TERMS AND CONDITIONS

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Article 1. Definitions

Dutch law applies to all legal relationships between Otmar Photography and the client.

 

In these general terms and conditions the following definitions apply:

1. Quotation: all offers from the photographer to (legal) persons with whom it is intended to enter into an agreement.

2. Agreement: the assignment agreement between Otmar Photography (hereinafter: photographer) and the (legal) person or persons with whom the agreement is concluded (hereinafter: client).

3. Assignment: the service or product that will be delivered by the photographer.

4. Photographer: Otmar Photography, Chamber of Commerce 75864940, also user of these general terms and conditions and contractor.

5. Client: the person or persons with whom the photographer has concluded the agreement, also the acceptor of these general terms and conditions.

6. Cancellation: termination or dissolution of the agreement.

7. In writing: where these general terms and conditions refer to 'in writing', this also includes electronic communication such as e-mail, provided that the identity of the sender and the authenticity of the communication are sufficiently established. The burden of proof regarding receipt of electronic communication lies at all times with the client.

8. Use: reproduce and/or publish within the meaning of the Copyright Act 1912

9. Aw: Copyright Act 1912

 

Article 2. Application

1. These general terms and conditions apply to all legal relationships between photographer and client, as well as to all quotations, offers and agreements.

2. Provisions or conditions set by the client that deviate from, or do not appear in, these general terms and conditions are only binding for the photographer if and insofar as they have been expressly accepted in writing by the photographer.

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Article 3. Offer

1. Photographer makes an offer in the form of a quotation or price list

2. Acceptance of the offer takes place in writing.

3. Unless otherwise agreed, the offer loses its validity 14 days after the date of dispatch by the photographer.

4. Quotations in offers and quotations may be subject to change due to (unforeseen) changes in the work or the price increase of the raw materials. Photographer will inform client of this as soon as possible.

5. For new agreements or additions to this agreement, the photographer will make a new offer or quotation.

 

Article 4. Acceptance of the assignment

1. The Client must accept the offer explicitly and in writing. If the client fails to do so, but nevertheless agrees, or at least gives the impression, that the photographer performs work within the framework of the agreement, the offer is considered accepted.

2. The offer is also considered accepted as soon as the down payment has been made.

3. The photographer reserves the right to refuse an assignment if new information becomes available after acceptance that makes the execution unacceptable for the photographer.

4. After acceptance, the agreement can only be changed by mutual consent. In that case, the Photographer is entitled to adjust the fee payable for the agreement.

 

Article 5. Execution of the assignment

1. The Photographer will carry out the assignment to the best of his knowledge and ability and in accordance with the requirements of good workmanship, in the style and quality in which the Photographer usually works.

2. Photographer will make every effort and will act to the best of his ability in the given and existing circumstances during the execution of the assignment.

3. The photographer delivers the images in his usual style and quality, with professional post-processing on color, contrast, brightness and cropping, among other things. Photographer will emphatically not apply post-processing to existing elements, such as removing these elements or applying extreme post-processing, such as changing body proportions.

4. Additional post-processing is possible after consultation and against additional payment.

5. All photos are delivered in color. Photos that, in the opinion of the photographer, look better in black and white, will also be delivered in black and white.

6. Unless there is a case of force majeure, in the event of unforeseen circumstances on the part of the photographer, as a result of which the photographer is unable to fulfill the agreement in person, the photographer will, insofar as reasonably possible, provide a replacement photographer with a similar style.

   

Article 6. Obligations of the client

1. The client undertakes to make the circumstances as favorable as possible for the photographer and to take measures where necessary.

2. The client is obliged to do everything that is reasonably necessary and desirable to enable a timely and correct execution of the assignment, including but not limited to making a day schedule available to the photographer in good time, including but not limited to information from the locations and necessary telephone numbers, including that of the master of ceremonies.

3. The client must ensure suitable photo locations, whereby the client must also ensure access to that location and permission to take photographs at that location. If this involves costs, these are for the account of the client.

 

Article 7. Delivery

1. Unless otherwise agreed, the photographer only uses estimated delivery times.

2. Photographer delivers photos in high resolution jpg. Photographer never supplies source files or raw files.

3. The photographer delivers the number of photos as agreed, with the photographer taking care of the selection of the photos. Photos outside this selection will never be delivered to the client.

4. Photos will be delivered digitally via a secure link, unless otherwise agreed.

5. Photographer reports in advance of products with a longer delivery time. The estimated delivery time of these products will be communicated to the client by e-mail.

 

Article 8. Compensation

1. If no fee has been agreed upon by the parties, the fee customarily used by the photographer will apply.

2. If it is not possible to speak of a usual fee, the photographer charges a reasonable and fair fee for the goods delivered.

3. If it is plausible that the photographer has incurred higher costs and/or has performed additional work, which were reasonably necessary, the photographer will pass this on to the client.

4. The final fee is based on work performed and costs incurred on the basis of subsequent calculation with due observance of the prices customarily charged by the photographer.

5. All amounts stated by the photographer include VAT, unless agreed otherwise.

 

Article 9. Terms of payment

1. The photographer will send an (electronic) invoice to the client for the amount owed by the client, unless agreed otherwise.

2. Unless otherwise agreed, the payment term is 14 days after the invoice date.

3. The invoice regarding the down payment of the assignment must in any case be paid prior to the start of this assignment.

4. The deposit also serves as a final reservation of the date and reimbursement of the costs and work in the run-up to the assignment on the agreed date.

5. The final invoice must be paid upon or before delivery of the photo files.

 

Article 10. Cancellation and suspension

1. If an invoice is not paid within the payment term, the photographer can, after informing the client, suspend all his work for the benefit of the client until the amount of the invoice has been paid.

2. If the client does not provide the necessary information for the execution of the assignment in time or fails to be present (on time), while this is necessary for the execution of the assignment, the photographer is entitled to suspend or dissolve the agreement.

3. Suspension or dissolution of the agreement shall be effected in writing.

4. In the event of dissolution of the agreement by the client, the photographer will charge 25% of the agreed total price. 

5. The payment obligation also applies if the client does not wish to make use of the work or products produced or to be produced in the context of the agreement, including but not limited to the album. In such a case, the Client is not entitled to a discount or refund.

6. If the agreement is amended or supplemented, the photographer is entitled to adjust and increase the price accordingly.

7. If an invoice is not paid within the payment term, the statutory interest and collection costs are due on the outstanding invoice amount without further notice of default by the photographer.

 

Article 11. Complaints

1. Complaints about the implementation of the agreement and/or objections to an invoice must be submitted to the photographer in writing within seven working days of the invoice date. Complaints about delivered products must be submitted to the photographer in writing within five working days after receipt of these products.

2. Complaints after the term referred to in paragraph 1 will no longer be processed.

3. Submitted complaints or objections do not suspend the payment obligation.

  

Article 12. Copyright

1. Each agreement also includes the license described in this article with regard to the photographic work of the photographer, unless agreed otherwise.

2. The copyright as well as other intellectual property rights on all works developed or made available in the context of the assignment rests with the photographer.

3. The client is not entitled to reproduce or publish the work outside the domestic circle, unless otherwise agreed.

4. The Client may reproduce photos for its own use. However, the Client may not change or edit the photos.

5. Clients obtain a license for the publication of the photos on social media, provided that the name of the photographer is mentioned.

6. Unless otherwise agreed, the Client is not authorized to grant sub-licences to third parties, nor to transfer its own licence.

7. The client must observe the personality rights of the photographer, as stated in Article 25 of the Aw.

8. Any use of a photographer's work that is not agreed upon is considered an infringement of the photographer's copyright.

9. In the event of infringement of the photographer's copyright and/or personality rights, the photographer will charge three times the usual license fee for such a case, as compensation for the damage suffered.

10. Compensation does not entitle you to further use of the photographer's work.

 

Article 13. Portrait right

1. Photographer reserves the right to use the works for its own promotional purposes and publications, including, but not limited to, website and weblog, portfolio, social media, magazine articles, in printed matter and exhibition material.

2. Photographer reserves the right to license the works to third parties for promotion.

3. Objections to the publication of portraits must be made known to the photographer in writing prior to the agreement.

4. Deviating agreements are recorded in writing.

 

Article 14. Liability

1. The photographer is not liable for any damage caused to the client, unless there is intent or gross negligence on the part of the photographer or his representatives.

2. Photographer is not liable for any damage or missing photos when it appears that photography is not allowed at a location.

3. The photographer is not liable for disappointing quality if the client has not complied with the provisions in these general terms and conditions, including but not limited to the occurrence that third parties flash during important photo moments or the annoying presence of third parties, including other professional photographers or videographers.

4. Photographer is not liable for color deviations on non-calibrated screens or prints not supplied by photographer.

5. The liability never exceeds the amount of the invoice.

 

Article 15. Privacy (GDPR)

1. Otmar Photography will collect personal data (name,email, phone number andaddresses) of the client for any other purpose than for which they were obtained.

2. For the purpose of publishing the photos on Otmar Photography's own website, only the first name or first names, but never the surnames, will be published, unless otherwise agreed.

3. Otmar Photography will, to the exclusion of what is regulated in paragraphs 1 and 2, not share or publish personal data with third parties, unless they themselves are made public on the website or social media accounts of Otmar Photography or when permission has been obtained for this.

4. Personal data is stored securely under private accounts with a password.

5. Personal data will not be stored for longer than 7 years at Otmar Photography for the tax authorities (required by law).

6. Otmar Photography treats your data confidentially. This is only visible to Otmar Photography.

 

Article 16. Changes to these general terms and conditions

1. Photographer reserves the right to change or supplement these terms and conditions.

2. Changes will be communicated by the photographer to the client in a timely manner and in writing.

3. If the client does not want to accept a proposed change, it can terminate the agreement by this date until the date on which the new general terms and conditions come into force.

 

Article 17. Choice of law and forum

1. If a provision of the agreement and/or the general terms and conditions proves to be void or voidable, the other provisions and the agreement will remain in effect.

2. Dutch law applies to all legal relationships between the photographer and the client.

 

Otmar Photography

February 2020 , Meerssen.

 

Chamber of Commerce: 75864940  |  VAT ID: NL001808086B19