Terms and Conditions for all Photo-Services
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1. The following General Terms and Conditions of (hereinafter T&C) apply to all of Theodor Fruendt’s orders, offers, deliveries and services.
2. They are regarded as agreed upon acceptance of delivery or service or offer of Theodor Fruendt by the customer, at the latest with the acceptance of the photographic material for publication.
3. Theodor Fruendt is not liable if a person depicted in photos in certain contexts does not agree with a publication. Obtaining the necessary consent of third parties or the obtaining of a permission in individual cases to publish from collections, museums etc. is the duty of the customer, unless the provision of consent or approval is already guaranteed in writing by Theodor Fruendt . Theodor Fruendt is not liable for the type of use of the material. The customer is responsible for ensuring that no personality rights, copyrights and / or other rights of third parties are infringed by the type of use. The Customer bears the sole responsibility for the meaning. He has to observe the journalistic principles of the German Press Council (Press Code).
4. If the customer does not accept these Terms and Conditions, this must be declared within three working days. Any other terms and conditions of the customer are hereby rejected. Different terms and conditions of the Customer shall not be valid unless approved in writing by Theodor Fruendt.
5. The terms and conditions apply in the context of an ongoing business relationship notwithstanding the absence of any express reference to all future orders, quotations, deliveries and services of Theodor Fruendt.
II. Photographic material
1. The terms and conditions shall apply to all the customers photographic material, irrespective of its degree of completion or technical form. They apply especially to electronic or digitally transmitted photographic material.
2. The Customer acknowledges that it is the sense of the photographic material supplied by Theodor Fruendt to photographic works § 2 1, Clause 5 Copyright Act.
3. Customer-commissioned design proposals or concepts are independent services which are also must be paid.
4. The photographic material remains the property of Theodor Fruendt, even in the case that compensation payments have occurred (loss in cyberspace or post,etc).
5. The customer shall treat the photographic material carefully and is nay allowed to pass it on to third parties solely for internal business purposes, ie inspection, selection and technical editing.
6. Any complaints concerning the content of the delivery or the content, quality or state of the photographic material shall be lodged within 48 hours of receipt. Otherwise, the image / material shall be considered properly, according to the contract and as noted.
1. The customer shall fundamentally only receive simple utilisation rights for one-time use.
2. Exclusive utilisation rights, related or territorial exclusive rights or blocking periods must be agreed separately and as a surcharge of at least 100% of the basic fee.
3. The delivery is only a one-time transfer with the right to use the photographic material for the purpose specified by the customer wish to use. In case of doubt, the property (e.g. newspaper, magazine, agency etc.) for which the photographic material has been supplied is responsible and identified by the delivery or shipping address.
4. Each utilisation, exploitation, dissemination, copying or disclosure beyond No. 3 is subject to payment and requires prior explicit consent of Theodor Fruendt. This applies in particular to: - secondary utilisation or publication particularly in anthologies, product-related brochures, advertising or other reprints, - any editing, changing or redesigning of the photographic material - the digitalisation, storage or duplication of the photographic material on data carriers of all kinds (eg, magnetic, optical, magneto-optical, or electronic media such as CD-ROM, CDi, diskettes, hard disks, RAM, microfilms etc.) other than for the technical editing of the photographic material. III 3. Conditions, - any reproduction or utilisation of the photographic data on CD-ROM, CDi or similar media, - any recording or reproduction of picture data on the Internet or in online databases or other electronic archives (where it also are internal electronic archives of the customer), - the transmission of digitalised photographic material by data transmission lines or on disks that are suitable for reproduction on screens or for the production of hardcopies.
5. Changing of the photographs through photo composing or through other electronic means to produce a new copyrighted item are only permitted with the prior written consent of Theodor Fruendt. and shall be designated with [M]. Also, the images may not be copied, photographed or otherwise be used as a motive.
6. The customer is not entitled to transfer his rights of use granted in whole or in part to third parties including other group companies or subsidiaries.
7. Any use, reproduction or transfer of the image material is permitted only under the condition that the copyright notice specified by Theodor Fruendt, Photo: Theo Fruendt.
1. It is the agreed fee. If no fee has been agreed, it is determined by the current photograph fee of SME Foto-Marketing (MFM). The fee is exclusive of VAT.
2. The fee applies only for one-time use of the photographic material for the agreed utilisation upon pursuant to III 3. or 2. herein. If the fee is to be determined for further use, this must be agreed in writing.
3. By applying to costs and expenses (such as material and laboratory costs, model fees, costs for required props, travel expenses, per diems, etc.) are not included in the fee and shall be charged to the customer.
4. The fee provided IV. 1. herein T&C shall be also payable in full if the commissioned and supplied photographic material is not published. If supplied photographic material is used as a basis for layout and presentation purposes, except as otherwise agreed a minimum fee of € 50, - on each picture.
5. The fee must be paid no later than 4 weeks after invoicing, as far as on the invoice no shorter payment period is specified. After a reminder, the customer is in default. After the original deadline the fee with 10% pa to pay interest. An offset or exercise the lien is admissible only against undisputed or legally determined demands of the customer.
V. Penalty, blocking, damages
1. Every unauthorised (without the consent of Theodor Fruendt) utilisation, use, reproduction or transfer of the photographic material is for each case a penalty of five times the usage fee to be paid and remain subject to further claims for damages.
2. In the case of failure with an incomplete, incorrectly placed or an non-allocable copyright notice, a surcharge of 100% of the agreed fee will be charged.
3. In the absence of proof or when billing without proof or when billing is implemented without specifying which picture was used where in which publication, a penalty of 50% of the agreed fee will be charged.
4. The payments in accordance with Clause VI. any rights of use.
1. The law of the Federal Republic of Germany is agreed, also for deliveries abroad.
2. Any additions or modifications to these Terms and Conditions shall be effective only in writing.
3. Any nullity or invalidity of one or more provisions of these Terms shall not affect the validity of the remaining provisions. The parties will undertake efforts to replace the invalid provision with a valid provision that comes most closely to the intended regulation, - economically and in its legal effect.
4. Place of any dispute in jurisdiction is Heidelberg / Germany.
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