This Graphiq User Agreement (the “Agreement”) is a contract between you (the “User”) and Graphiq Technologies AS, a Norwegian limited liability company with business register no. 916 492 642. You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.graphiq.design (the “Site”) and related software and services (collectively with the Site, the “Graphiq Platform”).
You understand that by using the Graphiq Platform, you are agreeing to be bound by this agreement. If you do not accept this agreement in its entirety, you may not access or use the Graphiq Platform. If you agree to this agreement on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this agreement. In that event, “User”, “You” and “Your” will refer and apply to that entity.
1.1 A Project is defined as all services delivered through the Graphiq Platform. All Projects are different, and the project details are specified in a Project Brief (the “Project Brief”) provided by Graphiq in the case of each project.
1.2 Most Projects involves a third party (the “Designer”) which delivers services through the Graphiq Platform. The Designer is bound by a contract to Graphiq.
2.1 Payment is done according to agreed pricing in the Project Brief
2.2 The agreed amount is paid upon delivery of the finished product, and are due 7 days from the invoice date. After maturity accrue statutory interest on arrears.
2.3 If the Project is terminated after two weeks since agreement or later, 100 % of the agreed project price shall be paid. Rights to sketches, drafts and other material accrues Designer to this point.
2.4 When collaboration with a designer through the Graphiq Platform, the designer is never viewed as an employee of Graphiq Technologies AS. The designer works as a sub-contractor of Graphiq Technologies AS.
3.1 The “User” acquires the right to the product when the agreed amount is paid.
3.2 Designer retain ownership of all originals, digital as well as analog, and other production material. Graphiq and the Designer is entitled to use the documents in their own marketing.
4.1 All parties are obliged to comply with copyright law. All parties shall maintain secrecy about commercial and business matters.
4.2 Both customers and designers that are introduced to each other by Graphiq are committed to run future collaborations through Graphiq’s platform. Customers and designers are of course free to collaborate with other third parties outside Graphiq’s platform.
5.1 The parties will indemnify each other for claims arising from infringement of others' rights resulting from the use of material that one of the parties has brought into project.
5.2 Neither party shall in no event be liable to the other party for damage to their own property or employees, or any other special, incidental or consequential damages, or any consequential damages, except if damage is a result of the other party's gross negligence or willful act.
6.1 Disputes about the interpretation of this agreement will be resolved pursuant to Norwegian law, with unless both parties agree otherwise. The parties accept Graphiq’s home court as the sole venue.
7.1 In case of material breach, including, but not limited to, substantial or persistent breach of the confidentiality obligation or duty to protect trade secrets, the affected party may terminate the contract provided that the defaulting party has failed to cure such breach within 30 days of written notice given. Termination may still happen immediately upon written notice if the breach is of a nature that is impossible to rectify.
7.2 Common rules regarding force majeure applies to all parties.
7.3 In the event of entitlement to compensation for breach of contract, apply ordinary liability rules.