General Terms and Conditions

1. Defenition

In these General Terms and Conditions the following definitions apply: Aw: Copyright Act 1912 Photographic work: photographic works as referred to in Article 10, paragraph 1, sub 9 of the Aw, or other works within the meaning of the Aw, which can be equated with the photographic works in question. . Photographer: the user within the meaning of art. 6:231 BW. Other Party: the other party within the meaning of art. 6:231 BW. Use: reproduction and/or publication within the meaning of Article 1 jo. 12 and 13 Aw.
3.2 Necessary costs and/or additional work must be reimbursed by the Other Party.

2. Appliance

These General Terms and Conditions apply to all legal relationships between a Photographer and an Other Party, including quotations, order confirmations and oral or written agreements, even after termination of an agreement, unless the parties have expressly deviated from these terms and conditions in writing.

3. Compensation

3.1 If the parties have not agreed on a fee, the Photographer will determine the fee unilaterally and in accordance with reasonableness and fairness, taking into account the size and scope of the use of the work desired by the Other Party.

3.2 Necessary costs and/or additional work must be reimbursed by the Other Party.

4. Invoice and payment

4.1 Payment must be made within 14 days of the invoice date.

4.2 If the Photographer has not received the amount due within the period referred to in 4.1, the Other Party is liable to pay statutory interest plus 7% on the invoice amount.

4.3 If the Other Party is in default or has otherwise failed to fulfill one or more of its obligations, including copyright infringement, all costs incurred by the Photographer in obtaining satisfaction in and out of court will be borne by the Other Party. .

4.4 No use of the Photographic Work in any way whatsoever is permitted as long as the Other Party has not yet paid any outstanding invoice from the Photographer.

5. Complaints

Complaints regarding the work delivered must be communicated to the Photographer in writing/by email as soon as possible, but in any case within ten working days after delivery of the Photographic Works. The Photographer has the right to deliver good work for rejected work within a reasonable period, unless this would lead to disproportionate damage for the Other Party.

6. Assignments

6.1 The client makes specific wishes that are important for the execution of the assignment known to the photographer in writing in a timely manner before the start of the assignment.

6.2 The Photographer carries out the assignment according to his own technical and creative insight and makes every effort to meet specific wishes of the client as referred to in the previous paragraph.

6.3 The assignment can at all times be regarded as an obligation of best efforts, not an obligation of results.

6.4 Changes to the assignment by the Other Party for whatever reason will be borne by the Other Party and will only be carried out by the Photographer after a separate quotation for additional costs has been signed for approval by the Other Party and returned to the Photographer.

6.5 In the event of cancellation of an assignment agreement by the Other Party at any time and for any reason, the Photographer is entitled to the agreed compensation. In the event of cancellation, the non-professional client is only owed a reasonably determined part of the fee, taking into account the work already performed.

7. Deliveries

Files are delivered in the agreed format and file type.

8. Illness/force majeure

8.1 The Photographer is not liable for failure to fulfill his obligations or failure to fulfill them on time as a result of force majeure.

8.2 Force majeure means, in addition to what is understood in this regard in law and case law, all external causes, foreseen or unforeseen, over which the Photographer has no influence and as a result of which he is unable to fulfill his obligations, including illness and temporary and permanent disability.

8.3 In the event of force majeure, the Photographer’s obligations can be taken over by a fellow Photographer, in consultation with the client. This is designated by the Photographer.

8.4 If the Photographer has already partially fulfilled his obligations when the force majeure occurs or will only be able to partially fulfill his obligations, he is entitled to separately invoice the part of the services already provided, including the expenses incurred, and the client is obliged to pay these separately. to pay the invoice.

9. Copyright

The copyright on the Photographic works rests with the photographer.

10. License

10.1 Permission for the use of a Photographic Work by the Other Party is only granted in writing/by email and in advance in the form of a license as described by the Photographer in terms of nature and scope in the quotation and/or order confirmation and/or the subsequent supervisory invoice.

10.2 If nothing has been determined regarding the scope of the license, it shall never include more than the right to one-time use, in unchanged form, for a purpose, circulation and manner as agreed by the parties when entering into the agreement in accordance with the concept of the Photographer, have meant.

10.3 Exclusive exploitation must always be explicitly agreed in writing and is not covered by the exploitation right referred to in Article 10.2.

10.4 The Other Party is not permitted to transfer the exploitation right described in this article to third parties without the prior written permission of the Photographer.

10.5 Unless otherwise agreed, the Other Party is not authorized to grant sublicenses to third parties.

11. Copyright infringement

11.1 Any use of a Photographic Work that has not been agreed is considered an infringement of the Photographer’s copyright.

11.2 In the event of infringement, the Photographer will be entitled to compensation amounting to at least three times the license fee usually charged by the Photographer for such a form of use, without losing any right to compensation for other damage suffered (including the right to compensation for all direct and indirect damage and all actual judicial and extrajudicial costs).

12. Attribution and Personality Rights

12.1 The name of the Photographer must be clearly stated next to a Photographic Work used, or included in the publication with a reference to the Photographic Work.

12.2 When reproducing and publishing a Photographic Work, the Other Party shall at all times take into account the personality rights of the photographer in accordance with Article 25 paragraph 1 sub c and d Aw.

12.3 For any infringement of the personality rights accruing to the Photographer under Article 25 of the Copyright Act, including the right to name mention, the Other Party owes compensation of at least 100% of the license fee usually charged by the Photographer, without losing any right to compensation for other damage suffered (including the right to compensation for all direct and indirect damage and all actual judicial and extrajudicial costs).

13. Liability and rights of third parties

13.1 The Photographer is authorized to enter into this Agreement and grant the aforementioned License.

13.2 The Photographer is not liable towards the Other Party for claims from third parties and/or damage arising from the exploitation and publication of the Work, unless there is gross negligence or intent on the part of the Photographer.

13.3 The Photographer’s liability is in any case limited to the amount of the invoice or, if and insofar as there is insured damage, to the amount of the amount actually paid out under the insurance.

13.4 If third parties announce or bring a claim against the Photographer and/or Other Party with regard to the Work, the Other Party and the Photographer will determine in mutual consultation whether they will defend this and how this will be done.