Terms and Conditions

These are the general conditions of Angie Peralta Photography. The address of Angie Peralta Photography is Zuidplaspolderweg 2, 2841 DD, Murder law, with the Commercial Register 60623780.

If you have questions, please contact via info@angieperaltaphotography.nl, 06 – 25 010 120 of per post: Angie Peralta Photography, Zuidplaspolderweg 2, 2841 DD, Murder law.

Angie Peralta Photography has the right to amend these terms and conditions. You agree that will always be the latest version of these terms and conditions on the contract in. Parties, different agreements documenting.

items 1 – general

These terms and conditions apply to all offers, tender and agreement between the Contractor and (client). The Contractor shall send these terms and conditions available on request free of charge to you. They are also available atwww.angieperaltaphotography.com

For the purposes of these General Terms and Conditions Aw: Copyright 1912;
photographic work: photographic works as referred to in Article 10 lid 1 sub 9 and. Or other works within the meaning of the Copyright Act. Which can be equated with the said photographic works.
Photographer: the user in the sense of Art. 6:231 BW.
counterparty: the other party in the sense of art. 6:231 BW.
Use: reproduction and / or publication pursuant to Article 1 already. 12 in 13 and.

These Terms and Conditions apply to all legal relationships between a Photographer and Other Party, including offers, order confirmations and oral or written agreements, even after the termination of a contract, unless the parties explicitly and in writing deviated from these conditions.

items 2 – realization of a contract

The contract is concluded when the Contractor sends a written confirmation to the Client.

items 3 – Offers and Deals

  1. All offers are without obligation Contractor, unless otherwise agreed. An offer in an offer applies only to the specific underlying contract (and not for any future orders).
  2. If the Client to provide information, Contractor may assume that they are correct and will base its offer thereon.
  3. The offers are valid for 30 days, unless indicated otherwise. Supplier is only bound by the offers if the acceptance in writing by the other party 30 days is confirmed, unless indicated otherwise.
  4. A compound quotation contractor to execute a portion of the assignment against a corresponding part of the given price.

items 4 – Honorarium

  1. Parties may at the conclusion of the contract a fixed fee. Unless parties have agreed otherwise in writing, the fee of the contractor is determined on the basis of the hourly rate and the actual time spent.
  2. Contractor may raise the price prematurely due to unexpected and costly additional circumstances after the conclusion of the contract.
  3. The price does not include any expenses of the Contractor and exclusive of VAT and other government levies.
  4. In periodic assignments with a duration of more than three months, the fees will be charged.

items 5 – Payment and collection costs

  1. The customer must always within fourteen (14) pay days after the invoice date. Contractor shall weekly bill.
  2. If the Customer does not pay the bill on time, he is legally in default. Client is the legal interest (if he is a consumer) or the statutory interest (if he is a firm) due. The interest on the due amount will be calculated from the moment the Client is in default until the moment of payment of the full amount.
  3. The full claim of Contractor Client is immediately payable as:
    1. Client exceeds a payment;
    2. Client is bankrupt or in receivership;
    3. client (partnership) is wound up or wound up;
    4. client (a natural person) is placed under guardianship or dies.
  4. If the customer does not pay on time, He is immediately in default. He is all extrajudicial costs payable to the Contractor. In invoices to € 267 this cost will be € 40. At a higher invoice amount, the maximum collection costs are as follows:
    1. 15% on the first € 2500;
    2. 10% the part that remains after, up to € 5000;
    3. 5% on the part afterwards remains, to € 10,000;
    4. 1% on the part afterwards remains, to € 200,000;
    5. 0,5% over the remaining part.

5.         Any use of the Photographic Work by any means permitted, as long as the other party any outstanding invoice of the photographer has not yet met.

items 6 – Contract duration

Contractor and Client will contract for an indefinite period, unless the Parties agree otherwise.

items 7 – implementation period

  1. If a client owes payment or information or materials available to ask, the period within which the Contractor must complete work (execution time) only if the payment, information or materials received by the Contractor.
  2. As for the performance of the contract is agreed or specified period, this is never a deadline. Beyond a period should Principal Contractor first written notice of default set.
  3. Customer may not terminate the contract by overdue Contractor. This does not apply if the execution is permanently impossible or if the Contractor command not perform within his notification in writing again.

items 8 – Third parties

The contractor may work (partly) performed by third parties. articles 7:404 BW (implementing certain person), items 7:407 lid 2 (JSL) in 7:409 BW (death of some person) do not apply.

items 9 – execution command

  1. Contractor will perform the job to the best of its ability and in accordance with the requirements of good workmanship.
  2. The Photographer has the right not expressly described to his own technical and creative insight to perform everything that an assignment agreement.
  3. Client makes it timely any information or materials to Contractor, necessary for the Contractor to perform the contract.

items 10 – change order

  1. If, during the contract for a proper implementation it is necessary to fill to change the order of the content or, parties will do so in concert.
  2. Contractor can increase or decrease the agreed price. The Contractor shall (if possible) beforehand do a quotation. By amending the contract can also change the period of implementation. Client accepts the possibility of amending the contract, price and execution time.
  3. Contractor may refuse a request to change the order of the Client, as it may have in qualitative or quantitative consequences for the work.

items 11 – Suspension, dissolution

  1. Contractor may suspend the contract if any circumstances (beyond his control or that he was unaware) temporarily unable to fulfill his obligations.
  2. If performance is permanently impossible, the parties may terminate the contract for the part not yet fulfilled.
  3. The Contractor shall comply with the order to suspend or terminate the Client does not have obligations, incomplete or fails to comply on time. Principal Contractor must then pay compensation or indemnify.

items 12 – Mid-term cancelation

  1. If the Contractor terminates the contract prematurely, Contractor will ensure transfer of help out work to third parties, unless the termination is attributable to the Customer. If the transfer of work for additional contractor costs so far, the costs borne by Client.

items 13 – odds

  1. Contractor does not have obligations to meet if there is force majeure.
  2. The contractor may, during the period that the force majeure continues to suspend obligations under the contract. If this period lasts longer than 1 month then both parties may terminate the contract, without them compensation are required.
  3. If the Contractor his obligations partly fulfilled and if it complied with section has independent value, The contractor may fulfill the billing part.

items 14 – Retention

  1. Anything that provides Contractor, property of the Contractor until Client continues all its obligations are fully met.
  2. The customer must do everything it can reasonably do to secure the property of the Contractor.
  3. If the Contractor wishes to exercise rights, Client gives unconditional and irrevocable consent to the Contractor to enter all places where the properties are located, so that the Contractor can take it back.

items 15 – guarantees

  1. The Contractor warrants that he provides, meets the usual requirements and standards that can be made to it at the time of delivery.
  2. This guarantee does not apply when the Customer uses the delivered wrong.
  3. This warranty also does not apply if a defect is caused by circumstances which the Contractor can not do anything to.

items 16 – research

  1. The customer must examine the delivered when he gets the disposal of the work performed. The customer must examine the quality and quantity of the product is consistent with what has been agreed and that it meets the requirements of the parties have agreed.
  2. Client should any visible defects within fourteen days after delivery in writing to notify the Contractor. Any hidden defects he has thirty days after discovery in writing to the Contractor say. The notification must include a detailed description of the defect.

items 17 – Complaints

  1. Client needs any complaints in writing within ten (10) days after discovery (or -at no visible defects- after he could have discovered the defects) Report.
  2. If the Client submits a complaint on time, this does not suspend its payment.
  3. If Customer reports a complaint later, does not entitle him to repair, replacement or reparation.
  4. If it is established that a case is weak and this is reported on time, then the Contractor will replace the defective item within a reasonable time after receiving written notice of the defect by the Principal, repair or refund.
  5. If it is established that a complaint is unfounded, then the cost of the Contractor arising thereby (as research costs) entirely at the expense of the Client.

items 18 - Liability and third party rights

  1. The contractor is only liable for direct damages of the Client, which is directly and exclusively the result of a failure of the Contractor.
  2. The contractor is not liable for damage caused by being based on inaccurate or incomplete information provided by the Client.
  3. The photographer is liable to the other party not liable for third-party claims and / or damages arising from the use and publication of the work, unless there is gross negligence or intent on the part of the photographer.
  4. The Contractor's liability is always limited to the invoice value with a maximum of € 2000,00.
  5. The Contractor's liability is in any case limited to the amount paid by its insurer in that case.
  6. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of the Contractor.

items 19 – limitation

The limitation period for all claims and defenses against the Contractor is one year.

items 20 – Disclaimer

  1. Client shall indemnify the Contractor for any claims from third parties who suffer damage from execution of the contract and whose cause is not attributable to the Contractor.
  2. If a third party contractor to appeal, Client will assist him outside as well as in all straight and do for him in such a case may be expected to.
  3. If the Customer does not take action, The contractor may itself proceed to do so. All costs and damages thereby incurred by the Contractor, come entirely at the expense and risk of the Client.

items 21 – Intellectual ownership

  1. Contractor reserves all rights to which he made plans, documents, Pictures, drawings, software, creations and the related information. This is true even if costs have been charged or when mounted later improvements.
  2. Customer may not copy the items listed in the previous paragraph (if not for internal use by the Client), demonstrate to third parties or make available for any purpose other than for which it was provided by the Contractor.
  3. The contractor is not obliged to keep the goods for the client referred to in this Article. If the contractor and the client agree that these matters will be kept by the contractor, this is done for a period not exceeding one year and without the supplier guaranteeing their suitability for repeated use.

items 22 - Attribution, Moral rights and Publications

  1. The Contractor has the right to set conditions to (digital) Publications by the Client and / or third parties. The Principal and third parties prohibited extra (na)operations to apply to the work of the Contractor.
  2. Contractor is entitled Client or third parties to the requests of change / delete (digital) publications where this may be at disadvantages of the Contractor.
  3. The name of the Photographer should be clearly a Photographic Work, or to be included in a reference to the Photographic Work in the publication.
  4. The Party takes when reproducing or publishing a Photographic Work only respect the moral rights of the Photographer in accordance with Article 25 lid 1 sub c and d Aw.
  5. For any infringement of personality rights under Article accruing to the Photographer 25 Copyright, including the right to attribution, the other party is a fee of at least 100% of the license fee usually usual by the photographer, without losing any right to compensation for other damages (including the right to compensation for all direct and indirect damages and all actual judicial and extrajudicial costs).

items 23 – License

  1. Permission for use of a Photographic Work by the Client shall only be granted in writing / by mail and prior in the form of a license as defined nature and scope of the Photographer in the offer and / or order confirmation and / or the relevant invoice.
  2. If the scope of the license is not specified. It shall not include more than the right to one single use, in unmodified form for the purpose of a target, circulation and method as the parties when entering into the agreement with the interpretation of the Photographer, have meant.
  3. Exclusive use should always be met explicitly agreed in writing and is not covered by Article 22.2 said exploitation right.
  4. The other party is not permitted the exploitation rights to third parties to carry out in this section without the prior written consent of the photographer.
  5. Unless otherwise agreed, other party is not entitled to grant sub-licenses to third parties.

items 24 – confidentiality

  1. Unless there is a legal duty or professional duty to disclose, The Contractor shall not disclose any information of the Client towards third parties.
  2. Contractor the information given by the Principal not used for any purpose other than for which it was obtained, except if the Contractor occurs in a procedure in which these documents may be of interest.
  3. Principal will be the content of contracts, confirmations, offered, report, advice or other written statements or Contractor not to disclose and ensure that others do not see the contents.

items 25 – nothingness

If any part of these conditions is void or voidable, this does not alter the validity of the remainder of the Agreement. The invalid or void part is replaced by a provision that as far as possible follows the contents of the void provision.

items 26 – conflicting clause

In the event that these terms and the contract contain conflicting conditions, subject to the conditions contained in the Agreement.

items 27 – right- one forumkeuze

  1. All cases in which these Terms and Conditions apply, are governed by Dutch law.
  2. Any dispute regarding the explanation of these Terms and Conditions and a legal relationship between the photographer and the Other, will be submitted to the competent court in the Netherlands, met als voorkeur rechtbank Rotterdam.

Zuidplaspolderweg 2, 2841 DD, Murder law | the: +31 6 25 010 120
Email: information@angieperaltaphotography.com | www.angieperaltaphotography.com
Kvk: 60623780 | VAT: NL002517159B89