Alexander Roßbach – Photojournalism „, represented by Alexander Roßbach (address: Schützenstraße 1, 96047 Bamberg, email address: info [at] alexanderrossbach [dot] com; sales tax identification number: DE 20726411434), called provider, the contract concluded.
- The following terms and conditions apply to all the photographers, Alexander Roßbach, distributed orders, offers, deliveries and services. They are considered as agreed if they are not objected to immediately.
- They shall be deemed to have been agreed upon upon receipt by the customer of the delivery or service of the photographer’s offer, but at the latest upon acceptance of the photographic material for publication
- If the customer contradicts the terms and conditions, this must be stated in writing on three working days. Deviating terms and conditions of the customer are hereby contradicted. Deviating terms and conditions of the customer are not valid.
- The terms and conditions apply in the context of an ongoing business relationship for all orders, offers, services and services of the photographer concerned, unless otherwise expressly agreed
II. CONTRACT MANUFACTURE
- As far as the photographer creates cost estimates, these are not binding. If there are cost increases during production, the first ones to come from the photographer will be when it becomes apparent that they may exceed the originally estimated total costs by more than 15%.
- Subject to any other regulation, the photographs will be submitted for approval, selected by the photographers. If the client has not given the photographer clear written instructions, complaints regarding the image concept as well as the artistic-technical design are excluded. If the client wishes during the recording production, he has to bear the additional costs. The photographer shows the compensation claim for work already started.
- The invoice amount is after receipt of the invoice, which contains all details for the transfer. Delivery on account (bank transfer) or payment service provider (PayPal). Further payment methods are not offered. The invoice amount is to be transferred to the specified account of 10 working days after receipt of the invoice, which contains all details for the transfer and is sent with the delivery. Payment is due without deductions from the date of invoice. After expiry of the payment period, the customer will be in default without notice.
- If the photographers are not in writing within two weeks after delivery of the recordings, the recordings will be accepted as being in accordance with the contract and free of defects. A right of retention of the customer. Offsetting against claims of the customer is excluded.
The provider ships the order from its own warehouse.
III. OVERRIDE IMAGE MATERIAL
- The terms and conditions apply to any image material left to the customer, at which stage or in which technical form they are available. They apply in particular to electronic or digitally transmitted images.
- The customer recognizes that the picture material provided by the photographer exists
copyrighted photographic works i.S.v. Section 2 (1) para. 5 UrhG acts. The photographs used by the photographer are only intended for the client’s own use.
Design proposals or conceptions commissioned by the customer are independent services that have to be remunerated.
- The transferred images remain the property of the photographer in the event that the damages are paid exactly.
The customer has to treat the picture material accurately and may not be passed on. For business purposes only, to pass inspection, selection and technical processing.
Complaints containing the contents of the delivered consignment must be notified within two weeks of receipt. Otherwise, the images are considered to be correct, in accordance with the contract and as recorded in accordance with para. II 4. Conditions.
IV. USAGE RIGHTS
- In principle, the customer only acquires a simple right to use the one-off Use. Publication on the Internet or posting to digital databases is, unless otherwise agreed, limited in time to the
Duration of the publication periods of the corresponding or a comparable Print object.
- 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.
- With the delivery only the right of use is transferred for the one-time use of the picture material for the purpose specified by the customer and in the publication and in the medium or data medium which / -s / -n the customer specified or which / -s / -r arising from the circumstances of the award of the contract. In case of doubt, the purpose of use is decisive for which the pictorial material has been provided, as evidenced by the delivery note or the shipping address.
- Any use, exploitation, duplication, distribution or publication beyond section IV 3. is subject to a fee and requires the prior express consent of the photographer. This applies in particular to: a) a second utilization or second publication, in particular in anthologies, product-accompanying brochures, in advertising measures or other reprints, any processing, modification or transformation of the image material; b) the digitization, storage or duplication of the image material on data carriers of all kinds (eg magnetic, optical, magneto-optical or electronic media such as CD-ROM, DVD, hard disks, memory, microfilm etc.), as far as this is not only the technical processing and management of the Picture material acc. Para. III 5. Terms and Conditions c) any reproduction or use of the image data on digital data media, any recording or reproduction of the image data on the Internet or in online databases or in other electronic archives (including those in the customer’s internal electronic archives); d) the distribution of the digitized image material by means of remote data transmission or on data carriers which are suitable for public display on screens or for the production of hard copies.
- Changes to the photographic material by photo-composing, montage or electronic aids for the creation of a new copyrighted work are permitted only with the prior written consent of the photographer and only when labeling partly as Montage [M] and other part in accordance with § 8 UrhG.
- 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 or subsidiary companies.
- Any use, reproduction or transfer of the image material is only permitted under the condition that the copyright notice given by the photographer is attached to the respective image without any doubt. A violation of the right to name entitles the photographer to compensation. The naming „Photo: Alexander Roßbach“ is to be stated either directly under the picture or in the imprint with each publication.
- The granting of the rights of use is subject to the condition precedent of the complete payment of all payment claims of the photographer from the respective contractual relationship.
- Unless otherwise agreed, the photographer may use the photographs as part of self-promotion (for example, website, Facebook, Instagram, etc.).
- Raw data (RAW) remains with the photographer.
- The photographer assumes no liability for the violation of rights of imaged persons or objects, unless a correspondingly signed release form is attached. The acquisition of rights of use beyond the photographic copyright addition, z. B. for pictorial works of fine or applied art as well as the obtaining of publication permits for collections, museums, etc. incumbent on the customer. The client bears the responsibility for the caption as well as the contexts of meaning resulting from the concrete publication.
- From the time of the proper delivery of the photographic material, the customer is responsible for its proper use.
- The client is obliged to digitally store and copy photos of the photographer in such a way that the name of the photographer is electronically linked to the image data.
- The client is obliged to perform this electronic linkage in such a way that it is preserved in every type of data transmission, on every display on screens, in all types of projections, in particular in every public display, and the photographer as the author of the pictures is clearly and unambiguously identifiable is.
- The agreed fee applies. If no fee has been agreed, it is determined according to the current image fee overview of the german SME community FotoMarketing (MFM). The fee understands itself as final price and contains gem. § 19 para. 1 UStG no sales tax.
- The agreed fee will be used once for the agreed purpose according to para. IV 3 Terms and Conditions.
- Costs and expenses incurred by the order (for example, material and laboratory costs, model fees, costs for necessary props, travel expenses, required expenses, etc.) are not included in the fee and are borne by the customer.
- The fee is payable upon delivery of the admission. If a production is delivered in parts, then the corresponding partial fee with respective delivery is due. The photographer is entitled to demand advance payments for production orders according to the scope of services provided.
- The fee in accordance with VI 1. GTC is also to be paid in full if the commissioned and delivered picture material is not published.
- A set-off or the exercise of the right of retention is only permitted with undisputed or legally established claims of the customer. In addition, offsetting with disputed but decision-ready counterclaims is permissible.
VII. RETURN OF PICTURE MATERIALS
- Digital data must always be deleted after the use has been completed or the data carriers must be destroyed. The photographer is not liable for the existence and / or the possibility of a new delivery of the data.
- If the photographer, at the request of the customer or with his consent, leaves photographic material for the sole purpose of checking whether use or publication is to be considered, the customer must return analogue artwork no later than one month after receipt, unless the delivery note specifies a different deadline. Digital data must be deleted or the data media must be destroyed or returned.
- The return of the image material is carried out by the customer at his expense in customary packaging. The customer bears the risk of loss or damage during transport to the photographer’s entrance.
VIII. BREACH OF CONTRACT, DAMAGES
- Any unauthorized (without the consent of the photographer) use, use, reproduction or transfer of the photographic material shall be subject to a contractual penalty of five times the user fee for each individual case, subject to further claims for damages.
- If the copyright notice is omitted, incomplete, incorrectly placed or not assignable, a surcharge of 100% shall be payable on the agreed or customary usage fee.
- If the time provided for the execution of the order is substantially exceeded for reasons beyond the control of the photographer, the photographer’s fee will increase accordingly, provided that a flat rate has been agreed. If a time fee has been agreed, the photographer will also receive the agreed hourly or daily rate for the waiting period, unless the client proves that the photographer has not suffered any damage. In the case of intent or negligence of the client, the photographer can also assert claims for damages.
- Delivery dates for photographs are only binding if they have been expressly confirmed by the photographer. The photographer is liable for exceeding the deadline only in cases of intent and gross negligence.
- You can withdraw your order within two weeks without giving reasons in writing (eg letter, e-mail).
- Insofar as the provider begins to provide the service at your express request before the expiry of the revocation period, your right of revocation lapses if the service has been provided in full. For partial services rendered up to the revocation the offerer has a claim on their remuneration. By accepting these terms and conditions, you declare your knowledge of the loss of your right of withdrawal under the aforementioned conditions.
- The period for revocation begins after receipt of this instruction in writing, but not before receipt of the goods (in case of recurring delivery of similar goods not before receipt of the first partial delivery) at the recipient and not before fulfillment of the information requirements The revocation must be sent to:
info [at] alexanderrossbach[dot]com
X. FINAL PROVISIONS
- It is the law of the Federal Republic of Germany as agreed, even for deliveries abroad.
- Additional agreements to the contract or these terms and conditions must be in writing to be effective.
- Any nullity or ineffectiveness of one or more provisions of these GTC does not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid, valid provision which comes closest to the desired provision economically and legally.
- Place of fulfillment and jurisdiction is, if the customer is a registered trader, the domicile of the photographer.