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 photographic works referred to .
Photographer: the user within the meaning of art. 6:231 CC.
Other party: the other party within the meaning of art. 6:231 CC.
Use: duplication 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 the Photographer and the Other Party, including quotations, order confirmations and oral or written agreements, even after the termination of an agreement, unless the parties have expressly deviated from these terms and 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 scope 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, or after receiving the payment link.
4.2 If the Photographer has not received the amount due within the term 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 has failed in any other way in the fulfillment of one or more of its obligations, including an infringement of copyright, all costs incurred by the Photographer in order to obtain satisfaction 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 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 carry out everything that is not expressly 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, are for the account 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 compensation. In the event of cancellation, the non-professional client only owes a portion of the compensation to be reasonably determined, taking into account the work already performed.
Copyright in the Photographic Works rests with the photographer.
8.1 Permission for the use of a Photographic Work by the Other Party is exclusively granted in writing/by e-mail and in advance in the form of a license as described in the nature and scope of the Photographer in the quotation and/or the order confirmation and/or the supervisory invoice.
8.2 If nothing has been determined about the scope of the license, it will never include more than the right to one-time use, in unaltered form, for a purpose, edition and manner as the parties agreed upon when entering into the agreement in accordance with the concept 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 prior written consent of the Photographer.
8.5 Unless otherwise agreed, the Other Party is not authorized to grant sub-licences to third parties.
9. Copyright Infringement
9.1 Any use of a Photographic Work not agreed upon will be considered 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 usually charged 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 Photographer’s name must be clearly stated with a Photographic Work used, or included in the publication with a reference to the Photographic Work, where possible.
10.2 When reproducing and publishing a Photographic Work, the Other Party will at all times observe the photographer’s personality rights in accordance with Article 25 paragraph 1 sub c and d Aw.
10.3 For any infringement of the personality rights accruing to the Photographer pursuant to Article 25 of the Copyright Act, including the right to attribution, the Other Party owes a fee of at least 100% of the license fee normally charged 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).
Note: Maartje Hensen has the right to use the taken photos in her portfolio / promotional purposes such as Facebook, blog, website, social media and possible competitions. If you do not want this, there is the option for a license upgrade. Let us know before the photo shoot, so that you will not be faced with surprises.
The general terms and conditions apply to all legal relationships of Maartje Hensen.