General Terms and Conditions
Corporate Visual Communication use the Terms and Conditions of DuPho | Photographers Federation of the Netherlands.
dated August 2017
For the purposes of these General Terms and Conditions Aw: Copyright 1912 Photographic Work: photographic works as referred to in Article 10 section 1 subsection 9 Aw, or other works covered by the Aw that can be equated with the said photographic works.
These Terms and Conditions apply to all legal relationships between a Photographer and Other Party, including quotations, order confirmations and oral or written agreements, even after the termination of a contract, unless the parties have expressly waived in writing of these conditions.
3.1 If the parties have not agreed remuneration, the photographer determines unilaterally and reasonable and equitable compensation, where the size is taken into account and the scope of use of the work required by the other party.
3.2 Necessary costs and / or additional work shall be reimbursed by the other party.
- Billing and Payment
4.1 Payment must be made within 30 days after the invoice date.
4.2 Payment must be made within 30 days after the invoice date4.4 If the Photographer the amount due within the specified in 4.1 has received term, the Party is to increase the statutory rate of 2% on the invoice amount.
If the Photographer the amount due within the Specified in 4.1 has received term, the Party is to Increase the statutory rate of 2% on the invoice amount.
4.5 If the other party is in default or otherwise failed to fulfill any of its obligations, including copyright infringement, then all costs incurred by the photographer for obtaining payment in and out of court on behalf of the party.
4.6 Any use of the Photographic Work by any means whatsoever is permitted, as long as the other party any outstanding invoice of the Photographer has failed.
Complaints regarding the work should as soon as possible but in any case within ten working days of the Photographic Works written / by e-mail to the photographer is given. The Photographer has the right within a reasonable deadline to deliver good work disapproved work, unless this would cause disproportionate damage to the other party.
6.1 The Photographer has the right to carry out everything that is not explicitly described in a commission according to his own technical and creative insight.
6.2 Changes to the contract by the other party for any reason whatsoever, shall be borne by the other party and will only be carried out by the photographer after separate quotation of additional costs has been signed for approval by the other party and returned to the photographer.
6.3 In case of cancellation of a contract agreement by the other party at any time and for any reason, the Photographer is entitled to the agreed fee. In the event of cancellation, the non-professional client due only to establish a reasonable part of the remuneration taking into account the work already carried out.
6.4 After delivery of the material to the other party, the photographer no longer is responsible for further distribution or take care of the material.
6.5 The delivered photo material on the Smugmug gallery or We Transfer site will be download by the other party a.s.a.p..
6.6 The photographer is not held responsible when material is lost due to a power failure or a computer crash.
Copyright of the Photographic Works is owned by the photographer.
8.1 Consent to Use of a Photographic Work the Other Party shall only be granted in writing / by mail and prior in the form of a license as defined nature and scope of the Photographer in the offer and / or order confirmation and / or the supervisory bill.
8.2 If the scope of the license is not specified, it shall not include more than the right to one single use, in original formfor a purpose, circulation and method as the parties when entering into the agreement with the interpretation of the Photographer intended.
8.3 Exclusive exploitation should always be agreed explicitly agreed in writing and is not subject to the exploitation right referred to in Article 8.2.
8.4 The other party is not permitted in this article defined exploitation right to transfer to third parties without the prior written permission of the photographer.
8.5 Unless otherwise agreed, the Other Party is not entitled to grant sub-licenses to third parties.
- Copyright Infringement
9.1 Any use of a Photographic Work is not agreed upon is considered as an infringement of the copyright of the photographer.
9.2 Any infringement entitles the Photographer to claim compensation of at least three times the license fee usually charged by the Photographer for such type of use, without losing any right to compensation for other damages (including the right to compensation for all direct and indirect damages and all actual judicial and extrajudicial costs).
- Attribution and Personality Rights
10.1 The name of the Photographer should be clearly Photographic Work used, or included by reference to the Photographic Work in the publication.
10.2 The Other Party shall when reproducing or publishing a Photographic Work always respect the moral rights of the Photographer in accordance artikel25 lid 1 subcend Aw.
10.3 For each infringement of the Photographer’s future personality rights under Article 25 of the Copyright, including the right to attribution, the other party is a fee of at least 100% of the license fee usually charged by the Photographer without losing any right to claim compensation of other damages (including the right to compensation for all direct and indirect damages and all actual judicial and extrajudicial costs).
- Liability and third party rights
11.1 The Photographer is entitled to go and give the said license to this Agreement.
11.2 The Photographer is towards the other party is not liable for third-party claims and / or damages arising from the use 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 to the extent there is an insured, up to the height of the lower insurance sum actually paid.
11.4 If third parties against the photographer and / or other party announcing or file a claim with respect to the Work, the other party and the Photographer in concert will determine whether they perform against defense and how it will be done.
- Bankruptcy / suspension
The Photographer and the Counter Party have the right to terminate the agreement immediately in the event of bankruptcy or receivership of the other party. In case of bankruptcy of the Other Party the Photographer is the right to terminate the license granted.
- Choice of law,
13.1 All cases in which these General Conditions apply are governed by Dutch law.
13.2 Any dispute concerning the wording and explanation of these General Terms and Conditions and a legal relationship between the Photographer and the Other Party will be submitted to the competent court in the Netherlands.
These Terms and Conditions are filed with the District Court of Amsterdam under number 66/2016