Upon the Customer’s request, Avisera shall develop packaging design or other design products in accordance with the terms specified below.
Customer’s obligations:
a. Provide Avisera with a detailed brief, including objectives, vision, and all relevant information regarding the assignment.
b. Continuously and in a timely manner, provide Avisera with all necessary information and materials to ensure the assignment can be carried out in accordance with the Customer’s requirements, both in terms of quality and within the agreed time and budget.
c. Appoint a designated contact person for communication with Avisera, authorized to make binding decisions on behalf of the Customer regarding the execution of the assignment.
d. Adhere to the timeline for the Customer’s obligations.
e. Approve final proofs, originals, test prints, etc. The Customer is responsible for any errors in spelling, factual content, and other discrepancies that the Customer should have identified.
Avisera’s obligations:
a. Provide an order confirmation outlining agreements made with the Customer. The order confirmation will be deemed as accepted unless objections are made to Avisera without delay.
b. Specify the necessary time, documentation, and other materials required to complete the assignment.
c. Ensure that all materials are of such quality and execution that the best possible final result is achieved.
d. Review proofs, originals, test prints, etc., in order to avoid errors and refrain from ordering the final print until the Customer has submitted a print order or an equivalent order to Avisera.
e. Provide a qualified contact person or project leader for the assignment to the Customer.
f. Adhere to the timeline for Avisera’s obligations.
Avisera selects subcontractors and will strive to make purchases under favorable terms on behalf of the Customer. However, the Customer reserves the right to decide whether a subcontractor shall be engaged. Avisera’s General Terms of Delivery apply to the ordering of printed materials and other production services.
Avisera will store the Customer’s material for two years following approval of the final proof, for a one-time fee of 600 SEK.
Ownership and the right of disposal of any material provided by either party to the project remain with the party that supplied the material.
No material/designs/files created by Avisera based on the Order Confirmation may be used by the Customer until full payment has been made. Upon receipt of full payment, Avisera will transfer ownership and the right of disposal of the produced material, and all transferable intellectual property rights are transferred to the Customer at that time.
When the assignment is completed and delivered to the Customer, the intellectual property rights to the final design are transferred to the Customer. If the Customer wishes to access all design elements included in the design (such as individual fonts, images, graphic elements, etc.) or if the ordered material is intended to be used for other purposes or in media not specified in the original Order Confirmation, an additional fee will be payable to Avisera.
The Customer must comply with the provisions of the Copyright Act regarding moral rights (droit morale) when using material created by Avisera in accordance with the Order Confirmation that is subject to copyright protection.
Avisera reserves the right to use the material in its portfolio and promotional materials. All material presented to but not selected by the Customer remains the property of Avisera. Concepts, text, and images used on Avisera’s website and social media are protected by copyright law and may not be copied or used without permission.
Service delivery time
The delivery time is determined according to the agreement between Avisera and the Customer unless otherwise stated in the Order Confirmation. Avisera is not responsible for any delays caused by late delivery of materials from the Customer or from the Customer’s external suppliers.
Delays
In the event of a delay caused by Avisera, a penalty of two (2) percent of the contract sum specified in the Order Confirmation will be applied for each week of delay, up to a maximum of ten (10) percent. If the price is not fixed, the penalty will be [ ] SEK per week. If the delay exceeds five (5) weeks, the Customer has the right to terminate the agreement.
If the conditions for the assignment change significantly during the project, Avisera has the right to adjust the agreed Order Confirmation.
The updated Order Confirmation must be approved in writing by the Customer before work can continue.
If the Customer wishes to cancel the assignment, the Customer will be invoiced for hours worked at the hourly rate of 2,595 SEK/hour.
In the event of a canceled assignment, Avisera shall:
Once the Customer approves the Order Confirmation and the design work commences, no changes can be made. If the Customer wishes to modify the design after production has started and a new production process is required, the Customer will be charged for the new production according to the applicable price list.
Avisera’s work is bespoke for the Customer, which means that all orders are binding, and returns are not accepted.
Delivery consists of digital files, meaning that it is not possible to physically return a product for a refund or exchange. The Customer understands that the purchased material cannot be returned. However, Avisera will replace a damaged file with a new one.
If the Customer believes that the delivered digital files do not conform to the Order Confirmation, the issue must be promptly reported. Errors will be remedied by correcting the delivered files. Avisera’s total liability for damages related to the assignment under the Order Confirmation is limited to 50% of the contract amount or [ ] SEK if a fixed price was not agreed upon.
Avisera is not obligated to compensate the Customer for indirect losses, such as production downtime or loss of profit, arising from delays, errors, or defects in the ordered material. This applies only under the condition that Avisera has not acted with gross negligence or willful misconduct. The Customer is correspondingly responsible for their own commitments.