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validity

 

1. The following general terms and conditions of delivery and business (hereinafter referred to as GTC) apply to all orders, offers, deliveries and services carried out by the photographer Karina Baur.

2. They are deemed to have been agreed when the customer accepts the delivery or service or the offer from the photographer Karina Baur, but no later than when the photographic material is accepted for publication.

3. If the customer wishes to object to the GTC, this must be declared in writing within three working days. Deviating terms and conditions of business of the customer are hereby contradicted. Deviating terms and conditions of the customer are not valid unless the photographer acknowledges them in writing.

4. The terms and conditions also apply to all future orders, offers, deliveries and services of the photographer Karina Baur in the context of an ongoing business relationship, even without express inclusion, unless expressly agreed otherwise.

 

commissioned productions

 

1. As far as the photographer Karina Baur creates cost estimates, these are non-binding. If costs increase during production, the photographer Karina Baur should only report this if it becomes apparent that the originally estimated total costs will be exceeded by more than 15%. If the planned production time is exceeded for reasons for which the photographer Karina Baur is not responsible, additional remuneration must be paid on the basis of the agreed time fee or in the form of an appropriate increase in the flat-rate fee.

2. The photographer Karina Baur is entitled to commission services from third parties that have to be purchased to carry out the production, in the name and with power of attorney and for the account of the customer.

3. Unless otherwise agreed, the photographs that are presented to the customer for approval after the end of production are selected by the photographer Karina Baur.

4. If the photographer Karina Baur does not receive any written notification of defects within two weeks of delivery of the photos, the photos are deemed to have been accepted in accordance with the contract and free of defects.

 

Licensed Imagery

 

1. The terms and conditions apply to any image material provided to the customer, regardless of the creative stage or the technical form in which it is available. They also apply in particular to electronic or digitally transmitted image material.

2. The customer acknowledges that the photographic material provided by the photographer Karina Baur is copyrighted photographic work within the meaning of Section 2, Paragraph 1, Item 5 of the Copyright Act.

3. Design proposals or concepts commissioned by the customer are independent services that are to be remunerated.

4. The photographic material provided remains the property of the photographer Karina Baur, even if damages are paid for it.

5. The customer must treat the image material carefully and carefully and may only pass it on to third parties for internal business purposes of viewing, selection and technical processing.

6. Complaints relating to the content of the delivered shipment or the content, quality or condition of the image material must be reported within two weeks of receipt. Otherwise, the image material is deemed to have been received properly, in accordance with the contract and as recorded.

 

Rights of Use

 

1. In principle, the customer only acquires a simple right of use for one-time use. Publications on the Internet or placement in digital databases are limited to the duration of the publication periods of the corresponding or comparable print object, unless otherwise agreed.

2. Exclusive rights of use, media-related or spatial exclusive rights or blocking periods must be agreed separately and require a surcharge of at least 100% on the respective basic fee.

3. With the delivery, only the right of use is transferred for the one-time use of the image material for the purpose specified by the customer and in the publication and in the medium or data carrier which/-s/-n the customer has specified or which/-s/ -r results from the circumstances of the order placement. In case of doubt, the purpose for which the image material was made available, as evidenced by the delivery note or the shipping address, is decisive.

4. Any use, exploitation, duplication, distribution or publication that goes beyond Section 3 is subject to a fee and requires the prior express consent of the photographer Karina Baur. This applies in particular to:

– a secondary use or secondary publication, in particular in anthologies, product-related brochures, advertising measures or other reprints, any processing, modification or redesign of the image material,

- The digitization, storage or duplication of the image material on data carriers of all kinds (e.g. magnetic, optical, magneto-optical or electronic carrier media such as CD-ROM, DVD, hard drives, RAM, microfilm, etc.), insofar as this is not only for technical processing and Management of the image material according to Section III 5. General Terms and Conditions serves,

- any duplication or use of the image data on digital data carriers, any recording or reproduction of the image data on the Internet or in online databases or in other electronic archives (including internal electronic archives of the customer),

- the transfer of the digitized image material by way of long-distance data transmission or on data carriers that are suitable for public display on screens or for the production of hard copies.

5. Changes to the image material through photo composing, montage or electronic aids to create a new copyrighted work are only permitted with the prior written consent of the photographer Karina Baur and only if marked with [M]. The image material may not be drawn, photographed or otherwise used as a motif.

6. The customer is not entitled to transfer the rights of use granted to him in whole or in part to third parties, not even to other group companies or subsidiaries. Any use, reproduction or forwarding of the image material is only permitted if the copyright notice provided by the photographer Karina Baur is attached in unequivocal assignment to the respective image.

7. The granting of the rights of use is subject to the condition precedent of full payment of all payment claims of the photographer Karina Baur from the respective contractual relationship.

8. The photographer Karina Baur remains entitled to use his photos for self-promotion purposes even if the exclusive rights of use are transferred.

 

Liability

 

1. The photographer Karina Baur assumes no liability for infringement of the rights of depicted signs (brands, company designs), persons or objects, unless a correspondingly signed release form is attached. The acquisition of rights of use beyond the photographic copyright, e.g. B. for illustrated works of fine or applied art as well as obtaining publication permits from collections, museums etc. is the responsibility of the customer. The customer bears the responsibility for the captions as well as the contexts resulting from the concrete publication.

2. From the time the image material is properly delivered, the customer is responsible for its proper use.

 

fees

 

1. The agreed fee applies. If no fee has been agreed, it is determined according to the current photo fee overview of the Mittelstandsgemeinschaft Foto-Marketing (MFM). The fee does not include the applicable VAT.

2. The agreed fee covers the one-off use of the image material for the agreed purpose in accordance with Section IV.3.

3. Costs and expenses incurred as a result of the order (e.g. material and laboratory costs, model fees, costs for necessary props, travel expenses, necessary expenses, etc.) are not included in the fee and are borne by the customer.

4. The fee claim is due upon delivery of the recording. If a production is delivered in parts, the corresponding partial fee is due with the respective delivery. The photographer Karina Baur is entitled to demand advance payments for production orders according to the scope of services rendered.

5. The fee according to VI. 1. Terms and Conditions must also be paid in full if the commissioned and delivered image material is not published. If the recordings are used as a work template for layout and presentation purposes, a fee of at least EUR 75.00 per recording will be charged, unless otherwise agreed.

6. Offsetting or exercising the right of retention is only permitted with undisputed or legally established claims of the customer. It is also permissible to set off counterclaims that are disputed but are ready for a decision.

 

Return of the footage

 

1. Digital data must always be deleted or the data carrier destroyed after use has ended. The photographer Karina Baur is not liable for the existence and / or the possibility of a renewed delivery of the data.

2. If, at the customer's request or with the customer's consent, the photographer provides Karina Baur with image material solely for the purpose of checking whether use or publication is possible, the customer must delete this image material within one month of receipt at the latest, unless there is one on the delivery note other deadline is stated. Digital data on data carrier(s) must be destroyed or returned. An extension of this period is only effective if it has been confirmed in writing by the photographer Karina Baur.

 

VIII. Penalty, Compensation

 

1. In the event of any unauthorized (without the consent of the photographer Karina Baur) use, application, reproduction or transfer of the image material, a contractual penalty of five times the usage fee must be paid for each individual case, subject to further claims for damages.

2. If the copyright notice is omitted, incomplete, incorrectly placed or cannot be assigned, a surcharge of 100% of the agreed or usual usage fee is to be paid.

 

IX. General

 

1. The law of the Federal Republic of Germany applies as agreed, including for deliveries abroad.

2. Ancillary agreements to the contract or to these GTC must be in writing to be effective.

3. The possible nullity or ineffectiveness of one or more provisions of these terms and conditions does not affect the effectiveness of the remaining provisions. The parties undertake to replace the invalid provision with a meaningful, valid provision that comes as close as possible to the desired regulation from an economic and legal point of view.

4. Place of performance and place of jurisdiction, if the customer is a registered trader, is the place of residence of the photographer Karina Baur.