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Promotion – Fotografie – Journalist – Webentwickler
Terms of Service
Information acc. §5TMG Operator: Thomas Götzrath Responsible for journalistic-editorial content acc. §55 II RstV: Thomas Götzrath
The deliveries, services and offers of the website operator Thomas Götzrath are made exclusively on the basis of these terms and conditions. These also apply to all future business relationships, even if this is not expressly agreed again. By an order or booking the buyer (customer) recognizes the
Terms and Conditions.
1. The website operator is the sole author of the photos taken (photographs).
2. The website owner is entitled to the copyright in the pictures in accordance with the German copyright law and international copyright (©).
3. The photographs produced by the website operator are only intended for the client’s own use.
4. If the website operator transfers rights of use to his works, only the simple right of use will be transferred – unless expressly agreed otherwise. A transfer of usage rights requires the special agreement.
5. The rights of use shall only be transferred to the website operator after full payment of the fee.
6. The customer of a picture i.S. § 60 UrhG has no right to reproduce and distribute the photograph, if the corresponding rights of use have not been transferred. § 60 UrhG is expressly rejected.
7. When using the photographs, the website operator, unless otherwise agreed, must be named as the author of the photo. A violation of the right to name entitles the website operator to compensation.
8. Picture credits: The image source proof – copyright notice according to § 13 UrhG and agency note according to the general terms and conditions – is always requested on the respective image in such a way that there can be no doubt about the identity of the author and the assignment to the respective contribution. Failed proof of image source: plus 100% of the fee (confirmed by case law).
9. The digital data remains with the website operator. A publication of the digital data to the client takes place only with a separate agreement.
10. The transfer of rights of use does not include the right to store and reproduce, unless this right has been expressly assigned.
11. The digitization, storage and duplication of the photographs of the website operator on data carriers of all kinds requires the prior written consent of the website operator.
3.) Remuneration, reservation of title
1. For the production of the photographs, a fee is calculated as hourly rate, daily rate or agreed flat rate; Additional costs (travel expenses, model fees, expenses, props, laboratory and material costs, studio rents, etc.) are to be borne by the client.
2. Due invoices are payable within 14 days without deduction. The client shall be in default if he does not pay due invoices within 30 (in words: thirty) days after receipt of an invoice or equivalent request for payment. The website operator reserves the right to delay at an earlier time by issuing a reminder after due date
3. Until the full payment of the purchase price, the delivered photographs remain the property of the website operator.
4. If the client has not given the website operator any explicit instructions with regard to the design of the photographs, complaints regarding the image concept as well as the artistic-technical design are excluded.
5. If the client wishes to make changes during or after the recording production, he has to bear the additional costs. The website operator retains the compensation claim for work already started.
1. For the infringement of obligations that are not directly related to essential contractual obligations, the website operator is liable for himself and his vicarious agents only in cases of intent and gross negligence. He is also liable for damages resulting from injury to life, limb or health as well as from the breach of essential contractual obligations which he or his vicarious agents have caused by culpable breaches of duty. For damage to photographic objects, templates, films, displays, layouts, negatives or data, the website operator is liable – unless otherwise agreed – only in case of intent and gross negligence.
2. The files are, unless otherwise agreed, max. 12 months for reordering.
3. The website operator is liable for light stability and durability of the photographs only within the warranty of the manufacturer of the photographic material.
4. The sending and return of films, pictures and templates are successful
5.) secondary duties
1. The client assures that he has the right of reproduction and distribution of all documents submitted to the website operator as well as the consent of the persons depicted for personal portraits to publication, copying and distribution. Compensation claims of third parties based on the violation of this obligation shall be borne by the customer.
2. The client undertakes to make the objects available in good time and to pick them up immediately after taking them. If the client does not collect the objects to be photographed after two working days at the latest, the website operator is entitled to charge storage costs, if necessary, or to outsource the objects at the cost of the client if his studio space is blocked. Transport and storage costs are borne by the client.
1. If the website operator leaves the client several pictures to choose from, the client has to return the unselected pictures within one week after receipt – if no longer agreed time – at his own expense and risk, or delete the digital data. For lost or damaged images, the photographer can, if he is not responsible for the loss or damage, demand payment.
2. If the website operator provides the client with pictures from his archive, the client must return the unselected pictures within one month of receipt by the client, the selected ones within one month of use. If the client is in default with the return, the website operator may charge a blocking fee of 1 (in words: one) per day and image, unless the client proves that damage has not occurred or is lower than the lump sum. In the event of loss or damage that excludes further use of the images, the website operator may claim damages. The damages shall amount to at least 1000 (in words: one thousand) Euro for each original and 400 (in words: four hundred) Euro for each duplicate, unless the client proves that damage has not occurred or is lower than the lump sum. The assertion of a higher damage remains reserved for the website operator.
3. If the time stipulated for the execution of the order is substantially exceeded for reasons for which the photographer is not responsible, the fee of the website operator will increase accordingly, provided that a flat rate was agreed. If a time fee has been agreed, the website operator will also receive the agreed hourly or daily rate for the waiting period, unless the client proves that the website operator suffered no damage. In the case of intent or negligence of the client, the website operator can also assert claims for damages.
4. Delivery dates for photographs are only binding if they have been expressly confirmed by the website operator. The website operator is liable for exceeding the deadline only in cases of intent and gross negligence.
5. Orders are processed by telephone consultation or by written order via FAX, e-mail or letter by the website operator Thomas Götzrath. With a normal dispatch of photos (letter / large letter) calculates the web site operator Thomas Götzrath 5.00 € forwarding expenses. If insured shipping is desired, the actual costs of Deutsche Post AG plus 3.00 € will be charged for packaging.
6. For foreign deliveries the website operator Thomas Götzrath calculates for postage and packaging according to weight and specific requirements. Foreign shipments only against advance payment. All contractual relationships with foreign customers are subject to German law. Jurisdiction – Steinfurt
7. Returns are only possible after prior agreement and for legitimate reasons within 8 days.
8. Complaints and obvious defects must be reported in writing within 8 days of receipt of the photographs / goods. Defective products shall be kept ready for inspection by the agent of the site operator Thomas Götzrath in the condition in which they were at the time of the discovery of the defect. A breach of the above obligations excludes any warranty claim against the website operator Thomas Götzrath. In case of justified complaint, we reserve the right, under exclusion of other warranty claims of the buyer, to exchange, to deliver a replacement or to issue a credit note. Claims for damages for impossibility of performance or for non-performance are excluded. Returns are to be released in principle. Unfree returned products will not be accepted.
9. The offers are non-binding. Buyers are aware that the products shipped by the seller may cause color, print and reproduction deviations. These do not entitle to warranty claims. The prices for inland shipping contain the legal value added tax. They are valid in addition to the prices quoted and the shipping costs.
10. The shipment is made by Deutsche Post AG. If the shipping becomes impossible through no fault of the website operator Thomas Götzrath or his agents, the risk passes with the notification of readiness for delivery to the customer.
11. In case of damaged consignment, outside or inside, the transport company is liable. If such a thing occurs, you should immediately obtain confirmation of the damage by the post office or forwarding agent and submit it to the website operator Thomas Götzrath. Further claims of the customer, in particular a claim for compensation for damages that did not arise on the delivery item itself, are excluded. For uninsured goods sent we assume no liability, insured
Shipping (package) only after agreement and expenses.
12. Until full payment, the photographs and photo products remain the property of the website operator Thomas Götzrath; Pledging or transfer by way of security is prohibited.
13. All photographs, photo products, fonts, layouts, logos and merchandising products are subject to German copyright law or worldwide copyright law (COPYRIGHT ©) .These rights are protected, the compliance is constantly checked and the violations are systematically tracked.The website operator Thomas Götzrath is All products sold are limited in accordance with the documentation enclosed with the delivery or the marking of the photographs and / or products.Any reprint or duplication for any purpose whatsoever constitutes a serious infringement COPYRIGHTS. In such cases, an immediate penalty of at least € 5,000.00 will be charged and further claims for damages are reserved.
14. Place of performance for delivery and payment Steinfurt.
15. Appointments or cancellations must be announced at least 72 hours before the start of the shoot. Otherwise, an amount of 70% of the price will be charged in the amount of the booked expenses.
Personal data required by the client for business transactions can be stored. The Photographer undertakes to treat all information made known to him as part of the order confidentially.
8.) Image processing
1. The processing of photographs of the photographer and their duplication and distribution, analog or digital, need of the photographer’s prior consent.
2. The client is obliged to digitally store and copy photos of the photographer in such a way that the name of the photographer is electronically linked with the image data.
3. The client is obliged to make this electronic link so that it remains in every type of data transmission, on every display on screens, in all types of projections, especially in any public display, and the photographer as the author of the images and clear is clearly identifiable.
4. The client assures that he is entitled to commission the photographer with the electronic processing of third-party photographs when he places such an order. He indemnifies the photographer against all claims of third parties based on the violation of this obligation.
9.) Use and distribution
1. The dissemination of images of the website operator on the Internet and on intranets, in online databases, in electronic archives, which are not intended solely for the internal use of the client, on floppy disk, CD-ROM or similar data media is only by special agreement between the photographer and the client.
2. The transfer of digital images on the Internet and in intranets and on data media and devices that are suitable for public display on screens or for the production of soft and hard copies, requires the prior written consent of the photographer.
3. The website operator is not obliged to issue data carriers, files and data to the client, unless this has been expressly agreed in writing.
5. If the client wishes the photographer to provide him with data media, files and data, this must be agreed upon and paid separately.
6. The files and data (photographs) may only be used or published for the respectively agreed purpose.
7. If the website operator has provided data carriers, files and data to the client, these may only be changed with the prior consent of the photographer.
8. The risk and costs of transporting data media, files and data online and offline lie with the client; The method of transmission can be determined by the contractor.
11.) Final provisions
1. Severability clause.
Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, this shall not affect the validity of the remainder of the rest. The invalid or unenforceable provisions shall be replaced by an effective and enforceable provision whose effect comes as close as possible to the economic objective pursued by the contractual partners with the ineffective or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete. §139 BGB does not apply.
2. The place of fulfillment for all obligations arising from the contractual relationship is the registered office of the photographer, if the contractual partner is not a consumer. If both contractual parties are merchants, legal persons under public law or a special fund under public law, the place of business of the photographer is the place of jurisdiction.