Terms and Conditions
Janneke Tol Photography
ARTICLE 1. DEFINITIONS
In these general terms and conditions, the following terms shall have the following meanings:
1. Agreement: the agreement for assignment between Janneke Tol Photography (hereinafter: photographer) and the person or persons with whom the agreement is concluded (hereinafter: client).
2. Assignment: the service or product to be provided by the photographer.
3. Photographer: Janneke Tol - Janneke Tol Photography, also the user of these general terms and conditions and the contractor.
4. Client: the (legal) person or persons with whom the photographer has concluded the agreement, also the acceptor of these general terms and conditions.
5. Cancel: termination or dissolution of the agreement.
6. Written: where these general terms and conditions refer to 'written,' it also includes electronic communication such as email, provided that the identity of the sender and the authenticity of the communication are sufficiently established. The burden of proof regarding the receipt of electronic communication always lies with the client.
7. Use: reproduction and/or disclosure within the meaning of the Copyright Act 1912.
8. Copyright Act 1912: Copyright Act of 1912.
ARTICLE 2. APPLICATION
1. These general terms and conditions apply to all legal relationships between the photographer and the client, as well as to all quotations, offers, and agreements.
2. Provisions or conditions set by the client that deviate from or are not included in these general terms and conditions are binding on the photographer only if and insofar as they have been expressly accepted in writing by the photographer.
3. General terms and conditions of the client are explicitly rejected.
ARTICLE 3. EXECUTION OF THE ASSIGNMENT
1. The photographer will execute the assignment to the best of her insight and ability and in accordance with the requirements of good craftsmanship, in the style in which the photographer usually works.
2. The photographer will make every effort and act to the best of her ability in the given and existing circumstances during the photo session and/or reportage.
3. The photographer delivers the images in her usual style. The photographer provides a personal selection of visual material over which the client has no influence.
4. The client is obligated to do and refrain from anything that is reasonably necessary and desirable to enable a timely and correct execution of the assignment.
6. In case of unforeseen circumstances on the part of the photographer, preventing her from personally fulfilling the agreement, the photographer will, as far as reasonably possible, arrange for a substitute photographer with a comparable style. In the case of force majeure, the photographer cannot guarantee this but will make every effort to arrange it.
ARTICLE 4. DELIVERY
1. Unless otherwise agreed, the photographer only uses estimated delivery times.
2. The photographer delivers the photos 10 weeks after the wedding. In case of deviating delivery times, the photographer will notify the client as soon as possible.
3. Photos are, unless otherwise agreed, delivered in an online gallery where the client can download the photos. Wedding photo packages also always include delivery of a small or large photo album, depending on the chosen package.
4. The photographer explicitly does not deliver raw files. The photographer only delivers the selection of edited photo material she has created as the final product.
ARTICLE 5. REMUNERATION AND PAYMENT CONDITIONS
1. The photographer will send an (electronic) invoice to the client for the amount due, unless otherwise agreed.
2. Unless otherwise agreed, the payment term is 14 days after the invoice date.
3. The invoice regarding the advance payment for the assignment must be paid before the start of this assignment. If the payment mentioned in this clause is not made within the specified period, the photographer is entitled to unilaterally terminate the agreement.
4. In case of the client's termination of the agreement, the advance payment will not be refunded by the photographer.
5. All amounts mentioned by the photographer include VAT unless otherwise agreed.
ARTICLE 6. CANCELLATION AND SUSPENSION
1. If an invoice is not paid within the payment term, the photographer, after notifying the client, may suspend all activities for the assignment until the invoice amount is paid.
2. Suspension or termination of the agreement shall be in writing.
3. The obligation to pay applies even if the client does not wish to use the work or products produced or to be produced within the framework of the agreement. In such a case, the client is not entitled to a discount or refund.
4. If the agreement is changed or supplemented, the photographer is entitled to adjust and increase the price accordingly.
5. If the date of the assignment is changed by the client, the photographer can also reschedule to the new date at no additional cost, provided it is agreed upon in consultation with the photographer's availability.
6. If an invoice is not paid within the payment term, statutory interest and collection costs are due on the outstanding invoice amount.
ARTICLE 7. COPYRIGHT
1. Each agreement also includes the license described in this article regarding the photographic work of the photographer unless otherwise agreed.
2. The copyright and other intellectual property rights in all materials developed or made available in the context of the assignment are owned by the photographer.
3. The photographer reserves the right to use the works for her own promotional purposes and publications, including but not limited to the website, portfolio, social media, magazine articles, in printed materials, and exhibition materials.
4. The client receives a non-exclusive license from the photographer for an indefinite period to reproduce and disclose the works.
5. Unless otherwise agreed, the client is not authorized to grant sublicenses to third parties or transfer its own license.
6. The client must obtain written permission from the photographer to submit photos for competitions and publications by third parties.
7. The client must respect the moral rights of the photographer, as mentioned in Article 25 of the Copyright Act.
ARTICLE 8. PORTRAIT RIGHT
1. The photographer reserves the right to use the works for her own promotional purposes and publications, including but not limited to the website, portfolio, social media, magazine articles, in printed materials, and exhibition materials.
2. The photographer will not sell the photos to third parties.
3. Deviating agreements are documented in writing.
ARTICLE 9. LIABILITY
1. The photographer is not liable for any damage incurred by the client, unless there is intent or gross negligence on the part of the photographer.
2. The photographer is not liable for color deviations on non-calibrated screens or prints not supplied by the photographer, nor is the photographer liable for the absence of photos.
3. The photographer will retain the delivered materials for a maximum of 12 months. The photographer is not liable for the loss of files delivered by the photographer to the client.
4. The liability never exceeds the amount of the invoice.
ARTICLE 10. CHOICE OF LAW AND JURISDICTION
1. If a provision of the agreement and/or the general terms and conditions is found to be void or unenforceable, the other provisions and the agreement remain in force.
2. Dutch law applies to all legal relationships between the photographer and the client.
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CONTACT
Address: Konijnenweg 5
6823 KX Arnhem
KVK: 66151112
Phone: 06 23603365
Email: info@janneketol.com