Like what you see, and want to work with Fotoro? You’d better take a look at my T&C's
Definitions
‘You’ refers to the client, that’s you.
‘Me’, ‘I’, or the royal ‘One’, refers to me.
In some cases, you and I will be named together. In that case, we are ‘we’ or ‘us’.
Quality
Nothing less than the best for you.
1. I believe in good work, which is probably why you came to me. All images are exported in high definition and formatted in JPEG, unless agreed otherwise. Prints are special, and as such we will make an arrangement that best suits your needs.
Confidentiality
Hear no evil, see no evil, speak no evil.
2. We handle each other’s confidential information with respect. Information is classed as ‘confidential’ if we have clearly communicated this to each other, or if the nature of the information suggests so. I.e., we do not need to agree beforehand that our addresses, social security numbers and bank details are confidential, but we would need to agree to confidentiality if you are starting a new business/product and want to keep it a secret until launch.
Drafts and revisions
Hit me baby one more time
3.1 Once a first draft is finished, you are welcome to take a look and provide me with your feedback, remarks, and corrections. I will revise each draft ONCE, after receiving your feedback. If you require extra revisions, they will be invoiced at € 50,- per hour (ex. VAT), and added to the invoice, unless stated otherwise.
Changing the agreement / contract / commission
I like you just the way you are
4. Once a proposal and quote have been accepted, and you wish to buy more images, there is an additional commission. I will send you an additional proposal and quote for this work.
5. If you pull out of or change an agreement / contract / commission before it has been finished, I am in no way obliged to deliver unfinished work.
6. In case the dog eats my homework, I fall off my bike and break my fingers, or my laptop is stolen from my favourite corner cafe, and I cannot finish my work because of it, we call that force majeure. In such an event, I will communicate this to you as soon as possible, informing you of the consequences for our agreement. I am in no way liable in an event of force majeure. In case I am not able to perform my duties for a period of two months, caused by force majeure, we both have the right to end our agreement and the commission.
Quote
7. I love meeting new people, which is why I don’t charge for a first meeting. However, if we end up working together during that first meeting, you will be immediately charged at a rate of € 50,- per hour (ex. VAT), unless agreed otherwise.
8. Before we start working together, we will agree upon a rate and fee. This can be a rate per image, per hour, per project, or a retainer fee for work per month. You will receive the calculated fee in the form of a quote. A quote is non-binding and is valid for a term of 14 days.
9. Once you have received and approved my quote work will start. If at any point I feel that the quote was not sufficient to finish the work, I will contact you and send an additional quote.
Liability
Did I do that?
10. I am in no way liable for any mistakes or errors – or the result of any mistakes or errors – in your publication(s). It is up to you, to carefully check all images delivered by me, to make sure they are accurate and correct. I am released from any and all liability regarding future jurisprudence, unless the cause is intent or deliberate recklessness by me.
11. I am in no way liable for damages, unless the damages are the cause of intent or deliberate recklessness by me. The maximum amount paid for damges in such a case, is the amount of the invoice.
Copyright ©
12. Until you have paid for my work, all rights are reserved, by me.
13. You have the right to a single publication of the image(s) you have bought from me. When buying images or other services from me, you are buying a single, exclusive license. Want to publish the work in another medium? Just ask me! I reserve the right to refuse, or request additional payment, when re-publishing.
14. I reserve my copyright even after exclusive licensing, see point 12.
15. Publications containing copyright must be credited. That means that my name should be published underneath images written by me, unless I ask you to: ”Leave out/ Remove my name, because…” or agreed otherwise. I must then give you my objections. I will notify you in advance, whether my name should or shouldn’t be mentioned. I may also require accreditation in the form of a ‘pseudonym’ or ‘anonymous’.
16. On the grounds of Dutch copyright law (Auteurswet), I have the right to refuse publication of my work. For instance, if you change or edit my work to such an extent that it is no longer recognisable. In that case, you will pay me for the work done thus far. If this situation leads to us terminating the agreement before time, I am entitled to a compensation in the form of the quoted and agreed amount.
17. In case of copyright-protected work delivered to the government, you must always state “all rights reserved” as mentioned in article 15b of the Auteurswet (Dutch copyright law). This article applies to both the publication as the in name of the government.
18. If you infringe upon my copyright, I am entitled to a compensation. Examples of such an infringement are:
Using my work without permission
Publication of my work in any other medium than agreed
Editing or changing my work
Publication of my work without a credit
19. Points 11 through 17 apply to images by others or third-party suppliers. I have no right to use what is not mine, and nor do you.
Working with third-party suppliers
20. I reserve the right to hire a third party supplier (consultant, writer, copy-editor, designer, web developer, art director, photographer, videographer) to advise, assist, and work with me under my name if deemed necessary to finish the job.
21. In case the hire of a third-party supplier warrants extra costs, which are not included on the approved quote, I will consult you beforehand with a new proposal and quote.
22. All third-party suppliers fall under the same terms & conditions, unless stated otherwise.
Payment
Hand it over!
24. I have a 14-day payment term, as stated on my invoice. In some cases, payment can be requested in terms or (partially) in advance, especially for large or ongoing projects. Once you have commissioned me to start working, you will receive an invoice which must be paid. If you are not satisfied with the image(s) and you choose not to use it – after initial revisions – that is your choice. Payment will still need to be made.
25. Don’t wait to long! If you have not paid within the 14 days stated on the invoice, I can raise the amount by a 2% surcharge. Pay within 30 days and the surcharge will be dropped. If you take more than 30 days after the invoice date to pay, you will be charged the legal interest rate. I will not need to issue a separate notice of default (ingebrekestelling). Any legal or extrajudicial costs made because of an overdue payment will be paid by you. Extrajudicial costs will be at least 15% of the invoice, with a minimum of € 200,-.
Disagreements
I don’t wanna fight
20. My business is based in the Netherlands, meaning that Dutch law presides. We’ll try to settle any disagreement ourselves over a cup of tea. Can’t work it out? My district judge can.
