Terms and Conditions MikeDeHigh Photo & Video
Article 1. Definitions
In these general terms and conditions, the following definitions apply:
- MikeDeHigh: sole proprietorship named MikeDeHigh, registered in the trade register under number 57205574, also user of these general conditions and contractor;
- Quotation: all offers and / or price lists of MikeDeHigh to (legal) persons with whom it is intended to enter into an agreement;
- Agreement: the commission agreement between MikeDeHigh and the Client;
- Assignment: the service or product that will be delivered by MikeDeHigh;
- Client: the (legal) person or persons with whom MikeDeHigh has concluded the agreement, also the acceptor of these general terms and conditions;
- Cancellation: termination or termination of the Agreement;
- Written: electronic communication such as e-mail, provided that the identity of the sender and the authenticity of the communication are sufficiently established. The burden of proof regarding receipt of electronic communication always lies with the Client;
- Use: multiply and / or make public within the meaning of the Dutch Copyright Act 1912;
- Aw .: Dutch Copyright Act 1912; and
- Work (s): a photo or a video production, as well as other recordings of sound, image and information carriers, made by MikeDeHigh.
Article 2. Applicability
- These general terms and conditions apply to all legal relationships between MikeDeHigh and the Client, as well as to all Offers, offers, activities, Assignments and Agreements, including follow-up assignments.
- Provisions or conditions set by the Client that deviate from, or do not occur in, these general terms and conditions are only binding for MikeDeHigh if and insofar as they have been explicitly accepted in writing by it.
- Only MikeDeHigh will count as a contractor for assignments that MikeDeHigh performs for its clients, even if a certain person connected to MikeDeHigh carries out a specific assignment. Articles 7: 404 and 7: 407 paragraph 2 of the Dutch Civil Code explicitly do not apply to the services provided by MikeDeHigh.
Article 3. Offer / Quotation
- MikeDeHigh makes an offer in the form of a Quote.
- A Quotation is free of obligation and the amounts mentioned therein apply until the deadline indicated in the offer, and failing that, no later than 30 days after the date of the sending of the Quotation by MikeDeHigh.
- Quotations in Quotations may be subject to changes due to (unforeseen) changes in the work or price increase of the supplies for the work activities. MikeDeHigh will inform Client of this as soon as possible.
- No costs are attached to a Quotation or an introductory meeting.
- In the Quotation the Assignment is briefly described: details of the authorized business / Client, purpose of the Assignment, use form, possible co-operation, extra material or contribution by the Client, possibly the final delivery period.
- A Quotation may contain concrete concept or creative proposals, these remain the property of MikeDeHigh and are protected against unlawful use on the basis of art. 6: 162 Civil Code.
- In the event of major changes to a first Quotation that lead to a new Quotation, additional costs will be charged (see Article 6).
- The prices in the Offers are exclusive of VAT and the total including VAT.
- Travel and accommodation costs (within the Netherlands) are automatically included in a 1-day event. Travel and accommodation expenses abroad are in consultation with the Client.
- The data, ideas, synopsis, proposed elaborations, diagrams, calculations, etc. provided by MikeDeHigh will remain the property of ‘MikeDeHigh’ and are, as far as applicable, protected by copyright. The client is not authorized to make these known to third parties.
Article 4. Acceptance of the offer
- The client must explicitly accept the offer in writing. If the Client fails to do so, but nevertheless agrees, or at least gives the impression that MikeDeHigh performs work within the framework of the Agreement, or in advance payment for production orders if stated in the Quotation, then the offer is deemed accepted.
- MikeDeHigh reserves the right to refuse an Assignment if, after acceptance, new information becomes available which makes the performance unacceptable to it.
- After acceptance, the Agreement can only be amended by mutual agreement. MikeDeHigh is in that case entitled to adjust the price due for the Agreement.
Article 5. Execution of the Assignment
- MikeDeHigh will execute the Assignment to the best of its knowledge and ability and in accordance with the requirements of good workmanship, in the style in which we usually work.
- MikeDeHigh makes an effort and will act to the best of its ability in the given and existing circumstances during the work. The client undertakes to make the conditions for MikeDeHigh as favorable as possible and, where necessary, to take measures, including, but not limited to, the instruction of other attendees.
- The Client will always provide MikeDeHigh with full cooperation, provide all useful and necessary information, or access to it, in time and provide the reasonably necessary facilities. If the information required for the execution of the Assignment has not been provided to MikeDeHigh in time and / or the reasonably required facilities have not been provided, it has the right to suspend the execution of the Agreement and / or the extra costs resulting from the delay to charge the Client.
- Photography and film are a matter of creativity and personal taste. Acceptance of the Assignment means that the Client agrees with the style used by MikeDeHigh. MikeDeHigh can apply a global image optimization to light, color, contrast and cropping, but is not obliged to do so. Extensive post-processing takes place only after consultation with MikeDeHigh and may entail extra costs.
- The Client is obliged to do everything that is reasonably necessary and desirable to enable the timely and correct execution of the Assignment.
Article 6. Interim change of the Assignment
There is an additional Assignment when an Assignment is changed after accepting the Assignment and this entails extra work for MikeDeHigh. A separate Offer will be made for this additional Assignment. Changes made to an already issued Assignment may result in the originally agreed delivery time being exceeded by MikeDeHigh. MikeDeHigh is entitled to charge the Client for the extra costs for changing the Assignment.
Article 7. Delivery
Unless expressly agreed otherwise in writing, the delivery time stated by MikeDeHigh is not a deadline. If this delivery time is exceeded, MikeDeHigh will only be in default after written notice of default with a reasonable term.
Article 8. Reimbursement and payment conditions
- If it is plausible that MikeDeHigh has incurred higher costs and / or performed additional work, which was reasonably necessary, MikeDeHigh will pass this on to the Client.
- The final reimbursement will be based on the work performed and the costs incurred on the basis of subsequent calculation with due observance of the agreed hourly rate and other customary prices.
- In principle, an invoice will be sent to the Client at the end of the Assignment for the execution of the Assignment. Invoices will also be invoiced if the Client does not use the delivered goods. In the case of large orders, invoicing takes place entirely or in parts in advance.
- Invoices must be paid within thirty days of the invoice date, failing which the Client will be in default without further notice of default and the Client will then owe the statutory interest with 2%. If the Client remains negligent to pay the transmitted invoice, MikeDeHigh is entitled to charge the extrajudicial collection costs that are estimated or 15% of the principal sum, with a minimum of € 40.00.
- Payment by the Client implies acknowledgment of the invoice’s due.
Article 9. Suspension and cancellation
- If an invoice is not paid within the payment term, MikeDeHigh can, after informing the Client, suspend all work for the Client until the amount of the invoice has been paid. MikeDeHigh accepts no liability for any damage that the Client suffers, which arises as a result of a suspension of the work as referred to here.
- If the Client does not provide the required information for the performance of the Assignment in time or fails to be (timely) present, while this is necessary for the performance of the Assignment, MikeDeHigh is entitled to suspend or terminate the Agreement.
- In the event of cancellations of Assignments that take place at a time that occurs before two weeks before the planned first work by MikeDeHigh, no reimbursement will be charged. In the event of cancellations shorter than two weeks before the planned first work by MikeDeHigh, she is entitled to a compensation of at least 20% of the offered amount for the part of the Assignment not executed. If for a certain day planned activities are moved within 48 hours before the start of these activities by or on behalf of the Client, MikeDeHigh is entitled to a compensation of at least 20% of the offered amount. If work has already been carried out (such as preparations or execution or possible reservations in connection with the Assignment), MikeDeHigh will charge a fee for this on the basis of the costs and / or hours already spent in relation to the total number of forecasted hours.
Article 10. Force majeure
Sometimes there is a case of force majeure on the part of MikeDeHigh, due to illness or death of a loved one, but also technical defects in material. That relieves MikeDeHigh of the obligation to comply with the agreed delivery term or its delivery obligation, without the Client being able to exercise any right to compensation of costs or damages. Of course, MikeDeHigh will immediately inform the Principal and will make every effort to arrange a replacement for comparable professionalism in that case. The Client has the obligation to remove and pay MikeDeHigh, if part of the Order has already been executed, the executed part of the Assignment, unless the executed part has no independent value.
Article 11. Liability and indemnity
- Any liability of MikeDeHigh shall be limited to the amount that the insurance company of MikeDeHigh pays in the relevant case, plus the amount of the deductible. If for whatever reason no payment is made by the insurer of MikeDeHigh, the liability of MikeDeHigh will be limited to the fee charged in the relevant case, with a maximum of EUR 10,000.
- Not eligible for compensation: a. Consequential loss. Consequential damages include interruption of stagnation, loss of production, lost profit, transport costs and travel and accommodation expenses. The client can insure himself against this damage if possible; b. oversight damage. Under supervision damage is understood, among other things, damage caused by or during the execution of the work to items being worked on or to items that are in the vicinity of the place where the work is being carried out. The Client can insure itself against this damage if desired; c. damage caused by intent or deliberate recklessness of assistants or non-executive subordinates of MikeDeHigh.
- MikeDeHigh is not liable for color deviations on non-calibrated screens or prints that have not been delivered by her.
- For every Assignment accepted by MikeDeHigh, there is an obligation of best effort. MikeDeHigh can never be held liable for results that have not been achieved.
- The Client must notify MikeDeHigh of any shortcoming in the performance of the Assignment in writing within 10 days after completion of the Assignment.
- The Client has the duty to check the services provided for inaccuracies and inaccuracies and accepts the liability that ensues. He indemnifies MikeDeHigh against any liability under current or future legislation, unless there is intent or gross negligence on the part of MikeDeHigh.
- The Client indemnifies MikeDeHigh against claims from third parties relating to intellectual property rights on materials or data provided by the Client that are used in the execution of the Assignment.
Article 12. Copyright
- Copyright and other intellectual property rights on all Works developed in the context of the Assignment rests with MikeDeHigh.
- Each Agreement includes the license described in this article with regard to the Work of MikeDeHigh, if not agreed otherwise. Nevertheless, as long as a Work has not yet been delivered or has not yet been paid in full, all rights remain exclusively with MikeDeHigh.
- MikeDeHigh gives permission for the use agreed in the Quote on delivery of Works in the sense of the Copyright Act. For every other application or other use of the delivered an additional Agreement must be concluded. This also applies to publication in any other medium than for which it was made according to the Assignment.
- MikeDeHigh reserves the right to use the Works for its own promotional purposes and publications, including, but not limited to, website and weblog, portfolio, advertisements, social media, magazine articles, in printed matter, exhibition material and demonstration material, in so far as the Client is not directly exposed to competition or can reasonably be expected to assume that the Client does not suffer any damage (for example, internal confidential images, etc.).
- The Client is not entitled to reproduce or publish the Work outside the domestic circle, unless otherwise agreed or arising from the Agreement.
- The Client is expressly not entitled to use or trade the Works for business or commercial purposes, at least for other purposes outside the domestic circle, without prior permission from MikeDeHigh.
- The Client is, unless otherwise agreed, not authorized to grant sublicenses to third parties, nor to transfer its own license.
- The Client must request permission in writing for the submission of Works for competitions and publications by third parties.
- The client must respect the personality rights of MikeDeHigh, including the obligation to name, as stated in article 25 Aw. to observe.
- Digital or analogous editing or modification of the delivered Works is not permitted without the prior written permission of MikeDeHigh.
- Any use of a work by MikeDeHigh that has not been agreed shall be regarded as a violation of MikeDeHigh’s copyright.
- ‘Use that has not been agreed’ does not only mean re-use without permission, but also mutilation and / or damage to the contribution, and publication without mentioning the name.
- In the event of infringement of the copyrights and / or personality rights of MikeDeHigh, it charges the usual license fee three times for such a case, for the compensation of the damage suffered.
- Compensation for damages does not entitle you to further use of MikeDeHigh’s work.
- In the event of a far-reaching change to the Work that has not been approved by MikeDeHigh, she may prohibit the use of her Work on the grounds of the Copyright Act.
- The Client guarantees to MikeDeHigh that no intellectual property rights of third parties oppose the execution of the Agreement by MikeDeHigh and that the Client will fully and completely has unrestricted permission from all rightholders to include parts on which intellectual property rights rest in the program material and by having MikeDeHigh recorded on sound, images or other information carriers. The Client will fully indemnify MikeDeHigh and all its affiliated parties and hold them harmless for any claim due to an infringement of the intellectual property right of MikeDeHigh.
Article 13. Portrait rights & GDPR
- By accepting these general terms and conditions, the Client / person portrayed will allow MikeDeHigh to use his / her photographs for his own promotional purposes and publications, including, but not limited to, website and weblog, portfolio, advertisements, social media, magazine articles. , in printed matter, exhibition material, unless otherwise agreed.
- Objection to publication of portraits must be made known in writing to MikeDeHigh prior to the Agreement.
- Deviating agreements will be recorded in writing.
- The client is responsible in the context of the GDPR legislation. MikeDeHigh advises the Client on this if desired.
Article 14. Confidentiality
MikeDeHigh undertakes to maintain confidentiality of all (private) data of the Client that it has received within the framework of the Assignment, of which it knows or reasonably suspects that these are confidential. This confidentiality also applies after the termination of the Assignment. Photos and / or video footage itself or parts of it can be used by MikeDeHigh for personal promotion, unless the photos and / or videos for the Client have an exclusive character such as for example with own online (video) programs of the Client or purely internal use.
Article 15. Changes to these general terms and conditions
- MikeDeHigh reserves the right to change or supplement these general terms and conditions.
- Changes will be communicated in time and in writing by MikeDeHigh to the Client.
- If the Client does not want to accept a proposed change, it can terminate the agreement until the date on which the new general terms and conditions take effect.
Article 16. Other provisions
- If a provision of the agreement and / or the general terms and conditions proves to be void or voidable, the remaining provisions and the agreement remain in force.
- Dutch law applies to all legal relationships between MikeDeHigh and the Client.
- The judge in the district of Rotterdam is exclusively authorized to take cognizance of any dispute between MikeDeHigh and the Client.