Terms Of Delivery
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 Aw, or other works within the meaning of the Aw, which can be equated with the said photographic works .
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 jo. 12 and 13 Aw.
These General Terms and Conditions apply to all legal relationships between a Photographer and a Counterparty, including quotations, order confirmations and oral or written agreements, even after the termination of an agreement, unless the parties have explicitly deviated from these terms and conditions in writing.
3.1 If the parties have not agreed a fee, the Photographer will determine the fee unilaterally and in fairness and reason, 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 will owe the statutory interest, plus 2% on the invoice amount
4.3 If the Other Party is in default or otherwise fails to fulfill one or more of its obligations, including an infringement of copyright, all costs incurred by the Photographer in order to obtain payment 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.
Complaints regarding the delivered work must be communicated to the Photographer in writing / by e-mail 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 to the Other Party.
6.1 The Photographer has the right to carry out everything that is not explicitly described in a commission agreement according to his own technical and creative insight.
6.2 Changes to the assignment by the Other Party for whatever reason will be at the expense of the Other Party and will only be carried out by the Photographer after a separate quotation for additional costs that has been signed for approval by the Other Party and returned to the Photographer.
6.3 In the event of cancellation of a commission agreement by the Other Party at any time and for whatever reason, the Photographer is entitled to the agreed fee. In the event of cancellation, the non-professional client only owes a part of the compensation to be reasonably determined, taking into account the work already performed.
The copyright on the Photographic Works rests with the photographer.
8.1 Permission for the use of a Photographic Work by the Other Party is only granted in writing / by e-mail 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 the order confirmation and / or the supervising invoice.
8.2 If nothing has been determined about the scope of the license, it will never include more than the right to use once, in unaltered form, for a purpose, circulation and manner as the parties in entering into the agreement in accordance with the understanding of the Photographer, have meant.
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 without the Photographer's prior written consent.
8.5 Unless otherwise agreed, the Other Party is not authorized to grant sub-licenses to third parties.
9. Copyright Infringement
9.1 Any use of a Photographic Work that has not been agreed will be considered an infringement of the Photographer's copyright.
9.2 In the event of an infringement, the Photographer is entitled to compensation amounting to at least three times the license fee customarily 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).
10. Attribution and Personality Rights
10.1 The name of the Photographer must be clearly stated next to any Photographic Work used, or be included in the publication with reference to the Photographic Work.
10.2 When reproducing and publishing a Photographic Work, the Other Party will at all times respect the personality rights of the photographer in accordance with article 25, paragraph 1, subcent Awinacht.
10.3 For every infringement of the personality rights accruing to the Photographer under Article 25 of the Copyright Act, including the right to mention the name, the Other Party is obliged to pay compensation of at least 100% of the license fee customarily used by the Photographer, without losing any right to compensation for other suffered damage (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 to grant the aforementioned License.
11.2 The Photographer is not liable towards the Other Party for claims from third parties and / or damage resulting from the exploitation and disclosure of the Work, unless there is gross negligence or intent on the part of the Photographer.
11.3 The liability of the Photographer is in any case limited to the amount of the invoice, or, if and insofar as there is insured damage, to the amount actually paid out under the insurance.
11.4 If third parties announce or initiate 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 put up a defense and how this will be done.
12. Bankruptcy / moratorium
Both the Photographer and the Other Party have the right to immediately terminate the agreement in the event of bankruptcy or suspension of payments of the other party. In the event of bankruptcy of the Other Party, the Photographer has the right to terminate the issued license.
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 with regard to 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.