Terms and Conditions
A LITTLE BAD, BUT IT IS PART...
By booking a photo report with Monique Bonnema Photography you agree to the following terms and conditions:
In these general terms and conditions, the following definitions apply:
1.1 Agreement: the assignment agreement between Monique Bonnema Photography (hereinafter: Photographer) and the person or persons with whom the agreement is concluded (hereinafter: client)
1.2 Quotation: all offers and quotations from the Photographer with which it is intended to enter into an agreement.
1.3 Assignment: the service or product that will be delivered by the Photographer.
1.4 Photographer: Monique Bonnema Photography, Chamber of Commerce 66393272, also user of these general terms and conditions and contractor.
1.5 Client: the person or persons with whom the Photographer has concluded the agreement, also accepting these general terms and conditions.
1.6 Cancellation: termination or dissolution of the agreement.
1.7 Written: electronic communication such as email, provided the identity of the sender and the authenticity of the communication are sufficiently established. The burden of proof regarding receipt of electronic communication lies with the Client at all times.
1.8 Use: to reproduce and/or make public within the meaning of the Copyright Act.
1.9 Photo report: the execution of the agreed photography.
1.10Execution date: the date of the day on which the photograph is taken.
1.11 Wedding photography: photography performed during and around a wedding.
1.12 Family photography: photography performed during and around a family.
1.13 Newborn photography: photography performed during and around a Newborn.
1.14 Post-processing: the Photographer correcting the individual photos for colour, contrast and cropping.
2.1 These general terms and conditions apply to all legal relationships between the Photographer and the Client and also to all quotations, offers and agreements.
2.2 The Client can set terms or conditions that deviate from, or do not appear in, these general terms and conditions. These terms or conditions are only binding if and to the extent that they have been expressly accepted in writing by Photographer.
2.3 The Client's general terms and conditions are expressly rejected.
3.1 The Photographer makes an offer in the form of a brochure with prices or a quotation.
3.2 Unless otherwise agreed, the offer loses its validity 30 days after the date of dispatch by Photographer.
3.3 Quotations in offers and quotations may undergo changes due to (unforeseen) changes in the work or price increases of the raw materials. The Photographer will inform the Client of this as soon as possible.
4. ACCEPTANCE OF THE ORDER
4.1 The client must accept the offer explicitly and in writing.
4.2 If the Client does not agree to this, but does agree to it, or in any case gives the impression that the Photographer performs work within the framework of the agreement, the offer will be considered as accepted.
4.3 The Photographer may refuse an assignment if new information becomes available after acceptance that makes it unacceptable for the Photographer to carry out the assignment.
4.4 After acceptance, the agreement can only be changed with the consent of both parties. In that case, the photographer can adjust the fee for the assignment.
5. PERFORMANCE OF THE ORDER
5.1 The Photographer will carry out the assignment in her own usual style, as shown on its website. The photographer will carry out the assignment to the best of his knowledge and ability and in accordance with the requirements of good workmanship.
5.2 The Photographer will make every effort and will act to the best of his ability within the circumstances of the execution of the assignment.
5.3 The Client is obliged to make the circumstances as favorable as possible for the Photographer and to take measures where necessary, including, but not limited to, instructing other attendees.
5.4 The Client will do what is reasonably necessary and desirable to enable a timely and correct execution of the assignment. This includes the time and correct information of those who are photographed, with regard to times and locations. If the Client fails to fulfill its responsibilities, the Photographer has the right to suspend the execution of the assignment or to dissolve the agreement.
5.5 In the event of serious circumstances that make it impossible for the Photographer to carry out the assignment himself on the agreed date, the Photographer will arrange for a replacement Photographer if necessary, or agree on a new date if possible.
6.1 The photographer makes a selection of the photos at his own discretion. The photographer delivers the photos in her usual style, whereby a global image optimization is applied to, among other things, light, colour, contrast and crop.
6.2 The Photographer will only perform some post-processing to remove or reduce existing elements in the photo, including, but not limited to, eliminating or reducing disruptive elements in the environment and matters of a temporary nature. Post-processing outside the above is only after consultation with the Photographer and may incur additional costs.
6.3 The Photographer only supplies edited photo files and never supplies raw files or RAW files of photos. In addition, it is not possible to receive all photos taken.
6.4 Photographer only uses estimated delivery times, unless otherwise agreed. If there is a longer delivery time, the Photographer will notify you as soon as possible.
6.5 The Photographer will provide an online preview within 48 hours of the execution date. After approval by the Client, the Photographer will post it on Facebook. If the aforementioned term is not feasible, the Photographer will let you know as soon as possible.
6.6 Depending on the agreed photography, digital photo files will be delivered in jpg format via an online photo gallery no later than 6 weeks after they have been made available online.
6.7 The photo gallery remains available to the Client for 2 months. This period can be extended for a fee. Depending on the agreed photography, the Photographer will deliver an online blog within 6 weeks. The blog and (possibly) a (birth) story will be placed on the Photographer's website.
6.8 If agreed, the Photographer will deliver a photo book in accordance with Article 8 of these terms and conditions.
6.9 After delivery of the files, the client is responsible for a back-up. The Photographer keeps the files for a maximum of one year.
7.1 The photographer will not start designing the photo book until the entire invoice for the photography and the photo book has been paid.
7.2 The first design of a photo book will be submitted digitally within 4 weeks after the report has been delivered.
7.3 The Client will be given a maximum of two opportunities to have changes made to the design. In these rounds of editing, up to 20 minor adjustments can be made per round, including, for example, minor layout changes, swapping photos for photos with the same proportions, or removing some words. Additional rounds of changes or more drastic changes and/or changes at a later date are only possible in consultation with the Photographer and against payment of an additional fee.
7.4 The Photographer will submit a new design to the Client within 14 days of the requested changes.
7.5 The Photographer will not have photo books printed until the Client has approved the design.
7.6 If the Photographer has not received a response to the latest design within 3 months, the Client will consider the latter design to be approved and the Photographer will proceed with the order.
7.7 The Photographer will send the photo book to the Client by post, unless otherwise agreed. The delivery term is within 8 weeks after approval of the design. The delivery time may depend on the chosen material. If there is a longer delivery time, the Photographer will notify you as soon as possible.
7.8 If damage occurs during normal use after delivery of the photo book, the Client must notify the Photographer of this in writing as soon as possible within 2 months after discovery. The Client will give the Photographer the opportunity to investigate the report and to repair any manufacturing defects or have them repaired.
7.9 The client will not store the photo book at home in a damp room, in the sun or near radiators or other heat sources. Preferably, the Client will store the photo book in a suitable place. Damage caused by falls, stains, sun, moisture or other damage caused by improper use is at the expense of the Client.
7.10 Prices of photo books may change. These changes will not be passed on to the Client earlier than 3 months after the agreement has been concluded.
8.1 If no compensation has been agreed by the parties, the usual compensation used by the Photographer will apply. If it is not possible to speak of a customary fee, the Photographer will charge a reasonable and fair fee for the delivered goods.
8.2 If the agreement is amended or supplemented, the Photographer is entitled to adjust and increase the price accordingly.
8.3 If it is plausible that the Photographer has incurred higher costs and/or has performed additional work, which were reasonably necessary, the Photographer will pass this on to the Client.
8.4 The final fee is passed on the basis of work performed and costs incurred on the basis of subsequent calculation with due observance of the agreed hourly rate and other customary prices.
8.5 All amounts stated by the Photographer include VAT, unless otherwise agreed.
9. PAYMENT TERMS
9.1 The Photographer will send a (digital invoice) to the Client for the amount owed by the Client, unless otherwise agreed.
9.2 The Photographer may require a deposit of 25% of the amount quoted. This deposit must be paid prior to the execution of the assignment, unless otherwise agreed.
9.3 Unless otherwise agreed, the payment term is 14 days after the invoice date.
9.4 The payment obligation also continues to apply if the Client does not wish to use the work or products that have been manufactured or could be manufactured within the framework of the agreement. In such a case, the client is not entitled to a discount or refund.
9.5 If the Client does not pay on time, the Client will receive a payment reminder to pay the invoice within 14 days. This payment reminder will serve as a notice of default. If the Client also does not pay the invoice within this period, statutory interest and collection costs will be charged from the due date on the payment reminder.
9.6 The Photographer will send a (digital invoice) to the Client for the amount owed by the Client, unless otherwise agreed.
10. GIFT VOUCHERS
10.1 Photographer can use gift vouchers with a monetary value.
10.2 The Photographer offers the Client the credit stated on the gift voucher once, against surrender of the gift voucher.
10.3 The Photographer only offers personalized gift vouchers. Gift vouchers are therefore not subject to the right of withdrawal and cannot be returned.
10.4 Gift vouchers are valid indefinitely, unless stated otherwise.
10.5 Gift vouchers can only be used once and must be spent in one go, any remainder will be forfeited.
10.6 The Client cannot use a gift voucher afterwards or with retroactive effect, for example to still want to use the gift voucher on that purchase after purchasing a product and/or service.
11. CANCELLATION AND SUSPENSION
11.1 If an invoice is not paid within the payment term, the Photographer may, after the Client has been informed of this, suspend all its activities for the Client until the amount of the invoice has been paid. The photographer will first inform the client of this.
11.2 If the Client does not provide the necessary information for the execution of the assignment in time or fails to be present (on time), while this is necessary for the assignment, the Photographer is entitled to suspend or dissolve the agreement.
11.3 Suspension or dissolution of the agreement takes place in writing.
11.4 The Photographer will charge 50% of the agreed invoice amount if the Client cancels the agreement later than 3 months before the agreed execution date.
11.5 In the event of dissolution of the agreement by the Client, earlier than 3 months before the agreed execution date, the Photographer will charge 25% of the agreed total price.
11.6 If it is impossible to carry out the assignment on the agreed date due to justifiable circumstances, including but not limited to illness and extreme weather conditions, a new date will not be agreed more than three times in consultation.
11.7 Any gift vouchers will lapse in the event of cancellation by the Client.
12.1 Each agreement also includes the license described in this article with regard to the photographic work of the Photographer, unless otherwise agreed.
12.2 The copyright as well as other intellectual property rights on all works developed in the context of the assignment rests with the Photographer.
12.3 The Client will receive a non-exclusive license for an indefinite period from the Photographer. With this license the Client may reproduce the works for its own use and make it public in the domestic circle and on its own social media channels. The Client may not use these photos commercially or commercially in any way whatsoever without the permission of the Photographer.
12.4 Editing photos in your own way is expressly not allowed. This includes in any case, but not exclusively, the removal of a logo placed on the works, the cropping of the photos and/or the placing of filters over the photos.
12.5 When publishing the photos on your own social media channels, the name of the Photographer must be stated or in any case the URL of the Photographer's website must be stated or indented with the photos. This license expressly does not provide for any commercial use of the photos.
12.6 Unless otherwise agreed, the Client is not authorized to grant sub-licences to third parties. The Client may also not transfer its own license. In addition, the Client may not submit the photos for competitions or publications in (online) newspapers, (online) magazines or on other websites, without obtaining prior permission from the Photographer.
12.7 The Client must observe the Photographer's personality rights, including the obligation to mention the name, as stated in Article 25 of the Copyright Act.
12.8 Any use of a work by the Photographer that has not been agreed upon is regarded as a disuse of the photographer's copyright and/or personality rights. In the event of disuse of the photographer's copyrights and/or personality rights, the Photographer will be reimbursed three times the usual license fee, as compensation for the damage suffered. Payment of compensation does not give any further right to use the Photographer's work.
12.9 Deviating agreements are recorded in writing.
13. PORTRAIT RIGHT
13.1 The Photographer reserves the right to use the works for its own promotional purposes and publications, including, but not limited to, website and blog, portfolio, advertisements, social media, magazine articles, in printed matter, exhibition material and demonstration material, unless otherwise agreed. The Photographer explicitly reserves the right to license the works to third parties for the aforementioned purposes.
13.2 Insofar as there are portraits or persons depicted in the photos, the Client must ensure that this person has permission, or the Client must guarantee that the persons do not object have against the making and publishing of a portrait by the Photographer against the use of the photos by the Photographer, as described in paragraph 1 of this article.
13.3 If there is an objection to the publication of portraits, this must be made known to the Photographer in writing prior to the agreement. In that case, the photographer can request an additional fee.
!3.4 The Client is at all times liable for portraits that are made public by or on behalf of the Client.
13.5 Deviating agreements are recorded in writing.
14.1 The Photographer is not liable for any damage caused to the Client, unless there is intent or gross negligence on the part of the Photographer or his representatives.
14.2 The Photographer is not liable for damage, of whatever nature, caused by the Photographer relying on incorrect and/or incomplete information provided by or on behalf of the Client.
14.3 The Photographer is not responsible for color deviations on non-calibrated monitors or prints that are not supplied by the Photographer. The Photographer is also not liable for the lack of photos.
14.4 The Photographer is not liable for lower quality of the photos due to unforeseen circumstances, such as bad weather or light conditions, or due to circumstances attributable to the Client.
14.5 The Photographer is not liable for the loss of files that the Photographer has delivered to the Client. The client must provide a backup of supplied photo files.
14.6 If a child is photographed, the Client and/or the parents must continue to pay attention to the child. Photographer can work with attributes during the report. The responsibility for the well-being and safety of children remains at all times with the Client and/or the parents.
14.7 The Photographer has the right to refuse to carry out a photo shoot with small children if a child is ill, or if the Photographer is ill himself.
14.8 The Client is liable for damage caused to the Photographer's clothing, attributes, equipment and peripherals, which is attributable to the Client and/or other persons taken by the Client.
14.9 The liability never exceeds the invoice amount, or at least the amount covered by the Photographer's liability insurance.
14.10 The Photographer is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.
15.1 Complaints about products and/or objections to an invoice must be submitted in writing to the Photographer as soon as possible after the complaints have been established.
15.2 Complaints about work must be reported on the day itself, so that the Photographer can adjust its work where possible.
15.3 Complaints submitted to the Photographer will be dealt with within 14 days, whereby the Photographer will make every effort to reach the best possible solution with the Client.
15.4 Complaints or objections submitted do not suspend the payment obligations.
16. REFERENCE OF THESE TERMS AND CONDITIONS
16.1 The Photographer reserves the right to change or supplement these general terms and conditions
16.2 Changes will be communicated to the Client in a timely manner and in writing by the Photographer
16.3 If the Client does not want to accept a proposed amendment, he can terminate the agreement until the date on which the new general terms and conditions take effect.
17. OTHER PROVISIONS
17.1 If a provision of the agreement and/or the general terms and conditions proves to be void or voidable, the other provisions and the agreement will remain in force.
17.2 Dutch law applies to all legal relationships between the Photographer and the Client.
17.3 Disputes will be submitted to the competent court in the district where the Client is domiciled.