Article 1. Definitions
Terms and definitions as used below:
1. Proposal: all offers by Studio Phylicia (legal)persons with whom a contract is trying to be negotiated;
2. Contract: the contract regarding the assignment between Studio Phylicia, for all future references referred to as ‘the contractor’ and the person or persons with whom the contract is entered into; for all future references referred to as ‘the client’;
3. Assignment: the service or product that will be provided by the contractor;
4. Contractor: sole proprietorship Studio Phylicia, also the provider of these terms and conditions;
5. Client: the (legal)person or persons with whom the contractor entered into the contract also the one accepting these terms and conditions;
6. Cancel: to terminate the contract;
7. Written: when spoken of ‘written’ in these terms and conditions all electronic communication like for instance email is also covered in this term; provided that the identity of the sender and authenticity of the communication has been established. The onus regarding reception of electronic communication will at all times lie with the client,
8. Use: Reproduce and / or make public according to the Copyright.
Article 2. Application
These terms and conditions apply to all legal relationships between the contractor and the client as well as all proposals, offers, oral and written agreements. Provisions and conditions set by the contractor that deviate from or are not mentioned in these terms and conditions will only be contractually obligatory for the contractor if and when explicitly accepted in written form by the client.
Article 3. Offer
1. The contractor will make an offer in the form of a proposal, price list, or summary of an oral agreement, detailing what services will be provided at what cost.
2. Accepting an offer will always be done in written form.
3. Unless otherwise contractually agreed upon the offer will lose it's validity 5 workdays after the send by date on the offer send by the photographer.
4. The proposal does not obligate performance standard. Price quotations in offers and proposals may vary or be changed due to (unforseen) circumstances, changes tot he assignment, or price increase on materials. The contractor will inform the client of changes as soon as possible.
Article 4. Accepting an assignment
1. The client will explicitly accept the offer in written form. When the client fails to do so but still agrees upon the contract or the impression was made that the contractor was doing their job according to the wishes of the client or according to the agreement, then the offer will be perceived and treated as accepted.
2. The contractor is permitted to refuse an assignment if new information comes to light after the acceptance of the agreement that will deem the assignment unacceptable to the contractor.
3. After acceptance the contract can only be changed upon by mutual agreement. The contractor will then be obliged to chance the contract accordingly.
Article 5. Execution of the assignment
1. The contractor will execute the assignment as good as possible based on ability and professional insight and in their usual professional style. The contractor beholds the right to add upon or execute the assignment according to technical and creative insights but always in the style and up to the standard of quality usually provided.
2. The contractor will always do their best and will work according to their best insights during the circumstances revolving the photoshoot and/or reportage. The contractor is obliged to create the most optimal circumstances for the client as possible.
3. The selection of photographs to be delivered will be the responsibility exclusively of the contractor based on their quality and style criteria.
4. The contractor will not offer insight into non disclosed images or raw materials.
5. The contractor will deliver images up to their usual standard and in their usual style on which global image optimization will be applied. The contractor will deliver their own selection of images on which the client does not consult and does not have a say over.
6. The contractor is obliged to do all that is reasonably required to complete the assignment as swift and accurate as possible.
7. The number of photographs delivered varies due to the length of the assignment and other variables that cannot be set beforehand.
8. The contract may be terminated in the event of force majeure. In all other cases of unforeseen circumstances on the side of the contractor which will make them unable to fulfill the assignment, they will as far as reasonably possible try to provide another photographer who shoots in a similar style.
9. In the event that a replacement photographer cannot be found for the wedding day, the contractor will offer a free two hour ‘after-wedding-shoot’. The contractor is obliged to maintain all their equipment and materials but will not be responsible when images are lost due to technical failure in the event of force majeure.
Article 6. Delivery terms
1. The contractor will work based on an estimated timeline unless otherwise agreed upon.
2. The contractor will deliver images shot in their usual style. The images will be edited on light, colour and contrast but will not undergo an extreme post processing to eliminated or change existing elements in the photographs.
3. The contractor will deliver a selection of photographs taken during the wedding or shoot. The contractor will make this selection based on their professional insights. The contractor will never deliver all photographs taken or raw materials.
4. The contractor will deliver the images nine weeks after the wedding or two weeks after a short shoot via an online gallery or USB-stick.
5. All photographs will be delivered in colour. Certain photographs will be changed to black and white upon choice by the client.
6. Delivery of the album will go according to the procedure set in article 7 of these terms and conditions.
7. In the event of a wedding, the album will be designed and delivered no sooner than after the payment of the last invoice send by the contractor has been made by the client and received by the contractor. In the event of a photoshoot the images will not be delivered before the last invoice has been paid in full.
8. Digital files with photographic content will be delivered in the way agreed upon by both parties (contractor and client) and will be the liability of the client from the moment of shipping onwards.
9. In the event that a delivery period has not been set this will be set according to all reason by the contractor.
Article 7. Album
1. The contractor will provide a selection and first mark-up of the album according to professional insights, to style, and without the consent of the client. The first design will be delivered at most four weeks after payment for the last invoice has been received.
2. The contractor beholds the right to request changes to the album design twice without any additional cost. After this the contractor has the right to charge €50, - per additional change.
3. Allowed changed include completely throwing out spreads (two consecutive pages) or replacing individual photographs by a photograph of equal measurements.
4. The client is permitted to request changes up to 14 days after receiving the design.
5. The will make the changes requested to the design within 14 days after receiving them
6. The contractor is dependent upon their supplier and will inform the client as soon as possible in the event of a longer delivery time.
7. The delivery of the album will take place after the last invoice has been paid in full.
8. In the event that an album has been damaged in the delivery process the client is obliged to divulge this to the contractor within 2 days after receiving it. After this period the contractor will no longer take the complaint into consideration and will no longer repair any damage.
Article 8. Compensation
1. When a fee has not been discussed and agreed upon, the contractor’s usual fees apply as mentioned on their website or in their e-mail correspondence with the client.
2. In the event that it is plausible that the contractor had additional expenses or did supplemental work; an additional fee will be charged to the client.
3. the final compensation on the invoice will be based on work done and expenditure based on calculations after the assignment.
4. In the event of a wedding photoshoot a booking fee (advance amount) will be charged of 75% of the eventually to be paid amount. The payment term for this will be five days after signing the contract.
5. All cost mentioned by the contractor include travel cost within The Netherlands and taxes unless otherwise agreed upon.
Article 9. Payment terms
1. Unless otherwise agreed upon the contractor will send the client an (electronic) invoice of the amounts due.
2. Unless otherwise agreed upon the payment term is five working days after the date on the invoice.
3. When payment has not been received after the agreed upon term 10% interest will be legally added to the indebted sum. In the event that the client does not pay their debt legal measures will be taken.
Article 10. Cancellation and Postponing
1. When an invoice has not been paid within the set term the contractor has the right to postpone all work after notice has been given to the client until payment has been received.
2. When the client does not divulge the necessary information or does not show up (in a timely fashion) while this was a necessary requirement to execute the assignment, then the contractor beholds the right to postpone or end the contract.
3. Suspension or dissolution of the agreement takes place in writing. The following conditions apply in case of cancellation: A portrait session can be canceled up to one month before the scheduled session. A new date is then proposed by the contractor at no additional cost. In case of cancellation by the client within one month prior to the planned session, cancellation costs will be charged at the agreed amount. If the client cancels a wedding report, a cancellation fee of € 200 will be charged. Regardless of the reason or time of the cancellation. The advance amount is not refunded to the client (the cancellation costs are not equal to the advance amount.) The above mentioned cancellation costs are 10%. Regardless of the reason or time of the cancellation. The advance amount will not be refunded to the client (the cancellation costs are not equal to the advance amount.) The client's payment obligation also applies if the client does not wish to use the work or products manufactured under the agreement. statutory interest is due on the outstanding invoice amount without further notice of default by the contractor.
Article 11. Complaints
1. Complaints about the execution of the assignment and/or objection to an invoice are required to be made in written form to the contractor within five work days of the date on the invoice.
2. Complaints about delivered products are required to be made in written form to the contractor within five work days of receiving them.
3. Complaints made know after the term of five work days will not be taken into consideration. Submitted complaints or objections do not postpone payment obligation by the client.
Article 12. Copyright license
1. Copyright as well as other rights regarding intellectual property are owned by the contractor regarding all created or provided materials for the assignment.
2. Unless otherwise agreed upon the contractor holds the right to use the work for their own promotion.
3. The contractor is not permitted to spread the work for commercial purposes.
4. Digital or analogue editing of the delivered work is not allowed without written permission from the contractor.5. Only when clearly visibly using the name of the contractor is the work allowed to be made public.
6. The contractor is not allowed to give out sub licences to third parties or transfer their own license to another unless previously agreed upon with the client.
7. The contractor is required to ask for permission in written form from the client when using a photograph made for them as an entry for a competition or publication by a third party.
8. All use and publication of work owned by the contractor that has not been legally signed off on by them will be considered copyright infringement by the client.9. When committing copyright infringement, the client will be charged the SOFAM-tariffs. Compensation does not give the right to further use the contractor’s work.
Article 13. Liability
1. The contractor is not liable for damages unless there was intent or fault on their part or their representatives.
2. The contractor is not liable for colour deviation on not calibrated screens and monitors or on print outs made by others than the contractor themselves.
3. The liability will never be higher than the amount set in the invoice.
Article 14. Changes made to these terms and conditions
1. The contractor beholds the right to change or add to these terms and conditions.
2. Changes will be presented to the client in a timely manner by the contractor.
3. In the event that the client does not wish to accept a proposed change by the contractor then the client beholds the right to terminate the contract until the date on which the new terms and conditions start to apply.