These General Terms & Conditions refer to the Dutch Copyright Act of 1912.
Photographic work: photographic work as referred to in Article 10 paragraph 1 sub 9 Aw, or any other ‘work’, in the sense of the before-mentioned Copyright Act, which can be aligned with these photographic works.
Photographer: the user in the sense of Art. 6:231 of the Civil Code.
Counterparty: the counterpart in the sense of Art. 6:231 of the Civil Code.
Use: reproduction and / or disclosure within the meaning of Art. 1 jo. 12 and 13 of the Civil Code.
The General Terms & Conditions are applicable 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 conditions in writing.
3.1 If no compensation has been agreed between the parties, the Photographer will determine the compensation unilaterally and in reasonableness and fairness, taking into account the 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 Payments must be made within 14 days of the invoice date.
4.2 If the Photographer does not receive the amount due within the period specified in 4.1 the Counerparty owes the statutory interest plus 2% on the invoice amount.
4.3 If the Countertpart is in default or otherwise fails to fulfill one or more of its obligations, including a copyright infringement, all costs incurred by the Photographer for obtaining satisfaction in and out of court will be borne by the Counterparty.
4.4 No use of the Photographic Work in any way is permitted as long as the Counterparty has not yet paid any outstanding invoice from the Photographer.
5.1 Complaints regarding the Photographic Work delivered must be communicated to the Photographer in writing / by email as soon as possible, but in any case within ten working days after the Photographic Works have been delivered. The Photographer has the right to replace the Photographic Work, covered by the complaint, within a reasonable period of time, unless this would lead to disproportionate damage for the Counterparty.
6.1 The Photographer has the right to perform all that is not explicitly described in the assignment according to his or her own technical and creative insights.
6.2 Changes to the assignment by the Conterparty for any reason whatsoever, will be for the account of the Countertparty and will only be carried out by the Photographer after a separate quotation of additional costs that has been signed by the Counterparty for approval and has been returned to the Photographer.
6.3 In the event of cancellation of an assignment by the Counterparty at any time and for whatever reason, the Photographer is entitled to the agreed compensation. In the event of cancellation, the non-professional client will only owe a part of the compensation that can reasonably be determined, taking into account the work already carried out.
The copyright on the Photographic Works rests with the photographer.
8.1 Permission for use of Photographic Work by the Counterparty is only granted in writing / by e-mail and in advance in the form of a license as described by nature and scope by the Photographer in the quotation and / or order confirmation and / or the invoice.
8.2 If nothing has been determined with regard to the scope of the license, it shall never be more than the right to one-time use, in unaltered form, for the purpose, circulation and manner of the parties entering into the agreement in accordance with the concept of the Photographer meant.
8.3 Exclusive exploitation must always be explicitly agreed in writing and does not fall under the exploitation right referred to in Art. 8.2.
8.4 The Counterparty is not permitted to transfer the exploitation right described in this article to third parties without the prior written permission of the Photographer.
8.5 Unless otherwise agreed, the Counterparty 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 upon is considered a copyright infringement of the Photographer.
9.2 In the event of infringement, the Photographer will receive a compensation of at least three times the license fee customarily used 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 damages). 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 with all used Photographic works, or must be included in the publication with a reference to the Photographic work.
10.2 At the time of reproduction and publication of a Photographic Work, the counterparty always takes the personality rights of the photographer in accordance with Art. 25 paragraph 1 subclass.
10.3 For each infringement of the personality rights to which the Photographer is entitled pursuant to Art. 25 of the Copyright Act, including the right to mention the name, the Counterparty owes a fee of at least 100% of the license fee customarily used by the Photographer, 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).
11. Liability and rights of third parties
11.1 The Photographer is authorized to enter into this Agreement and grant the aforementioned License.
11.2 The Photographer is not liable for claims of the Counterparty or for claims from third parties and / or damage arising 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 amount, or, if and insofar as there is insured damage, to the amount of the sum actually paid under the insurance.
11.4 If third parties announce or bring a claim against the Photographer and / or Counterparty with regard to the Work, the Counterparty and the Photographer will mutually determine whether they will defend it and how this will be done.
12. Bankruptcy / moratorium
12.1 Both the Photographer and the Counterparty have the right to immediately terminate the agreement in the event of bankruptcy or suspension of payment of the counterparty. In the event of the Counterparty’s bankruptcy, the Photographer has the right to terminate the license granted.
13. Legal and forum choice
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 interpretation of these General Terms and Conditions and a legal relationship between the Photographer and the Countetparty will be submitted to the competent court in The Netherlands.