Terms & Conditions - Mynewsdesk Content
Version: December 2020
These general terms and conditions (“the Terms”) apply exclusively to Mynewsdesk AB’s, corporate identity number 556634-1276, address Rosenlundsgatan 40, SE-118 53, Stockholm, “Mynewsdesk”, provision of Content services, “the Services” to the customer, “the Customer”. Separate terms and conditions apply for Mynewsdesk’s publishing platform.
1. The Services
Mynewsdesk provides Services including text, photograph and film production or any other specifically agreed service on the basis of these Terms. All Mynewsdesk’s delivery times assume that the Customer participates in meetings and provides requested material in a reasonable time. If the Customer neglects its commitments in this area, Mynewsdesk is entitled to extend the agreed delivery times.
Mynewsdesk reserves the right to use all or part of the supplied product in its own channels (e.g. website, social media, showcase) to market Mynewsdesk’s Services.
For the production of materials within each Service, the following applies:
The Customer undertakes to specify what it wishes the ordered text to communicate in a format to be agreed between the parties. A text is only considered ordered once a digital brief has been completed and the Customer has received a confirmation email that Mynewsdesk has received the order. If the brief is considered inadequate, Mynewsdesk will contact the Customer for completion. Once the assignment has been specified, the Customer is to supply Mynewsdesk with the necessary information and materials continuously and in a timely manner to enable the assignment to be completed in accordance with the assignment specification and the agreed timeframe. In order for the agreed timeframe to be met, the Customer must provide an interviewee during the initial two (2) days of the assignment and assist the author with the documentation and information necessary to produce the text. Mynewsdesk undertakes to deliver a first draft text within ten (10) working days of receiving and approving the digital brief.
Unless otherwise agreed, the text supplied by Mynewsdesk will be limited to a maximum of 2500 characters. Each text production includes two (2) rounds of proofing, unless otherwise agreed. When a text is sent to the Customer for proofing, the Customer has one (1) calendar week to come back with comments on the delivered text. Mynewsdesk will rework the text according to the Customer’s requirements and deliver a new draft text within three (3) working days. The Customer then has one (1) additional calendar week to return with final comments after which Mynewsdesk will finalise the text in three (3) working days. If further comments are not submitted during the second round of proofing, the text shall thereby be deemed to be delivered and approved. The Customer is responsible for the approval of content and quotations by external parties. If the Customer requires further rounds of proofing, this will be done on a running account basis based on Mynewdesk’s currently applicable price list. Delivered text is saved by Mynewsdesk for twelve (12) months.
The Customer is to provide Mynewsdesk with text in a document in an agreed editable format. A standard translation is limited to a maximum of 2500 characters. Mynewsdesk delivers a translated text within three (3) working days of receiving the text from the Customer. Proofing is not included. Delivered text is saved by Mynewsdesk for twelve (12) months.
If the Customer wants express delivery, the Customer may have the translation delivered within 24 hours of ordering. For express delivery, the Customer will be charged double the fee for the translation. Ordered translations are always carried out by an authorised translator or professional translator.
STILL IMAGE PRODUCTION
When ordering a photo assignment, the parties shall agree before the photo session on setting, props and other content to be conveyed by the images.
Still images shall be delivered no later than ten (10) working days after the photo session, unless otherwise agreed.
Following completion of the photo opportunity, a number of test images will be sent to the Customer for retouching approval with regard to colour and shape. The Customer has two (2) working days to come back with comments and proposed adjustments to the delivered material with regard to colour and shape. Mynewsdesk will then rework the image material in accordance with the Customer’s wishes and deliver a final version within ten (10) working days. If comments are not submitted within the specified two (2) working days, the image material shall be deemed to be delivered and approved. If the Customer requires further rounds of proofing, this will be done on a running account basis based on Mynewdesk’s currently applicable price list.
Production materials, negatives, raw images, masters or original files remain the property of Mynewsdesk unless otherwise agreed in writing. The Customer is entitled to buy out such material according to a separate agreement.
The Customer owns the rights to the final product, including, where appropriate, music tracks, still images, licensed stock images and video clips, but may only publish the final version on multiple channels. The right of publication is unlimited in terms of time. Mynewsdesk refrains from asserting their moral rights to the product.
Granting of delivered products to third parties is not permitted. Working versions produced during the assignment may not be published. The Customer may not modify or make its own versions of the final production.
The number of photographs supplied is limited to the number specified in the relevant still images package. Photographs are delivered as high-resolution JPEG. For social media and the web, photographs are delivered as lower resolution JPEG unless otherwise agreed. The final product delivered will be saved by Mynewsdesk for twenty-four (24) months.
The Customer owns delivered photographs and may publish them in multiple channels for an unlimited time. The Customer may only use the photographs in the Customer’s own activities and channels.
The Customer undertakes to specify what it wishes the ordered film to communicate in a format to be agreed between the parties. The scope of the ordered film production is in accordance with the film package ordered by the Customer. Once the assignment has been specified, the Customer is to supply Mynewsdesk with the necessary information and materials continuously and in a timely manner to enable the assignment to be completed in accordance with the assignment specification and the agreed timeframe.
Each film production includes, unless otherwise agreed, two (2) rounds of proofing for produced film material. When material for film production is sent to the Customer for proofing, the Customer has two (2) calendar weeks to return with comments and proposed adjustments to the delivered material. Mynewsdesk will rework the material according to the Customer’s requirements and deliver a new draft within two (2) working weeks. The Customer then has two (2) calendar weeks to return with final comments, after which Mynewsdesk undertakes to deliver a final version within two (2) working weeks. If further comments are not submitted by the Customer during the second round of proofing, the material shall be deemed to be delivered and approved. If the Customer requires further rounds of proofing, this will be done on a running account basis based on Mynewdesk’s currently applicable price list.
Production materials, negatives, masters or original files remain the property of Mynewsdesk unless otherwise agreed in writing. The Customer is entitled to buy out such material according to a separate agreement.
In productions where the Customer provides Mynewsdesk with material, Mynewsdesk has no rights to use such material in other productions without the Customer’s consent. The Customer guarantees that it holds all necessary rights to the material submitted to Mynewsdesk in order to be part of the film production.
The Customer owns the final product and may publish the final version on multiple channels for an unlimited time. Working versions produced during the assignment may not be published. The Customer may not modify or make its own versions of the final production. Granting of delivered products to third parties is not permitted. Mynewsdesk saves the raw material for 18 months. Material that has been delivered from material is saved for six (6) months. The final product delivered will be saved by Mynewsdesk for twelve (12) months.
CONTENT STRATEGY WITH WORKSHOP
Mynewsdesk will lead a workshop on content strategy for marketing of relevant content with participants from the Customer. Following completion of the workshop, Mynewsdesk will deliver a plan for the Customer’s content strategy within three (3) calendar weeks. The Customer receives the rights to the delivered plan and is responsible for adaptations of the plan and how it wishes to implement the strategy.
2. The Customer’s business area
Mynewsdesk does not undertake assignments from companies, associations or organisations active in the tobacco, gambling and weapons industries. Mynewsdesk never undertakes assignments in which the content may be perceived as threatening, harassing, vulgar, defamatory, harmful, offensive or illegal. If the parties have signed an agreement on completion of an assignment and the conditions for the assignment change during production, meaning that it may be perceived in a manner stated above, Mynewsdesk is entitled to discontinue the assignment immediately at its own discretion. The project will then be invoiced at full price as per the agreement entered into.
3. The Customer’s responsibility for content
The Customer is responsible for ensuring that all communication of the content in the delivered Services is provided in accordance with applicable legislation, official decisions, industry practices and recommendations, as well as these Terms. The Customer shall indemnify Mynewsdesk from all claims that may be directed against Mynewsdesk as a result of the Customer’s handling of the content of the delivered Services. Even for agreements where a publishing service is included, it is the Customer who bears responsibility for the content published.
4. Prices and payment terms
The order states the amount that is to be paid for the agreed services. The payment is due when the content order is placed. All prices set are excluded from statutory VAT. The payment is processed according to the issued invoice. In the case of retainer agreements, the invoices are to be paid monthly, regardless if the hours have been used during the current month or not. However, the customer obtains the option to save an unused retainer sum for up to six months. Payment terms are 30 days net. Default interest is paid in accordance with the Swedish Interest Act.
5. Contract period
Film, photo and text packages which contain more than eight (8) texts must be used within 12 months after signed contract. After 12 months the contract expires, meaning you can no longer use the remaining package, unless there is an agreement made between both parties that states differently. If a customer has purchased 1-6 texts, 1 month applies for 1 text (for example 3 texts apply to 3 months).
6. Content training
The Customer’s cancellation of ordered training must be submitted in writing to Mynewsdesk no later than 48 hours before the training is due to take place. If the cancellation is submitted less than 48 hours beforehand, the Customer will be charged 50 per cent of the agreed full price.
7. Limitation of liability
Mynewsdesk’s liability is limited to direct damages. Mynewsdesk’s total liability for compensation in a calendar year is also limited to the amount paid by the Customer to Mynewsdesk for the Services during the same calendar year.
Mynewsdesk undertakes to keep information that could be considered the Customer’s business or trade secrets confidential, unless the Customer gives its written consent otherwise. This means that Mynewsdesk may not disclose such information to third parties or use such information for any purpose other than to complete delivery of the Services. The confidentiality commitment is valid for two years after each assignment agreement ends. Confidentiality does not apply to any information that Mynewsdesk becomes aware of in any way other than the information having been received within the framework of the agreement between the Customer and Mynewsdesk, or which was already generally known. Nor does the duty of confidentiality apply if Mynewsdesk is obliged to reveal such information by law, statute or official decision.
9. Force Majeure
Mynewsdesk is not responsible for delays, errors or omissions if caused by circumstances beyond Mynewsdesk’s control and that cause obstruction, delay or complication of fulfilment of Mynewsdesk’s commitments in connection with the provision of the Services.
Any disputes arising from these Terms and agreed Services shall be interpreted and applied in accordance with Swedish law. Disputes shall be settled by the ordinary courts with Stockholm District Court as the first instance.
11. Processing of personal data