Terms and conditions of CHRISTOPH RAU PHOTOGRAPHY DARMSTADT
1. Scope of Application
1.1. The production of images and the image licenses is exclusively based on the following terms and conditions. These conditions also apply to all future production and licensing agreements, unless other arrangements are agreed.
1.2. Conditions of the customer, other than the following conditions will not be accepted. Such different terms and conditions are also not part of the contract, if the image author does not explicitly contradict them.
2. Production orders
2.1. Cost estimates are indicative of the image author.
Cost increases need the image author display only when an excess of the originally estimated total cost is expected to exceed 15%.
2.2. The client may file the author for the photographic work left to only those objects and templates, to which he is entitled to use and which are free of rights. The client has the image of author compensation claims of third parties arising from the breach of this duty.
2.3. Must be taken in order processing, the power of a third party claims or any other contract with a third party, the image author authorized to enter into the corresponding obligations on behalf of and for the account of the client.
2.4. The photographer selects the images that he presents to the client upon completion of the production to decrease. Usage rights are granted only to the images that the client decreases as per the agreement.
2.5. Complaints must be in writing and received no later than two weeks after the delivery of the images in the image author. After this period, the pictures taken are valid as per contract and free of defects.
3. Production Fees and Charges
3.1. If the planned time for the photographic work for reasons of image author is not responsible for, considerably exceeded an agreed fixed fee shall be increased accordingly. Is a time-based fee is agreed, the author receives image for the time to extend the recording work hours or the agreed daily rate.
3.2. The principal must also reimburse the fee owed to the additional costs incurred by the image author in connection with the execution of the order (for example, footage, lab work, photo models, travel).
3.3. The production fee is payable upon delivery of the images. If an image production supplied in parts, is the corresponding part payment due each with a part is delivered. Extends the performance of a contract for a long time, the image Author require progress payments in accordance with the amount of work rendered.
3.4. The rights to be transferred to the customer buys only with the full payment of the fee and the reimbursement of all the costs.
4. Requirement of archival images
4.1. Images for which the client requests from the archive of the author's photo will be provided for viewing and selection for a period of one month from the date of delivery is available. Comes within the selection period is not a license contract is they are back with the deadline on the image author.
4.2. With the release of the pictures for viewing and selecting no rights are transferred. Any use requires the prior written release of the photographer.
4.3. The use of images as a working copy for sketches or layout purposes also the presentation to customers is already a Jagex represents If mounts or slides open the image author - subject to a further payment claim - to calculate a layout fee justified, even if it is of a use Pictures did not come.
4.4. For the composition of the image, the image selection Author charge a handling fee which is calculated based on the nature and extent of costs incurred and is at least 30.00 euros. Shipping costs (packaging, postage), including the costs of special types (taxi, air freight, courier) the client must reimburse addition.
4.5. After expiry of the time limit (section 4.1.) And in excess of the return period of the images that are used by the client is, until receipt of the images during image Author blocking fee of EUR 1.25 per day and picture in addition to the other costs and fees charged to unless the time limit is not caused by the customer or it was made before the deadline another written agreement.
5.1. The client acquires rights only to the images in the contractual scope. Property rights are not transferred. Regardless of the size of the individual rights granted hereunder will remain the image author may use the images as part of his self-promotion.
5.2. The transfer and assignments of the client acquired rights to third parties, even to other editors of a publishing house, requires the written consent of the photographer.
5.3. Any use of the pictures is only permitted in the original version. Any amendment or modification (eg installation, photo-technical alienation, CoIorierung) and any change in image reproduction (eg publication of excerpts) requires the prior consent of the photographer. The only exception is the removal of unwanted blurring or color weaknesses by electronic retouching.
5.4. For each image of the image published author must be designated as the author. The appointment must be made at the image. Elsewhere only if a unique assignment is guaranteed. Copyright attribution always with regard to name, origin and site of the photographer, as follows:
Photo: Christoph Rau, Darmstadt (www.christoph-rau.de)
6. Digital Image Processing
6.1. The digitization of traditional images and the sharing of digital images in the course of data transfer or on removable media is only permitted if the exercise of the rights granted hereunder, this form of reproduction and distribution.
6.2. Image data can be digitally archived only for its own purposes of the client and only for the duration of the right of use. Storing the image data in online databases or other digital archives that are available to third parties, require a separate agreement between the image and the principal author.
6.3. During the digital recording of the images must be the name of the author of the photo with the image data must be electronically linked. The principal must also ensure appropriate technical measures that this link is maintained for each data, during the transmission of the image data to other disks, when played on a screen and in every public and that the author can always be identified as authors of the images .
7. Rights of third parties
7.1. Unless the image author assures explicitly that the persons or the owner have the rights to the works of fine or applied arts granted permission for an image is published, shall be responsible for obtaining the necessary in individual cases the consent of third parties, or the obtaining of releases from collections, museums etc. . the client.
7.2. The creator is not liable for the application of his pictures. The principal is responsible for ensuring that the type of use no personal rights, copyrights or other rights of third parties.
8. Liability and damages
8.1. The photographer is only liable for damages that he or his agents to bring about intent or gross negligence. This also applies to damages resulting from a positive breach of contract or tort.
8.2. The sending and return images is at the risk and expense of the customer.
8.3. Should images in liability of the client is lost or images returned in a condition that precludes further use of the customs, the customer has to pay compensation. The photographer in this case is entitled to damages in the amount of at least EUR 1,000.00 for each original and of € 200.00 for each duplicate, unless the customer can prove that damage has not created or significantly lower than the demanded cancellation charge. The assertion of a higher claim for damages remains reserved to the image author.
8.4. In case of unauthorized use, modification, alteration or dissemination of an image - whether in traditional or digital form - the image author is entitled to a penalty of five times the agreed upon or to require no agreement, five times the normal fee for use, but not less than 500.00 euros per picture and individual case. The assertion of further claims will remain unaffected.
8.5. If, when an image is published the name of the image author (paragraph 5.4.) Or the name of the author of the photo with the digital image is not permanently linked (section 6.3.), The principal has a penalty of 100% of the agreed or, if not, the customary usage fee, but at least 200.00 euros per photo and individual case. The image author also remains the extent to claim further damages claim reserved.
The fees payable by the client, fees and charges VAT is added at the statutory rate.
10. Legal validity, status and jurisdiction
10.1. The invalidity or unenforceability of individual T-terms does not affect the validity of the remaining provisions.
10.2. The law of the Federal Republic of Germany.
10.3. In the event that the customer has no general jurisdiction in the Federal Republic of Germany or its registered office or habitual residence after the contract to another counter, the residence of the author's image as a place of jurisdiction is agreed.