Terms of Service

Updated: Saturday June 22, 2024

1. Introduction

Welcome to Samael Creative's website, owned by Richard Forsman, located in Helsinki, Finland. By accessing and using our website, you agree to comply with and be bound by the following terms and conditions. Please read them carefully.

2. Creative Services Offered

Samael Creative specializes in providing creative services including graphic design, illustration, photography, videography, motion graphics, animation, web design, content writing, and digital marketing.

3. Pricing and Licensing

For pricing and licensing, we adhere to the standards and guidelines set by Toimihenkilöliitto ERTO (Digimama Ry) and Suomen freelance-journalistit Ry. Samael Creative holds all rights to visual, audio, and written content unless otherwise specified in a separate agreement. Users are not permitted to copy or use website content for teaching AI models without explicit permission.

If you wish to use these photos for commercial purposes, you can contact Samael Creative for a licensing agreement. Licensing options include:

Editorial Use License
Royalty-Free License
Royalty-Free Extended License (All Access License)

For the performing artist/band, a Royalty-Free Extended License (All Access License) is offered for €550 (VAT 0%) if purchased within one month from the event date. After this period, each license is negotiated separately. This offer includes all shared photos in this folder and high-quality versions without watermarks.

When you purchase a license, you also gain access to full-resolution versions without watermarks. Photo sizes vary depending on which camera was used to take them and if they were cropped during raw editing.

4. Use of 3rd Party Services

Samael Creative may utilize 3rd party services, and any such usage will be explicitly mentioned. We commit to giving credits to the 3rd party where it's due.

5. Booking Terms

All bookings require confirmation from Samael Creative. A 50% deposit must be paid 24 hours before the booked timeslot. An unpaid deposit does not cancel the booking but will result in a late fee of 11.5% for consumers and 11.5% + 40€ for businesses, as stated in terms 6. Billing Details. Bookings must be canceled at least 24 hours before the scheduled start time, or a 50% service cost will be incurred. Additional hours beyond the booked time are billed hourly, with a 5-minute flexibility. Travel expenses are billed separately for locations outside Helsinki.

Client data collected during the booking process is used for future client relationship purposes and legal requirements. Clients can request deletion of this data after one year from the last booked service, and Samael Creative follows GDPR guidelines for global contacts.

6. Billing Details

Billing periods are 14 days for business clients, unless otherwise agreed, and 30 days for consumer clients. Invoices must be settled before any content is released to the client. Failure to comply will result in a contractual penalty of 10% of the total invoice sum. This penalty accumulates monthly if the client continues using the content without permission.

Late payments will incur a late fee. Samael Creative will issue at least one reminder for late payments after 5 business days. If the payment remains outstanding after 5 days from the reminder, a late default interest rate will be applied according to the Finnish Interest Act (4§): 11.5% for consumers and 11.5% + 40 € for businesses.

7. Cancellation and Fees

If the client decides to cancel a contract, all work completed by Samael Creative is billable. The minimum fee for canceled contracts is 50%, up to 100% depending on the progress of the contract. Clients do not acquire any licenses to already released content unless separately given explicit permission in writing.

8. Penalty for Unauthorized Use

If you fail to follow the terms and conditions given in your license, you subject yourself to a penalty. The penalty sum is €500 + the cost of additional damages, including the proper licensing fee + possible legal fees if you decide to avoid paying the penalty without a court decision.

These terms and conditions also apply to any content obtained through 3rd party services like social media.

9. Denial of AI Training Usage

Users are strictly prohibited from using any text, audio, photography, or other visual content from Samael Creative for AI training purposes. Any use of content for AI training will subject you to the penalty for unauthorized use mentioned in section 8.

10. Dispute Resolution

Any disputes arising from or related to these terms and conditions will be resolved through good faith negotiations. If a resolution cannot be reached, the dispute will be referred to arbitration in accordance with the laws of Finland. The prevailing party in any dispute will be entitled to recover reasonable attorney's fees and costs.

11. Governing Law

These terms and conditions are governed by the laws of Finland, and any legal actions arising from or in connection with these terms will be brought before the competent court in Helsinki.

12. Contact Information

For any inquiries or concerns regarding these terms, please contact us at contact@samaelcreative.com.

These terms are effective as of 1.12.2011. Samael Creative reserves the right to update or modify these terms without prior notice, so please review them periodically. Your continued use of the website constitutes acceptance of the modified terms.
contact@samaelcreative.com
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