Updated August 2nd 2023
All projects or services (“the work”) that JUHO (or “we”) (JUHO-TANELI HENELL, Sandakerveien 67G, 0477 Oslo, Norway) may be contracted to produce or provide for CLIENT (or “you”) will be subject to—and you the undersigned agree to the following:
CLIENT agrees to pay JUHO in accordance with the terms defined in this document. All payments are non-refundable. JUHO reserves the right to refuse completion or delivery of work until past due balances are paid.
The CLIENT understands that credit card processing services, and any other businesses not owned by JUHO are not parties to this contract and are separate business entities from JUHO.
CLIENT further agrees that, upon registering for the services, CLIENT authorizes JUHO to automatically charge CLIENT’s method of payment (e.g. credit card or bank draft) for the fee on each anniversary of graphic design registration date. Payment of the fees shall be in such amounts and at such times as set forth by JUHO through information provided to CLIENT.
CLIENT’s account and access to the services may be suspended in the event of non-payment of applicable fees. CLIENT represents and warrants to JUHO that such payment information is accurate and that CLIENT authorized to use the payment instrument. CLIENT will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
JUHO may change its fees from time to time with 7 days’ prior notice. No advance notice is required for temporary reduced prices.
There are two ways to pay for the subscriptions — weekly and monthly
- Weekly: CLIENT will pay weekly fee
- Monthly: CLIENT will pay a slightly reduced monthly fee.
CLIENT can pause the graphic design subscription account. This will temporarily halt the automatic invoicing and payment withdrawals of the normal subscription fee. Pausing a subscription enables continued access to the client portal. However, CLIENT will not be able to fill out a design request form or make revisions on any pending projects once the account is paused.
Once an account is paused, this is an immediate and automatic action.
What Cancellation Means
CLIENT may cancel the subscription with JUHO at any time. Upon cancellation, CLIENT will continue to have access to the JUHO services and design files through the end of the paid billing term.
Cancelled accounts also will not have the ability to submit a design request or a design revision.
All payments are non-refundable. There are no refunds for unused time on any subscription package for any reason.
2. No Guarantee
JUHO makes no representations, warranties or guarantees for any recommendations of other business partners, such as printers. The CLIENT understands that the JUHO has no control over the final printed product or availability of services due to the actions or inaction of a third party including third party applications.
JUHO makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, JUHO does not warrant or make any representations concerning the accuracy, likely results, reliability of the use of the materials on its internet website otherwise relating to such materials or the security of the website. It is the CLIENT’s responsibility to immediately notify JUHO if their account has been compromised in any way.
3. Electronic Commerce Laws
The CLIENT agrees that CLIENT is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to CLIENT’s website or any other services contemplated herein, and will hold harmless, protect, and defend JUHO and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the CLIENT’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
4. Ownership, Trademarks and Provided Assets
CLIENT owns all graphics and files that are created during any month paid in full. CLIENT will provide all content/copy to be used in designs. CLIENT agrees that any materials provided are proofed and approved to be used in designs and are not owned or trademarked by a different entity.
CLIENT is responsible for the materials used in designs and the legal use in designs. JUHO is not liable for the materials CLIENT provides as it pertains to license or trademark issues and CLIENT represents to JUHO that all materials provided do not infringe on the intellectual property rights of third parties.
Stock photography or other stock media is under a specific use license. Managed stock photography or assets are licensed to be used in the specific graphic files created by JUHO from CLIENT design request. Individual photos or assets will not be provided.
CLIENT agrees to indemnify, defend, and hold harmless JUHO and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to
(i) CLIENT’s breach of any of the terms of this Agreement, (ii) CLIENT’s use of the services provided, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
5. Legal Use of Content & Other Expenses
CLIENT agrees to exercise due diligence in its direction to JUHO regarding preparation of content materials and must be able to substantiate all claims and representations. CLIENT is responsible for all trademark, service mark, copyright and patent infringement clearances, as well as for arranging, prior to publication, any necessary legal clearance of materials we prepare.
CLIENT is responsible for purchasing the domain and hosting for Framer website.
6. Approval Required to Prevent Errors
JUHO is not liable for errors or omissions. It is the CLIENT’S responsibility to check proofs, mock-ups, and other creative deliverables for accuracy, including spelling and technical illustrations. In no event shall JUHO or its suppliers be liable for any damages (including, without limitation, negligence, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials provided by JUHO, even if JUHO or a JUHO authorized representative has been notified orally or in writing of the possibility of such damage.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In no event shall the total liability of JUHO under this agreement exceed seventy-five dollars ($75), regardless of the cause of action, in tort, contract, or otherwise.
7. Protection of Property and Quality of Work
JUHO will take all reasonable precautions to safeguard the property CLIENT entrusts to JUHO. In the absence of negligence on JUHO’s part, however, JUHO is not responsible for loss, destruction or damage or unauthorized use by other parties of said property. JUHO will use best efforts to protect against any loss to CLIENT through the failure of vendors, media, or others to perform in accordance with their commitments.
However, JUHO is not responsible for failure on the part of third parties.
8. Project Volume
While JUHO can accept unlimited project per month with unlimited revisions, the timetable or turnaround of projects depends on many factors. JUHO will try to work with CLIENT to accommodate any priority items and CLIENT’s timelines. For time sensitive requests, JUHO suggests upgrading the account.
Turnaround of creative deliverables and what JUHO is able to accomplish in a business day varies. How much can be created depends on many factors including, but not limited to the type of plan, the volume of requests, and the complexity of requests.
There is no guarantee regarding the amount of design work that can be created in one business day, a week, or a month.
9. Termination of Contract
Abuse of Contract:
CLIENT acknowledges that JUHO will manage the project according to its own protocols. Any attempt or requirement by CLIENT to define project process or otherwise run the project may result in termination of the graphic design subscriptions.
If JUHO determines that CLIENT is not in alignment with JUHO’s model, violates JUHO’s values, or abuses JUHO’s services or team in any way, including using JUHO’s services for illegal or pornographic purposes, JUHO reserves the right to cancel CLIENT’s design subscription and Client Portal account.
CLIENT’s right to use JUHO’s services shall terminate upon the breach of any term of this Agreement.
The term of this agreement will continue as outlined or until terminated by JUHO or CLIENT upon written notice according to the following conditions:
Upon CLIENT’s contract breach, JUHO may terminate the project upon written notice and will deliver all originally-CLIENT-owned intellectual property in JUHO’s possession. If this happens, CLIENT will be granted no right or license to the work.
Upon JUHO’s breach of contract, CLIENT may choose to terminate the project. If this happens, JUHO will deliver to CLIENT all property and project materials in JUHO’s possession for which CLIENT has paid, as well as all originally-CLIENT-owned intellectual property in JUHO’s possession. Thereupon, CLIENT has the contractually described right or license to the paid-for work.
Termination Without Just Cause:
Upon non-breach-of-contract project cancellation by CLIENT, CLIENT will, in addition to any costs already paid, pay the balance of the agreement within 15 days of the cancellation notice. In such case, CLIENT will be granted no right or license to the work. Upon any planned-for or imposed termination of the project, CLIENT will indemnify and hold JUHO harmless for any loss or expense (including attorney’s fees), and agree to defend JUHO in any actual suit, claim or action arising in any way from the working relationship. This includes, but is not limited to assertions made against CLIENT and any of its products and services arising from the publication of materials that JUHO prepares and CLIENT approves before publication.
10. Force Majeure
If JUHO is unable to fulfill any obligation under Terms and Conditions due to circumstances beyond reasonable control, including but not limited to pandemic or wide spread infectious disease, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third party services, and technology attacks (each, a “Force Majeure Event”), JUHO has no liability to CLIENT for such failure to fulfill — dependent on if JUHO will resume performance in a timely manner when Force Majeure Event circumstances are finished.
11. Additional Provisions
The validity and enforceability of this agreement will be interpreted in accordance with the laws of Norway applicable to agreements entered and performed in the country. This agreement is JUHO’s entire understanding and may not be modified in any respect except when mutually executed. If JUHO must retain attorneys to collect on invoices, JUHO will be entitled to CLIENT’s payment of reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.
12. Sample Work
By default, CLIENT agrees to provide JUHO with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. JUHO will attempt to seek written permission before anything is posted publicly. If CLIENT would like to revoke this right, please notify JUHO in writing at email@example.com