Terms & Conditions
1. Definitions
1.1 In these General & Conditions, the following terms have the meanings referred to: Aw: Copyright Act [Auteurswet] 1912
1.2 Photographic Work: photographic works as referred to in Article 10, section 1, subsection 9 of the Aw, or other works covered by the Aw that can be equated with said photographic works.
1.3 Photographer: the user as defined by Book 6, Article 231 of the Dutch Civil Code.
1.3.1 Mehjabin Afroz of Bipasha Oosterwijk Photography, established in Hoofddorp, KvK (Chamber of Commerce) number 91450721, is referred to in these general terms and conditions as Photographer.
1.4 Client: the client as defined by Book 6, Article 231 of the Dutch Civil Code. The other party is referred to as the client in these general terms and conditions.
1.5 The agreement: the agreement means the agreement of the assignment on the basis of which the photographer will perform work for the client against payment of fees and costs towards the client and whereby the general terms and conditions have been declared applicable.
2. Application
2.1 These terms and conditions apply to all offers, invoices, activities, agreements and delivery of services and goods by or on behalf of the photographer to which these terms and conditions apply has stated, insofar as these terms and conditions have not been expressly deviated from in writing.
2.2 The terms and conditions also apply to actions by the photographer in the context of the commissioned third parties.
2.3 The most recently sent version of these general terms and conditions always applies.
2.4 The application of the general terms and conditions of the client is expressly rejected pointed out.
2.5 If one or more provisions in these general terms and conditions at any time in whole or in part are partially null and void or should be destroyed, the rest will remain in these general terms and conditions certain apply in full.
3. Quotations
3.1 If no acceptance period is stated in the offer, the offer will expire after 30 calendar days. A quotation must be confirmed in writing at all times.
3.2 Upon acceptance of the quotation, you automatically agree to these general terms and conditions.
3.3 Photographer cannot be held to its offer if the client reasonably could understand that the offer, or a part thereof, contains an obvious mistake or error.
3.4 Quotations do not automatically apply to follow-up orders.
3.5 Everything that is delivered in addition to the quotation is regarded as additional work and as such billed.
4. Rates and Payments
4.1 The agreement is entered into for a definite period of time, unless the nature of the agreement dictates otherwise arises or if the parties expressly agree otherwise in writing.
4.2 The quotation states the package price of the chosen service as agreed, or an hourly rate with estimated number of hours. Any other additional costs, such as location rental, deployment of extra persons and an album are listed separately. Reorders, as well as additional work due to a change in the agreement or change in the standard style of photographer and travel costs, will be separately billed.
4.3 Necessary costs and/or additional work must be paid by the Other Party.
4.4 Photographer is entitled to request a down payment. Unless otherwise agreed, the remainder will be part of the payment paid in 1x in full. Photographer is entitled to suspend the agreement until the entire payment is completed. The full amount must be paid before the execution of the agreement.
4.5 In the case of a photo album, the design and order will only be made after full payment of the invoice amount.
4.6 The rates agreed when entering into the agreement are based on that current price level. Photographer has the right to adjust the fees annually. It also has the right to pay the fees at any time, if circumstances change desire to adapt. Adjusted rates will be communicated as soon as possible to the client.
4.7 Invoices must be paid within 30 calendar days of the invoice date, unless the parties do so have made other agreements in writing, a different payment term is stated on the invoice or the shoot takes place earlier.
4.8 If the client fails to pay an invoice on time, it is legally in default default and statutory interest. The interest on the amount due will be calculated from the moment the client is in default until the moment of full payment amount due.
4.9 If the Photographer has not received the amount due within the period specified in section 4, the Other Party will be in breach and therefore liable for interest at the statutory rate plus 2%.
4.10 If the client is in default or fails to fulfil its obligations, all reasonable costs for obtaining payment out of court at the expense of the client.
4.11 In the event of liquidation, bankruptcy, attachment or suspension of payment of the client, the claims of photographer immediately due and payable.
4.12 All use of the Photographic Work, in any shape or form, is prohibited until the Other Party has paid any of the Photographer’s invoices which might be outstanding.
5. Client information provision
5.1 The Client shall make all information relevant to the performance of the assignment available in good time to photographer.
5.2 The Client guarantees the correctness, completeness and reliability of the information provided information provided, even if it originates from third parties. Photographer will keep the data confidential to deal with.
5.3 The client indemnifies the photographer against any damage resulting from failure to comply with this article stated.
5.4 If the client does not make the requested data available or does not do so in time and the implementation of the client. If the order is delayed as a result, the resulting additional costs will be charged to the client.
6. Execution of the agreement
6.1 Photographer carries out the assignment to the best of his knowledge and ability. Photographer is not liable for failure achieve the result that the client intended.
6.2 Photographer has the right to have work carried out by third parties.
6.3 The client must make the circumstances as favorable as possible for the photographer during a shoot.
6.4 If a certain location for the shoot is desired by location, the client is responsible for it arranging the location and associated costs, unless agreed otherwise.
6.5 If the photographer encounters opposition from third parties during the execution of the agreement, the photographer can not be held liable for any diminished results as a result.
6.6 Photographer will work in consecutive hours. When the client wants a break, the photographer will charge half of its hourly rate per hour of waiting time for the so-called 'waiting time'. In this waiting period photographer does not take pictures.
6.7 In case an assignment consists of 8 or more consecutive hours, or the assignment is such time that an evening meal is usually consumed, the client will allow a break of at least 20 minutes for this evening meal.
7. Change and cancellation
7.1 In the event of unforeseen circumstances, the photographer has the option to interrupt a shoot, move or cancel. Unforeseen circumstances include illness, extreme weather conditions and conditions that occur with regard to materials which are necessary for proper execution of the agreement. Photographer will communicate such a change (as referred to in this paragraph) to the client as soon as possible. Photographer will take care if necessary for a replacement photographer, in the same style as the photographer, or, if possible, the parties will provide a new one match date.
7.2 Photographer has the right to have himself taken over by a third party in the event of unforeseen circumstances to replace.
7.3 Cancellation by the client for a shoot is only possible in writing. Photographer has time reserved for the scheduled shoot. Thus, in the event of cancellation of a shoot by the client (excluding wedding photography), at any point in time and for whatever reason, the Photographer will be entitled to the agreed payment on the following terms: Plus 30 days before the job takes place 30% Within 30 days before the job takes place 40% Within 14 days before the job takes place 60% Within 7 days before the job takes place 80% Within 72 hours before the job takes place 90%
7.4 In case of cancellation of a wedding photography, whereby the following cancellation conditions apply, unless there is a death in the first line of the family, the down payment will never be refunded: If canceled between 5 calendar months and 1 calendar month before the wedding, 50% of the quoted amount charged; if canceled within 1 calendar month before the wedding, 75% of the amount charged.
8. Force majeure
8.1 In the event of force majeure, the photographer is entitled to interrupt, move or cancel. Force majeure is, among other things, if the performance of the agreement, whether or not temporarily, is prevented by circumstances beyond the reasonable control of the photographer exercise, such as illness, accident or fire.
8.2 If a situation as described in the first paragraph of this article occurs after the shoot has taken place took place but the photos have not yet been delivered, the obligations of the photographer towards client suspended as long as it cannot meet its obligations. If this situation has lasted longer than 16 weeks, both parties have the right to dissolve the agreement in writing. The work delivered up to that point becomes immediately due and payable.
9. Liability damage
9.1 Photographer is not liable for damage resulting from this agreement, unless the damage was caused intentionally or with gross negligence.
9.2 Photographer is not liable for damage caused by assuming by or on behalf of the client provided incorrect or incomplete information.
9.3 Photographer is not liable for loss, theft or damage to personal property of the client during a shoot on location.
9.4 Photographer cannot be held liable for color deviations on non-calibrated images screens and prints provided by someone other than it.
9.5 Photographer is not liable for delays caused by third parties.
9.6 Photographer handles the photos with the utmost care, but cannot be held liable for it losing the files due to situations like a crash. It is the responsibility of the client save the photos after transfer.
9.7 Photographer is not responsible for the weather conditions in the photo. In case of a shoot unlike a bridal reportage, the shoot is rescheduled in case of bad weather. In the case of one wedding photography, the wedding couple is responsible for an alternative (dry) place where the shoot takes place can find.
9.8 The Client remains responsible at all times for the application or implementation of knowledge or actions as acquired during an agreement.
9.9 The Client is responsible for obtaining permission from all those present to to be photographed at a wedding or other event.
9.10 In the event that the client causes damage to equipment during a shoot, the the client is obliged to reimburse the appraised value.
9.11 In the event that the photographer owes compensation to the client for direct damage, the damage does not exceed the amount covered by the liability insurance paid or charged by the photographer.
9.12 The client indemnifies the photographer against all claims from third parties related to the its services and goods provided.
10. Copyright, license and publication
10.1 The copyright of the Photographic Works is owned by the Photographer. The rights to the materials and content made available by the photographer to the client rest with photographer. The client is expressly not allowed to use the material and provided reproduce, publish or make available to third parties any documentation without prior permission
10.2 Permission to use a Photographic Work by the client will be granted exclusively in writing/by e-mail in the form of a licence, of which nature and scope is described by the Photographer in the offer and/or the confirmation of the commission and/or the relevant invoice.
10.3 The client is entitled to a limited right to publish, with regard to what has been agreed in advance, of photos full payment of the invoice amount. Photos may not be used for any purpose other than agreed in advance, without purchasing an additional license.
10.4 If photos wish to be used commercially, the supplier must obtain permission from photographer.
10.5 The Other Party is not permitted to transfer the right to use described in this article to third parties unless the Photographer has granted written permission in advance.
10.6 If the scope of the licence is not specified, it will never extend beyond the right to one single use, in original form and for a purpose, circulation and method as intended by the parties at the time they enter into the agreement, in accordance with the Photographer’s interpretation.
10.7 The Client is not entitled to edit or cut out supplied image material. This includes also placing text over photos or using Instagram filters.
10.8 The client must, when using supplied photos on social media, provide the name of the photographer mention and tag photographer. This also applies to family members and other third parties who use the photos post social media.
10.9 Any act contrary to the provisions of the first 5 paragraphs of this article is regarded as an infringement the copyright.
10.10 In the event of infringement, the photographer will be entitled to compensation amounting to at least three times the amount paid by her customary license fee for such use, without any right to losses on compensation for other damage suffered.
10.11 By entering into the agreement, the client gives the photographer permission to use the visual material use for advertisements, social media, magazine articles, printed matter, exhibition material, portfolio and demonstration material, unless expressly objected to this prior to the shoot.
10.12 Unless otherwise agreed, the client is not entitled to grant sub-licences to third parties.
10.13 If the client is in breach of any of its obligations under the agreement, including any infringement of copyright, it will be liable for all judicial and extra-judicial costs incurred by the Photographer when acquiring payment.
10.14 Any unauthorized use of a Photographic Work is deemed to be an infringement of the Photographer’s copyright.
10.15 Any infringement entitles the Photographer to claim compensation of at least three times the licence fee usually charged by the Photographer for such type of use, without losing any right to claim compensation for other damage (including the right to compensation for all direct and indirect damage and all judicial and extra-judicial costs actually incurred).
11. Reference to name and Personality Rights
11.1 The name of the Photographer must be clearly credited alongside the Photographic Work used, or included elsewhere in the publication with reference to the Photographic Work.
11.2 In the event of the copying or publication of a Photographic Work the Other Party will, at all times, observe the Photographer’s personality rights in accordance with Article 25, section 1, subsection c and d of the Aw.
11.3 In the event of any infringement of the Photographer’s personality rights ex Article 25 of the Copyright Act, including the right to be named, the Other Party will owe compensation of at least 100% of the licence fee usually charged by the Photographer for such type of use, without losing any right to claim compensation for other damage (including the right to compensation for all direct and indirect damage and all judicial and extra-judicial costs actually incurred).
12. Special provisions
Both parties are bound to secrecy with regard to all confidential information they receive in the context of have obtained their agreement. For more information, the client is referred to the privacy declaration.
13. Delivery
13.1 Photographer makes every effort to deliver the desired photos as soon as possible. This includes the estimated delivery period that the parties agree to be observed. However, this estimate can no rights are derived.
13.2 Photographer takes, edits and selects photos at his own discretion. Selected pictures are edited according to normal standards. The client declares to be familiar with the photographer's style.
13.3 Additional wishes of the client result in additional work and will be treated as such billed. Photos are sent in high resolution and digitally. If desired, client can also create an album purchase.
13.4 The shipping address for photo products is the address specified by the client. Photographer is not liable for errors in the provision of this delivery information.
13.5 Photographer does not provide unselected and/or unprocessed (RAW) photo material.
***I do not provide RAW photos to clients.
***By hiring me as your photographer you accept my editing style. So you cannot have any objections afterwards
14. Photo albums
14.1 It is not possible to exchange and/or exchange purchased physical photo products ordered from the photographer return. The products are custom made. The Client expressly agrees that he hereby waives the right to make use of the cooling-off period and the right to cancel the agreement revoked.
14.2 Album making will be charged design cost, printing cost and shipping cost, unless otherwise agreed.
14.3 The warranty conditions of the manufacturer apply to photo albums.
14.4 The delivery time of a chosen album depends on the chosen material and will be timely client communicated.
14.5 Photographer makes the selection and layout of an album without interference from the client.
14.6 The Client is entitled to a maximum of three feedback rounds to make changes to the design delivery, unless otherwise agreed.
14.7 Changes include removing two connected pages or replacing individual ones photos for a photo with the same ratio. Additional or other changes are possible for an additional fee.
14.8 If a change request is not made known within 14 days after the submission of a draft made to the photographer, the photographer may assume that the client agrees with the concept.
14.9 Album prices are subject to change. These changes will not be earlier than three months after the date of the wedding or the date of the photo shoot will be charged to the client. The Photographer will make it known in good time in advance whether there is such a price change.
15. Liability and rights of third parties
15.1 The Photographer is authorised to enter into this Agreement and grant the aforementioned Licence.
15.2 The Photographer is not liable vis-à-vis the Other Party for claims by third parties and/or damage resulting from the use and publication of the Work, except in the event of gross negligence or intent on the part of the Photographer.
15.3 The Photographer’s liability is, in any event, limited to the invoice amount or, if and insofar related to insured damage, to the amount of the sum actually paid out by the insurance.
15.4 If third parties give notice of, or submit, a claim vis-à-vis the Photographer and/or Other Party with regard to the Work, the Other Party and the Photographer will determine, on the basis of mutual consultation, whether they are going to submit a defence and how.
16. Bankruptcy/moratorium
The Photographer and the Other Party are each entitled to terminate the agreement with immediate effect if the Other Party becomes bankrupt or is granted a moratorium. In the event of the bankruptcy of the Client, the Photographer will have the right to terminate the licence.
17. Complaints
17.1. The client is obliged to report complaints about quotations, invoices and/or the services provided within 7 calendar days after the complaint arose in writing and with reasons to inform the photographer.
17.2 Submitting a complaint does not suspend the payment obligation.
18. Applicable law and dispute resolution
18.1 Dutch law applies all matters governed by these General Terms and Conditions.
18.2 The parties will only appeal to the courts with relevant jurisdiction in the Netherlands, after they have made every effort settle a dispute by mutual agreement. Disputes will be settled by the court in the district where photographer is located.
18.3 Contrary to the statutory limitation periods, the limitation period for all claims is and defend against photographer and third parties involved 12 months.
