Terms & Conditions
GENERAL TERMS AND CONDITIONS
PART 1 - GENERAL
Article 1 - Company Information
1.1 These general terms and conditions (hereinafter referred to as the “General Terms and Conditions”) belong to Modest Vision - Ines Mataiche, registered in the Crossroads Bank for Enterprises (KBO) under number 1013.287.140 (hereinafter referred to as the “Photographer”).
Contact details:
E-mail: inesmataiche@gmail.com
Article 2 - Definitions
2.1 The following terms shall have the following meanings in these General Terms and Conditions:
• Client: any natural person or legal entity who has or enters into a contractual relationship of any kind with the Photographer.
• Consumer: any natural person acting as a Client, who is acting for purposes outside his or her trade, business, or professional activity.
• Services: photoshoots and videos, including but not limited to fashion photography, photo reports, video reports, and portrait sessions either outdoors or in a studio, supplemented with content for social media if requested by the client.
• Quotation: an Offer made in the name of and tailored to a specific Client.
• Offer: the services and/or products offered through the Photographer’s social media channels or received by email.
• Assignment: the provision of services as agreed upon between the Photographer and the Client.
Article 3 - Scope of Application
3.1 These General Terms and Conditions shall exclusively apply to all current and future legal relationships between the Photographer and the Client, as well as to all Quotations, Offers, and Assignments. The Client acknowledges and accepts the applicability of these General Terms and Conditions.
3.2 Explicit deviations from these General Terms and Conditions are only valid insofar as they result from a mutual agreement between the Client and the Photographer and are laid down in writing. Such deviations shall only replace or supplement the clause to which they relate. All other provisions shall remain fully applicable. Any general terms and conditions of the Client are explicitly excluded.
3.3 The Photographer reserves the right to modify and/or supplement these General Terms and Conditions at any time. Such changes shall not affect Assignments already accepted by the Photographer.
Article 4 - Formation of the Assignment
4.1 The Photographer issues an Offer via email or through her social media channels. Each Offer constitutes merely an invitation to enter into a service agreement and shall therefore not be considered a binding Offer from the Photographer to the Client. The Photographer reserves the right to correct any errors in an Offer or Quotation at any time.
4.2 The Client may subsequently place or add to an order by telephone, via email, or through the Photographer’s social media channels.
4.3 The Client may opt to create and book a customised package. In that case, the Photographer will provide the Client with a personalised Quotation. Each Quotation is valid for a period of 14 days and automatically expires upon the lapse of this period.
4.4 An Assignment is only deemed to be formed when the Client has received confirmation from the Photographer or has accepted the Quotation. The confirmation will be sent by email to the email address provided by the Client.
4.5 The Photographer may apply specific conditions to a particular Offer (for example, concerning the location, price, travel costs, etc.). Such specific conditions will be explicitly communicated in advance and prior to the Assignment.
4.6 By accepting the Offer, the Client agrees that the Assignment is final, shall be carried out, and must be fulfilled. The Client is bound to make payment.
4.7 The Belgian Code of Economic Law expressly states that a valid Agreement between parties can be concluded through electronic means of communication. The electronic records generated in this context may be used as evidence by the Photographer. It is not essential for the evidentiary value that these electronic records contain a standard, digital, or electronically qualified signature.
Article 5 - Rates and Payment
5.1 The rates depend on the chosen modalities. The price is always exclusive of VAT (21%), travel expenses, accommodation costs, and on-site expenses, unless otherwise and expressly agreed upon in writing with the Client. Travel expenses are charged at €0.45 excluding VAT per kilometre.
5.2 The Photographer reserves the right to adjust the rates at any time. The amended rates apply to all orders and additional orders placed after the modification has taken effect.
5.3 Upon completion of the Assignment, the Client will receive an invoice corresponding to the services rendered and any separate costs (including travel expenses).
5.4 The Photographer’s invoices are payable within 30 days from the invoice date. In the event of non-payment or late payment within the stated term, all outstanding invoices shall become immediately due and payable by operation of law and without prior notice. From the due date, the Client shall automatically and without prior notice owe a fixed compensation of €125.00. In the case of partial payment, the full compensation remains due.
5.5 The final images, without watermark, will only be made available to the Client after full payment of the invoice.
5.6 The Photographer reserves the right to request an advance payment from the Client prior to the start of the Assignment.
5.7 Any objections to the invoice must be lodged within 7 days of receipt. If no timely objection is made, the Client shall be deemed to have accepted the invoice as received. Raising an objection does not suspend the obligation to pay.
PART 2 - EXECUTION OF THE ASSIGNMENT
Article 6 - General
6.1 The Photographer shall execute the Assignment to the best of her knowledge and ability. The Photographer shall not be held liable for not achieving the result envisioned by the Client. The desired result always depends in part on the Client’s own efforts and constitutes a best-efforts obligation only.
6.2 The Photographer can only properly perform the Assignment if the Client provides all necessary information in a timely manner. The Client is therefore responsible for the accuracy, completeness, and reliability of the data provided, including information originating from third parties.
6.3 The Photographer shall not be held liable for any damage, of any kind, resulting from incorrect or inaccurate data provided by the Client.
6.4 If the Client fails to provide the required information on time, resulting in jeopardising or delaying the execution of the Assignment, all resulting additional costs shall be borne by the Client.
6.5 The Photographer reserves the right to refuse an Assignment if, after acceptance, new information becomes available that renders execution of the Assignment unacceptable for the Photographer.
Article 7 - Date and duration of the photoshoot
7.1 The date of the photoshoot shall be mutually agreed upon at the time of booking the Assignment. This date is binding.
7.2 If the Client has opted for a specific duration of the photoshoot, this duration may not be shortened. The Client may, however, choose to extend the session in consultation with the Photographer and subject to payment of an additional fee.
Article 8 - Cancellation conditions
8.1 An Assignment may be cancelled by the Client up to three days prior to the scheduled session. In case of cancellation within three days before the session, or if the Client is absent without prior notice, a cancellation fee of EUR 75 will be charged. Any part of the Assignment already performed will always be invoiced.
8.2 The scheduled photoshoot date may be rescheduled once without additional cost. If the Client wishes to reschedule again, an additional fee of EUR 50.00 excluding VAT will be charged. The new date shall always be determined by mutual agreement between the Photographer and the Client.
Article 9 - Force majeure
9.1 In the event of unforeseen circumstances or force majeure, the Parties may suspend, reschedule, or cancel the Assignment. Unforeseen circumstances include, among other things, illness or issues relating to materials necessary for proper execution of the Assignment. The Parties shall inform each other of any such change as soon as possible.
9.2 The Photographer accepts no liability in the event she is unable to fulfil her obligations due to force majeure or external causes. If the force majeure is of a temporary nature, she shall make every reasonable effort to fulfil her contractual obligations as soon as possible.
9.3 If continuation proves to be impossible, the agreement shall be reviewed or terminated by mutual consent.
9.4 In the event of cancellation by the Photographer, she will arrange a new date as soon as possible in consultation with the Client. If scheduling a new date is not feasible (e.g., a wedding), the Photographer shall either provide a substitute or offer an appropriate compensation.
Article 10 - Photoshoot and photographs
10.1 The photoshoot shall always take place at the location(s) mutually agreed upon by the Parties.
10.2 Upon completion of the photoshoot, the Photographer shall edit the photographs in accordance with her personal style. No party other than the Photographer is permitted to further edit or modify the photographs.
10.3 The Photographer shall make reasonable efforts to deliver the edited photographs as soon as possible. The stated delivery time is purely indicative and does not constitute any binding guarantee. The obligation undertaken by the Photographer is one of best efforts, not result.
10.4 The photographs and other content shall be delivered via an online gallery to the e-mail address provided by the Client. The number of downloadable photographs depends on the selected service package. Photographs are by default delivered in digital format, JPG. Any additional or exceptional requests by the Client shall be considered extra work and invoiced separately at an hourly rate of EUR 50.00 (excl. VAT), with a minimum charge of EUR 50.00 (excl. VAT).
10.5 Photographs that did not make the final selection and unedited/raw images will never be delivered to the Client.
Article 11 - Liability
11.1 The Photographer shall not be held liable for any damage incurred by the Client, unless such damage results from intent or gross negligence on the part of the Photographer or her appointed representatives.
11.2 The Photographer shall not be held liable during or after the photoshoot for loss, theft, or damage of the Client’s personal property. Nor can the Photographer be held liable for any bodily or material harm sustained by the Client during the photoshoot, including but not limited to injuries resulting from falls or slips.
11.3 The Photographer cannot be held liable for any colour discrepancies when viewed on non-calibrated screens or in prints produced by third parties.
11.4 The Photographer shall not be liable for delays in the delivery of photographs.
11.5 Insofar as the Photographer is dependent on the cooperation, services, and supplies of third parties, she shall not be held liable in any way for any damage resulting from such third-party relationships or the termination thereof.
11.6 If the Photographer is deemed liable to pay compensation, the liability shall not exceed the invoiced amount. Any liability for other forms of damage is excluded, including but not limited to indirect damage, consequential loss, or loss of turnover or profit.
11.7 If the Client causes any damage to the Photographer’s equipment during the photoshoot, the Client shall be liable to compensate the actual replacement value of the damaged equipment.
Article 12 - Right of Withdrawal
12.1 In accordance with Article VI.47 of the Belgian Code of Economic Law, the Consumer has a right of withdrawal. The Consumer may withdraw from the agreement within fourteen (14) calendar days following the date of conclusion of the contract, without being required to pay any compensation or provide a reason for doing so.
12.2 The Photographer may request feedback from the Client, which the Client may voluntarily provide. This allows the Photographer to improve her services.
12.3 The Client does not have a right of withdrawal in the following cases:
· service contracts after the full performance of the service, if the performance has begun with the Consumer’s express prior consent and provided the Consumer has acknowledged that he/she loses the right of withdrawal once the contract has been fully performed by the service provider;
· the supply of goods made to the Consumer’s specifications or clearly intended for a specific person;
· the supply of digital content not supplied on a tangible medium, if the performance has begun with the Consumer’s express prior consent and provided the Consumer has acknowledged that he/she thereby loses the right of withdrawal.
12.4 By accepting these General Terms and Conditions, the Client expressly waives the right of withdrawal in the event that the performance of the Assignment has already commenced or the digital content not supplied on a tangible medium has already been delivered within the fourteen (14) day withdrawal period. The Client hereby grants permission for the immediate performance of the agreement and acknowledges that this results in the loss of the right of withdrawal.
Article 13 - Modification or termination of the agreement
13.1 The Assignment shall automatically terminate upon completion of the services.
13.2 The Photographer shall be entitled to terminate the agreement, in whole or in part, with immediate effect and without any obligation to pay damages, if the Client fails to fulfill or only partially fulfills the obligations under the agreement. The service provider can only perform her services properly if the Client complies with the contractual obligations.
13.3 In principle, the Client may not terminate the agreement prematurely, except in the cases referred to above or with the express consent of the service provider.
Article 14 - Intellectual property rights
14.1 All photographs and other content created by the Photographer are considered artistic works and are therefore subject to copyright protection. The intellectual property rights to the photographs or other content provided by the Photographer always remain vested in the Photographer. In other words, the Photographer remains the owner of the photographs or other content. These ownership rights are not transferred to the Client unless explicitly agreed otherwise in writing.
14.2 The Photographer grants the Client a limited license for personal use. The image material may be shared by the Client on his or her social media channels or website, on the condition that the following information is always clearly stated: ‘Copyright Ines Mataiche’ or ‘@ines.mtch’ or '@modestvisionfoto' (Instagram). For any other licensing rights, a written agreement is required, in which the price is determined based on the intended usage rights and to which separate conditions may apply.
14.3 The photographs may not be used by the Client for purposes other than those explicitly agreed upon in writing and may not be transferred to third parties. The Client is not permitted to resell the photographs or have them published by third parties unless the Photographer has given prior written consent.
14.4 The Client is not entitled to edit or modify the image material. These rights remain with the Photographer.
14.5 If the Client uses the image material in violation of these provisions, the Client shall be required to pay compensation equal to at least 100% of the standard licensing fee applicable in such a case, without prejudice to the Photographer’s right to claim actual damages (including the right to compensation for all direct and indirect damages and any legal or extrajudicial costs). Payment of such compensation does not grant the Client the right to further use the relevant image material.
14.6 The Photographer retains the right to use and publish the photographs she has created on all of her social media channels and on her website. In addition, the Photographer may use the image material for other promotional and publication purposes, including, but not limited to, portfolio use, advertisements, social media, contests, trade fair materials, business cards, and magazines.
14.7 Parties may deviate from the above by means of a written agreement.
Article 15 - Data processing
15.1 In the context of the services provided, the Photographer acts as a ‘controller’ of the personal data received from the Client that are necessary to process and complete the Assignment. If the Client chooses not to provide this personal data, the Assignment will inevitably be cancelled. The provision of false or incorrect personal data shall be considered a breach of these General Terms and Conditions of the Photographer.
Article 16 - Final provisions
16.1 The Parties are obligated to maintain the confidentiality of all confidential information obtained from the other Party in the context of this agreement.
16.2 No one may transfer their rights and/or obligations arising from these general terms and conditions or from the agreements to a third party without the prior consent of the other Party.
16.3 If any provision of these terms and conditions is found to be wholly or partially contrary to a statutory provision and therefore null and void, the remainder of these General Terms and Conditions shall remain fully in force. If necessary, the Parties shall agree on a new provision that aligns with the purpose of the null and void provision.
16.4 This agreement is governed by Belgian law. Any dispute concerning the interpretation or execution of this agreement shall fall under the exclusive jurisdiction of the courts where the registered office of the Photographer is located.