Terms and Conditions - Annika Westgeest Photography

 

1. Definitions

1. Photographer: the user as referred to in Article 6:231 of the Dutch Civil Code, who offers photography services.

2. Client: the natural person or legal entity that enters into an agreement with the photographer.

3. Parties: the photographer and the client jointly.

4. Agreement: any written or verbal agreement between the parties concerning the delivery of services and/or products.

5. Use: the reproduction and/or publication as described in the Copyright Act 1912 (AW).

6. Photographic works / Works: photographic works as referred to in Article 10(1)(9) AW, or other works within the meaning of the AW that can be equated with photographic works.

 

2. Applicability

1. These terms and conditions apply to all quotations, assignments, agreements and deliveries by or on behalf of the photographer.

2. The applicability of additional or deviating terms and conditions of the client or third parties is expressly excluded.

3. Deviations from these terms and conditions are only valid if the parties have expressly agreed to them in writing.

4. These terms and conditions remain in force even after the agreement has been terminated.

 

3. Quotations and Agreements

1. Offers and quotations are without obligation and valid for 14 days, unless stated otherwise in writing.

2. An agreement is concluded after written confirmation by both parties or upon commencement of the work.

3. Previous offers and quotations do not automatically apply to repeat orders, unless the parties have agreed this in writing.

 

4. Acceptance

1. The client must explicitly accept the offer or quotation in writing. If the client fails to do so but agrees to, or gives the impression of agreeing to, the performance of the work, the offer shall be deemed to have been accepted.

2. After acceptance, the photographer retains the right to withdraw the offer in writing within three days, without the client being able to derive any rights from this.

3. The photographer reserves the right to refuse an assignment if, after acceptance, new information becomes available that makes the execution unacceptable to the photographer.

 

 5. Execution of the Assignment

1. The photographer will carry out the assignment to the best of his knowledge and ability.

2. Deadlines are indicative, unless agreed in writing as binding.

3. The client shall provide all necessary cooperation and access to locations.

4. In the event of force majeure (including illness, technical malfunctions or extreme weather conditions), the photographer may reschedule or cancel the assignment.

5. Changes to the assignment will only be carried out after written confirmation of the additional costs by the client.

6. In the event of cancellation by the client, regardless of the reason or timing, the photographer is entitled to the agreed fee and any hours worked and costs incurred will be charged.

 

6. Licence types

   The photographer uses different types of licences. Unless otherwise agreed in writing, the Basic Licence applies.

 

6.1 Basic Licence

• The copyright on all photographs rests with the photographer.

• The client receives a non-exclusive, non-transferable right of use.

• Use is only permitted for the agreed purpose and within the agreed context.

• Editing, sub-licensing or resale is not permitted.

 

6.2 Extended Licence

• The copyright remains with the photographer.

• The client receives a non-exclusive right of use for broader application than originally   agreed.

• Use in multiple media, campaigns or internal systems is permitted.

• Editing is permitted within reasonable limits, provided that the integrity of the work is preserved.

• Sub-licensing or resale is not permitted.

 

6.3 Exclusive Licence

• The client receives an exclusive right of use within a pre-agreed market, sector or geographical area.

• The photographer retains the copyright and does not grant licences to third parties within the area of exclusivity.

• The duration and scope are laid down in writing.

 

 6.4 Purchase of Copyright (IP transfer)

• Transfer of copyright is only possible on the basis of a separate written agreement.

• The photographer retains the right to display the work in portfolios, presentations and promotional materials, unless otherwise agreed in writing.

 

7. Copyright Infringement

1. Any use of a work that has not been agreed upon is considered a copyright infringement.

2. In the event of infringement, the photographer is entitled to compensation amounting to three times the usual licence fee, plus compensation for other direct or indirect damage and all judicial and extrajudicial costs.

 

8. Delivery and Deadlines

1. Photographs will be delivered within the agreed period, digitally unless otherwise agreed.

2. Exceeding delivery times does not entitle the client to compensation, unless otherwise agreed in writing.

 

9. Compensation and Payment

1. All prices are exclusive of VAT, unless otherwise stated.

2. Payment must be made within 14 days of the invoice date.

3. In the event of late payment, the client will be in default and collection costs may be charged.

4. Use of the photographic works is not permitted as long as any invoice remains unpaid.

 

10. Liability

1. The photographer is not liable for indirect damage, consequential damage or loss of profit.

2. Liability is limited to the invoice amount of the assignment in question or, in the case of insured damage, to the amount paid out by the insurer.

 

11. Complaints

   1. Complaints must be reported in writing within 7 days of delivery.

   2. If a complaint is justified, the photographer will offer a reasonable solution.

 

12.  Applicable law

1. These terms and conditions are governed by Dutch law.

2. Disputes will be submitted to the competent court in the district of Midden-Nederland.