TERMS & CONDITIONS

Definitions

  • Statie Photography: Referred to as "Photographer," the service provider offering photography and videography services.

  • Client: Any individual or entity that engages in a service contract with the Photographer for photography or videography services.

  • Photographic Work: This term encompasses all photographs, videos, and related creative outputs, as defined and protected under the Copyright Act [Auteurswet] 1912.

  • Service Agreement: A formal agreement detailing the specific services to be provided by the Photographer to the Client, including the scope, duration, and terms of service delivery.

Application These Terms and Conditions serve as the foundational legal framework governing all interactions between the Photographer and the Client. This includes initial offers, confirmations of services, ongoing service agreements, and any communications post-agreement termination. Any deviations from these Terms must be agreed upon in writing.

Pricing and Payment

  • Prices for all services will be established in advance and require written confirmation from both parties to ensure mutual agreement.

  • Invoices are issued with a standard payment term of 30 days. Payments received after this period will accrue interest at the statutory rate plus an additional 2%, encouraging timely compliance.

Delivery Methods and Formats

Photographs:

• Final photographs will typically be delivered through an online gallery accessible to the Client, with full download capabilities.

• However, if the Photographer deems it necessary, the gallery may initially be set to view-only, with download options locked until full payment is confirmed.

• Once payment is received, download access will be promptly granted. Clients are encouraged to securely store their photos, as the online gallery will remain accessible for one year from the upload

date, after which the photos will be removed from the cloud.

Videos:

• Videos will be delivered via WeTransfer due to their larger file sizes.

• In cases where the Photographer determines it is necessary, download links may only be shared after payment confirmation.

• Clients are encouraged to download the videos promptly, as WeTransfer links typically expire after seven days.

Conditional Access Restriction:

• The Photographer reserves the right to temporarily restrict download options for any delivered media (photographs or videos) if deemed necessary due to payment concerns.

• In such cases, the Client will have view-only access to the media until payment is confirmed.

• Once payment is received, full download privileges will be promptly granted.

Commission and Changes

  • The Photographer maintains the right to exercise creative and technical discretion throughout the service delivery unless specific conditions are outlined in the Service Agreement.

  • Any changes to the scope of the service initiated by the Client may result in additional charges. Such changes must be formally approved in writing to ensure both parties agree on the adjustments and associated costs.

  • Cancellation fees are structured to compensate for potential loss of business and are scaled based on the proximity to the event date, detailed as follows:

    • More than 30 days prior: 30% of the total fee

    • Within 30 days: 40% of the total fee

    • Within 14 days: 60% of the total fee

    • Within 7 days: 80% of the total fee

    • Within 72 hours: 90% of the total fee

Copyright

  • The Photographer retains all copyright ownership of the Photographic Works produced. Usage rights are granted through a specifically written license, which details the scope and limitations of such use, ensuring protection under copyright laws.

Complaints Procedure

  • Should the Client have any complaints regarding the Photographic Works delivered, such complaints must be formally submitted in writing within ten working days following delivery. The Photographer commits to addressing and rectifying any justified complaints within a reasonable timeframe, unless doing so causes significant harm or is impractical.

Liability

  • The Photographer’s liability for third-party claims or damages arising from the use of provided works is limited except in instances of proven gross negligence or intentional misconduct.

  • Financial liability is capped at the total invoice amount for the specific service rendered or the amount covered by applicable insurance, ensuring that liability does not exceed reasonable bounds.

Statie Photography Universal Guarantee Policy

  • Quality Assurance: Every client is guaranteed high-quality service tailored to their specific needs, emphasizing bespoke, attentive service delivery.

  • Satisfaction Guarantee: Unhappy clients are entitled to up to two complimentary redo sessions, provided they are requested within two weeks of initial delivery and detailed feedback is given. Subsequent requests or extended changes are subject to charges based on standard rates.

  • Money-Back Guarantee: Clients dissatisfied even after redo sessions and who have adhered to agreement terms may claim a full refund within 30 days of final delivery, contingent on the work not being used in any form.

  • On-Time Delivery: Delivery commitments are taken seriously, with realistic deadlines set based on client needs and operational capacity, ensuring timely delivery of services.

  • Emergency Coverage: In unforeseen circumstances such as illness or other emergencies affecting scheduled service providers, alternative arrangements will be made to ensure service continuity. If replacement is not possible, options for rescheduling or refunds will be discussed.

Additional Provisions

  • Act of God/Force Majeure: Events outside reasonable control, such as natural disasters or pandemics, may necessitate rescheduling or adjustments to service delivery terms, with efforts made to minimize client inconvenience.

  • Client-Initiated Changes: Requests for changes by the client, including date or scope adjustments, must be submitted in writing and may incur additional charges based on the nature of the requested changes.

  • Photographer Initiated Changes: If the Photographer cannot fulfill the agreed terms due to personal emergency or unforeseen circumstances, all efforts will be made to find an adequate replacement. If this is not possible, a full refund will be provided.

  • Non-Payment Clause: Reminders for overdue payments are issued according to a set schedule, culminating in a final notice that triggers debt recovery procedures if not settled promptly.

  • Legal Recourse and Arbitration: Disputes are subject to mediation or arbitration under Dutch law, ensuring a clear path to resolution.

  • Contact for Cancellation: Cancellations must be communicated in writing through specified contact details to ensure proper processing.

  • Signature Requirement: Clients are required to formally acknowledge and sign off on these terms as part of the contracting process, ensuring mutual awareness and agreement.

Governing Law and Jurisdiction

  • These terms are strictly governed by Dutch law, and any legal disputes will be addressed within the competent Dutch jurisdiction, providing a legal framework for resolution.

These Terms & Conditions were last updated on [06-05-2024].