Without prejudice to more specific conditions explicitly prior accepted by the photographer, his current terms and conditions applicable to the relations between the photographer and the client and have current conditions take precedence over all other conditions of the client.
In these terms and conditions shall apply:
1.1 Aw: Copyright Act 1912
1.2 Photographic work: photographic work as intended in article 10 paragraph 1 sub 9 Aw, or other works within the meaning of the Aw, what with photographic works referred to in line. Image carrier: the carrier on which a photographic work (whether or not in view of apparent) is recorded, such as a slide, negative, print, polaroid, CD-ROM, DVD, or usb stick.
1.3 Photographer: «I show My photo».
1.4 Other party : the natural or legal person who hires the services of the photographer in order to perform a creation in its name and its mission. The photographer may like its client – held in own name – consider everyone who has entrusted her a command, unless it expressly that they are acting as a representative, body of a legal person, as agent, on behalf and for account of a third party to which this only will be valid if the name and address of this third, principal, legal person or represented at the same time, with the command to the photographer is provided.
1.5 Use: reproduction and/or disclosure within the meaning of article 1 jo 12 and 13 Aw.
1.6 Extras: the natural or legal person with whom the client concluded an agreement with one aspect of the work to be carried out. In technical jargon also model or model called.
These general terms and conditions apply to all legal relationships between a photographer and a Counterparty, including quotations, order confirmations and oral or written agreements, also after finishing an agreement, unless the parties expressly deviate from these conditions.
Quotations are without engagement, unless explicitly stated otherwise.
The photographer has the right to take up to two working days after receipt of the acceptance of his offer to withdraw from this offer. The quotation is not obliged to supply of a part of the performance against a proportional price.
4.1 If the parties have agreed, no fee is the fee charged by the photographer usual apply.
4.2 If and in so far as not a usual spoken fee may be applied, the photographer to determine the fee reasonableness and fairness, which the photographer will be able to take up, among other things, the fees in the market for similar assignments, comparable between similar principals and contractors, which can be referred to by Mr ’ s of remuneration such as the photographer will be chargedin previous cases, which de jure as reasonable and fair is labeled, comparative fees such as those in surrounding countries by photographers will be charged and the size and scope of the intended use of the work by the other party.
4.3 If plausible is that the photographer has made higher costs and/or has done additional work, which were reasonably necessary, these costs and/or by the other party for compensation into account this additional work.
5. Invoice and payment
5.1 The other party shall check the invoice of the photographer on inaccuracies. If the other party does not in writing within 10 working days after the date of the invoice the invoice with indication of legally relevant reasons has rejected and returned to the photographer, will have to be binding between the parties to the relevant invoice fees and will void any right of the other party on complaint.
5.2 Payment must be made within thirty days of the invoice date.
5.3 The customer shall make the payments due to the photographer without discount or compensation between the parties, subject to appeal to set-off against deductible advances, which he acknowledged to the photographer has provided.
5.4 If the photographer not the amount due within the time limit referred to in 5.2 has received, the other party shall be in default and therefore the statutory interest, plus 2%.
5.5 If the other party is in default or otherwise fallen short in the performance of one or more of its obligations, including a copyright infringement, then all costs incurred to have all extrajudicial costs and debts in and out of court on his behalf.
5.6 No use of the photographic work in any manner whatsoever is allowed, as long as the other party of any outstanding invoice has not yet met the photographer or otherwise not yet whole has fulfilled any obligation arising out of any agreement with the photographer.
6.1 If the compensation in any way is subject to facts or circumstances, which should be evident from the administration of the other party, the photographer after an indication of the client has the right to monitor the administration of the client by a point to by the photographer RA/AA accountant.
6.2 In the event that the outcome of the control more than 2% of the brief and statement presented by the other party, the cost of monitoring completely to be borne by the other party. In addition, the other party has the fee payable on the basis of the actual data, after invoicing to the photographer.
At disclosure of a photographic work, the counterparty has immediately and without costing a proof copy of the publication to the photographer.
8.1 Image carriers are supplied in the property where the photographer operates. Sent image carriers are starting from the time of shipment at the risk of the other party until the image carriers are received undamaged by the photographer return.
8.2 Digital files with photographic works are supplied in good consultation and in a way agreed by both parties and from the time of shipment at the risk of the other party.
8.3 If no delivery time has been agreed, which in fairness by the photographer.
8.4 If the photographer and the other party agree that the lead time is early, the photographer has the right the originally agreed fee to increase by at least 50%.
5.3 each delivery, also a supply of a part of a composite command, can be individually invoiced if part of an command separately from value.
Complaints concerning the work done should as soon as possible, but in any case within ten working days after delivery of the photographic work to be communicated in writing to the photographer. The photographer has the right within a reasonable term still work good for rejected work, unless this would lead to disproportionate harm to the other party.
10. Possession/ownership image carriers
10.1 If not agreed that image carriers remain in the possession of the other party, beyond the agreed use for these free return without delay to the photographer. Not or not timely comply with this obligation does not lead to loss of any right of the photographer.
10.2 If photographic works as a digital file are supplied, the other party will immediately erase beyond the agreed use and/or destruction and not save for reuse. Not or not timely comply with this obligation does not lead to loss of any right of the photographer.
10.3 If an image carrier not within four weeks after the agreed time limit to the photographer is returned, he considered as missing.
10.4 In case of loss or damage to an image carrier the other party is the damage that the photographer as a result suffers.
10.5 Image carriers remain the property of the photographer. The other party has any rights on transfer of ownership if this is expressly agreed.
11.1 If sea shipment posted image carriers that are not being used, the other party must be returned within 10 working days of receipt.
11.2 As sea shipment receive digital files with photographic works that are not being used, must, within ten working days of receipt by the other party to be erased or destroyed.
11.3 In case image carriers and/or digital files be retained longer than the agreed with photographic work period, the other party is the damage that the photographer as a result suffers.
11.4 The other party is not only required to timely return of the original image carriers sent to him to the photographer, but he will also no manufactured duplicate in any form of image carriers and/or receive digital files with photographic works and every such duplicate right away (do) destroy.
12.1 A Commission contract is an agreement where the photographer to make vis-à-vis the other party connects to photographic works and/or deliver.
12.2 A command agreement comes about by accepted by the other party of the quotation submitted by the photographer. This acceptance may appear from sending by the photographer to the other party of a written order confirmation that is held by the other party to itself or, failing that, from the actual science and tolerating the other party from performing work in accordance with the quotation by the photographer.
12.3 The photographer has the right to all that is not expressly defined at a command agreement to own technical and creative insight.
12.4 Changes in the order for any reason by the other party and pending the execution of the assignment agreement, shall be borne by the other party and will only be carried out by the photographer after separate quotation of additional costs which by the other party for agreement has been signed and to the photographer is returned.
12.5 In case of cancellation of a Commission contract by the other party at any time and for any reason, the photographer has right to the agreed remuneration minus the not yet incurred.
12.6 Unless otherwise expressly agreed, the photographer completely free in the choice of suppliers and third parties with whom the photographer works to performance of the contract agreement, including models and stylists.
13.1 there should be no works, which on «I show My photo», be traded or sold on the internet be published without the express consent of «I show My photo» and of the author.
13.2 In case of use on the internet will the other Party agreed to ensure that the dimensions of the photographic work shown on the internet by her not be greater than 800 by 600 pixels.
13.3 The other party shall make copies of the photographic work – digital or otherwise – no other than those strictly necessary for the agreed use on the internet. At the end of the agreed use will the user used the (working) copy(s) of the photographic work erase or destroy.
13.4 The other party shall provide, free of charge, access to the photographer freely any part of its website on which the photographic work is depicted. If these special facilities are required then he will provide it to the photographer.
The copyright in the photographic work rests with the photographer.
15.1 Consent to use of a photographic work by the other party shall only be granted in writing and prior in the form of a license such as those by the photographer as to type and size is defined in the tender and/or the order confirmation and/or the supervisory invoice.
15.2 If nothing about the scope of the license is provided, money that this never is more than the right to single use, in unchanged form, for a goal, Edition and manner as parties in entering into the agreement in conformity with the understanding by the photographer, have meant.
15.3 In the absence of a specific agreed manner of publication and/or defined purpose and/or defined circulation only those powers shall be deemed to have been given, which are included by default in the license or, that from the nature and scope of the agreement necessarily result.
15.4 If permission has been given by the photographer for electronic or other forms of image manipulation, the result can only be used after its express written approval.
Unless otherwise agreed, the other party is not allowed to grant sublicenses to third parties.
17. Copyright infringement
17.1 Any use of a photographic work that is not agreed, is considered as an infringement of the copyright of the photographer.
17.2 In the event of infringement, the photographer a compensation amounting to at least three times the usual used by the photographer license fee for such kind of use, without any right to compensation for losses on other damages (including the right to compensation for all direct and indirect damage and all actual legal and extra-judicial costs).
18.1 The name of the photographer must be mentioned clearly at a used photographic work, or with a reference to the photographic work to be included in the publication.
18.2 In case of non-fulfilment of this condition is the photographer a fee of at least 100% of the common used by the photographer to lose license fee, without any right to compensation for other damages (including the right to compensation for all direct and indirect damage and all actual legal and extra-judicial costs).
18.3 When the other party written consent the photographic work to reproduce in any form whatsoever, is this is held to ensure that the name of the photographer is applied on these reproductions. In the case of digital/electronic copies the other party is also held to ensure that the full metadata – as they are by the photographer to part of the digital file are created-maintained; This applies to information according to the EXIF, IPTC, XMP and the the ICC standards.
19. Personality rights
19.1 The other party takes at the reproduction and publication of a photographic work at all times the personality rights of the photographer in accordance with article 25, paragraph 1 (c) and (d) Aw.
19.2 In violation of persoonlijkheidrechten referred to the photographer a fee of at least 100% of the common used by the photographer to lose license fee, without any right to compensation for other damages (including the right to compensation for all direct and indirect damage and all actual legal and extra-judicial costs).
20. Rights of third parties
20.1 The other party that a photographic work, it is to the exclusion of others responsible for obtaining permission from subjects and/or other copyright holders. The other party indemnifies the photographer at all relevant claims.
20.2 The photographer is required to ability to cooperate in tracking down the persons referred to in this article.
21. Liability photographer
The photographer shall not be liable for any damage which has arisen for the other party, unless there is gross negligence or intent on the part of the photographer or in each case the liability is limited to the amount of the invoice amount, or, if and to the extent that there is an insured loss, up to the height of the under the insurance actually paid somma.
Both the photographer if the other party shall have the right to terminate the agreement immediately in the event of the bankruptcy or receivership of the other party. In the event of bankruptcy of the other party, the photographer the right to terminate the license provided, unless the consequences are contrary to the reasonableness and fairness.
23. Right- and forum choice
23.1 All cases for which these general terms and conditions shall be governed by Belgian law.
23.2 The applicability of the Vienna Sales Convention 1980 (CISG) is excluded.
23.3 Any disputes regarding the text and explanation of these terms and conditions and a legal relationship between the photographer and the other party, the courts of TURNHOUT are competent.