Terms and conditions Astrid Timmers Photography

GENERAL

Astrid Timmers Photography

Version: January 2022

Article 1. Definitions

In these General Terms and Conditions, the following definitions apply:

1. Quotation: all offers of Photographer to (legal) persons with which an agreement is intended to be entered into.
2. Agreement: the assignment agreement between Astrid Timmers Photography (hereinafter: Photographer) and the person or persons with whom the agreement is concluded (hereinafter: client)
3. Assignment: the service or product that will be provided by the photographer.
4. Photographer: Astrid Timmers Fotografie, also a user of these General Terms and Conditions
5. Client: the (legal) person or persons with whom the agreement has been concluded, also the acceptor of these General Terms and Conditions.
6. Cancellation: Termination or dissolution of the agreement.
7. Written: Where these General Terms and Conditions refer to ‘in writing’, this also means 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: reproduction and/or publication within the meaning of the Copyright Act 1912
8. Aw: Copyright Act 1912

Article 2. Application

1. These General Terms and Conditions form part of every Agreement with the Photographer.
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 explicitly accepted by the Photographer in writing.

Article 3. Offer

1. The Photographer draws up an Offer in which she indicates which service(s) and/or products will be delivered (hereinafter: the assignment) and what amount is due for this. Only the description of the assignment indicated in the Offer is binding.
2. An Offer loses its validity 5 days after the date of dispatch by the Photographer.
3. Quotations in Quotations may undergo changes due to (unforeseen) change in the work or price increase of the raw materials. Photographer will inform the client of this as soon as possible.

Article 4. Acceptance of the order

1. The Client must explicitly accept the offer. 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 will be considered accepted. The Offer is also considered accepted when the deposit has been completed.
2. Photographer reserves the right to refuse an assignment if after acceptance new information becomes available that makes execution unacceptable to the Photographer.
3. After acceptance, the Agreement may only be amended by mutual consent. In that case, the photographer is entitled to adjust the amount due for the Agreement.

Article 5. Execution of the assignment

1. 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 in which Photographer usually works.
2. The Client is obliged to do and refrain from doing all that is reasonably necessary and desirable to enable a timely and correct execution of the assignment.

Article 6. Archiving photos

1. The photographer ensures that the photos can be downloaded for the client. After delivery of the photos to the customer, the customer is responsible for storing the photos.
2. After delivery of the photos to the customer, the photographer keeps the photos in the archive for 60 days. After that, the photos are destroyed.

PHOTOSHOOTS

Article 7. Delivery

1. Unless otherwise agreed, the Photographer delivers the photos to a personal online gallery within three weeks after the photo shoot has taken place.
2. Files and photo prints will be delivered no later than two weeks after the last payment.
3. The 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.
4. Delivery takes place after consultation by post, or to the studio of the Photographer.
5. The photographer delivers the ordered photos of the photo reportage in high resolution without watermark.

Article 8. Compensation

1. If no compensation has been agreed by the parties, the fee usually used by the Photographer applies, as stated on its website.
2. If a customary fee will not be spoken of, the Photographer will charge a reasonable and fair fee for the delivered goods.
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. All amounts mentioned by the Photographer include VAT, unless otherwise agreed.

Article 9. Payment terms

1. The photographer will send an (electronic) invoice to the client for the amount owed by the client, unless otherwise agreed.
2. If nothing has been agreed on the payment term, the payment term is 5 days after the invoice date.

Article 10. Cancellation and Suspension

1. If an invoice is not paid within the payment term, the Photographer can, after client Astrid Timmers Photography | Eindhoven | The Chamber of Commerce 53937074 has been informed of this, suspend all its activities on behalf 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 (in time), while this is necessary for the execution of the assignment, the Photographer is entitled to suspend or suspend the agreement. disband.
3. Suspension or dissolution of the agreement takes place in writing.
4. The Agreement may be cancelled up to three days before the photo shoot without further costs.
5. Payment obligation also applies if the client does not wish to make use of the work or products manufactured in the context of the agreement.
6. If the client does not cancel the assignment or does not cancel it at least three days in advance, the client will still owe the amount mentioned in the accepted quotation and / or agreement and any travel costs.
7. If an invoice is not paid within the payment term, the statutory interest is due on the outstanding invoice amount without further notice of default by the Photographer.
8. In the event that the photo shoot would take place outside, it can be decided in consultation up to three days in advance to have the photo shoot take place at another time while retaining the agreement.
9. If, in the case of a maternity photo shoot, the delivery takes place earlier than the date on which the photo shoot would take place, the agreement will be dissolved.
10. If due to circumstances and after consultation the photo shoot will take place on a different date, this must be done within one month after the original date.
11. If a new date is not possible within one month and this situation is entirely attributable to the Photographer, the agreement will be dissolved and the deposit will be reimbursed by the Photographer.
12. In the event of a justified compensation of the deposit, this will be done by the Photographer within 14 days after dissolution of the agreement.

Article 11. Complaints

Complaints about the execution of the agreement and/or objections to an invoice must be submitted to the Photographer in writing within two weeks of the invoice date at the latest. 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 otherwise agreed.
2. The copyright as well as other intellectual property rights on all materials 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, unless otherwise agreed.
4. The Client is only entitled to show prints and high-resolution files within a family circle. Only low resolute files may be shown in public by the Photographer with his watermark. Public includes, but is not limited to, the internet, social media and print.
5. Unless otherwise agreed, the Client is not authorized to grant sublicenses to third parties.
6. The Client must request written permission for the submission of a photo for the purpose of competitions and publications.
7. Photographer must observe the personality rights of the Client, as stated in Article 25 Aw.
8. Digital or analogue editing of the delivered works is not permitted without the prior written permission of the Photographer.
9. Any use of a Photographer’s work that has not been agreed upon is considered an infringement of the photographer’s copyright.
10. In the event of infringement of the copyrights and/or personality rights of the Photographer, the Photographer will charge twice the usual license fee for such a case, in compensation for the damage suffered. 11. Compensation does not entitle you to further use of the photographer’s work.

Article 13. Publication

1. Unless otherwise agreed, the Photographer is entitled to use the works made for his own promotion. This includes, but is not limited to, the use on website and web blog, portfolio, Facebook, Pinterest, Instagram, in printed matter, exhibition material, as an advertisement and other promotional material.
2. Deviating agreements will be recorded in writing.
3. The photographer cannot be held liable if the images are placed elsewhere on the internet without her knowledge.

Article 14. Payment terms

1. The photographer will send an (electronic) invoice to the client for the amount owed by the client, unless otherwise agreed.
2. If nothing has been agreed on the payment term, the payment term is 5 days after the invoice date.

Article 15. Alterations

1. The Photographer reserves the right to unilaterally change the Agreement, if necessary.
2. Changes, including location changes, will be communicated to the Client in a timely manner and in writing.
3. In the event of a change in one of the core clauses, the Client is entitled to dissolve the Agreement unilaterally.

OTHER PROVISIONS

Article 16. Liability

1. 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. The liability is limited to the amount of the invoice amount.

Article 17. Changes to these terms and conditions

1. Photographer reserves the right to change or supplement these General Terms and Conditions.
2. Changes will be communicated to the Client by the Photographer in a timely manner and in writing.
3. If the Client does not wish to accept a proposed change, he may terminate the agreement by this date until the date on which the new General Terms and Conditions take effect.

Article 18. Choice of law and forum

1. If a provision of the Agreement and/or the General Terms and Conditions proves to be null and void, this does not affect the validity of the entire Agreement and/or General Terms and Conditions.
2. Dutch law applies to all legal relationships between Astrid Timmers Photography and the Client.
3. If disputes arise as a result of the agreement that cannot be settled amicably, these will be submitted to the competent court of Eindhoven.