SYLTE STUDIOS | TERMS OF SERVICES
VERSJON 0.2 | OCTOBER 2021

Overview

This Agreement outlines the terms and conditions for creative direction, design services and photo productions provided by Sylte Studios (the "Provider") to the Client. "Client" refers to the party engaging Sylte Studios for services. "Deliverables" include creative concepts, strategies, designs, websites, photographs, illustrations, artwork, visual identity, content, and campaigns. The Agreement covers service delivery, payment, copyrights, ownership, and usage rights.

As the Client, you're responsible for covering project hours, production costs, and paying a user license fee that reflects the value and duration of your usage. Licensing creative works—such as photographs, designs, artworks, graphics, and music—ensures fair compensation for their use. By covering these costs and paying the license fee, you gain the right to use the material for an agreed-upon purpose and timeframe. The creator retains ownership of the intellectual property, which is protected by copyright and intellectual property laws.

1. Scope of Services

Sylte Studios will provide services as detailed in the project proposal, statement of work, or order confirmation. Any changes must be agreed upon in writing and may result in additional costs and/or extended timelines.

2. Ownership and Usage Rights

2.1 Ownership: Sylte Studios and/or artists working for us retain full ownership and copyright of all original artwork. This encompasses—but is not limited to—photographs, designs, illustrations, visual artwork, concepts, and original design and photography files. This practice aligns with industry standards. The Client acknowledges that all intellectual property rights in the deliverables created by Sylte Studios, including copyrights, remain the exclusive property of Sylte Studios and/or our artists.

2.2 Usage License: Upon full payment, the Client receives a non-exclusive, non-transferable license to use the deliverables.

2.3 For photography, the user license typically lasts one year from the delivery date. For designs, the license usually extends for the lifetime of the Client's company, unless otherwise specified in the order.

2.4 Usage Restrictions: No use of materials until full payment is received, unless explicitly agreed upon in advance. The specific usage rights and files delivered to the Client are detailed in the order or statement of work.

2.5 Portfolio and Promotion: Sylte Studios and its collaborating artists reserve the right to use all materials created during projects in their portfolios and for promotional purposes across various platforms. This allows us to showcase our work and enhance our professional reputation.

2.6 License Extension: After the initial license period, Clients may request an extension or upgrade of their usage rights. Such changes will be subject to additional fees and a new agreement.

2.7 Intellectual Property Clarification: Any concepts, ideas, or preliminary designs presented to the Client during the creative process remain the intellectual property of Sylte Studios, even if not chosen for the final product.

3. Payment Terms

A 50% initial fee is required either as booking confirmation or 7 days before project start. The remaining 50%, plus any additional costs, must be paid upon delivery. Usage rights transfer only after receiving full payment. For small projects and photo shoots under NOK 50k, full payment is required at booking or project start, with any extra costs due upon delivery. Monthly billing is available for extended projects and ongoing partnerships. All payments are non-refundable.

4. Client Responsibilities:

• Provide necessary materials and information promptly

• Offer timely feedback

• Adhere to agreed-upon timelines

• Obtain permissions for third-party content

• Indemnify Sylte Studios against claims related to Client-provided content

• Obtain and provide to Sylte Studios all necessary model releases, property releases, and permissions for photographing individuals and locations, ensuring legal compliance for all photographic subjects and settings.

Failure to meet these responsibilities may result in project delays or additional costs.

5. Revisions and Additional Work

5.1 Design Projects: The initial project fee includes one round of revisions. Any additional adjustments or revisions will be billed at an hourly rate of NOK 1260.

5.2 Photography: Sylte Studios delivers a distinct artistic style. Clients acknowledge and accept this style upon engaging our services. Special post-production requests and changes after delivery will be billed at an hourly rate of NOK 1260.

5.3 Additional Work: Any work requested beyond the original project scope will be subject to additional fees and a separate agreement.

6. Confidentiality

Both parties agree to maintain confidentiality of shared information.

7. Termination and Cancellation

7.1 Either party may terminate this Agreement in the event of a material breach by the other party. Termination shall be effective upon written notice.

7.2 In the event of termination:

• a. All deposits and payments made to the Provider are non-refundable.

• b. The Client shall pay in full for all services delivered up to the point of termination.

• c. The Client shall cover all project costs incurred by the Provider, including but not limited to studio rentals and fees for booked creatives, regardless of whether these services have been utilized at the time of termination.

• d. Any outstanding balances for work completed or costs incurred shall be due immediately upon termination.

7.3 Termination of this Agreement shall not affect any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination.

7.4 Cancellation Policy: If the Client cancels the project after work has begun but before completion, the following fees will apply:

• a. Within 14 days of project start: 50% of total project fee

• b. For monthly retainers, there will be a 3-month cancellation period

8. Governing Law and Jurisdiction

8.1 This Agreement shall be governed by and construed in accordance with the laws of Norway, specifically those applicable in Oslo, where Sylte Studios is located.

8.2 Dispute Resolution Process:

• a. Good Faith Negotiation: The parties agree to attempt to resolve any disputes through good-faith negotiation.

• b. Mediation: If negotiation is unsuccessful, any dispute arising from this agreement shall be subject to mediation as a condition precedent to litigation. The mediation shall be conducted by a mutually agreed-upon mediator in Oslo, Norway.

• c. Arbitration: If mediation fails to resolve the dispute, the parties agree to submit to binding arbitration in Oslo, Norway.

• d. Litigation: If arbitration is unsuccessful, any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in Oslo, Norway.

9. Limitation of Liability

Sylte Studios' liability under this agreement shall be limited to the total amount paid by the Client for the services. In no event shall Sylte Studios be liable for any indirect, incidental, special, or consequential damages.

10. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause beyond the reasonable control of that party.

11. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

12. Data Protection and Privacy

Sylte Studios complies with applicable data protection regulations. We collect and process client data solely for service provision and maintaining business relationships. Clients have the right to access, correct, or delete their personal data. Data retention period: 5 years. For detailed data handling practices, please refer to our Privacy Policy at syltestudios.com/privacy.

By engaging Sylte Studios, the Client acknowledges and agrees to all terms and conditions outlined in this Terms of Service Agreement.