Terms & conditions

The following provisions (hereinafter referred to as the “Terms and Conditions”) are intended to govern the legal relations between the represented Creative, Mellow Collective and the respective Clients in a binding manner, unless other agreements have been expressly made for specific cases.

Any Booking Agreement entered into with Mellow Collective is subject to the provisions of these Terms and Conditions. Mellow Collective shall make declarations to the Client in the name and on behalf of the represented Creative. Such agreement shall hereinafter be referred to as the “Booking Agreement”.

The Parties agree that the Booking Agreement takes precedence over any other agreement between Mellow Collective and the Client, including but not limited to other service contracts. In case of discrepancy between the Booking Agreement and the Terms and Conditions, the Booking Agreement takes precedence.

1. Company information

Mellwest AB is a Swedish company with organization number 559406-9170, hereinafter referred to as “Mellow Collective”.

2. Booking fees

2.1. Booking fee

Unless agreed otherwise and included on the booking confirmation, booking fees provide an entitlement and right for the client to use all material via a single published medium for one year from the date of the booking for the initial permitted use.

2.2. Daily/hourly rate

Standard rates are charged during Monday to Friday between 08:00 and 17:00 or 09:00 and 18:00 excluding public holidays. Any booking which is over 5 hours will be charged at the day rate. Booking fees are charged by the day or by the hour, or on an alternative basis, for example a set fee.

2.3. Overtime

Overtime rates may apply at any time in excess of any 8 hour period including any time outside 08:00 and 17:00 or 09:00 and 18:00. In case of overtime pay the Client will be charged by the hour rate, which shall be negotiated by the Agency and the Client.

2.4. Travel

When working in Sweden, the customer pays travel and accommodation including taxis.

When traveling by car, mileage will be charged according to the Swedish state current tariffs. If the represented Creative has a long journey a travel time allowance may sometimes be charged.

For assignments outside Sweden the customer pays for flight, boat, or train tickets and the cost of hotels, taxis, luggage, meals and vaccinations.

3. Client cancellation

Cancellation of confirmed Creative within 48 hours of the booking will be charged at 100% of the agreed job fee. 75% will be charged if booking is canceled within 7 days prior to the job. The client will pay for any related costs that have been confirmed prior to cancellation, such as flight, accommodation etc.

4. Agency cancellation

The agency will be entitled to cancel a booking for any reason prior to the booking date without liability to the client. The agency will take all reasonable steps to provide notice to the client if such an event occurs and will offer a substitute whenever possible.

5. Usage

Usage rights are limited to the rights specified and agreed with Mellow Collective and may not be extended nor exceeded without further negotiations with the agency. Mellow Collective has the right to use all material licensed by a Creative represented by the agency for the agency website and social media, unless otherwise agreed at the time of the booking.

6. Invoicing

Invoices are to be paid within 30 days of invoicing, unless otherwise agreed with the agency. In the case of a client failing to pay the invoice before the stated due date, an additional reminder fee and late payment interest rate of 8% will be added to the invoice. VAT is added to the total sum of the entire invoice.

7. Health and safety

The client must comply with all health and safety regulations on set required by Swedish law.

8. Liability and Insurance

In the event that Mellow is unable to live up to the obligations under the Booking Agreement, or in any other way is in breach with the Booking Agreement, the total liability cannot exceed an amount higher than the booking fee as well as any incurred travel expenses.

Mellow Collective cannot be held liable for: loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings; product recall costs, failure

by the Creative to attend a booking for whatever reason; damage to the Client’s reputation; or consequential, special or indirect loss or damage; even if the Mellow Collective has been advised of the possibility of such loss or damage. The client shall effect and maintain insurance policies which provide appropriate coverage adequate enough to cover all liabilities and risks of the client that may arise under these terms and conditions.

9. Newsletter

By entering into a booking agreement with Mellow Collective you accept to be enrolled into our newsletter on email. You can freely opt-out of the newsletter anytime, just follow the instructions in the email. We only send you relevant newsletters related to the services you previously have booked with Mellow Collective.