TERMS & CONDITIONS
The Other Party agrees to the following conditions for each assignment;
General terms and conditions of DuPho. (Dutch Photographers Network)
The General Terms and Conditions of Dupho, dated August 2016, apply.
In these General Terms & Conditions the following terms have the meanings referred to: Aw: Copyright Act [Auteurswet] 1912 Photographic Work: photographic works as referred to in Article 10, section 1, subsection 9 of the Aw, or other works covered by the Aw that can be equated with said photographic works. Photographer: the user as defined by Book 6, Article 231 of the Dutch Civil Code. Other Party: the other party as defined by Book 6, Article 231 of the Dutch Civil Code. Usage: copying and/or publication as defined by Article 1 in conjunction with Articles 12 and 13 of the Aw.
These General Terms and Conditions apply to all legal relationships between a Photographer and Other Party, including offers, confirmations of commissions and oral or written agreements, even after the termination of an agreement, u
3.1 If the parties have not agreed a price, the Photographer will fix the price in a reasonable and fair way, bearing in mind the scope and extent of the desired usage of the work by the Other Party.
3.2 Necessary costs and/or additional work must be paid by the Other Party.
4. Invoice and payment
4.1 Payment will be made within 14 days of the date of the invoice.
4.2 If the Other Party is in default or otherwise failed to fulfill one or more of its obligations, including an infringement of copyright, all costs incurred by the Photographer in order to obtain payment in and out of court will be borne by the Other Party.
4.3 All use of the Photographic Work, in any shape or form, is prohibited until the Other Party has paid any of the Photographer’s invoices which might be outstanding.
4.4 An introductory meeting is free and without obligation. After the appointment, an agreement will be given to the quotation by email. After the first down payment of 30% of the total amount, the offer is binding. The remainder of 70% must be paid one week before the date. If the Other Party wishes to cancel the contract, the 30% deposit is non-refundable.
4.5 Design. When purchasing albums, the price of the album must be paid in advance.
After receiving the preview of the album, the Other Party has a maximum of 4 weeks to pass on changes to the design to the photographer and is given the opportunity to have changes made to the design a maximum of three times. A larger number of changes and / or changes at a later time are only possible against payment. The Photographer does not have photo books printed before the client has approved the design. When the design phase has started, or has already been completed, it is no longer possible to refrain from purchasing the book.
Complaints regarding the Photographic Work supplied must be reported to the Photographer in writing/by e-mail as soon as possible, within a maximum of ten working days of its delivery. The Photographer has the right to substitute the rejected work with good work within a reasonable period, unless this would cause disproportionate damage to the Other Party.
6.1 The photographer is entitled to carry out work which is not explicitly described in a assignment at his/her own technical and creative discretion.
6.2 Changes to the assignment by the Other Party for whatever reason, will be borne by the Other Party and will only be carried out by the Photographer after a verbal agreement in case of urgency or via email a separate quotation of additional costs charged by the Other Party.
6.3 In the event of cancellation of an assignment by the Other Party, at any point in time and for whatever reason, the Photographer will be entitled to the agreed payment. In the event of cancellation, a non-professional client will only owe a reasonably determined part of the payment, bearing in mind the work already performed.
6.4 The Photographer can cancel the assignment at any time. The Photographer is not liable for any costs incurred by the Other Party. The Photographer is obliged to cooperate to the best of his/her ability in the search for a suitable solution.
The copyright of the Photographic Works is owned by the Photographer. The Other Party gives permission to the Photographer to be allowed to use the photos taken for commercial purposes. Such as portfolio, social media, website and in printed matter such as flyers. If the Other Party does not want the photos to be used for this, the Other Party must notify the Photographer in advance. When purchasing a USB with digital files, the customer has the right to reproduction for his/her own use. If the c Other Party posts the photos on social media, the photo may not have been edited other than that the photo was delivered.
8.1 Permission to use a Photographic Work by the Other Party will be granted exclusively in writing/by e-mail in the form of a licence, of which the nature and scope is described by the Photographer in the offer and/or the confirmation of the commission and/or the relevant invoice.
8.2 If the scope of the licence is not specified, it will never extend beyond the right to one single use, in original form and for a purpose, circulation and method as intended by the parties at the time they enter into the agreement, in accordance with the Photographer’s interpretation.
8.3 Exclusive use must always be agreed explicitly in writing and is not covered by the right to use referred to in Article 8.2.
8.4 The Other Party is not permitted to transfer the right to use described in this article to third parties unless the Photographer has granted written permission in advance.
8.5 Unless otherwise agreed, the Other Party is not entitled to grant sub-licences to third parties.
9. Infringement of copyright
9.1 Any unauthorized use of a Photographic Work is deemed to be an infringement of the Photographer’s copyright.
9.2 Any infringement entitles the Photographer to claim compensation of at least three times the licence fee usually charged by the Photographer for such type of use, without losing any right to claim compensation for other damage (including the right to compensation for all direct and indirect damage and all judicial and extra-judicial costs actually incurred).
10. Reference to name and Personality Rights
10.1 The name of the Photographer must be clearly credited alongside the Photographic Work used, or included elsewhere in the publication with reference to the Photographic Work.
10.2 In the event of the copying or publication of a Photographic Work the Other Party will, at all times, observe the Photographer’s personality rights in accordance with Article 25, section 1, subsection c and d of the Aw.
10.3 In the event of any infringement of the Photographer’s personality rights ex Article 25 of the Copyright Act, including the right to be named, the Other Party will owe compensation of at least 100% of the licence fee usually charged by the Photographer for such type of use, without losing any right to claim compensation for other damage (including the right to compensation for all direct and indirect damage and all judicial and extra-judicial costs actually incurred).
11. Liability and rights of third parties
11.1 The Photographer is authorised to enter into this Agreement and grant the aforementioned Licence.
11.2 The Photographer is not liable vis-à-vis the Other Party for claims by third parties and/or damage resulting from the use and publication of the Work, except in the event of gross negligence or intent on the part of the Photographer.
11.3 The Photographer’s liability is, in any event, limited to the invoice amount or, if and insofar related to insured damage, to the amount of the sum actually paid out by the insurance.
11.4 If third parties give notice of, or submit, a claim vis-à-vis the Photographer and/or Other Party with regard to the Work, the Other Party and the Photographer will determine, on the basis of mutual consultation, whether they are going to submit a defence and how.
The Photographer and the Other Party are each entitled to terminate the agreement with immediate effect if the Other Party becomes bankrupt or is granted a moratorium. In the event of the bankruptcy of the Other Party, the Photographer will have the right to terminate the licence.
13. Choice of law and forum
13.1 All matters governed by these General Terms and Conditions are subject to 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 brought before the court with relevant jurisdiction in the Netherlands.
DuPho. | Dutch Professional Photographers Piet Heinkade 181-K 1019 HN AMSTERDAM
© DuPho. August 2016 The original Dutch version of these General Terms and Conditions has been filed with the Court of Amsterdam under reference number 66/2016