Terms and conditions
TERMS AND CONDITIONS
In these General Terms and Conditions:
General Terms and Conditions: the present terms and conditions that apply to all Agreements between the Photographer and the Client.
Photographer: the Photographer who is a member of the Dutch Association of Journalists (NVJ) and user within the meaning of Article 6:231 of the Dutch Civil Code, namely DCI Media B.V. established in Best, also trading under the names FotoMeulenhof and Fotopersburo van de Meulenhof
Client: the other party of the Photographer and other party within the meaning of Section 6:231 of the Dutch Civil Code.
Agreement for assignment: the agreement for assignment concluded between the Photographer and the Client pursuant to Article 7:400 of the Dutch Civil Code, which may or may not be concluded by means of an order confirmation or an approved offer.
Photo: the photographic or video graphic work produced by the Photographer
Licence: permission from the Photographer to the Client for publication and reproduction of the Photo by the Client.
License purchase: the agreement between Photographer and Client that exclusively pertains to the purchase of a License for a Photo without an Agreement for assignment being concluded
Article 1. Applicability
1.1 These General Terms and Conditions apply to all quotations, Commission Agreements and License Purchases of the Photographer.
Article 2. Order of Assignment
2.1 The Photographer has the right to carry out the assignment within the framework of the Agreement for services according to his own technical and creative insight.
2.2 Changes to the Commission Agreement by the Client are only valid if the changes have been expressly confirmed in writing by the Photographer. Tacit acceptance of the change is excluded. The costs of changes are for the account and risk of the Client.
2.3 If during the execution of the Commission Agreement it appears that, in the sole opinion of the Photographer, it is necessary for a proper execution of the Commission Agreement to change or supplement the work to be performed, the parties will mutually consult the Commissioning Agreement accordingly and the Photographer is entitled to additional compensation.
Article 3. Termination
3.1 If the Client terminates the Commission Agreement prematurely, for whatever reason, the Client is obliged to pay the agreed fee in full, regardless of whether the Photographer has performed work. This payment obligation does not apply to the non-professional Client, who owes a reasonably determined part of the agreed fee in the event of cancellation.
3.2 If the Client cancels the Commissioning Agreement within 24 hours after it has been concluded and the Photographer has not yet started the work, the Client is not obliged to pay the agreed fee.
3.3 A Commission Agreement for which the Photographer must immediately perform work cannot be terminated.
3.4 Both the Client and the Photographer have the right to immediately terminate the Commission Agreement in the event of bankruptcy or suspension of payment of the other party.
Article 4. Duration of Assignment Agreement and terms
4.1 The Commission Agreement ends by operation of law after the Photo has been delivered, unless the parties have agreed otherwise. If the parties have agreed on a term for the delivery of the Photo, this is never a strict deadline.
Article 5. Complaints
5.1 Complaints about the quality of the Photo or the performance of the Commission Agreement must be made known to the Photographer in writing and with reasons as soon as possible, but no later than within 10 working days after delivery of the Photo. After this period has expired, the Client can no longer invoke non-compliance with the Commission Agreement by the Photographer and the rights associated with this will lapse.
Article 6. Copyright and right of use
6.1 The copyright in the Photo rests exclusively with DCI Media.
6.2 The License is granted by DCI media in writing in the Commission Agreement or the License Purchase.
6.3 If the Commission Agreement or License Purchase has not been concluded in writing, or if the Commission Contract or License Purchase does not further specify the License, the Client will not acquire more than a one-time non-exclusive License for the purpose, the manner and the number that the parties had in mind when entering into the Commission Agreement or the License Purchase.
6.4 An exclusive License can only be agreed upon by deed.
6.5 The License is granted subject to timely and full payment of the invoice. If the Client fails to pay the Photographer's invoice on time and in full, the License will expire retroactively. All publications and/or reproductions already made by or on behalf of the Client will then be regarded as an infringement of DCI media's copyright and must be discontinued from the day after the due date of the invoice. From the day after the due date of the invoice, the Client is liable for compensation to DCI media as described in Article 6.6 of these General Terms and Conditions.
6.6 Any disclosure of the Photo by or on behalf of the Client that is not covered by the License is regarded as an infringement of copyright as a result of which the Client is liable to pay damages to DCI media as described in 6.6 of these General Terms and Conditions.
6.7 In the event of copyright infringement, the Client will owe DCI media compensation amounting to at least three times (300%) the agreed or customary fee for such use, without prejudice to the Photographer's right to compensation under the law.
6.8 The License is not transferable except with the express prior written consent of DCI Media. The Client is not permitted to grant sub-licences to third parties without the express prior written consent of DCI Media.
6.9 In the event of liquidation, bankruptcy or suspension of payment of the Client, the License ends by operation of law, unless the parties agree otherwise in writing.
6.10 Termination of the Commission Agreement does not affect the License granted and the related rights and obligations, unless the Commission Agreement has been terminated pursuant to the provisions of 6.9 of these General Terms and Conditions.
Article 7 Personality Rights
7.1 The Client shall observe the personality rights of Article 25 of the Copyright Act 1912 when publishing and/or multiplying the Photo. The Client is always obliged to clearly state the name of the Photographer AND DCI Media when publishing and/or reproducing the Photo.
7.2 For every infringement of the personality rights accruing to the Photographer pursuant to Article 25 of the Copyright Act 1912, including the right to attribution, the Client owes compensation of once (100%) the agreed or customary compensation.
Article 8. Invoicing and payment
8.1 Payment is made within 14 days of the invoice date, unless the invoice states otherwise.
8.2 Invoicing can take place from the moment of delivery of the Photo.
8.3 If the Client does not use the License, this does not release the Client from its payment obligation.
8.4 The Client is not entitled to suspend the payment obligation.
8.5 In the event of late payment, the Client owes statutory commercial interest calculated from the first day after the payment term has expired, with non-professional Clients the statutory consumer interest. In the event of late payment, the Client owes extrajudicial collection costs of at least 15% of the principal sum, with a minimum of € 75.00. For non-professional Clients, the extrajudicial collection costs are determined on the basis of the Debt Collection Costs Act, with a minimum of €40.00
8.6 In the event of liquidation, bankruptcy or suspension of payment of the Client, DCI Media's claims are immediately due and payable.
Article 9. Liability
9.1 DCI Media is, except for intent or gross negligence on the part of DCI Media, never liable for damage of any nature whatsoever resulting from the publication and/or reproduction of the Photo, whether or not suffered by the Client.
9.2 The liability of DCI media is in all cases limited to the direct damage actually suffered by the Client.
9.3 Without prejudice to the provisions of Articles 9.1 and 9.2, the liability of the Photographer is at all times limited to the amount of the invoice. The Photographer expressly excludes any further compensation for damage.
9.4 If third parties announce or bring any claim against the Photographer with regard to the disclosure of the Photo by or on behalf of the Client, the Client and the Photographer will determine in consultation whether they will defend this and how this will be done. Photographer and Client each bear their own costs.
Article 10. Choice of law and forum
10.1 These General Terms and Conditions and all Agreements and License Purchases are governed by Dutch law.
10.2 All disputes arising from a Commission Agreement, License Purchase or these General Terms and Conditions will, unless otherwise prescribed by law, be submitted to the competent court in the Netherlands.