GENERAL TERMS & CONDITIONS

Artikel 1: Definitions

TERMS & CONDITIONS

WIETEKE KONINGS MEDIAPRODUCTIONS

  • Offer
    The information shown on the Website with regard to the delivery of Services, including but not limited to the price and duration thereof, whereby the information on the invoice is leading.
  • Terms and conditions
    Underlying terms and conditions which are avalaible on the Website or will be handed over to Client before entering into an Agreement.
  • Term of Payment
    The period stated on the invoice wherein payment of the invoice must be made.
  • Confirmation
    Written confirmation by Wieteke Konings to the Client.
  • Client
    Any person, body of persons, firm or Company with whom Wieteke Konings Mediaproductions enters into an Agreement for the sale of goods or provision of services by Wieteke Konings
  • Date
    Date of the Photo Shoot as agreed upon between Parties.
  • Sale of goods or provision of services
    Services as provided by Wieteke Konings Mediaproductions including but not limited to fashion photography and creating social media content for fashion brands.
  • Assignment
    Written request for the provision of Services, including any confirmation form.
  • Agreement
    The agreement between Wieteke Konings Mediaproductions and Client concerning providing services and any other services that will be provided.
  • Personal Data
    Any information relating to an identified or identifiable natural person
  • Written
    (Digital) communication by letter and e-mail.
  • Rate
    The amount that Wieteke Konings charges for its Services to the Client.
  • Website
    The Website of Wieteke Konings, <www.happyphotographer.nl> and all derived current and future variants thereof.
  • Workingday
    Monday to Friday. Holidays, which are understood to mean any public holidays recognized by the Dutch government, are not regarded as working days.

Artikel 2: Wieteke Konings Mediaproductions

Wieteke Konings and Wieteke Konings Photography (hereinafter “Wieteke Konings”), established in Lieshout, registered under number 67885276 at the Chamber of Commerce of the Netherlands.

Article 3: Applicability

1. The present General Terms and Conditions apply to every Offer and contract concluded and the execution thereof between Wieteke Konings and the Client, unless the parties agree otherwise In Writing. This also includes all acts related to the Agreement, both preparatory and executive in nature. The General Terms and Conditions therefore form an integral part of the Agreement between Wieteke Konings and the Client.

Wieteke Konings Mediaproductions | Terms & Conditions | February 2020

  • The General Terms and Conditions will be made available to the Client electronically before or at the conclusion of the Agreement, in such a way that they can be stored on a data carrier intended for this purpose and accessible for later access. They will in any case be sent to the Client by e-mail as described in Article 4 of these General Terms and Conditions when confirming the Order.
  • General terms and conditions of the Client, or any other terms and conditions of third parties, do not apply, unless explicitly agreed otherwise in writing between the parties.
  • Deviations from these General Terms and Conditions are only valid insofar as they have been explicitly agreed in advance and in Writing between Wieteke Konings and the Client and only apply to the amended provisions in the relevant Agreement. The other provisions of the General Terms and Conditions therefore remain unchanged.
  • If any provision in these General Terms and Conditions is invalid for any reason whatsoever, the remaining provisions herein remain in force. The parties will negotiate about the content of a new provision in such a way that the content of the original provision is approached as closely as possible.
  • Wieteke Konings is entitled to unilaterally change these General Terms and Conditions. Changes will be announced on the Wieteke Konings’ Website. The amended General Terms and Conditions apply to existing Agreements and Offers.

Article 4: Agreement

  • The Agreement is concluded in the following way:
    After the Client has made a request, either verbally or in writing (for example via social media), the Client will receive an order confirmation by e-mail.
  • Client is not entitled to transfer his rights and / or obligations from the Agreement to third parties unless Wieteke Konings has given prior written permission.
  • If an Agreement is concluded by two or more Clients jointly, each of them is jointly and severally liable for the fulfillment of the obligations under the Agreement.

Article 5: Assignment Performance

1. Wieteke Konings makes, edited and edited photos at its own discretion. Wieteke Konings is thereby entitled:

  • to perform what is not clearly described in the Agreement at its own technical and creative insight.
  • to engage third parties, for example a second shooter, for the implementation of the agreement afterprior approval from the client. Careful care will be taken. However, Wieteke Konings is not liable for anyshortcomings of these third parties.
  • to change the content of the Offer on the Website in the interim for reasons of qualitativeimprovement.

Location

  • Unless stated otherwise, the basis for the performance of Services is the Location as agreed in writing between Wieteke Konings and the Client.
  • Client is responsible for location fees such as, but not limited to, access costs and parking costs.
  • In the case of other photography, Wieteke Konings is entitled to change the date and / or the location inconsultation with the Client on the grounds of organizational reasons if it is of the opinion that this will benefit the implementation of the Agreement.

Delivery

  • Wieteke Konings makes the selection of photos to be supplied. Photos will be delivered in high resolution without watermark. Delivered photos are edited by Wieteke Konings. The editing of the photos is done in the style that is typical for Wieteke Konings. Wieteke Konings tries to save the photos delivered for at least two years from the date of delivery. However, this is an additional service from which no rights can be derived.
  • Unless agreed upon in writing, client is not entitled to receive or view RAW images.

Wieteke Konings Mediaproductions | Terms & Conditions | February 2020

Miscellaneous

7. The Client bears the responsibility for errors in the execution of placed Orders in the event of requests, instructions received and not received on time, not being received on time or incompletely, also taking into account the provisions of Article 10 of these General Terms and Conditions.

Article 6: Rate

  • The Agreement is concluded on the basis of the binding and fixed Rate stated in euros by Wieteke Konings on the Website and as stated in the Offer. Unless stated otherwise, all prices stated in the Agreement and the Offer include VAT and other governmental levies.
  • Travel and parking costs within Amsterdam are included in the Rate. Outside this region a standard travel allowance of € 0.35 per kilometer (ex VAT) applies. Parking costs and other unforeseen costs, which have not been agreed in writing between Wieteke Konings and the Client in advance such costs due to flight delays, are charged directly to the Client. The prices quoted do not include the Client's other additional individual wishes.
  • Wieteke Konings reserves the right to change the Rates at any time. Changes are sent to the Client in Writing.
  • Prices and other conditions mentioned in the Agreement or the Offer only relate to that Agreement and therefore do not automatically apply to a new Offer, extension or extension of the Agreement.

Article7: Invoicing and payment

  • For the Services provided by Wieteke Konings, the Client will pay the Rate agreed upon in the Agreement or as stated on the invoice. This payment is partly made in advance (50%) and partly afterwards (50%). To this end, an invoice will be sent to the Client by PDF (Moneybird). The Client will state the relevant e-mail address on the Registration Form. The right to a paper invoice is hereby canceled.
  • Payment must be made net into the bank account of Wieteke Konings, without any discount, deduction or settlement. The down payment of the invoice, 50% of the total invoice, must be paid within 10 (ten) days at the time of the definitive booking into the bank account of Wieteke Konings, stating the invoice number. After payment, the date of the Shoot is final. The remainder of the payment must be paid within 14 (fourteen) days after the date of the Shoot.
  • The periods mentioned are strict deadlines. The value date indicated on the bank statements of Wieteke Konings is regarded as the day of payment. In the absence of timely or full payment by the Client within the Payment Term, default will occur immediately after the expiry of this term, without further notice of default from Wieteke Konings being required. Wieteke Konings is also entitled to suspend the Services to be provided or to grant the date to another Client.
  • If the payment referred to in paragraph 1 has not been received in time, the Shoot will not take place.
  • The fees owed by the Client to Wieteke Konings can never be suspended or set off against a possible claim ofthe Client against Wieteke Konings.
  • A payment arrangement is possible in certain cases, agreed in advance in writing. A surcharge of 15% will becharged for this arrangement.
  • If the delivery of Services must be paid in advance, the Client cannot assert any right to delivery thereofbefore full payment of the amount due to Wieteke Konings has taken place.
  • Incoming payments always serve to settle judicial and extrajudicial costs and interest, and then serve tosettle the oldest payment obligations outstanding at Wieteke Konings, independently of any other instruction by the Client.

Article 8: Liability

1. Wieteke Konings is fully committed to the best of her knowledge and ability to provide the Services in the most careful manner. Wieteke Konings hereby provides no guarantee with regard to the result of work performed by her. In the event of an attributable shortcoming in performance, Wieteke Konings is only liable for direct and indirect damage including but not limited to replacement or processing costs of the Client in connection with or arising from the Agreement, if this damage is the result of intent or gross negligence or recklessness on the part of Wieteke Konings.

Wieteke Konings Mediaproductions | Terms & Conditions | February 2020

  • The liability of Wieteke Konings never exceeds offering a replacement Shoot at a replacement Location, provided that this Shoot in terms of costs the maximum invoice value agreed between the parties for the Services provided by Wieteke Konings to the Client as stated in Article 6 of these General Terms and Conditions. The extent to which the Wieteke Konings deficiency could be attributed, determines the amount of compensation. Slight deviation cannot lead to compensation. Wieteke Konings never covers more than the amount of compensation paid and paid by its insurer under the business liability insurance.
  • Direct or indirect damage resulting from entering into, maintaining and / or handling transactions and agreements between the Client and his (third party) contracting parties is never the responsibility of Wieteke Konings. Damage must be reported in writing to Wieteke Konings immediately after its occurrence.
  • Wieteke Konings is not liable for damage caused by information sent by the client online via the internet.
  • Wieteke Konings is not liable for color deviations on non-calibrated screens or prints that have not beensupplied by the photographer, or for the lack of photos.
  • Every claim against Wieteke Konings expires by the mere lapse of 12 months after the claim arose.
  • Provisions in this article do not apply if the damage was caused by intent, gross negligence or recklessness onthe part of the Client.

Article 9: Force Majeur

  • If Wieteke Konings is struck by force majeure of a permanent or temporary nature from (further) executing the Agreement or is unable to be present at the agreed date and time, irrespective of whether the force majeure was foreseen, Wieteke Konings and Client are not obliged to timely fulfill an obligation arising from the obligation that exists between the parties.
  • Force majeure means among other things; non-attributable shortcoming of one of the parties as well as third parties or suppliers engaged by Wieteke Konings, Wieteke Konings' disease, the impossibility of any type of transport such as flying, trains or cars, the temporary unavailability or inadequate availability of equipment or other telecommunications connections that have proved to be necessary for the provision of the Services, and furthermore for any other situation over which Wieteke Konings and the Client cannot exercise decisive control.
  • Parties will inform each other in writing as soon as possible of a situation of force majeure. If possible, the parties will try to find a solution in consultation.
  • In the case as referred to in paragraph 1, Wieteke Konings is entitled to terminate the Agreement in writing, without judicial intervention, in whole or in part, without prejudice to Wieteke Konings's right to payment for services already performed by Wieteke Konings, or suspend the (further) execution of the Agreement in whole or in part.
  • If the situation of force majeure continues for longer than 1 day, Wieteke Konings will, if possible and after written agreement with the Client:
    • Arrange a replacement photographer, without changes to the other terms and conditions as agreedbetween Wieteke Konings and the client, whereby the processing of the images and the further processing are done by Wieteke Konings. If this is not possible or desirable, both Wieteke Konings and the Client are entitled to terminate the Agreement In Writing with a refund of the full agreed rate, referring to Article 13 of these General Terms and Conditions.
    • Make a proposal to move the Shoot.
  • Damage suffered as a result of force majeure is not at the expense and risk of Wieteke Konings.

Article 10: Complaints

  • Complaints must be notified in writing to Wieteke Konings within 8 (eight) working days after the invoice date. If the Client has not complained within this period, it is assumed that Wieteke Konings has properly fulfilled her obligations as described in the Agreement.
  • Complaints shall in no circumstances justify suspension by the Client of a claimable obligation.

Article 11: Intellectual Property

1. Copyrights or any other (intellectual) property rights to the format and content of the Website, the Wieteke Konings Logo, produced concepts, creations, works, proposals, photo products, photo shoots, photography

Wieteke Konings Mediaproductions | Terms & Conditions | February 2020

courses, expressions on the internet, e-mails, models , techniques, other documents and information or any

other expressions from, on behalf of or by Wieteke Konings are held by Wieteke Konings.

  • Intellectual property rights to Services and photo products that are supplied or made available to the Clientunder the Agreement rest with Wieteke Konings and / or its licensors.
  • The intellectual property rights, copyrights and (sub) licenses referred to in paragraphs 1 and 2 cannot betransferred by agreement, unless otherwise agreed in Writing between Wieteke Konings and Client.
  • Without prior written permission from Wieteke Konings, it is not permitted to process, reproduce or makepublic any concept, material or information provided by Wieteke Konings in whole or in part, or make it available to third parties via any medium whatsoever , or to allow third parties to inspect, whether or not for a fee. Any use of a Service or Photo Product that has not been agreed upon is considered an infringement of Wieteke Konings' copyright.
  • It is not permitted to remove or change any indication of rights from information supplied by Wieteke Konings.
  • Violation of copyright or any other intellectual property right as described in the previous provisions of Wieteke Konings by Client or a third party who acts directly or indirectly in the exercise of the Agreement will immediately result in payment of a fine of at least EUR 1,000.00 to Wieteke Konings. Client also compensates the actual damage suffered by Wieteke Konings.
  • Client indemnifies Wieteke Konings against all claims from third parties, both internal and external, that are related to the provisions of this article and also fully compensates Wieteke Konings with regard to these claims and all damage suffered or to be suffered as a result thereof or in connection therewith. shape then.
  • Client gives Wieteke Konings permission for use for promotional purposes such as, but not limited to, portfolio, blog, social media, competitions and exhibitions. The Client may object in writing to publication in advance.
  • Wieteke Konings can grant permission to distribute her work. The following applies:
    • The name of Wieteke Konings must be clearly stated with a used Photographic work, or must beincluded in the publication with a reference to the Photographic work.
    • When reproducing and publishing a Photographic Work, the Client will at all times respect thepersonality rights of Wieteke Konings in accordance with Article 25 of the Auteurswet (Dutch Copyright Law).

Article 12: Duration and dissolution

  • The Agreement between Wieteke Konings and the Client is entered into for the duration of the Assignment, is executed on the Date and cannot be terminated prematurely, unless Wieteke Konings and the Client have agreed otherwise in Writing.
  • Parties are entitled, with due observance of the legal requirements, to dissolve the Agreement immediately or in writing, without stating the reasons and notice of default, or to suspend them if:
    • one of the parties is / has been declared bankrupt or has filed an application for this;
    • one of the parties is in suspension of payment or has an application been submitted for thispurpose;
    • in the event that the Client is a legal person, one of the parties is or will be liquidated;
    • the activities of one of the parties changes substantially (for example by acquisition);
    • fulfillment of one of the essential obligations of the Agreement is in violation or suspected of beingin force with applicable laws and regulations;
    • one of the parties fails to comply with the obligations under the Agreement after a reasonableperiod of time has been offered to still fulfill the obligation;
    • If a situation as referred to in Article 10 of these General Terms and Conditions occurs.
  • If a situation as referred to in paragraph 2 of this article occurs, Wieteke Konings may refuse its services. Wieteke Konings is not liable for damage caused by the occurrence of such a situation. Wieteke Konings is also not obliged to (re)pay the amounts already paid by the Client.
  • In the event that the Client turns out not to be creditworthy, Wieteke Konings is entitled to terminate the Agreement In Writing without giving any reason. This also applies in the event that (a substantial part of) the Client's assets are seized.

Wieteke Konings Mediaproductions | Terms & Conditions | February 2020

5. Wieteke Konings remains entitled to amounts owed by the Client under the Agreement that have fallen due immediately due to the default.

Article 13: Revocation and cancellation

1. Subject to the legal grounds for exception, the Client may revoke the Agreement within the cooling-off period in the manner specified in paragraph 3:

a. Delivery of the Services: within 14 (fourteen) days after agreement of the delivery provided that these Services are delivered at least two weeks after the agreement of the Agreement. If this is not the case, the Client cannot invoke the right of withdrawal. In that case, the Client agrees with the direct delivery of the Service and waives his / her right of withdrawal.

  • Delivery of Photo Products by Wieteke Konings cannot be canceled.
  • The Client may cancel Delivery of the Services in Writing, using the e-mail address stated on the Website.
  • In the event of cancellation, this also includes moving the date of the Shoot, during the cooling-off period orbefore the start of the delivery of the Services as agreed in the Agreement, the Client owes Wieteke Konings a cancellation compensation in accordance with paragraph 5 of this article. Costs already incurred by Wieteke Konings in the context of the performance of the Services must be reimbursed by the Client in any case of cancellation. This also includes plane tickets, housing (hotel) costs and costs of any third parties engaged by Wieteke Konings to perform the Services agreed in the Agreement.
  • The cancellation fee for Shoots is determined in accordance with the following schedule and percentages.

Days
(between cancellation and Shoot) 0-10
>10

Article 14: Privacy and Cookies

Cancellation Fee
(percentage of agreed price)
70%
30% + Fee as set out in paragraph 4

  • Wieteke Konings processes personal data obtained in the context of the execution of the Agreement in strict confidentiality and in accordance with the applicable laws and regulations, in particular the AVG as reflected in Wieteke Konings' Privacy and Cookie Policy. Client declares to have taken note of the policy and to agree with this.
  • Wieteke Konings uses high-quality security techniques and encryption of the Personal Data. In the case of negative interventions outside the influence of Wieteke Konings, reference is made to Article 10 of these General Terms and Conditions.
  • Wieteke Konings does not accept any liability for any damage caused by actions of the Client in violation of this article.

Article 15: Website

  • Wieteke Konings will be at all time able to adjust the Website in terms of content, layout and all further necessities as assessed by Wieteke Konings.
  • Wieteke Konings endeavors to ensure that the Website functions properly at all times and that it is permanently accessible to the Client, but cannot guarantee that the Website will function without restrictions or malfunctions at any time, partly due to necessary maintenance and dependence on the Internet website and technologies.
  • Wieteke Konings does not accept any liability or responsibility with regard to any damage resulting from or related to the use of the Website and its content. Direct or indirect damage as a result of programming by third parties, viruses and hackers that can lead to changing, destroying, distorting, deactivating or disabling software, hardware and / or data of the Client, Visitor or third parties is never the liability of Wieteke Konings.

Article 16: Governing Law

  • The agreement shall only be governed by and construed in accordance with the Laws of the Netherlands unless parties in written agreed otherwise.
  • Any dispute between parties arising out or in connection with this agreement shall be submitted to the competent court in Oost-Brabant, the Netherlands.

Wieteke Konings Mediaproductions | Terms & Conditions | February 2020

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