Terms & Conditions Aboutimage 

 

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Unless special conditions to the contrary have been expressly accepted in writing in advance by the photographer, the present terms and conditions apply to the relationship between the photographer and the client and these terms and conditions take precedence over all other terms and conditions of the client.

 

Article 1: Definitions

1.1. Photographer: Aboutimage  (Cedric Michiels); 3020 Herent, Tildonksesteenweg 180A .

1.2. The other party:the natural or legal person who hires the services of the photographer in order to carry out a creation on his behalf and on his behalf. The photographer may consider as its client – held in its own name – anyone who has entrusted it with an assignment, unless this has expressly stated that it acts as a representative, body of a legal person, as an agent, in the name and on behalf of a third party. to which this will only be valid if the name and address of this third party, principal, legal entity or represented person is provided to the photographer at the same time as the assignment.

1.3. A photo session, photo series, photography, photo albums, photo shoot, print, production, product, website(s):the online or offline services, deliveries, activities to which the agreement relates.

1.4. An extra:the natural or legal person with whom the client has entered into an agreement in order to realize a partial aspect of the work to be performed. Also called model or photo model in professional jargon.

1.5. The participant:the natural or legal person who participates in the work or creations via the photographer on behalf of and on behalf of the other party.

 

Article 2: Price, quotes and cancellation of reservations

2.1.The prices applicable to the services are those published on the site and/or in an offer. The prices are expressed in euros, at the applicable VAT rate. 

2.2.Quotations are entirely without obligation, unless demonstrably stated otherwise. The photographer has the right to revoke this offer up to two days after receipt of the acceptance of his offer. The offer does not oblige delivery or performance of part of the performance at a proportional price. 

2.3.Prices can be changed at any time. The changed prices will apply to all orders placed after the change has been made.

2.4.In the event of cancellation by the client, the full advance will be charged. Regardless of the reason or time of the cancellation. A new date can be proposed by the photographer at no additional cost.

2.5.All quotations for commercial assignments from the photographer are without obligation. An order agreement between the photographer and the client with regard to the delivery of photographic and other visual material is only concluded by a written confirmation from the photographer or by a start of execution. In case of cancellation after the order agreement has been concluded, the photographer will be reimbursed as follows: - in case of cancellation up to 24 hours before: minimum 75% of the daily price for all reserved days, plus all costs incurred. - in case of cancellation up to 48 hours in advance: minimum 50% of the daily price for all reserved days, plus all costs incurred. - in case of cancellation up to 72 hours in advance: minimum 25% of the daily price for all reserved days, plus all costs incurred.

 

Article 3: TFP / TFCD photo sessions

3.1.The photographer can decide for himself whether a photo session falls under the TFP / TFCD status. Even if the other party has received a quotation in advance. Time for CD (TFCD) or Time for Pictures (TFP) is an agreement between the photographer and the other party whereby the other party invests time to pose and then receives photos from the photographer, without compensation. The photographer can decide this if he finds the results of such a nature that they can serve as a portfolio addition. In this case, the photographer will not issue an invoice.

 

Article 4: Placing the order (printing – cards – other)

4.1.When placing the order, you must provide precise and exact information about the identity of the recipient of the order and the delivery address and e-mail address to which confirmation of the order can be sent.

4.2.Any person or company that places an order with a request to charge it to third parties is held jointly and severally liable for payment.

4.3.An order does not bind the photographer until it has been confirmed by e-mail or any other means of communication available.

4.4.The order will only be delivered after payment has been received.

 

Article 5: Payments

5.1.The invoices are payable within a period of 8 days after the order. Exceptions to this only take place with the written consent of the photographer. In the event of late payment, an interest of 1% per month on the outstanding amount and a fixed compensation of 15% of this invoice amount will be due without notice of default, unless greater damage is proven. The advance is legally due to the photographer and is set off against the aforementioned compensation. The waiver of rights only takes effect at the time of full payment of the fee for waiver of rights.

5.2.After placing the order, the client receives an email confirmation of the order as well as the corresponding invoice, so that the client can transfer the amount to our bank account. Upon receipt of payment, the design, products and/or developed photos will be created and delivered. 

 

Article 6: Provision of services - expenses

6.1.Photos are delivered free of charge in the building where the photographer conducts his business.

6.2.Sent photos or other carriers are at the risk of the other party from the moment of shipment until the moment the photos or carriers are returned undamaged by the photographer. The photographer cannot be held liable for delays or delivery problems that can be attributed to De Post or by a third party.

6.3.The photographer only delivers to addresses in Europe.

6.4.The delivery time depends on the ordered product. If you want the processing delivered by us on photo paper, you must count on a maximum delivery time of 20 working days. Cards and photo albums are delivered within 30 working days after receipt of payment, unless stated otherwise on the quotation.

6.5.The delivery time always starts after receipt of your payment.

6.6.If you do not receive your order within one month after payment of your order, you have one week to inform the photographer.

6.7.The photographer will reproduce the lost consignment and/or re-develop the photos free of charge, or refund you the development of the affected photos and/or the design costs. Only the photographer decides on the choice between these two options.

6.9.If, despite the precautions taken by the photographer to guard against any risk of damage to the design and/or photos during transport, you receive the creation and/or photos in a damaged condition, you only need to return them return it to the photographer, who will provide the design and/or re-develop the damaged photos and send them to you free of charge.

6.10.If the shipment with the order returns to the photographer because you have provided an incomplete or incorrect delivery address, you cannot claim any compensation. At your request, the order will be sent again and you must pay the shipping costs.

6.11.The photographer is always entitled to request an advance payment from the client for costs. All travel costs such as transport tickets, overnight stays, catering, etc. are for the account of the client. They are either passed on to the client as part of the fee, or invoiced directly by the photographer to the client. Travel time and travel by the photographer can be charged for 50% of his fee.

6.12.The time used for location scouting, casting, pre-lighting, setting up and breaking down the decor and other preparatory activities can be charged for 50% of the hourly fee.

 

Article 7: Force Majeure

7.1.If the execution of the assignment is difficult or impossible to realize due to force majeure and it can be foreseen that the execution will be hindered for a period of more than 2 weeks, the photographer is entitled to cancel the assignment  without any notice of default and without any judicial intervention. In this case, the other party is obliged to compensate the photographer for the work already done. The photographer is under no circumstances obliged to pay any compensation to the other party.

7.2.In the event of force majeure, the photographer must notify the other party of this as a matter of urgency. After receipt of this notification, the other party has 2 weeks to dissolve the agreement. If the other party decides to dissolve, it is obliged to compensate the photographer for the work already done.

7.3.Force majeure includes: loss of the original digital files due to a crash, war, mobilization, riots, atmospheric disturbances, floods, storm damage, blockage in train, water, air or road traffic, lack of fuel, stagnation in , limitation or cessation of delivery by public utilities, fire, machine breakdown and other productions, creations, work disruptions, strikes, lockouts, government measures, non-delivery of materials and semi-finished products by third parties and other foreseeable at the time of the conclusion of the order and / or agreement and unforeseeable circumstances that disrupt the performance of the assignment and/or agreement and furthermore the circumstances that have such an influence on the content of the assignment and/or agreement that the other party cannot reasonably and fairly fail to comply with the assignment and/or agreement. or agreement cannot demand. This enumeration is not exhaustive.

 

Article 8: Quality of work

8.1.The photographer declares, according to his own standards, to take qualitative pictures and to edit them in his own style.

8.2.The performances and services provided by the photographer are always an obligation of effort, but not an obligation of result.

8.3.The photographer has the right to carry out everything that is not expressly described in an assignment according to his own technical and creative insight. Changes to the assignment by the other party for whatever reason and pending the execution of the assignment, will be borne by the other party and will only be carried out by the photographer after a separate quotation of additional costs that has been signed for approval by the other party and submitted to the photographer. photographer returned.

8.4.The client may be present or may send an authorized representative to the recordings. If they are not present, the client must follow the opinion of the photographer with regard to the proper execution of the assignment, without being able to exercise any recourse.

 

Article 9: Suppliers

9.1.Unless expressly agreed otherwise, the photographer is completely free to choose the suppliers and third parties with whom the photographer works in order to carry out the assignment.

9.2.The photographer can at all times propose a deviation from delivery to the other party if it appears that the products provided for in the offer are no longer available from the suppliers. In that case, the photographer will always deliver an equivalent product. 

 

Article 10: Corrections – changes - color deviations

10.1.The photographer must make the corrections indicated by the client, but is not liable for unmarked spelling, linguistic or grammatical errors.

10.2.Changes to the original order of any kind (in the text, in the editing or placement of illustrations, in the formats, etc.) made in writing or in any other way by or on behalf of the client, will be invoiced additionally to the client and will be extended the execution time. This also applies to machine stoppages in anticipation of the "good for order".

10.3.The photographer bears no responsibility for color deviations that may arise during the fulfillment of the assignment, for example due to the composition of the photographed objects or as a result of fluctuations in the color temperature.

10.4.The photographer is also not responsible if a shot is rejected because the briefing, concept or strategy of the client changes or because the product was delivered by the client with defects. In the aforementioned cases, the full fee and all costs are due. This also applies to any new recordings that are made afterwards, independently of the rejected recordings.

10.5.Changes made verbally, for example by telephone, are carried out at the risk of the client.

 

Article 11: Complaints

11.1.If you are not satisfied with the quality of the work, please inform the photographer by email at cedric@aboutimage.be 

11.2.All formal complaints regarding the delivery and/or performance of services must be made by registered mail within 7 days of receipt of the images.

11.3.No protest will be accepted after a period of eight days after the performance or invoice date.

 

Article 12: Copyright - Property law (Act of 30 June 1994 on copyright and related rights.)

12.1.The other party and/or the model confirms that he/she understands that he/she cannot claim copyright and copyright (including ownership) of the negatives and/or slides and/or photos and/or drawings made; neither in analogue nor in digital form.

12.2.The model and the promotional agency or promotional website commit themselves to mentioning the name of the photographer with every publication.

12.3.Neither the model nor the parents or guardian has any exclusive right to the shots taken, nor to the style or the edits applied to the photos.

12.4.In all circumstances, the photographer retains full ownership rights to all photo and other visual material supplied to the client, including ownership of the digital files, even if these are temporarily made available to the client.

 

Article 13: Reproduction right – Use of the supplied photos

13.1.A specified right of use is granted to the other party/client, which, however, is personal without this permission being passed on or resold.

13.2.It is prohibited for both parties to commercially exploit the photos, except with mutual written consent according to a new agreement to be made.

13.3.Unless otherwise agreed in writing, confirmed in writing by the photographer, the photographer's fee reimburses the photographer's time, experience, investment and waiver of reproduction rights only for the mode, form, destination, and territorial scope expressly agreed in writing and for a duration of one year. In the absence of such provision in the agreement, the photographer has the right to oppose the use of the photos until written agreement on these points. The client is responsible for the use by third parties of the photographic and visual material.

13.4.The client undertakes to allow any permitted exploitation of the photo and visual material to be accompanied by the statement: "Aboutimage.be copyright” with a statement of the year. The full fee and all costs incurred must be paid, even in the case of non- use of the recording.

 

Article 14: Portrait law

14.1.The photographer has the right to publish the photos for personal, non-commercial, promotional purposes. Also for exhibitions and/or photo competitions and publications in print and on the internet. If the model does not grant permission for this right, the photographer must be notified by email within 8 working days after the end of the photo session.

 

Article 15: Storage of the digital files

15.1.The photos taken by the photographer on the basis of a quote or TFP and TFCD are kept for a minimum of 30 days after the end of the session. The photographer cannot be held liable in any way in the event of force majeure leading to loss of data (including a defect in the memory card, camera and/or material or data crash).

15.2.If an order has actually been placed, the relevant designs and/or photos can be safely stored for a period of 45 days in order to resolve any fulfillment or delivery problem with your order. This period is extended if the photographer needs to redevelop your design and/or photos.

15.3.The order data held by the photographer will be kept for 5 years for accounting purposes.

 

Article 16: Liability

16.1.Under no circumstances can the photographer be held liable for indirect damage resulting from any use or performance of the services, such as loss of profit or loss of data.

16.2.In the event of direct damage, the photographer's liability is limited to the compensation paid by the client for the service that caused the damage.

16.3.The photographer can under no circumstances be held liable for physical or material damage caused by falling, slipping, etc. of the other party during the photo session.

16.4.Under no circumstances can the photographer be held liable for the loss and/or damage to property of the other party before, during or after the photo session.

16.5.The photographer is not responsible for the objects that are necessary for the realization of an assignment. All clothing, collection items and accessories will be treated with the necessary care, but the photographer cannot be held responsible in the event of damage or loss. In certain circumstances, such as, for example, during relocation, or in the case of a high value of the objects, the photographer can have the goods insured and the photographer is entitled to pass on the costs thereof to the client.

16.6.The photographer is not liable for obtaining the agreement of the holders of copyrights, neighboring rights, image rights, trademark rights, whose works, performances, images or brands are depicted on the material and are necessary for the use of the photographic and other images or to pay the associated costs. These amounts are not included in the fee, even if the selection of the depicted person was carried out by the photographer on behalf of the client. If necessary, the client will indemnify the photographer against any claim that these holders may assert against the photographer as a result of the exploitation of the photographic and other visual material by the client.

16.7.The liability of the photographer in producing images does not extend beyond his own intervention. The photographer is therefore not responsible for the behavior, punctuality or professional performance of any employee, model, actor, extra, even if he was contacted by him on behalf of the client.

16.8.The photographer is not responsible for any postponement or cancellation of a production or recording due to late delivery by the client or its subcontractor of a product or accessory, or to the punctuality or erroneous behavior of the latter.

16.9.The photographer is not liable for damage or loss caused by the development lab, a defect in manufacturing, airport x-ray checks, etc., loss by airport, postal or courier services. This enumeration is not exhaustive. In all those cases, the photographer's fee is also due in full. In the event that the photographer's liability should nevertheless be compromised, the compensation owed by him cannot exceed the fee for that specific assignment.

 

Article 17: Warranty

17.1.If, after finishing the photo design, an error has crept into the text that was also incorrectly passed on by you, we will recreate the design with a discount of 15%. 

 

Article 18: Changes to conditions

18.1.The photographer can change these special conditions at any time. The other party must regularly take note of the applicable conditions.

 

Article 19: Applicable law and competent courts

19.1.These conditions are subject to Belgian law. For any dispute regarding the application of these terms and conditions and/or the implementation of the development service, the court of LEUVEN has sole jurisdiction.