1. Definition
In these General Terms and Conditions, the following terms are understood to mean:
- Aw: Copyright Act 1912
- Photographic work: photographic works as defined in Article 10, paragraph 1, sub 9 Aw, or other works in the sense of the Aw, which can be equated with the aforementioned photographic works.
- Photographer: the user in the sense of Art. 6:231 BW.
- Counterparty: the counterparty in the sense of Art. 6:231 BW.
- Use: reproduction and/or publication in the sense of Articles 1 jo. 12 and 13 Aw.
2. Application
These General Terms and Conditions apply to all legal relationships between a Photographer and a Counterparty, including offers, order confirmations, and oral or written agreements, even after the termination of an agreement, unless the parties have explicitly deviated from these terms in writing.
3. Compensation
3.1 If the parties have not agreed on a fee, the Photographer will determine the fee unilaterally and reasonably, taking into account the scope and extent of the use of the work desired by the Counterparty.
3.2 Necessary costs and/or additional work must be reimbursed by the Counterparty.
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 owed within the period specified in 4.1, the Counterparty owes the statutory interest plus 2% on the invoice amount.
4.3 If the Counterparty is in default or otherwise fails to fulfill one or more of its obligations, including copyright infringement, all costs incurred by the Photographer to obtain satisfaction in and out of court are for the account of the Counterparty.
4.4 No use of the Photographic work in any way is permitted as long as the Counterparty has not settled any outstanding invoice from the Photographer.
5. Complaints
Complaints regarding the delivered work must be reported 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 within a reasonable period instead of the rejected work, unless this would cause disproportionate damage to the Counterparty.
6. Assignment
6.1 The client must specify specific wishes that are important for the execution of the assignment in writing to the photographer in good time before the start of the assignment.
6.2 The Photographer will execute the assignment according to his own technical and creative insight and strives to meet the specific wishes of the client as mentioned in the previous paragraph.
6.3 The assignment is always considered an obligation to perform, not an obligation to achieve a result.
6.4 Changes to the assignment by the Counterparty for any reason are at the Counterparty’s expense and will only be carried out by the Photographer after a separate quotation for additional costs has been signed by the Counterparty and returned to the Photographer.
6.5 In case of cancellation of an assignment agreement by the Counterparty at any time and for any reason, the Photographer is entitled to the agreed fee. In case of cancellation, the non-professional client only owes a reasonably determined part of the fee, taking into account the work already performed.
7. Delivery
Files are delivered in the agreed format and file type.
8. Illness/Force Majeure
8.1 The Photographer is not liable for not or not timely fulfilling his obligations due to force majeure.
8.2 Force majeure includes, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, over which the Photographer has no influence and which prevent him from fulfilling his obligations, including illness and temporary and permanent disability.
8.3 In case of force majeure, the Photographer’s obligations can be taken over by a colleague-Photographer in consultation with the client. This colleague will be appointed by the Photographer.
8.4 If the Photographer has already partially fulfilled his obligations when the force majeure occurs or will be able to only partially fulfill his obligations, he is entitled to invoice the already delivered part of the services including the incurred costs separately, and the client is obliged to pay this invoice.