do so; or (iii) The customer, without special circumstances, on repeated occasions violates his obligations under the Agreement or the Terms, where repeated occasions refer to at least two occasions during a consecutive six-month period. 

If the Customer violates a provision in the Agreement, DBY, regardless of whether intent or negligence can be demonstrated, is entitled to compensation for all the damage DBY incurs as a result of the breach of contract. In the event of a material breach of contract by the Customer, DBY also has the right to cancel the Agreement. 

 

19. Invoicing and price

The price for the Service follows from the Agreement and invoicing takes place with payment terms of thirty (30) days net in connection with ordering the Service, unless otherwise stated in the Agreement.

 

20.Full Regulation 

The Agreement and the Terms and Conditions constitute the Parties' complete regulation of the Customer's use of the Service and the content of the Agreement and the Terms and Conditions supersedes previous agreements or commitments, regardless of whether they are oral or written. 

 

21.Force Majeure 

If the Party's ability to fulfill its obligations under the Agreement is prevented due to circumstances beyond its control, including but not limited to war, natural disaster, power failure, fire and strike, the Party affected by such circumstance shall be released from fulfilling its obligations and from penalty for failure to fulfill certain obligation. To obtain such relief, the Party invoking relief under this clause shall immediately notify the other Party thereof.

In the event that an extenuating circumstance exists for a longer period of time than [TIME] months, the Party has the right to terminate the Agreement with immediate termination.

 

22. Personal data

DBY is responsible for following the applicable legislation regarding the processing of personal data and the use of cookies when providing the Service. See separate privacy policy.

 

23. Dispute 

The agreement and the Terms and Conditions have been drawn up and must be interpreted in accordance with Swedish substantive law. 

Disputes that arise due to the Agreement or the Terms and Conditions shall be finally settled by a general court, with the Stockholm district court as the first instance.