General Terms and Conditions Ingeborg Steenhorst Art and Photography

 

When awarding an assignment to Ingeborg Steenhorst Art and Photography, the client accepts the following general terms and conditions.

 

Assignment

An assignment is an agreement under which Ingeborg Steenhorst Art and Photography commits to the client to make and deliver photographic works, either physically or digitally. An assignment is established when the client agrees to the quotation from Ingeborg Steenhorst Art and Photography.

 

Agreement, quotation and confirmation

  • These general terms and conditions apply to the conclusion, content and fulfillment of all agreements concluded between the client and Ingeborg Steenhorst Art and Photography.
  • Written quotations that are designated as quotations are without obligation and valid for 48 hours. Quotations may be subject to change due to unforeseen changes in the work. Prices include VAT and other government road charges . Mentioned rates and offers do not automatically apply to future assignments.
  • An offer made in a quotation must be accepted in writing by the client within 48 hours.
  • If material prices and/or wages of third parties involved in the work are unexpectedly increased during the term of the agreement, Ingeborg Steenhorst Art and Photography is entitled to pass on these increases to the client.
  • The client is obliged to provide Ingeborg Steenhorst Art and Photography in advance with all information relating to the desired delivery.
  • Ingeborg Steenhorst Visual Arts and Photography guarantees that the delivered - or yet to be delivered - work of art has been - or will be - conceived, designed and made by her. She is entitled to sign her work and to provide it with a title and/or code.
  • All works of art produced by Ingeborg Steenhorst Art and Photography are protected by the Copyright Act. The client will base its assessment of a design on the information stated in the order confirmation. He will inform Ingeborg Steenhorst Art and Photography at the latest within two months of receipt of a design, in writing and with reasons, whether the design has been approved by him, or whether the design requires further explanation from Ingeborg Steenhorst Art and Photography or, that a proposal for any amendment be made. The buyer/client may not reject a design before inviting Ingeborg Steenhorst Art and Photography to explain her design verbally.
  • Designs - in whatever form - remain the intellectual property of Ingeborg Steenhorst Art and Photography, with the exclusive right to publication and exploitation. Designs also remain its material property, unless expressly agreed otherwise in writing. Ingeborg Steenhorst Art and Photography only supplies its design(s) to give an impression of a work of art yet to be delivered or to be performed, accompanied by a written budget for the implementation costs.
  • If the client requires a variant of the first design, or one or more new designs, these additional activities will be charged to him separately.
  • If the technical execution of a particular work of art or design has to be partly or wholly realized by third parties, Ingeborg Steenhorst Art and Photography, which received the order to deliver the entire work, is obliged to supervise the proper execution. Ingeborg Steenhorst Art and Photography is responsible for the artistic result of the entire work of art. Third parties charged by Ingeborg Steenhorst Art and Photography with the execution of parts or the whole of a work, are responsible to her for the technical result. Ingeborg Steenhorst Art and Photography determines the choice of the performer(s), unless otherwise agreed in advance.
  • If the purchase/order for delivery means that a test piece in the chosen material, a model or a model of the design by Ingeborg Steenhorst Art and Photography must be delivered, these additional activities will be charged to the buyer/client as additional costs.

 

Performance of the agreement

  • Ingeborg Steenhorst Art and Photography will make every effort to carry out the assignment carefully and independently, to represent the interests of the client to the best of its ability and to strive for a satisfactory result for the client. To the extent necessary, Ingeborg Steenhorst Art and Photography will keep the client informed of the progress of the work. The client is then able to indicate adjustments or wishes.
  • The client is obliged to do everything that is reasonably necessary or desirable to enable a timely and correct delivery by Ingeborg Steenhorst Art and Photography, in particular by the timely delivery of complete, sound and clear information and any needed materials.

 

Intellectual property rights and proprietary rights

  • Unless otherwise agreed, all intellectual property rights arising from the assignment - including patent right, design right and copyright - belong to Ingeborg Steenhorst Art and Photography.
  • Unless the work of art does not lend itself to this, Ingeborg Steenhorst Art and Photography is at all times entitled to mention or have her name mentioned on or near the work and the client is not permitted to publish or reproduce the work without prior permission of Ingeborg Steenhorst Art and Photography.
  • The copyright on all her artworks and photographic works rests with Ingeborg Steenhorst Art and Photography. This means that Ingeborg Steenhorst Art and Photography is the soil owner of her artworks and photographs. She has the right to publish and reproduce her artworks and photographs. Therefore, Ingeborg Steenhorst Art and Photography has the right to use her artworks and photographic work for promotional purposes, such as placement on the website www.ingeborgsteenhorst.com and use for social media, brochures and exhibitions. If the client or a person portrayed objects to this, he must inform Ingeborg Steenhorst Art and Photography in writing prior to the photo-session or artwork assignment.
  • After completion of the assignment, neither the client nor Ingeborg Steenhorst Art and Photography have a retention obligation towards each other with regard to the materials and data used.
  • The material ownership of the work of art does not entitle the owner to multiplication or reproduction or any other form of exploitation. Pursuant to the Copyright Act, this latter right is exclusively reserved to Ingeborg Steenhorst Art and Photography - the creator of the work of art - unless expressly agreed otherwise in writing with Ingeborg Steenhorst Art and Photography in advance and for a certain fee.
  • If the original work of art is resold by the client through the professional art trade, the maker and his heirs are entitled to a part of the sales price under the Resale Right if this price exceeds three thousand euros. This rule has been laid down in the Copyright Act and has been in effect since 2006. If the sales price of work of arts does not exceed 3000 euros, or if they are sold directly from the artist within three years of purchase for a sales price that does not exceed 10,000 euros, no compensation is due. If the client sells his works of art to a museum in a personal capacity, no compensation is owed either.

 

Use license / permission to use

  • Ingeborg Steenhorst Art and Photography has the freedom to use the assignment for its own publicity, promotion or social media, taking into account the interests of the client. When the client fully complies with his obligations under the agreement with Ingeborg Steenhorst Art and Photography, he obtains a license to use the design, digital artworks and photographic work for which there were firm intentions at the time of the assignment. These intentions must be demonstrably made known to Ingeborg Steenhorst Art and Photography before placing the order.
  • Image manipulation of digital artworks and photographic works produced by Ingeborg Steenhorst Art and Photography is not permitted, unless otherwise agreed. If Ingeborg Steenhorst Art and Photography has given permission for image manipulation, the result can only be used after her express written approval.
  • Any use of artwork and photographic works that has not been agreed is considered an infringement of the copyright of Ingeborg Steenhorst Art and Photography. In the event of copyright infringement, Ingeborg Steenhorst Art and Photography will be reimbursed three times the user license fee applied by Ingeborg Steenhorst Art and Photography at 70 euros per photo/artwork.

 

Attribution

  • The name of Ingeborg Steenhorst Art and Photography or in short Ingeborg Steenhorst, must (where possible) be clearly stated with a published artwork or photographic work, or included in the publication with a reference to the artwork or  photographic work.
  • In the case of digital copies, the client is obliged to ensure that the complete metadata - as they have been made part of the digital file by Ingeborg Steenhorst Art and Photography - are preserved.
  • If this condition is not met, Ingeborg Steenhorst Art and Photography will be reimbursed three times the user license fee applied by Ingeborg Steenhorst at 70 euros per photo or image.

 

Display

  • The color rendition and clarity of a digital artwork or photographic work can only be correctly judged using a calibrated monitor. For printed matter, color rendering and brightness can only be correctly assessed in natural daylight or with lamps with a color temperature of 5000-5500 K. Ingeborg Steenhorst Art and Photography only uses a professional, calibrated monitor and printer and can therefore not be held liable for a deviating color rendition or brightness of the artwork and photographic works she supplies.
  • Ingeborg Steenhorst Visual Arts and Photography cannot be held responsible for deviations in the color reproduction, clarity or sharpness of printed matter provided by third parties.

 

Additional costs

  • If additional costs have to be incurred for a commissioned work of art or photo-shoot that are not specified in the assignment description, these costs will be borne by the client.
  • All aids/materials, means of production and intermediate products belong to the studio inventory of Ingeborg Steenhorst Art and Photography, even if they have been charged to the client.
  • Ingeborg Steenhorst Art and Photography is not obliged to store it, unless otherwise agreed in advance. If it has been agreed that these must be kept, Ingeborg Steenhorst Art and Photography is entitled to charge storage, storage and insurance costs for this.

 

Delivery

  • After a commissioned photo session, Ingeborg Steenhorst Art and Photography will make a selection of the photos taken together with the client or the person portrayed. The selected photos are processed by Ingeborg Steenhorst Art and Photography into the end product in the form of a digital file: the photographic work. The files are delivered to the client via WeTransfer. Ingeborg Steenhorst Art and Photography ensures that these files are optimized in terms of size, resolution and color profile for the previously discussed use of the photos. Unless otherwise agreed, photographic works will be delivered no later than 4 weeks after payment has been made. Unselected, unedited photos will not be made available to the client.
  • The client agrees to the collection or collection of the work of art.
  • After delivery, the work is at the risk of the client. He therefore remains liable to pay the price, regardless of the destruction or deterioration of the work due to a cause that cannot be attributed to Ingeborg Steenhorst Art and Photography.
  • Delivery of the artwork by Ingeborg Steenhorst Art and Photography in consultation. If it has been agreed that Ingeborg Steenhorst Art and Photography delivers the work to the client, Ingeborg Steenhorst Art and Photography is entitled to charge transport, travel, accommodation and insurance costs.
  • Artworks are delivered exclusive of frames unless otherwise agreed in the commission agreement.
  • Unless otherwise agreed, the client is obliged to receive the work of art commissioned by him immediately after completion and - in accordance with the assignment agreement - to assess it for approval. The client must do everything possible to enable Ingeborg Steenhorst Art and Photography to deliver on time and if this cannot be met unforeseen, it must inform it in writing in a timely manner and with reasons.
  • The delivery term agreed with Ingeborg Steenhorst Art and Photography can always be regarded by the client as an approximation and never as an absolute term, unless the contrary has been expressly agreed in writing with Ingeborg Steenhorst Art and Photography.
  • If, for whatever reason, the delivery of a work of art or design is delayed by the client, Ingeborg Steenhorst Art and Photography is entitled to dispose of the total of the agreed price, or the remaining final amount with the accompanying costs and the invoice to be presented to the client at the end of the agreed delivery period. If the delivery term has not been expressly agreed in writing in advance, Ingeborg Steenhorst Art and Photography is entitled to present its invoice immediately after the expiry of the normally required time for preparing the work of art.
  • Ingeborg Steenhorst Art and Photography is entitled to charge storage, storage and insurance costs over the period from the end of the agreed delivery period until the moment when the actual delivery is made possible by the client.

 

Cancellation, termination and dissolution

  • If an assignment for a photo shoot is canceled by the client less than forty-eight hours before the agreed time, Ingeborg Steenhorst Art and Photography can charge fifty percent of the invoice amount.
  • The client is at all times entitled to cancel the agreement for the production of a work of art in whole or in part. In the event of such termination, he will have to pay the price applicable for the entire work, less the savings for Ingeborg Steenhorst Art and Photography resulting from the termination, against delivery of already completed work by Ingeborg Steenhorst Art and Photography. If the price was made dependent on the actual costs to be incurred by Ingeborg Steenhorst Art and Photography, the price owed by the client will be calculated on the basis of the costs incurred, the work performed and the profit that Ingeborg Steenhorst Art and Photography would have done the whole job.
  • If an assignment agreement is withdrawn by the client, while Ingeborg Steenhorst Art and Photography has already reached an advanced stage (physical execution of the work of art) with preparation, implementation work and/or commitments with third parties, the client will be obliged to pay the entire sum to be paid to Ingeborg Steenhorst Art and Photography of all costs involved in the creation of the work of art.
  • If the circumstances under which the assignment agreement was concluded change to such an extent that Ingeborg Steenhorst Art and Photography no longer sees any possibilities for artistic or material considerations to properly perform the originally intended assignment, she is entitled to terminate the agreement and cancel, while retaining its right to charge the costs incurred up to that time for the work performed.
  • If Ingeborg Steenhorst Art and Photography is unable to fulfill its obligations under the commission agreement due to force majeure, these obligations will be postponed until the force majeure situation has ended. If Ingeborg Steenhorst Art and Photography is still unable to fulfill its obligations after three months and no longer allows the delivery of the work to be postponed, the client is entitled to terminate the agreement, whereby he is obliged to pay the work performed by Ingeborg Steenhorst Art and Photography at that time with the associated costs.
  • By postponement of payment or bankruptcy of the client, Ingeborg Steenhorst Art and Photography is entitled to terminate the commission agreement immediately and by registered letter, with addition of the invoice for the costs incurred up to that time of and for the work performed.

 

Warranties and Disclaimers

  • Ingeborg Steenhorst Art and Photography guarantees that the delivered goods have been created and designed by her and that, if the design is subject to copyright, she is regarded as the creator within the meaning of the Copyright Act and can dispose of the work as the copyright holder.
  • The client indemnifies Ingeborg Steenhorst Art and Photography against all claims from third parties arising from the application or use of the result of the assignment.
  • The client indemnifies Ingeborg Steenhorst Art and Photography against claims with regard to intellectual property rights on materials, data or photos provided by the client that are used in the execution of the assignment.

 

Complaints

  • Complaints must be communicated in writing by the client to Ingeborg Steenhorst Art and Photography as soon as possible, but in any case within 5 working days after completion of the assignment. Failing which, the client is deemed to have fully accepted the result of the assignment.
  • The client is deemed to agree with the delivered artwork or design if Ingeborg Steenhorst Art and Photography has not received any complaints within the period of fourteen days. If in a special case that term requires an extension for the client, Ingeborg Steenhorst Art and Photography will allow a longer term of another fourteen days in all reasonableness.
  • If, no later than eight days after receipt of an invoice from Ingeborg Steenhorst Art and Photography, the client has not made a written comment on the calculated amount, he is deemed to have accepted and approved this invoice.

 

Disputes

  • A dispute between the buyer/client and Ingeborg Steenhorst Art and Photography exists if one of them declares that this is the case.
  • For all disputes that may arise between the client and Ingeborg Steenhorst Art and Photography, its heirs or rightful claimants, it can be agreed to submit these to an arbitration committee, which can settle the disputes by means of a recommendation that is binding on both parties. The proportional composition of the arbitration committee will at least consist of:
    - one representative of the organization that issued these terms of delivery,
    - one representative of the client, and
    - an independent and recognized lawyer as chairman.
  • If arbitration is not desired, the ordinary civil court will decide.

 

Payment and collection costs

  • Payment must be made within 14 days of the invoice date.
  • If Ingeborg Steenhorst Art and Photography has not received the amount due within the period of 14 days, the client is in default. If the client is in default, all costs incurred in obtaining payment will be borne by the client. In that case, the client owes an interest of 1% per month, counting part of a month to one month.
  • Payments made are firstly deducted from the costs, then against the accrued interest and finally against the principal.
  • The client is never entitled to suspend or set off the amount owed by him to Ingeborg Steenhorst Art and Photography.
  • If the client disputes the invoice in whole or in part, he must notify Ingeborg Steenhorst Art and Photography of this in writing within fourteen calendar days of the invoice date, stating the precise reasons. Objections to the amount of an invoice do not suspend the payment obligation.
  • All costs of collection shall be borne entirely by the client. The compensation for extrajudicial costs is fixed at fifteen percent of the principal due, including interest, with a minimum of EUR 500 per claim. As soon as the collection has been handed over by Ingeborg Steenhorst Art and Photography, this fee will always be charged without further proof and will be owed by the client.

 

Code of Honor

  • The buyer/client who wishes to commission several artists at the same time for the same project must inform all artists involved.
  • If the same commission has previously been given by the client to other artists, he will have to make this known, regardless of whether that previous commission has been accepted by previous artists or not.
  • If several artists simultaneously receive the same assignment to make a design from the client, these artists will increase their design fee by half of that amount by mutual agreement.

 

Liability

  • Ingeborg Steenhorst Art and Photography is not liable for:
    - Errors or shortcomings in the material provided by the client.
    - Misunderstandings, errors or shortcomings with regard to the execution of the assignment if these are caused by actions of the client, such as late or non-delivery of complete, sound and clear data and materials.
    - Errors or shortcomings in the assignment if the client has been given the opportunity during the process to carry out an inspection and has not made use of it.
    - Any damage that has arisen for the client, unless there is gross negligence or intent on the part of Ingeborg Steenhorst Art and Photography or persons engaged by it. The liability is in any case limited to the amount of the invoice or, if and insofar as there is an insured damage, to the amount actually paid out under the insurance.

 

Other provisions

  • Dutch law applies to the agreement between the client and the artist.
  • Insofar as these terms of delivery are not deviated from, the provisions and restrictions of the Copyright Act 1912 - which include all changes with regard to the visual arts - apply to the work of Ingeborg Steenhorst Art and Photography and its legal relationship with the buyer/client.

 

 

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