Terms and Conditions
The following Terms and Conditions apply to all services and products supplied by Bart Rondeel (Photographer), under the trade name Bart Rondeel Photography. When booking a service and/or ordering a product, you (Client) agree with the following General Terms and Conditions. General Terms and Conditions of the Client are explicitly rejected. Any request for changes or exceptions to these General Terms and Conditions must be submitted in writing by the Client and confirmed in writing by the Photographer.
Offers are entirely without obligation, unless otherwise agreed between both parties. In the offer the service or product is described with accompanying prices and is valid for 7 days. If there is no agreement after these 7 days, the validity of the offer expires. The final invoice may deviate from the price stated in the quotation due to changes, additions, unexpected circumstances and extra costs as described in the General Terms and Conditions.
2. Contract, agreement, privacy statement and reservation confirmation
After agreement of the Client verbally or in writing, a contract will be drawn up in response to the services and/or products stated in the offer. In this contract the General Terms and Conditions are stated and also contain a general description of the service and/or the product. The contract will be digitally signed by the Client and Photographer and will be binding from that moment on.
Due to the new personal data law that has been effective as of 25/05/2018, a privacy statement will also be added that describes what happens to the photos and what the rights of the Client are.
On the basis of the contract and the service or product that has been ordered, a payment schedule will be set up that will be fulfilled by the Client. A deposit will be indicated in this payment schedule as the first payment. As soon as this deposit has been paid, the booking of the day of the assignment will be final and will be included in the agenda and remain reserved.
3. Changes to the quotation
Changes in the quotation before signing the contract can be made without limitation, without any costs or obligations attached to it.
Changes to the quotation after signing the contract can be made at any time, but only in the form of an upgrade or addition of a service or product. A reduction of the quotation is therefore not possible. This change must always be submitted in writing by the Client and must also be confirmed in writing by the Photographer. Because of regular price increases of the services and/or products of Bart Rondeel Photography, it is possible that prices of the change will be higher than on the date of the original offer.
The Photographer reserves the right to cancel the assignment if a change is so extreme that it is no longer workable for the Photographer. An example could be a change of location that deviates so much from what was agreed, so that travel time is no longer acceptable and other assignments of the Photographer will be at risk because of this.
4. Payment schedules and method of payment
Assignments (separate and as package):
Unless otherwise agreed in writing between Photographer and Client, the payment schedule for an assignment is as follows.
- 20% of the total amount of the original quotation as a deposit within 2 weeks after signing the contract.
- 50% of the remaining amount of the original offer 1 month before the date of the order.
- Other 50% of the remaining amount of the original offer 4 weeks after the date of the order.
- Exceptions topay more than the above mentioned percentages are possible.
- If the date of the assignment changes to a later date, the payment schedule won’t change.
- If the date of the assignment changes to an earlier date, the payments schedule changes according to the change of the date.
For single orders of products such as albums, cardsand prints the full amount will have to be paid before the product will be delivered.
If additional costs have been made by the Photographer thathave not yet been indicated in the invoices that have already been provided, a final invoice will follow in which these costs are described. Should the Client later decide to want to use an extra service or product, than the costs for this can also be included on this invoice.
Payments can be made by bank transfer or credit card.
Final photos will not be delivered until the complete invoice has been paid. See also article 13, 'delivery of photographic material' for more information.
For special dates such as public holidays there is a surcharge that will be described in the offer
6. Extra costs
If no lunch or dinner is provided by the Client when an assignment lasts 6 hours or longer, costs for the dinner will be added.
If applicable, parking fees will be charged to the Client and added to the final invoice.
The travel costs include 100 km in total for the journey to and from the Photographer from Haarlem. If this 100 km is exceeded, the Photographer will charge € 0.50 (excluding VAT) per kilometer.
7. Cancellation or change assignment date
In the event of cancellation on the part of the Client, all payments made up to the moment of cancellation will not be refunded. If the Client is late with payments and does not comply with the payment schedule, despite the cancellation, these costs that are open in the schedule will still have to be paid.
In the event of a change of the date of the assignment, the Photographer will do his best to cooperate in order to provide a suitable solution and to change the assignment to a different date.
If this is not possible, the Photographer will try to help with looking for another Photographer who will carry out the assignment under his/her own General Terms and Conditions. It may happen that the replacement photographer requests an extra fee for the services provided.
If no replacement photographer is available, the assignment is considered a cancellation and will be treated accordingly.
If the Photographer has to cancel the assignment due to unforeseen circumstances (for example illness or a death in the family), the Photographer's liability is limited to paying back the amounts already paid to the Photographer if no replacement can be arranged. The Photographer will immediately indicate when he has to cancel the assignment and will, to the best of his ability, help with finding a replacement Photographer for the relevant date of the assignment. All additional work including, for example, post-processing and making albums will also be taken over by the replacement Photographer. Here too, it may happen that the replacement photographer requests an extra fee for the services provided.
The Client must at all times provide all necessary permits for the assignment. This includes parking permits and permits to perform an assignment at certain locations. If this has not been done by the Client, the full responsibility for missing moments by the Photographer as a result of this, or the complete cancellation of an assignment, lies entirely with the Client.
The Photographer will always be able to advise on which location is chosen for an assignment, but the final decision will always lie with the Client. The Photographer reserves the right to refuse a location for safety reasons or because equipment cannot withstand the elements on the site.
The Client must take into account that some locations are dependent on the weather and that if they do not want to do an assignment in a certain weather type, they must have arranged an alternative location.
If the location incurs extra costs for the Photographer, these costs will also be passed on to the Client. Any parking or entrance fees to a location, will have to be arranged by the Client.
10. Unexpected problems
The photographer has several cameras, lenses, flashes and batteries for each assignment and always writes digital files in conjunction on two memory cards for a thorough spread of risk. The Photographer therefore does everything to keep the chance of technical defects as small as possible.
However, the Photographer is never liable for any damage and/or costs incurred by the Client in the event of technical defects. In case of force majeure, for example due to external causes such as fire or theft, all liability of the Photographer is excluded.
If the Photographer is delayed or unable to arrive on site due to unforeseen circumstances, such as an accident, extreme weather or car breakdown, the Photographer will do everything possible to resolve this as quickly as possible, possibly with alternative options, like arranging a replacement photographer. However, there is no guarantee that this will succeed at all times and the Photographer is not responsible for any damage caused to the Client by this type of unexpected problems.
11. During the assignment
For every assignment, the photographer will discuss with the client how course of the assignment will take place. Details can be discussed and the client can indicate which moments are very important and which type of photos they would really like to be taken.
The photographer does his best to record these moments, but if one or more of these moments is missed not photographed, for example by obstruction by other people, another priority, a technical defect or unfortunate coincidence, the photographer can not be held responsible for this.
It is the choice of the photographer that gives priority to what is photographed. The Photographer is always open to suggestions from the Client, or even other people during the assignment about what to photograph, but always reserves the right not to comply with these requests.
It is up to the Client to ensure that for planned photo shoots, enough time is given for preparation, taking pictures and placement of equipment. This also applies to matters such as travel time between moments of photography and the time that has been set aside for lunch or dinner. If this does not happen as agreed, it may occur that the Photographer can not meet the expectations that the Client has about the number and type of photographs that are taken.
12. Co-photographing and collaboration with videographers
In addition to the photographer, no other photographers will be hired by the client for the assignment in question. Other people have the permission to photograph, but without hindering the Photographer or copying his creativity during an assignment by 'co-photographing'.
If the Client has also hired a videographer, the Photographer will do his best to not hinder the videographer in his work. The same is expected of the videographer with regard to the Photographer. The aim is to achieve the best end result for both photos and video.
The Photographer reserves the right to take a third person as an assistant, trainee, or 2nd shooter. If otherwise discussed, this will not entail extra costs for the customer, except for possibly providing an extra dinner or lunch for this person.
13. Delivery of photographic material
For delivery of all types of photographic material, the Photographer makes the final decision about which photos are finally delivered and how these are processed, also when this is black and white. The Client must consider that it enters into the agreement in confidence and can count on the Photographer to always select the best work. It is the photographer's choice to, for whatever reason, not make some photographs available. It is also possible that the Photographer will make a color and black/white version available from the same photo. Both versions will in this case have to be seen by the Client as separate photographs.
With regard to post-processing, the Photographer determines the final style. Photos are processed in a professional way on a calibrated high resolution screen, always in the highest possible resolution and correct color reproduction. It is possible that the Client experiences the colors differently on the screens on which he/she views them on. This does not give the right to a new product, a refund of payment or another type of compensation. The Photographer will not be subject to any restrictions on his creativity by the Client. However, the Client can, only in consultation with the Photographer, indicate what style he would like to see in the final result. The Photographer will be open to this and take it into account, but always makes the final decision regarding the style of post-processing.
In general, RAW files will never be made available to the Client, unless otherwise agreed in writing. If there is an agreement that RAW files are delivered, the Photographer will not assume the responsibility of post-processng and the copyrights must be agreed on in a license agreement.
The number of photos that will be delivered depends on the number of hours that the Photographer is present during the assignment. For each package an indication is given of the number of photos that will eventually be delivered to the Client.
All photos will be delivered within 4 to 8 weeks from the date of the assignment. In order to be able to show the Client some results in short noctice, previews will be made available within the first week after the assignment. Which photographs these are will always be the choice of the Photographer, but the Client is always free to communicate his/her preference. The post-processing of the previews can be different than how the photo is finally delivered because there is less time for post-processing.
Other types of photography:
For all other types of photography, the delivery schedule of photos and previews will be discussed. It may be that in the case of photographs that must be available to the Client within 4 days after the assignment, the Photographer will charge additional costs as an 'urgent order'. This will always be discussed between Photographer and Client.
- The copyright of all photos taken by the photographer during the assignment in question is always owned by the Photographer.
- It is not allowed to adjust or modify the photos supplied, in any shape or form and to place them on the internet or to distribute them via other types of media, unless agreed otherwise in writing with the Photographer.
- The client has the right to make copies of the digital files for own use.
- The client is allowed to share the photos with watermark that are made available via the online gallery, on social media, provided it is stated at all times that the photos were taken by 'Bart Rondeel Photography', in addition to the mentioning of the website: ' '
- It is not allowed to send photos to a photo contest without written permission from the Photographer.
- The Client is allowed to share photos with watermark with third parties who have been involved with the event, for example the wedding location, car rental, make-up, or entertainment of the day. This is also only permitted if it is expressly stated that the photos were taken by 'Bart Rondeel Photography', in addition to mentioning the website: 'www.bartrondeel.com'
- The Client authorizes the Photographer to use the photographs taken for promotional purposes. For example, but not limited to, portfolio, social media, competitions, flyers and exhibitions. Details about this are all extensively described in the privacy statement.
- Bart Rondeel Photography remains the owner of the photos and it is therefore not allowed that the photo files are resold by the Client for commercial use without written permission from the Photographer. This can all be agreed on in a license agreement.
15. License agreement
All points mentioned under 'copyright' can be adjusted by setting up a license agreement between the Photographer and the Client. This agreement is valid per order or package and the resulting photos. The license will be entered into a separate agreement and describe the rights for publication and sharing with third parties in detail. The license agreement will be billed separately and the price for this will be completely dependent on the rights granted by the Photographer to the Client.
16. Delivery of files
It is up to the Client to immediately make backups of the photos supplied. Should the Client lose the photos 2 months after the delivery of the material and need a back-order, this request can be submitted in writing to the Photographer. It is possible that the Photographer may charge costs for having to deliver files again.
Bart Rondeel Photography offers the possibility to design and deliver physical products such as albums, prints and invitation cards. Costs for these products can already be included in a package or quotation. Or if they have been ordered aftwerwards, they will be billed separately. The products will only start the production process at the moment the invoice is paid by the Client.
For albums and invitations Bart Rondeel Photography will also take care of the design, costs for this are included in the price of the invitations and albums. Prices are valid for 3 months and may change when the printer company's prices are adjusted.
The client can indicate whether they pick up the products in Haarlem, or whether they want to receive them with a parcel service. Shipping costs are in this case for the Client. If the Client detects any defects in the products, this must be indicated within 2 days of receipt in order to take action. If the damage has been caused by the shipping company, the client will have to pick up this with the company and try to recover the amount of the product.
Colors of the ultimately delivered products can be different than the way in which the client views the images digitally. This is logical and occurs because different media show colors in different ways. This fact does not entitle the Client to a new product, a refund of payment or any other type of compensation.
If the Client does not give feedback on every product proof within 4 weeks, the production of the product will be stopped and no invoices already paid for the products will be refunded.
If the Client decides to call in another party to have photographs printed, Bart Rondeel Photography is not responsible for any incorrect color rendering of the printed work.
Bart Rondeel Photography will make a selection of photos and layout of the album in a first version and present this to the Client. The Client can give feedback here and on the basis of this feedback adjustments can be made to a 2nd version. This 2nd version is also assessed by the Client and after that there can even be made changes in a version 3. This will be the final version that will eventually be delivered. For adjustments that last longer than 2 hours per version, costs may be charged for additional work. If this is the case, this will always be communicated first before this is charged. Choice of material, number of photos, layouts, possible texts and extras will all be discussed between the Client and Photographer. However, to ensure consistent quality, only photographs of the Photographer will be allowed to be added to the album, unless otherwise agreed in writing between the Client and Photographer.
Once a final version of the album is agreed between both parties, it takes 4 to 6 weeks until the album is produced. Once production is ready, it can be picked up or sent via parcel delivery.
The albums are produced by an external party and as soon as received by the Photographer a quality check will be done to ensure that the album is in good condition. When defects or inaccuracies are discovered, the photographer will pick this up with the supplier and provide a new copy.
Invitations and custom cards:
There is also the possibility for the Client to design and print invitations, personal cards or menus by Bart Rondeel Photography. The design process will, just as with albums, go in 3 steps with version 3 being the final version that will be ordered. There are also several options for these cards and prices depend on the versions that are chosen. For adjustments that last longer than 2 hours per version, costs may be charged for additional work. If this is the case, this will always be communicated first before this is charged. As soon as there is an agreement, the same delivery time applies as albums from 4 to 6 weeks from the moment of final agreement between the Client and Photographer.
For ordering prints, the Client can select the photos in his online gallery that he would like to print. A choice can be made between different styles, materials and formats, each with their own price. Prints are also first subjected to a quality check before they are delivered. Delivery time from the moment of ordering is 4 weeks.
18. Online environment
Bart Rondeel Photography uses an online environment for Client (s) where they can find all important information about the service. Items such as personal data, the online gallery, the contract, questionnaires, etc. can all be found here.
The software used for this is partly in English and due to the fact that not everything in this software can be translated manually, some components will therefore also be presented in English. The client is aware of this and has sufficient knowledge of the English language to fully understand these parts. If this is not the case, then the Photographer is always willing to help with translating or explaining certain parts in the contract, website, online environment or agreement in general.
Complaints about the service or delivered production by Bart Rondeel Photography can always be submitted in writing via e-mail, email@example.com. Complaints will always be taken seriously and an attempt will always be made to come to a joint solution. However, the payment obligations of the Client do not simply expire due to a complaint.
20. Privacy and personal data
Due to the new law on personal data, the AVG (General Data Protection Regulation) that took effect on 25/05/2018, a separate privacy statement has been drawn up to comply with the new regulations. Separate permission is requested to be allowed to process, use and publish the personal data (in the case of publication, it is mainly the photographs themselves). See the privacy statement for more details.
21. Modification and explanation of general terms and conditions
Bart Rondeel Photography reserves the right to change or supplement its general terms and conditions. If these are adjusted, the Client will be notified as far as possible and as contact details still available.
The privacy statement below applies to all services and products supplied by Bart Rondeel (Photographer), under the trade name Bart Rondeel Photography. When booking a service and/orordering a product, you (the Client) will be asked for permission to process your personal data as described in the privacy statement below.
1. What personal data does Bart Rondeel Photography handle?
1.1 Contact- and identification data
This concerns data from the client and/or contact persons acting on behalf of the client. These details include name, address, place of residence, zip-code, e-mail address, (mobile) phone number (s), photos, date of birth and gender.
1.2 Online account data
These are the login details for the online account of the client and/or contact persons at Bart Rondeel Photography.
1.3 Financial data
This concerns data that is necessary or mandatory for establishing a financial transaction. This includes things like a bank account number, fixed internet accounts (such as a Paypall account), credit card details, other (cash, check or digital) payment options and for additional information such as VAT registration number.
1.4 The content of the communication.
This may include, for example, telephone contact, the exchange of e-mails, personal meetings and the exchange of messages via social media between the Client and Photographer.
1.5 Photos and videos
Images and moving images where people are recognizable are seen as personal data.
2. What does Bart Rondeel Photography do with the personal data?
Bart Rondeel Photography processes personal data in two different forms, each of which can serve a separate purpose. It concerns the following 2:
- Written personal information:
This only concerns data that relates in writing to the Client or contact person. Everything described in article 1.1 up to and including 1.4
- Photos, imagesand videos where people are recognizable:
As described in article 1.5
The following 3 purposes for which the personal data is used are based on a legal basis. The most important basis, the consent of the person in question, is described in Article 6.
2.1 To execute the assignment
This concerns all personal data that the Photographer must process in order to execute the assignment correctly. This involves communication data such as e-mail addresses and telephone numbers, but also data to keep the financial administration up to date.
2.2 For the legitimate business interests
Bart Rondeel Photography will use personal data for marketing purposes and to improve services and products. These include, for example, e-mails with questions about whether there is a need for a service, to inform a (potential) customer about products, services, or special promotions, or a request for a questionnaire with feedback on services and/or products to fill in. Photos and videos can be used for marketing purposes for Bart Rondeel Photography. This involves placing photos on a website, social media, participating in contests and showing visual material during a workshop.
2.3 To comply with legal obligations
Bart Rondeel Photography also processes the data to conduct an adequate business administration, to comply with legal requests from the courts or government and to comply with applicable laws and regulations.
3. Sharing personal data
3.1 Sharing written personal data
Written personal data will only be shared with third parties if this is necessary to execute the agreement. This may involve sharing contact information with another photographer, videographer, CRM software company or, for example, the transport company, which can ensure the delivery of products. In exceptional cases, when the Client does not pay bills, it can occur that written personal data is also shared with debt collection agencies. Bart Rondeel Photography will also have to make data available to government agencies to comply with legal obligations.
3.2 Sharing photos, images or videos
This will also involve executing the agreement and, in particular, dealing with companies and/or persons involved in the process of supplying a product. This also concerns, for example, transport companies, print companies and external editors that take care of editing a video. Marketing purposes as mentioned in article 2.2 also apply here.
4. Retention periods
4.1 Retention periods of written personal data
Written personal data will be kept permanently and until further notice in the context of the agreement because this information is inextricably linked to photos and video material with copyright.
4.2 Retention periods of photos, images and videos
This data will always be saved. First of all, in order to be able to comply with the service provided by the Photographer to always be able to deliver a product if a Client has lost it after a long time. In addition, the Photographer relies on the journalistic and artistic interest to preserve the work of Bart Rondeel Photography, which belongs to the Photographer in copyright, and to keep it archived. If the Client agrees with the privacy statement, the Client gives permission to Bart Rondeel Photography do to this.
5. Rights and responsibilities of the Client
5.1 Right to inspect, correct and delete personal data
Written personal data:
The client has the right to inspect, correct and delete personal data. If the Client so wishes, this must be notified in writing by e-mail. Bart Rondeel Photography will confirm your request in writing and indicate what the consequences are. If the written details are necessary for the performance of an agreement with the Client, Bart Rondeel Photography will first make this known and explain why it is not practical to delete the data and what the consequences may be.
5.2 Removing photos and images from persons other than the Client
Bart Rondeel Photography will at all times perform an assignment with due regard for journalism and artistic interest. However, it may happen that people, other than the Client, are photographed who prefer not to see these photos published. In this case, the Photographer requests that this person contacts Bart Rondeel Photography in writing as soon as possible via e-mail (firstname.lastname@example.org) and submits a request to remove or modify the material. Bart Rondeel Photography will always be happy to comply with this type of request.
5.3 Responsibility of the Client
6. Consent of the person concerned for processing personal data