General terms and conditions Lampe ProductionsVersion: January 2021
Details Lampe Productions
Web: www.lampeproductions.comE-mail: contact@lampeproductions.comPhone: 31 (0)6 45 150 750
Insofar as nothing else has been explicitly agreed between Lampe Productions and the Client, the conditions below apply
Article 1. Definitions In these general terms and conditions the following definitions apply: • Quotation: all offers from Lampe Productions to (legal) persons with whom it is intended to enter into an agreement. • Agreement: the assignment agreement between Lampe Productions and the Client. • Assignment: the service or product that will be provided by Lampe Productions. • Lampe Productions: Lampe Productions, also user of these general terms and conditions and contractor. • Client: the (legal) person or persons with whom Lampe Productions has concluded the agreement, also the acceptor of these general terms and conditions. • Cancellation: termination or dissolution of the agreement. • Written: 1. Writings on paper exchanged in person or by regular mail. 2. Electronic communications such as e-mail, provided that the identity of the sender and the authenticity of the communication are sufficiently established. The burden of proof regarding receipt of (electronic or written) communication lies with the Client at all times. • Use: Reproduction and/or publication within the meaning of the Copyright Act 1912.
Article 2. Application These general terms and conditions apply to all legal relationships between Lampe Productions and the Client, as well as to all quotations, offers, agreements and services provided, products and photographic and videographic files.
When entering into a collaboration with Lampe Productions, the Client indicates that it is aware of and agrees to the applicable general terms and conditions. Provisions or conditions set by the Client that deviate from, or do not appear in, these general terms and conditions are only binding for Lampe Productions if and insofar as they have been expressly accepted in writing by Lampe Productions. Applicability of the other party's General Terms and Conditions is hereby expressly rejected.
Article 3. Acceptance of the assignment - a. After the Client and Lampe Productions have agreed what the assignment will include, Lampe Productions will issue a quotation/agreement in writing (usually by e-mail). The prices stated herein are valid for two weeks. The quotation states the prices per part without the calculated VAT. This is stated separately and the total amounts stated therefore include VAT. As can be read in the quotation/agreement. The Client must accept the offer explicitly and in writing. If the Client fails to do so, but nevertheless agrees, or at least gives the impression that Lampe Productions carries out work in the context of the agreement, the offer will be considered accepted. –b. After acceptance, the agreement can only be changed by mutual consent. In that case, Lampe Productions is entitled to adjust the price payable for the agreement. The following applies: For changes within one month after signing, the same prices will be charged as applicable on the day of signing. For changes after this date, the current rates applicable at that time will be applied. The agreed order cannot be reduced. – c. Lampe Productions reserves the right to refuse an assignment if new information becomes available after acceptance that makes execution unacceptable for Lampe Productions. – d. For special holidays, such as Christmas and New Year's Eve, a surcharge of 20% will be charged on the work performed on that day(s).
Article 4. Execution of the assignment Lampe Productions will execute the assignment to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship, in the style in which Lampe Productions usually works. Lampe Productions makes every effort and will act to the best of its ability in the given and existing circumstances during the execution of the assignment. The Client is obliged to do everything that is reasonably necessary and desirable to enable timely and correct execution of the assignment. The Client undertakes to make the circumstances as favorable as possible for Lampe Productions and to take measures where necessary, including, but not limited to, instructing other attendees. The Client is responsible for the choice of the location where the assignment is carried out. If this is a location that is not publicly accessible, or if photography is not freely permitted at the location in question, the Client is also responsible for obtaining the necessary permission and any permits. The Client is also responsible for choosing and providing an alternative location (for example in the event of bad weather). Lampe Productions advises based on its experience and expertise, but is not responsible for any unforeseen consequences arising from the final choice. Lampe Productions delivers the images in the style usually used by Lampe Productions, whereby global image optimization is applied to, among other things, light, color, contrast and cropping, according to Lampe Productions' artistic insight. Post-processing outside of this is only after consultation with Lampe Productions and may incur additional costs.
Article 5. Delivery Delivery of digital products takes place via Dropbox or WeTransfer. Delivery of physical products takes place by regular mail and is at the risk of the Client from the moment of shipment. Delivery will not take place until payment for the relevant services, files and/or other products has been received. The Client is responsible for producing a copy of the digital files. Lampe Productions stores the raw (RAW) files for a maximum of 5 years. Edited images are kept indefinitely. If the files have been lost by the Client, it is possible to request a copy within this period. No additional costs will be charged for this. Unless changes/adjustments/edits need to be made. The hourly rates applicable at that time will then be charged.
Article 6. Payment. If it is likely that Lampe Productions has incurred unforeseen higher costs and/or has carried out additional work, which were reasonably necessary for the correct execution of the assignment and only became apparent after dispatch and payment of the invoice, Lampe Productions will charge these afterwards. to the Client. The final compensation for this is based on the work performed and costs incurred on the basis of subsequent calculation, taking into account the agreed hourly rate and other commonly used prices. This also includes costs arising from the use of a certain location, parking fees, etc.
Article 7. Payment terms Lampe Productions will send an (electronic) invoice to the Client for the amount owed by the Client. Payment must be made within 14 days of the invoice date.
Article 8. Cancellation and suspension If an invoice is not paid within the payment term, Lampe Productions can, after the Client has been informed, suspend all work for the Client until the amount of the invoice has been paid. If the Client does not provide the information required for the execution of the assignment in a timely manner or fails to be present (on time), while this is necessary for the execution of the assignment, Lampe Productions is entitled to suspend or terminate the agreement. Suspension or dissolution of the agreement will take place in writing. If the Client terminates the agreement, Lampe Productions will charge 25% of the agreed total price. If due to justifiable serious, unforeseen circumstances, including but not limited to illness and extreme weather conditions, it is impossible for Lampe Productions to carry out the assignment on the agreed date, a new date will be agreed in consultation with the Client. If this is due to the nature of the assignment, such as recording an event that cannot be rescheduled, Lampe Productions will attempt to find a replacement photographer. Payment obligation also applies if the Client does not wish to use the work carried out under the agreement or products manufactured or purchased by Lampe Productions. If an invoice is not paid within the payment term, statutory interest is due on the outstanding invoice amount without further notice of default by Lampe Productions.
Article 9. Complaints Complaints about the execution of the agreement must be submitted in writing to Lampe Productions no later than 7 days after receipt of the photo and/or video files. Complaints after these 7 days will no longer be processed. Complaints or objections submitted do not suspend the payment obligation.
Article 10. Copyright The copyright on the photo and video material supplied by Lampe Productions rests with Lampe Productions. The Client is only entitled to use/publish the work created by Lampe Productions in the agreed manner, as described in the quotation under “license”. The Client is not authorized to grant sublicenses to third parties, nor to transfer its own license. The Client must request written permission to submit a photo for competitions and publications by third parties. When publishing or reproducing the work of Lampe Productions, it is not permitted to modify it in any way. The Client must observe the personality rights of Lampe Productions, including the obligation to mention the name as stated in Article 25 of the Copyright Act 1912. Any use, such as publication of a Lampe Productions work that has not been agreed, is considered an infringement of Lampe Productions' copyright. In the event of infringement of the copyright and/or personality rights of Lampe Productions, Lampe Productions charges three times the usual license fee for such a case, to compensate for the damage suffered. Compensation does not give any right to further unagreed use of the work of Lampe Productions. Lampe Productions is entitled to use the material for its own business promotion and acquisition. The images may, among other things, form part of its portfolio and be placed on the website and social media. Lampe Productions will mention the name of the Client in such use, unless the Client expressly indicates that it objects to this.
Article 11. Liability If Lampe Productions is liable, this liability is limited to what is regulated in this provision. Lampe Productions is not liable for damage of any nature whatsoever caused by Lampe Productions relying on incorrect and/or incomplete information provided by or on behalf of the Client. Lampe Productions is not liable for any damage incurred by the Client, unless there is intent or gross negligence on the part of Lampe Productions or its representatives. Lampe Productions is only liable for direct damage; Direct damage is exclusively understood to mean - the reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions, - any reasonable costs incurred to repair the defective damage to the extent that this can be attributed to Lampe Productions and - the reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions. Lampe Productions is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business stagnation. Liability is limited to the amount of the invoice or, if and insofar as there is an insured damage, to the amount of the amount actually paid out under the insurance.
Article 12. Indemnification The Client indemnifies Lampe Productions against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to others than Lampe Productions. If Lampe Productions is held liable by third parties for this reason, the Client is obliged to assist Lampe Productions both extrajudicially and legally and to immediately do everything that may be expected of him in that case. If the Client fails to take adequate measures, Lampe Productions is entitled to do so itself, without notice of default. All costs and damage incurred by Lampe Productions and third parties as a result are entirely at the expense and risk of the Client
Article 13. Changes to these general terms and conditions Lampe Productions reserves the right to change or supplement these general terms and conditions. Changes will be communicated to the Client in a timely manner and in writing by Lampe Productions. If the Client does not want to accept a proposed change, he can terminate the agreement until the date on which the new general terms and conditions come into effect.
Article 14. Applicable law and disputes All legal relationships to which Lampe Productions is a party are exclusively governed by Dutch law, even if an obligation is fully or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded. The judge in the place of business of Lampe Productions has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, Lampe Productions has the right to submit the dispute to the competent court according to the law. Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.
Article 15. Other provisions If a provision of the agreement and/or the general terms and conditions proves to be void or voidable, the other provisions and the agreement will remain in force.
Article 16. Travel costs Travel costs will be charged on the invoice. A rate of €0.30 cents per kilometer driven is applied.