OUR TERMS OF SERVICE
Definitions
Under these terms of service, the following definitions have the following meaning:
• “Customer”, “You” means the person, business or organization who enters a contract with Aleiko for freelance services.
• “Supplier” refers to “Aleiko” (Caroline Sax & Nils Thibaut),” as video producer, videographer, content creator, editor.
• “Agreement” means these terms along with the mutually agreed upon contract for your project.
• “Quote” means an initial estimate of work and costs outlining the freelance services that Aleiko will provide based on information provided by you.
• “Proposal” means a document with specific deliverables, timetables and a firm quote, which Aleiko will provide to you after an initial consultation and upon agreement that we’ll work together and which will serve as the basis for your contract.
• “Client brief” is the document containing key information about your project, on the basis of a detailed client questionnaire.
• “Intellectual property rights” means any creations of the mind protected by the law (e.g., patented, copyrighted or trademarked).
General
The purpose of these terms of service is to provide clarity on what to expect when working with us, outlining our mutual obligations to ensure a smooth working relationship.
These terms of service are included in any contracts that we issue for any of our freelance services. They apply in addition to the specific terms and fees for your project.
By hiring us, you confirm that you have read and agreed to them. All terms of service in this page apply unless otherwise agreed in writing.
Starting work
Before getting started, we will provide you with a quote (an initial estimate) based on information you provide us. If you accept the quote, we’ll prepare a proposal with detailed deliverables, timetables and a firm quote, which will be the basis for your contract.
You must notify us immediately if you disagree with the terms of the proposal.
Please make sure that you are in agreement with the terms of your contract before we start working on your project.
Any edits, changes or revisions must be within the scope of your contract and these terms of service.
We will agree in advance on and include in your contract the format for the final deliverables.
Once we have received a signed contract from you/ or an email confirmation accepting the terms of the proposal (for some of our services), and details about your professional status (e.g., registered name and address if a limited company, or proof that you’re a sole proprietor) we’ll start working on your project.
Revisions and feedback
You will review the drafts that we provide and provide feedback promptly.
You will be entitled to one round of revision for your project free of charge. Any additional revisions will be at an additional charge.
Timelines for revisions or edits will vary depending on scope. We will agree on such timelines together at the outset, and we will strive to meet your needs.
We will endeavor to meet all mutually agreed deadlines. However, we won’t be responsible for missed deadlines due to a late deposit, delays in providing source materials or feedback. Deadlines will be revised if any of these occur.
Similarly, we won’t be responsible for missed deadlines for reasons outside of our control, including but not limited to: acts of God, war, civil unrest and family emergencies, etc.
If we have not received feedback within 14 days of submitting the initial or subsequent drafts to you, we will assume that you are satisfied with the work and will invoice you for the outstanding payment.
Changes to the contract
Once the work has been completed per the terms of our contract, any additional work outside the scope of the contract must be done under a new agreement.
Any changes to the scope of the project beyond the terms of the contract, must be mutually agreed upon and will result in a contract amendment reflecting the changed services, fees, deadlines and other any other terms.
You will notify us in writing of any requested changes. We will respond to you in writing within five business days, or a different timeline if agreed by both parties, of the effect of such changes on the original terms (e.g., fees, timelines and deliverables, etc.).
If we agree on the changes, then the contract will be modified accordingly. If you don’t want to proceed with the changes, we will submit an invoice to you for work carried out up to that point.
Amendments to the contract must be in writing and signed by both parties.
Fees and services
We will outline the fees and payment scheme for the performance of our freelance services in your contract.
Payment
A 50% deposit is required for all projects.
We will commence work once we have signed a contract, a 50% deposit is made and we have received all the necessary source materials from you. Payment for the remaining 50% must be made upon completion of the work per the terms of the contract. We will submit an invoice, along with the final draft.
All payments must be done by bank transfer.
Payments are due 14 days from the date invoices are issued.
Once a project is started, the fee that we have agreed upon will be incurred. You have no right to withhold or reduce payment based on your critical response or evaluation of our work.
If you cancel the project or unlawfully terminate the agreement for any reason, other than a failure to agree to changes to the contract, we will submit an invoice for immediate payment, cancelling the provision to pay within 14 days.
Late payments will incur interest and charges.
Obligations
Customer’s obligationsYou agree to fully cooperate with us to enable us to fulfill our obligations under these terms and to comply with these terms and those under your specific contract.
You will provide us with all the necessary information to enable completion the project and will answer our questions clearly and promptly.
You will obtain the necessary authorizations for the project before work starts and ensure that any information you provide to us is accurate and doesn’t infringe on the rights of third parties.
You will provide the address of your registered company (if applicable), or your residential address (if you are a sole proprietor).
You will be liable to compensate us for any reasonable expenses that we incur as a result of your failure to comply with the terms of these terms of service and your contract.
If the project remains incomplete after 30 days, we reserve the right to invoice you for the work done up to that time.
Supplier’s obligationWe agree to fulfill our obligations under these terms of use and your contract.
We will perform our services to the best of our ability and will use all reasonable efforts to complete the work within the established timelines. However, time must not be of the essence in the delivery of our services.
If you are not satisfied at any point with our work, we will do our best to find a solution. You agree to discuss any concerns that you have with us promptly.
Confidentiality
Any information that you provide to use during the course of your project will be treated as confidential.
Intellectual property rights
We will make all diligent efforts to ensure the veracity of the statements and facts in our work and that they don’t violate copyrights or the rights of third parties. However, it is your responsibility to ensure the veracity of the information that you provide to us and to submit the work for legal review if required.
We reserve the right to display the work that we have done for you on our online portfolio, unless we have signed a non-disclosure agreement.
The copyright for all work remains with us until you have paid us in full. Upon your final payment, limited copyright ownership of the resulting images/video(s) will be transferred to you.
Full copyright will never be released to you, unless agreed upon in a specific instance and for a specific reason by Aleiko, and with a clear written agreement signed by both parties.
The .RAW files will never be distributed to you unless agreed upon in a specific instance and for a specific reason by Aleiko, and with a clear written agreement for the use rights and rights release to be signed by both parties.
Unedited images or video will never be distributed to you, unless agreed upon in a specific instance and for a specific reason by Aleiko, and with a clear written agreement for the use rights and rights release to be signed by both parties.
You shall not publish the work before we have finalized it and invoiced you for the final payment. If you do so, we reserve the right to invoice you in full for the remaining agreed upon amount, even If revisions are still required per the terms of the contract.
Warranty
We warrant that the services we will undertake under this agreement will be done using reasonable skill, quality and care corresponding to generally accepted industry standards.
All warranties, expressed or implied, by operation of law or otherwise, are excluded with regards to our services, unless expressly stated in these terms of use.
Liability and indemnity
We won’t assume any responsibility or liability for any loss or damage of any kind (financial or otherwise) incurred by you or a third party as a result of the use (or non-use) or dissemination of our work under the contract.
We cannot guarantee a specific result (or return for investment) from the use of our work. There are many influential factors outside of our control.
You will indemnify us against any claims, costs and expenses that we may incur, resulting (directly or indirectly) from your breach of these terms of use or the terms under the contract, including any claims against us alleging that our services violates a copyright, patent, trade secret or similar third party right.
Termination
At your discretionIf you cancel the agreement outright, you agree to pay Aleiko liquidated damages equivalent to the deposit.
Cancellation must be in writing even if a phone call was made to inform Aleiko of the cancellation.
At Aleiko’s discretionIf Aleiko is unable to provide the services described in the contract for any reason, including, but not limited to, illness, injury, emergency, or act of God, sudden event, or other circumstances beyond the control of Aleiko, the contract will be transferable to a substitute photographer or videographer.
If the customer declines the substitute photographer or videographer, he may instead terminate the contract, and receive a full refund of all money paid.
Independent contractors
Aleiko is an independent contractor and not an employee of the customer.
Communication and notices
The parties agree to positive cooperation and communication for the best possible result within the definition of the contract.
Aleiko is not responsible for key individuals’ failure to be present or cooperate during the project, neither for missed images or video due to details not revealed to Aleiko.
Entire agreement
These terms of service, along with the specific terms for your project (contract), will constitute the entire agreement between the parties.
Applicable law and dispute resolution
These T&Cs shall be governed by and defined by the laws of Switzerland and yourself irrevocably consent that the courts of Switzerland shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.