Terms and Conditions
These Terms and Conditions apply to all photography and creative services provided by the Photographer (hereinafter referred to as “the Photographer”) to any client (hereinafter referred to as “the Client”).
By commissioning or using the Photographer’s work, the Client agrees to be bound by these Terms and Conditions, unless otherwise agreed in writing.
By commissioning or using the Photographer’s work, the Client agrees to be bound by these Terms and Conditions, unless otherwise agreed in writing.
1. DEFINITIONS
In these Terms and Conditions, the following definitions apply:
Copyright Act (Aw): Dutch Copyright Act 1912.
Photographic Work: Any photographic works as defined in Article 10(1)(9) of the Copyright Act, or other works comparable under the Act.
Image Carrier: Any medium on which a Photographic Work is recorded (whether visible or not), such as slides, negatives, prints, duplicates, polaroids, CD-ROMs, DVDs or memory sticks.
Photographer: The service provider or “user” as defined in Article 6:231 of the Dutch Civil Code.
Client: The contracting party as defined in Article 6:231 of the Dutch Civil Code.
Use: Any reproduction and/or publication as defined in Articles 1, 12 and 13 of the Copyright Act.
Photographic Work: Any photographic works as defined in Article 10(1)(9) of the Copyright Act, or other works comparable under the Act.
Image Carrier: Any medium on which a Photographic Work is recorded (whether visible or not), such as slides, negatives, prints, duplicates, polaroids, CD-ROMs, DVDs or memory sticks.
Photographer: The service provider or “user” as defined in Article 6:231 of the Dutch Civil Code.
Client: The contracting party as defined in Article 6:231 of the Dutch Civil Code.
Use: Any reproduction and/or publication as defined in Articles 1, 12 and 13 of the Copyright Act.
2. APPLICABILITY
These Terms and Conditions apply to all legal relationships between a Photographer and a Client, including offers, order confirmations, and verbal or written agreements, even after termination of an agreement, unless expressly agreed otherwise in writing.
3. QUOTATIONS
All quotations are entirely without obligation unless expressly stated otherwise.
The Photographer reserves the right to withdraw any offer within two working days of acceptance.
A quotation does not oblige the Photographer to deliver part of the service for a proportional fee.
The Photographer reserves the right to withdraw any offer within two working days of acceptance.
A quotation does not oblige the Photographer to deliver part of the service for a proportional fee.
4. FEES
4.1 If no fee has been agreed upon, the Photographer’s usual rates apply.
4.2 If there is no standard fee available, the Photographer will determine a fair and reasonable fee, taking into account:
market rates for comparable assignments and clients,
what has previously been considered fair and reasonable in similar cases,
rates charged by photographers in neighbouring countries,
and the extent and purpose of the Client’s intended use.
4.3 If the Photographer incurs additional reasonable costs or performs extra work, these shall also be reimbursed by the Client.
5. INVOICING AND PAYMENT
5.1 The Client must check each invoice for errors. If no written objection is made within 5 working days (with valid legal grounds), the invoice is considered final and binding.
5.2 Payment must be made within seven days of the invoice date, unless agreed otherwise.
5.3 Payments must be made in full, without deduction or offset, except for recognised advance payments.
5.4 If payment is not received within the stated period, the Client will be in default and liable for statutory interest plus 2%.
5.5 All collection costs (including legal and extrajudicial costs) will be borne by the Client in case of default or breach, including copyright infringements.
5.6 No use of any Photographic Work is permitted as long as any invoice remains unpaid or other obligations to the Photographer are not fulfilled.
5.7 If payment remains outstanding, the Photographer may transfer the claim to a collection agency. All resulting costs will be charged to the Client.
6. AUDIT RIGHTS
6.1 If the Photographer’s fee depends on data from the Client’s records, the Photographer may appoint a certified accountant to verify those records.
6.2 If the audit reveals a discrepancy greater than 2%, all audit costs will be paid by the Client, in addition to any unpaid fees.
7. SAMPLE COPIES
When a Photographic Work is published, the Client must promptly provide the Photographer with a complimentary copy of the publication.
8. DELIVERY
8.1 Image Carriers are delivered from the Photographer’s business location. All risk passes to the Client upon dispatch.
8.2 Digital files are delivered by mutual agreement and are at the Client’s risk from the moment of dispatch.
8.3 If no delivery time has been agreed, the Photographer will determine a reasonable timeframe.
8.4 If early delivery is requested, the Photographer may increase the agreed fee by at least 50%.
8.5 Each delivery, including partial deliveries, may be invoiced separately.
9. COMPLAINTS
Complaints must be submitted in writing within ten working days of delivery.
The Photographer may replace defective work within a reasonable time unless this would cause disproportionate harm to the Client.
The Photographer may replace defective work within a reasonable time unless this would cause disproportionate harm to the Client.
10. OWNERSHIP OF IMAGE CARRIERS
10.1 Unless agreed otherwise, all Image Carriers must be returned to the Photographer immediately after use.
10.2 Digital files must be deleted or destroyed immediately after the agreed use.
10.3 Image Carriers not returned within four weeks after the agreed period are considered lost.
10.4 The Client is liable for any damage or loss of Image Carriers.
10.5 Image Carriers remain the property of the Photographer unless otherwise agreed in writing.
11. PREVIEWS
11.1 Preview Image Carriers that are not used must be returned within ten working days.
11.2 Digital previews not used must be deleted or destroyed within ten working days.
11.3 Retaining materials beyond the agreed period will result in compensation owed to the Photographer.
11.4 The Client must not retain or reproduce any duplicates or copies in any form.
12. RESTORATION COSTS
If codes or labels on Image Carriers become unreadable or disappear while in the Client’s possession, the Photographer may charge the Client for restoration costs.
13. ASSIGNMENTS
13.1 An assignment is an agreement under which the Photographer undertakes to create and/or deliver Photographic Works.
13.2 An agreement is established when the Client accepts the Photographer’s quotation, or when the Client knowingly allows the Photographer to begin the work.
13.3 The Photographer retains full technical and creative freedom unless explicitly agreed otherwise.
13.4 Changes requested by the Client during the assignment will be executed only after written approval of the additional costs.
13.5 In case of cancellation by the Client, the agreed fee remains due minus any unincurred expenses.
13.6 The Photographer is free to choose suppliers or collaborators unless otherwise agreed.
14. INTERNET USE
14.1 For online use, the displayed size of the image may not exceed 800 x 600 pixels.
14.2 The Client may not create additional copies other than strictly necessary for agreed use, and must delete all copies after use.
14.3 The Photographer must be granted free access to any web page where the work appears.
14.4 Online license is allowed for maximum use of 4 years.
15. COPYRIGHT
All copyrights to Photographic Works remain with the Photographer.
16. LICENSE
16.1 Permission to use a Photographic Work is granted only in writing, in the form of a license as described in the quotation or invoice.
16.2 If not otherwise specified, the license covers only one-time use, in unchanged form, for the agreed purpose.
16.3 Only rights explicitly stated or necessary for the purpose of the agreement are granted.
16.4 Any manipulation or alteration requires prior written approval.
17. SUBLICENSES
The Client may not issue sublicenses to third parties unless explicitly agreed.
18. COPYRIGHT INFRINGEMENT
18.1 Any unauthorised use of a Photographic Work is considered copyright infringement.
18.2 In case of infringement, the Photographer is entitled to compensation of at least three times the normal license fee, plus any additional direct or indirect damages and legal costs.
19. CREDIT / AUTHORSHIP
19.1 The Photographer’s name must always be clearly credited with any published image.
19.2 Failure to credit entitles the Photographer to compensation of at least 100% of the normal license fee, plus any additional damages.
19.3 The Client must ensure that the Photographer’s name and metadata (EXIF, IPTC, XMP, ICC) remain intact in all digital reproductions.
20. MORAL RIGHTS
20.1 The Client must always respect the Photographer’s moral rights under Article 25 of the Copyright Act.
20.2 Violation of these rights entitles the Photographer to compensation of at least 100% of the normal license fee, plus additional damages.
21. THIRD-PARTY RIGHTS
21.1 The Client is solely responsible for obtaining any necessary permissions from persons depicted or other rights holders. The Client indemnifies the Photographer from all related claims.
21.2 The Photographer will reasonably assist in identifying such persons if required.
22. LIABILITY
The Photographer is not liable for any damage suffered by the Client unless caused by gross negligence or intent.
Liability is limited to the invoice amount, or, where applicable, to the amount paid out by insurance.
Liability is limited to the invoice amount, or, where applicable, to the amount paid out by insurance.
23. BANKRUPTCY OR SUSPENSION OF PAYMENT
Either party may terminate the agreement immediately in the event of bankruptcy or suspension of payment of the other party.
In case of the Client’s bankruptcy, the Photographer may terminate the license unless this would be unreasonable.
In case of the Client’s bankruptcy, the Photographer may terminate the license unless this would be unreasonable.
24. GOVERNING LAW AND JURISDICTION
24.1 All matters covered by these Terms and Conditions are governed by Dutch law.
24.2 The Vienna Sales Convention (CISG) does not apply.
24.3 Any disputes shall be submitted exclusively to the competent court in the Netherlands.
24.2 The Vienna Sales Convention (CISG) does not apply.
24.3 Any disputes shall be submitted exclusively to the competent court in the Netherlands.