Terms of Service

1. General

1.1 Service Provider

These Terms of Service (“Terms”) apply to all services and products provided by HallinMedia (“Provider”, “we”, “us”, “our”), as well as the use of the website www.hallin.media (“Website”).

1.2 Acceptance of Terms

By using our services or visiting our website, you accept these terms in their entirety. If you do not accept the terms, you should not use our services or website. For consumers, special consumer rights apply according to applicable law, which are not limited by these terms.

1.3 Definitions

In these terms:

• “Services” means: All products and services provided by the Provider.
• “Customer” means: The natural or legal person entering into an agreement with the Provider.
• “Consumer” means: A natural person who acts primarily for purposes outside of business operations.
• “Business Customer” means: A legal entity or natural person acting within the scope of their business operations.

2. Services and Website Usage

2.1 Service Description

We offer professional services in the following areas:

• Web and graphic design
• Photography and video production
• Marketing and brand development
• Consulting services and business development

Specific service terms may apply depending on the type of service agreed upon.

2.2 Website Usage

You agree to use the Website in accordance with applicable legislation and these terms. The following is specifically prohibited:

• Using the Website in a manner that may harm, overload or impair its functionality
• Attempting to gain unauthorised access to systems, accounts or data
• Disseminating malicious code or conducting attacks on the Website
• Using the Website for illegal or unethical purposes

2.3 Ordering and Delivery

2.3.1 Agreement Process

All assignments and orders are confirmed in writing through an offer or agreement. A binding agreement arises only when the Provider has confirmed the order in writing or when the parties have signed an agreement.

2.3.2 Delivery Times

Delivery times are stated at the time of order and are preliminary unless otherwise agreed upon expressly. The Provider shall notify the Customer of any significant delays.

2.3.3 Changes to the Order

Changes to the order must be made in writing and may affect both delivery time and price. The Provider reserves the right to adjust the price and delivery time if the scope or content of the order is changed.

3. Prices and Payment

3.1 Pricing

Prices are stated excluding VAT unless otherwise stated. For consumers, total prices including VAT are always stated. Cost estimates and quotes are valid for 30 days unless otherwise stated.

3.1.1 Additional Work

Additional work that is not included in the original order will be charged according to the agreed hourly rate or according to a special agreement.

3.2 Payment Terms

3.2.1 Invoicing

Payment is made against an invoice with payment terms of 30 days net for business customers and 14 days net for consumers, unless otherwise agreed. For certain services and products, advance payment may be required.

3.2.2 Delayed payment interest and reminder fees

In case of late payment, default interest will be charged according to the Interest Act, as well as statutory reminder fees and, if applicable, collection costs.

3.3 Refunds

Refunds take place only if the service cannot be delivered according to the agreement. In case of a refund, only the part of the payment that corresponds to the undelivered service or product will be refunded. For detailed information about refunds, see our Refund Policy.

3.4 Price Adjustments

We reserve the right to adjust prices for our services. Price adjustments are notified at least 30 days in advance and do not affect existing contracts or ongoing assignments.

4. Intellectual Property Rights

4.1 Copyright

4.1.1 Ownership

The Provider retains copyright and all other intellectual property rights to all created material until full payment has been made, unless otherwise agreed in writing. Upon full payment, agreed usage rights transfer to the Customer as specified in the respective engagement agreement.

4.1.2 Source Material and Working Files

Source files, original arrangements, and working materials remain the property of the Provider unless otherwise expressly agreed upon and specified in the contract.

4.2 Use of Material

4.2.1 Customer’s Right to Use

The Customer receives a non-exclusive, non-transferable right to use the delivered material for the agreed purpose and within the agreed scope after full payment has been made. The Customer may not change, modify, or otherwise process the delivered material without written consent from the Provider, unless otherwise agreed.

4.2.2 Provider’s Reference Right

The Provider has the right to use delivered material in their portfolio and for marketing purposes of their business, unless otherwise agreed. In such cases, the Provider must show consideration for the Customer’s business and brand.

4.3 Third-Party Rights

4.3.1 Customer’s Responsibility

The Customer is responsible for ensuring that all material provided to the Provider for use in the assignment (text, images, logos, etc.) does not infringe on third-party rights. The Customer shall indemnify the Provider against all claims arising as a result of such infringement.

4.3.2 Provider’s Responsibility

The Provider is responsible for ensuring that the material the Provider acquires for the assignment (stock images, fonts, etc.) is used with proper licenses and rights.

5. Liability and Guarantees

5.1 Provider’s Responsibility

5.1.1 Performance of Services

We undertake to perform all services professionally and properly according to industry standards. We are responsible for errors caused by our negligence or lack of professionalism.

5.1.2 Limitation of Liability

Our liability is limited to direct damages and a maximum amount equal to the sum paid by the Customer for the respective service or product. We are not responsible for indirect damages or consequential damages such as lost profits, production losses, or other economic losses.

5.2 Customer’s Responsibility

5.2.1 Information and Material

The Customer shall provide the necessary material, information, and documentation for the implementation of the assignment in good time, and is responsible for the accuracy of the provided information. Delayed delivery of such material may affect the final delivery date.

5.2.2 Approval and Review

The Customer is responsible for reviewing and approving the material prior to publication or production. After the Customer has approved the material, the Customer assumes responsibility for the content.

5.3 Claims and Errors

5.3.1 Duty to Claim

Errors or defects in delivered services or products must be reported in writing within 14 days of delivery. For consumers, the right to claim is based on the Consumer Purchase Act. The Provider must be given reasonable opportunity to rectify any defects.

5.3.2 Rectification of Errors

In case of valid claims, the Provider shall at its discretion either rectify the error, re-deliver, or grant a reduction of the price.

5.4 Force Majeure

The Provider is not responsible for delays or errors caused by circumstances outside the Provider’s control, including but not limited to natural disasters, wars, labour conflicts, changes in legislation, governmental decisions, or other unforeseen events. In such circumstances, the Provider has the right to extend the delivery time for a reasonable period.

6. Confidentiality and Data Protection

6.1 Confidential Information

6.1.1 Mutual Confidentiality

Both parties undertake not to disclose confidential information obtained from the other party. Confidential information refers to all information, technical, commercial, or otherwise, regardless of whether the information has been documented, except for:

• Information that is generally known or becomes known to the public in any other way than by breach of the confidentiality obligation
• Information that the party can show was known to them before it was received from the other party
• Information that the party has received or will receive from third parties without being bound by confidentiality obligations

6.1.2 Confidentiality Period

The confidentiality obligation is valid during the contract period and for three years thereafter unless otherwise agreed.

6.2 Personal Data

6.2.1 Processing of Personal Data

We process personal data in accordance with applicable data protection legislation, including GDPR. For detailed information about our processing of personal data, please refer to our Privacy Policy.

6.2.2 Data Processor Agreement

If we process personal data on behalf of the Customer in the course of our assignment, a data processor agreement shall be concluded between the parties.

7. Termination and Closing

7.1 Termination of the Agreement

7.1.1 Normal Duration of the Agreement

Unless otherwise agreed, the agreement expires when the ordered service or product has been delivered and paid.

7.1.2 Ongoing Agreement

For agreements that run over time (e.g. maintenance agreements or subscription services), an initial binding period applies according to the agreement, followed by automatic extension for three months at a time unless the agreement is terminated no later than one month before the end of the period.

7.2 Premature Termination

7.2.1 Termination for Breach of Agreement

Both parties have the right to terminate the agreement with immediate effect if the other party materially breaches the agreement and fails to take corrective measures within 30 days of written request.

7.2.2 Termination from Customer’s Side

If the Customer terminates the agreement prematurely without the Provider having materially breached it, the Customer shall compensate the Provider for already performed work and reasonable costs incurred as a result of the termination.

7.2.3 Termination from Provider’s Side

If the Provider terminates the agreement prematurely without the Customer having materially breached it, the Provider shall complete pending tasks or take necessary measures to minimise inconvenience for the Customer.

7.3 Consequences of Termination of the Agreement

Upon termination of the agreement:

• The Customer shall pay for all services performed up until the termination of the agreement
• Both parties shall return all confidential information received from the other party
• License rights shall remain in accordance with the agreement if full payment has been made

8. Dispute Resolution

8.1 Applicable Law

Swedish law shall apply to this agreement, without application of conflict of laws provisions.

8.2 Negotiation and Mediation

Disputes arising in connection with this agreement shall primarily be resolved through negotiation between the parties. If negotiations fail to yield results, the parties shall attempt to resolve the dispute through mediation according to the mediation rules of Skellefteå District Court unless any party opposes this.

8.3 Court and Arbitral Proceedings

8.3.1 For Consumers

For disputes in which the Customer is a consumer, the dispute shall be settled by a general court. The consumer also has the opportunity to turn to the General Complaints Board (ARN).

8.3.2 For Business Customers

For disputes in which the Customer is a business customer, the dispute shall be finally resolved through arbitration administered by Skellefteå District Court. The seat of arbitration shall be Skellefteå. The language of the arbitration shall be Swedish.

9. Right of Withdrawal for Consumers

Consumers have the right to withdraw from the agreement within 14 days from the conclusion of the agreement pursuant to the Distance Contracts Act. For detailed information on the right of withdrawal, see our separate information on right of withdrawal.

10. Amendments to these Terms

10.1 Amendment Process

We reserve the right to amend these Terms. Amendments shall take effect 30 days after publication on our website. For ongoing contracts, substantial amendments shall be notified via email at least 30 days before their implementation.

10.2 Effect of Amendments

For existing contracts, the terms that were in effect at the time of entry into an agreement shall apply unless the Customer expressly approves the new terms or if the amendments are due to changes in legislation or government decisions.

11. Complete Agreement and Severability

11.1 Complete Agreement

These Terms, together with specific engagement agreements, constitute the complete agreement between the parties regarding the services and products covered. All amendments and additions must be made in writing.

11.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in effect and the invalid provision shall be replaced by a valid provision that, to the extent possible, fulfills the purpose of the original provision.

12. Contact Information

If you have questions about these Terms or our services, please contact us at:

• Email: [email protected]
• Website: www.hallin.media