Terms of Service

Adrian Almasan | Fotograf

A-1090 Wien, Alserbachstraße 26/69

+43 660 18 10 004

office@adrianalmasan.com

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1 Applicability and scope of the general terms and conditions:

The following terms and conditions apply if the photographer is a private person as the client.
The photographer provides his services exclusively on the basis of the following general terms and conditions. By placing the order, the client acknowledges their applicability. Unless the photographer announces any change, these also apply to all future business relationships, even if they are not expressly referred to. Any general terms and conditions of the client are not part of the contract.
Should individual provisions of these general terms and conditions be ineffective, this does not affect the binding nature of the remaining provisions of the contracts concluded on the basis of them. An ineffective provision is to be replaced by an effective one that comes closest to its meaning and purpose.
Offers by the photographer are subject to change and non-binding.

2 Agreements on the obligations of the contracting parties

The client receives a password-protected dropbox link from the contractor within 2 weeks (unless otherwise agreed) after the order, which is processed by the photographer using electronic image processing. The password will be sent in a separate email.
A "reject" is always to be expected during a photo shoot (incorrectly exposed, blurred or out of focus). The photographer reserves the right to rate the total number of photos taken during the order and to make a preselection.
The photographer is only liable for intentional or grossly negligent loss of or damage to the photos and only limited to material costs and free repetition of the order. Recourse claims against the photographer in the sense of the PHG are excluded. The photographer is not liable for force majeure, lost profit, immaterial damage or damage resulting from incorrect or inaccurate information provided by the client. Shipments travel at the expense of the client. The warranty period is one hundred days. Claims for damages become statute-barred one hundred days after knowledge of the damage and the party causing the damage, but in any case after 10 years. The burden of proof is borne by the client.

3 Agreements on image rights

Commercial use of the photos or assignment of image rights to third parties requires written approval. Any change to the photo also requires written approval.
The representational recordings came from the Adrian Almasan company, which is considered to be the author. It is / are protected by copyright and may only be used with the express consent of the author. The present recordings are limited to the respectively agreed use and are stipulated in the contract.
All other rights to the recording (s) (in particular copyrights and ancillary copyrights) remain with the author. The following manufacturer's name / copyright notice [horizontally directly below the picture (s)] must be affixed with every publication: "© Author Adrian Almasan. The license is only valid once the agreed fee has been paid in full and the manufacturer's name / copyright notice has been correct If usage rights are granted for a limited time, the photographer will inform the company of the expiry of the usage rights no later than 14 days before the usage period expires. If the photographer does not inform the company about the expiry of the usage period, the company may take the photos up to 14 days after notification by the photographer free of charge. Upon notification by the photographer, the company can either extend the usage authorization for a further, identical long period of use against payment of a fixed fee to the photographer or refrain from further use. If the company does not agree within 14 days, so applies an identical long period of use as extended / further use is prohibited. In addition, the general terms and conditions recommended by the Advertising and Market Communication Association apply as agreed.
The photographer is entitled to unlimited, temporally and spatially unlimited use, storage and exploitation of the images, as well as to publish them for commercial purposes in modified and unchanged form in print or in digital form in any media (internet, newspaper, magazine, exhibitions), to sell or exhibit.

4 Additional approval of depicted persons / models

The photographer agrees with the client that any permits will be obtained from the guests, in particular if they are depicted for advertising purposes) The client indemnifies and holds harmless the contractor in this regard, in particular with regard to claims arising from the right to his own image as well with regard to usage claims according to § 1041 ABGB.

5 Early termination

The photographer is entitled to terminate the contract with immediate effect for important reasons. An important reason is to be assumed in particular if bankruptcy or settlement proceedings are opened against the client's assets or an application for opening such a procedure is rejected due to a lack of cost-covering assets or if the customer stops making payments or there are legitimate concerns about the creditworthiness of the Client s exist and he pays neither advance payments nor a suitable security at the request of the photographer, or if the execution of the service is impossible for reasons for which the client is responsible or is further delayed despite setting a 14-day grace period, or the client despite A written warning with a grace period of 14 days continues to violate essential obligations from the contract, such as the payment of a partial amount due or obligations to cooperate.

6 Service and Warranty

The photographer will carefully execute the order placed. He can also have the order carried out - in whole or in part - by third parties, but after consultation with the client. If the client does not make any written instructions, the photographer is free to decide how the order is to be carried out. This applies in particular to the image design, the selection of photo models, the location and the photographic means used. Deviations from earlier deliveries do not constitute a defect as such.
We are not liable for defects that can be traced back to incorrect or imprecise instructions from the client (§ 1168a ABGB). In any case, the photographer is only liable for intent and gross negligence.
The client bears the risk for all circumstances that are not the responsibility of the photographer, such as weather conditions during outdoor shots, timely provision of products and props, failure of models, travel hindrances, etc.
The photographer reserves the right - apart from those cases in which the client is legally entitled to conversion - to fulfill the warranty claim through improvement, replacement or price reduction, as he chooses. In this regard, the client must always prove that the defect already existed at the time of delivery. The goods must be examined immediately after delivery. Any defects found must also be reported to the photographer in writing immediately, but no later than 8 days after delivery, stating the type and scope of the defect. Hidden defects are to be reported immediately after their discovery. If a complaint is not made or not made in good time, the goods are deemed to have been approved. The assertion of warranty or claims for damages including consequential damages as well as the right to contest errors due to defects are excluded in these cases. The warranty period is 3 months.
We are not liable for insignificant defects. Differences in color when re-ordering are not considered to be a significant defect. Point 6.1 applies accordingly.
For fixed order dates, liability is only accepted if this has been expressly agreed in writing. In the event of any delivery delays, 6.1 applies accordingly.
Any usage permits by the photographer do not include the public performance of sound works in any media.

7 wages / fees:

In the absence of an express written agreement, the photographer is entitled to a wage (fee) according to his currently valid price lists or, otherwise, an appropriate fee.
The fee is also due for layout or presentation recordings as well as if there is no utilization or depends on the decision of a third party. In this case, no price reductions will be granted on the admission fee.
All material and other costs (props, products, models, travel expenses, accommodation expenses, make-up artists, etc.), even if they are procured by the photographer, are to be paid separately.
Changes requested by the client in the course of the work are at his expense.

Conceptual services (advice, layout, other graphic services, etc.) are not included in the admission fee. The same applies to an above-average organizational effort or such a meeting effort.
If the client refrains from carrying out the order for reasons within his sphere of influence, the photographer is entitled to the agreed fee in the absence of any other agreement. In the case of absolutely necessary changes of date (except weather, etc.), a fee corresponding to the time spent or reserved in vain and all ancillary costs must be paid.
The net fee is exclusive of sales tax at its respective statutory rate.
The client waives the option of offsetting.

8 license fee

Unless expressly agreed otherwise in writing, the photographer is entitled to a separate fee for the use of the work in the agreed or appropriate amount in the event of a license being granted.

9 payment

In the case of orders that comprise several units, the photographer is entitled to invoice each individual service after delivery.
In the event of default in payment by the client, the photographer is entitled to charge default interest at an annual rate of 5 percent above the base rate, irrespective of any claims for damages that exceed the amount.
Insofar as the delivered images become the property of the client, this will only happen once the recording fee has been paid in full, including ancillary costs. The assertion of the reservation of title does not constitute a withdrawal from the contract, unless this is expressly declared.

10 data protection

The client expressly agrees that the photographer can determine, store and use the data provided by him (name, address, e-mail, credit card data, data for bank transfers, telephone number) for the purpose of contract fulfillment and support as well as for his own advertising purposes processed. Furthermore, the client agrees that electronic mail will be sent to him for advertising purposes until further notice. The client takes note of the following data protection notice, unless a further notice has been received, and confirms that the photographer has thereby fulfilled the information obligations applicable to him:

The photographer, as the person responsible, processes the client's personal data as follows:

1. Purpose of data processing:
The photographer processes the personal data mentioned under point 2 for the execution of the concluded contract and / or the orders requested by the client or for the use of the images for the photographer's advertising purposes, as well as the further disclosed personal data for the photographer's own advertising purposes .

2. Processed data categories and legal basis for processing:
The photographer processes the personal data, namely name, address, telephone and fax numbers, email addresses, bank details and image data, in order to achieve the purposes mentioned under point 1.

3. Transmission of the client's personal data:
For the above-mentioned purposes, the personal data of the client, if this is the content of the contract, will be transmitted to the recipient to be named at the request of the contract partner, namely in particular third parties related to the contract, if this is the content of the contract, media, should a There is an agreement with the client and any third parties involved in the execution of the contract.

4. Storage period:
The personal data of the client will only be kept by the photographer for as long as this is reasonably deemed necessary to achieve the purposes mentioned under point 1 and as permitted under applicable law. The personal data of the contractual partner will be stored as long as there are statutory retention requirements or the limitation periods for potential legal claims have not yet expired.

The rights of the client in connection with personal data:

According to current law, the client is entitled, among other things

to check whether and which personal data the photographer has saved in order to receive copies of this data - with the exception of the photographs themselves
the correction, addition or deletion of his personal data. To request data that is incorrect or not processed in accordance with the law.
to require the photographer to restrict the processing of personal data - provided that the legal requirements are met.
to object to the processing of his personal data under certain circumstances or to revoke the consent previously given for the processing
To request data portability
to know the identity of third parties to whom the personal data is transmitted and
to lodge a complaint with the competent authority if the legal requirements are met

Contact details of the person responsible:

If the client has questions or concerns about the processing of his personal data, he can contact the photographer known to him by name and in writing.

How to contact the photographer:

Adrian Almasan
Wallgasse 30/1, 1060 Vienna
+43 660 18 10 004
office@adrianalmasan.com
More details in the data protection declaration

11 Use of images for advertising purposes by the photographer

Unless there is an express written agreement to the contrary, the photographer is entitled to use photographs produced by him to advertise his work. The client grants the photographer his express and irrevocable consent to the publication for advertising purposes and waives the assertion of any claims, in particular from the right to his own image according to § 78 UrhG and usage claims according to § 1041 ABGB.

The client gives his consent, taking into account the applicable data protection regulations, that his personal data and in particular the photographs produced are processed in the sense of a publication for advertising purposes of the photographer.

12 final provisions

Place of fulfillment and place of jurisdiction is the company headquarters of the photographer. In the event of a relocation, lawsuits can be brought to the old and new company headquarters.
Any recourse claims that the client or third parties direct against the photographer under the title of product liability within the meaning of the PHG are excluded, unless the person entitled to recourse can prove that the error was caused by the photographer and was at least grossly negligent. Otherwise, Austrian substantive law is applicable. The applicability of the UN sales law is excluded. The contract language is German.
These general terms and conditions apply analogously to film works or moving images produced by photographers to order, regardless of the process and technology used (film, video, etc.).
Verbal subsidiary agreements have not been made, changes to the contract must be made in writing. (Electronic transmission requires a scanned signature).
The place of fulfillment and jurisdiction is the photographer's company headquarters.
The agreements apply to all follow-up orders, unless otherwise agreed.