Terms and Conditions

We will always do our best to fulfil and, hopefully, even exceed your photography needs. As is the industry standard, all our photography is conditioned upon our general Terms and Conditions. Please kindly take a look.

1. DEFINITION

This Agreement is by and between 1cmFilm Photography ("Photographer") and [You] ("Client"). "1cmFilm" is a company registered at Kamer van Koophandel in Netherlands.

KvK number: 58431225

BTW number: NL388297001B01

"Image(s)" means all visual representations delivered to Client by Photographer, whether captured, delivered, or stored, in photographic, magnetic, optical, electronic, digital, analogue, or any other, media.

2. USAGE RIGHTS AND OWNERSHIP

Client acknowledges that Photographer is the author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). All Images and copyrights remain the exclusive property of Photographer without limitation. IMAGES ARE PROHIBITTED FROM ANY COMMERCIAL USE. To show recent work, some of images may be selected to appear on the 1cmFilm Photography website, blog & Facebook page. Permission will be asked before using images and if granted the images will only be used on these sites to show recent work.

3. INVOICE AND PAYMENT

After the session is performed, Photographer will send an invoice to Client at the same day. Client shall check that the invoice is accurate. If Client has not rejected the invoice in writing and returned it to the Photographer within 5 working days of its date, providing legally relevant reasons for doing so, then the invoice shall be deemed to be binding between the parties and Client loses any right to put in a claim.

Payment can be made by cash or bank transfer. For cash payment, Client shall pay at the scheduled session day. For bank transfer, payment shall be made within 10 working days after the session. Client shall pay the amount due to the Photographer without any reduction or claim to compensation, except for the deduction of any advance payments agreed between the parties and previously made to the Photographer.

If Photographer has not received the amount due within the period, Client is in breach and therefore liable for all judicial and extra-judicial costs incurred in seeking compensation for the same.

4. CANCELLATIONS AND POSTPONEMENTS

Once Client and Photographer have agreed to time(s) and date(s) for a photography session, Photographer will not accept other work from any other clients for that time(s) and date(s). Where Client postpones or cancels a session, or is unable to reschedule said session to a time and date agreeable to Photographer, Client will be responsible for payment of any and all expenses up to the time of postponement or cancellation, plus:

(a) 35% of Photographer's fees for postponement, or cancellation, less than twenty-four hours from the scheduled time, or

(b) 50% of Photographer's fees for postponement, or cancellation, after Photographer has departed for location.

If the same assignment is rescheduled for a later date, full fee and any additional expenses will be charged for the actual shooting. Any deposits paid on booking become non-refundable for cancellations or postponements made within seven days of photography date.

Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement. However, Photographer understands that life doesn't always happen as planned and consideration will be given in any such circumstance.

5. FAILURE TO PERFORM

If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfil his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.

6. ACHIVING DIGITAL FILES

While Photographer may choose to archive the Image(s), it is Client's responsibility to properly store and archive the Image(s) for the duration of the term of licence. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.

Disclaimer

This website is owned and operated by 1cmFilm Photography and its content providers. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images and software is owned by 1cmFilm Photography and its content providers.

All elements of this 1cmFilm Photography website, including, but not limited to, the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with 1cmFilm Photography, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its content and all related rights shall remain the exclusive property of 1cmFilm Photography or its licensors unless otherwise expressly agreed. You shall indemnify 1cmFilm Photography, its licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the content and related rights.