GENERAL TERMS AND CONDITIONS
- a) These terms and conditions are the basis of my supplies and services. Terms and Conditions of the Purchaser referred to in the delivery receipts, order forms and orders placed, is hereby rejected.
- b) These terms and conditions shall be deemed accepted: on order / as soon as image material is ordered and no matter in what form, used.
- c) The term imagery refers to both supervisory, inspection templates and files and all on media such as floppy disks, CD's, DVD's or other technically transmitted images (print, projection, layout, reproduction, Internet, Photo CD / DVD or play in a different form) the photographic material understood. This also includes the use in another template or a composing.
- d) The users bear the costs and risks of safe storage and return shipping of the artwork.
II. USE RIGHTS AND COPYRIGHTS
- a) The user agrees to the journalistic principles of the German Press Council issued press code of conduct to be observed. The user is solely responsible for a trend of alienation, a textual insinuation or exceeding the user agreement. Damages to third parties does not make the user is solely liable for damages.
- b) Copyright, use and ownership rights remain with me always. This also applies to commissioned works.
- c) Images are provided on loan for single use for grouting.
- d) By payment of damages amounts or other amounts and costs the user acquires no ownership or rights to use the picture material.
- e) Disclosure to third parties except for internal inspection, or to follow on behalf of the user is not allowed. Contravention no liability for any damage claims by third parties will be taken over.
- f) Digital storage are immediately destroyed after use. For internal use prepared duplicates and other copies are returning your enclosed. The costs borne by the users.
- g) Changes in the photographic material supplied by composing or electronic means to create a new copyright image are not allowed. Also not allowed are excerpts alter the meaning of the picture, tracing the copying, and the readjustment and rephotographing.
- h) For any use of copyright is required according to § 13 German Copyright Act, fees, and document evidence. When copyright must be an unambiguous assignment to ensure the image. If this is not obeyed, is compensation in the amount of 100% of the respective utilization fee due. He also bear all costs to / from right of third parties.
- i) The user will not have exclusive rights as long as this was not confirmed in writing in advance. The increased fees from exclusive rights also require the prior written form.
- j) The user decides whether or when transferring images to the interiors of buildings, works of art or people are visible, and thus areas of the right of third parties, parties could be affected, for the respective use approval is required. There can be no assurance that an appropriate valid license is present, unless previously agreed to in writing. Without submission of the written commitment liability is accepted. This is also true for images where public figures are shown.
- k) No responsibility taken over for use in advertisements, on which protected products, trademarks, logos, graphics, designs, or the like is shown. The user is solely responsible for obtaining the required permits.
III. FEES, CHARGES, DAMAGES, PAYMENTS
- a) Any use of images and concepts requires the user to a paying a fee.
- b) The fee is based on the nature, scope and purpose and should be clarified before use. Agreed fees apply only to the specifically defined purpose and scope. Any other use, too, for other purposes and media, requires the new fee agreement, specifying the new use.
- c) Pictures will be retained over the agreed time out, without a written extension of the return has been agreed, blocking costs will be charged. Through the payment of any blocking costs, rights and property rights are not acquired.
- d) For selection of items are made in line with market conditions handling costs incurred, the amount of which depends on the nature and scope for processing and costs. It does not include shipping costs that are billed separately.
- e) Through the payment handling charge of acquiring the user does not use or ownership rights. Handling costs are billed separately.
- f) If images or concepts can be used without written permission, damages may be claimed up to five of the usual fees. Claims by third parties remain unconsidered.
- g) Excludes the case of loss, damage or partial damage to the further use of the above materials submitted, is subject to compensation in marktublicher height, but at least € 1.000, - for total loss or - damage to pay, without requiring proof of economic harm. By payment of damages, the user acquires no ownership rights or rights of use.
- h) Invoices are payable within 10 days of the invoice date without any deduction. Exchange are not accepted.
- i) Late payment entitles me, to charge default interest at a rate of 8% over the applicable rate of the Deutsche Bundesbank. If payment is delayed, I am also entitled to demand immediate payment of outstanding overdue balances.
IV. COMMISSION WORK
- a) The extent of transmission rights must be agreed upon contract award. The maximum service life is, if not otherwise agreed, limited to three months.
- b) All additional costs of contract extension will be charged additionally. Decisions about scope and need for accumulating work lie within an order with me and can ask to be shown. Meetings within the meaning of conceptual or organizational employeesare calculated on based on the fee agreement.
- c) Originals remain my property. Copyright and the right to continue collecting stay with me. The client has to no fee claims.
- d) The fees do not include service charges and are valid for one-time use. Supplies and costs for technical development will be charged separately. I am authorized suppliers or service providers choose to be paid by the client itself.
- e) Travel costs will be calculated separately, including necessary costs of insurance. air travel = business class, train travel = first class.
- f) Accommodation costs will be calculated separately. There is a right to a hotel of the upper middle class. Daily expenses are charged extra.
- g) In order production for newspapers and magazines exclusivity agreed to a week for magazines / newspapers for up to one day after first day of sale.
- h) The right to re-distribution requires a separate agreement.
- i) Negotiated fees are as guarantee fees.
- j) The client bears the risk for any matters which are not represented by me. Compensation claims in these cases, I cede to the client. I take over no liability for loss or damage to rental equipment and props. Date exceedances that I was not responsible, not entitle the customer to exercise rights from delay claims.
- k) If a photo shoot within 4 working days from posting before and can not be compensated for this loss with another order, I'm entitled to a cancellation fee of at least 50% of the agreed fee. In case of failures within one working day before or on the same day are entitled to the full fee. Additional costs for a replacement contract with the client.
- l) Must be shooting on location because of bad weather or force majeure on a new date postponed, I charge only those costs that can not be avoided. The new date must also be moved, I am entitled to as compensation for the grouting work held half of the agreed fee in addition to request the third party costs. For every additional shift is to me the full fee. A possible risk insurance is the responsibility of the customer.
- m) Complaints of any kind can make the customer submits within three days after receiving the shots and shall require the written form. After this period, the shots are taken as ordered.
- n) Exposed or processed material is not limited to all forms of transport insurance. The risk of loss, destruction or damage to the advertiser. This also applies to copies as duplicates, proof's, CD's, DVD's, etc.
- o) If I design a contract for the free can, complaints to the image view, the selection of fashion models, the recording venue, the props / accessories and the applied optical and photographic technical means, are excluded.
- p) Are used to create images of employees (for example assistants, models, crafts, makeup artists, etc.) is needed, I conclude the necessary contracts (fee arrangements, insurance, etc.) in its own name, but from the account of the Client.
- q) If the estimated total plant the amount of € 400, -, I am entitled, before tackling the work, a part payment of at least 50% of the total work to the request.
V. FINAL PROVISIONS
- a) Performance for deliveries and payments is D - 50354 Hürth; jurisdiction is the seat of the competent office for me - or state court.
- b) This also applies to clients whose residence and place of business is located outside of Germany.
- c) German law shall, also apply to use of the images outside of Germany, as agreed.
- d) For international-border contracts, the German wording has prevail.
- e) The invalidity of one of the articles retain the other article in the business condition to be valid.
© 2017 Hogrefe Photodesign