General Terms and Conditions
In these General Terms and Conditions the following terms have the following meanings: Aw: Copyright Act 1912 Photographic work: photographic works as referred to in Article 10 paragraph 1 sub 9 Aw, or other works within the meaning of the Aw, which are in line with the photographic works referred to can be made. Photographer: the user within the meaning of art. 6: 231 BW. Counterparty: the counterparty within the meaning of art. 6: 231 BW. Use: reproduction and / or publication within the meaning of Article 1 in conjunction. 12 and 13 Aw.
These General Terms and Conditions apply to all legal relationships between a Photographer and a Other Party, including quotations, order confirmations and oral or written agreements, even after the termination of an agreement, unless the parties have explicitly deviated from these conditions in writing.
3.1 If the parties have not agreed on a fee, the Photographer will determine the fee unilaterally and in 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 10 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 owes the statutory interest to be increased by 2% on the invoice amount.
4.3 If the Other Party is in default or otherwise fails in the fulfillment of one or more of its obligations, including a copyright infringement, all costs incurred by the Photographer to obtain satisfaction in and out of court will be borne by the Counterparty.
4.4 No use of the Photographic Work in any way is permitted, as long as the Other Party has not yet paid any outstanding invoice from the Photographer.
Complaints regarding the delivered work 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 of time, unless this would lead to disproportionate damage for the Other Party.
6.1 The Photographer has the right to perform everything that is not expressly described in an assignment agreement according to his own technical and creative insight.
6.2 Changes to the assignment by the Other Party for whatever reason are for the account of the Other Party and will only be carried out by the Photographer after a separate offer of additional costs that has been signed for approval by the Other Party and has been returned to the Photographer.
6.3 In the event of cancellation of an assignment agreement by the Other Party at any time and for whatever reason, the Photographer is entitled to the agreed compensation. In the event of cancellation, the non-professional client will only owe a reasonably determined part of the compensation, taking into account the work already performed.
The copyright to the Photographic Works rests with the photographer. Editing the photos in any way (including removing or making the logo unrecognizable) is not permitted without written permission from Bellavie PhotoArt.
8.1 Permission for 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 in nature and scope by the Photographer in the offer and / or the order confirmation and / or the supervised invoice.
8.2 If nothing has been determined regarding the scope of the license, it applies that it never includes more than the right to one-time use, in unaltered form, for the purpose, circulation and manner as parties when entering into the agreement in accordance with the concept of the Photographer intended.
8.3 Exclusive exploitation must always be explicitly agreed in writing and does not fall under the exploitation right referred to in Article 8.2.
8.4 The Other Party is not permitted to transfer the exploitation right described in this article to third parties, unless the Photographer has given his prior written permission.
8.5 Unless otherwise agreed, the Other Party is not authorized to grant sublicenses to third parties.
9. Copyright Infringement
9.1 Any use of a Photographic Work that has not been agreed upon will be deemed an infringement of the Photographer’s copyright.
9.2 In the event of infringement, the Photographer will be reimbursed at least three times the license fee customarily used by the Photographer for such 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).
10. Attribution and Personality Rights
10.1 The name of the Photographer must be clearly stated with a Photographic work used, or included in the publication with a reference to the Photographic work.
10.2 The Other Party will at all times observe the personality rights of the photographer in accordance with Article 25 paragraph 1 sub c and d Aw when copying and publishing a Photographic Work.
10.3 For any violation of the personality rights accruing to the Photographer pursuant to Article 25 of the Copyright Act, including the right to mention the Other Party, the Other Party will owe a compensation of at least 100% of the license fee used 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).
11. Liability and rights of third parties
11.1 The Photographer is authorized to enter into this Agreement and grant the aforementioned License.
11.2 The Photographer is not liable to 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.
11.3 Photographer’s liability is in any case limited to the amount of the invoice amount, or, if and insofar as there is insured damage, to the amount of the sum actually paid out under the insurance.
11.4 If third parties announce or file a claim against the Photographer and / or the 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.
11.5 The Photographer is not responsible for damage caused during a photo shoot or for any subsequent damage resulting from this.
12. Bankruptcy / moratorium
Both the Photographer and the Other Party have the right to immediately terminate the agreement in case of bankruptcy or moratorium of payment of the other party. In the event of bankruptcy of the Other Party, the Photographer has the right to terminate the license provided.
13. Choice of law and forum
13.1 All cases in which these General Terms and Conditions apply are governed by Dutch law.
13.2 Any dispute regarding the text and explanation of these General Terms and Conditions and a legal relationship between the Photographer and the Other Party will be submitted to the competent court in the Netherlands.
8222 AG Lelystad