Terms and conditions

These general terms and conditions take precedence over the client's general terms and conditions.

Article 1: Application

1.1 These general terms and conditions apply to all legal relationships between Bert Van Den Eeckhaut and the client. Giving an assignment and/or placing an order implies that the client fully and unreservedly agrees to these general terms and conditions. Any deviation from these general terms and conditions must be approved in advance in writing by the photographer.

Article 2: Definitions

2.1 Bertvde.be: Bert Van Den Eeckhaut, and/or agreed assistants: Bert Van Den Eeckhaut, Tolhuislaan 204 — 9000 Gent, Belgium — LT06 3250 0982 1321 7955.
2.2 The photographer: Bert Van Den Eeckhaut, hereinafter referred to as 'the photographer'.
2.3 The client: the natural or legal person who hires the services of the photographer to carry out a creation on their behalf.
2.4 A photoshoot, photo series, photography, photo albums, photo box, photo session, prints, production, product, website(s): the online or offline services, deliveries, work to which the agreement relates.
2.5 An extra: the natural or legal person with whom the client concluded an agreement to carry out a specific aspect of the work to be performed.

Article 3: Prices and Quotations

3.1 The prices applicable to the services provided by the photographer are those disclosed on the website (www.bertvde.be), (online) brochure, and/or in a quotation.
3.2 Prices can be changed at any time. The revised prices apply to all orders placed after the change has been implemented.
3.3 Quotations are entirely non-binding, unless explicitly stated otherwise.

Article 4: Agreement and Deposit

4.1 An order agreement between the photographer and the client regarding the delivery of photo and other visual materials is only established through the written confirmation by the photographer.
4.2 The agreement becomes definitive upon receipt of the deposit. This deposit amounts to 25% of the total invoice amount.
4.3 The agreement between the photographer and the client is established for a specific date or multiple dates.

Article 5: Expenses

5.1 The photographer is always entitled to request an advance payment for expenses from the client.
5.2 The client must provide a hotel stay, in addition to the service costs, for all weddings that start before 9 a.m. and/or end after 12 a.m.

Article 6: Number of Photos

6.1 If the photographer delivers a WeTransfer link, Dropbox folder, or Pixieset gallery of photos to the client as part of the assignment, the number of delivered photos depends on the nature of the assignment and the duration of the coverage.
6.2 Unless otherwise agreed, the digital delivery will contain approximately a minimum number of photos based on the type of shoot.

Article 7: Quality of Work

7.1 The photographer declares to produce quality shots according to their own standards and edit them in their own style.
7.2 The photographer has the right to execute anything not explicitly described in an assignment according to their own technical and creative judgment.

Article 8: Placing Orders

8.1 When placing an order, the client must provide accurate and exact information regarding the recipient of the order.
8.2 Any individual placing an order with a request to invoice it to a third party will be held jointly and severally liable for payment.

Article 9: Payments

9.1 The photographer's invoices are payable within 30 days from the invoice date, unless otherwise specified.
9.2 All amounts unpaid on the due date will automatically incur an interest of 1% per month on the outstanding amount.

Article 10: Delivery and Shipping

10.1 Image carriers are delivered at the premises where the photographer conducts their business.
10.2 The delivery date and place are determined in writing beforehand between the photographer and the client.

Article 11: Meals for the Photographer

11.1 For assignments lasting five (5) hours or more, a hot and/or fresh meal must be provided for the photographer.

Article 12: Liability

12.1 The services and performances provided by the photographer are always based on best efforts, but not guaranteed results.
12.2 The photographer must carry out corrections indicated in writing by the client, but is not liable for unmarked spelling, linguistic, or grammatical errors. Once the photographer has sent the order to the printer, the client cannot request any further corrections.
12.3 The photographer assumes no responsibility for color variations that may arise during the fulfilment of the assignment, such as due to the composition of the photographed objects or fluctuations in color temperature.
12.4 The photographer is not liable for color deviations on non-calibrated screens or prints not supplied by the photographer.
12.5 The photographer is also not responsible if a shoot is rejected by the client due to changes in the client's briefing, concept, or strategy, or due to the delivery of a defective product by the client. In such cases, the full fee and all costs are due. This also applies to any subsequent reshoots that are done independently of the rejected shots.
12.6 Changes communicated verbally are implemented at the client's risk.
12.7 The photographer is not liable for any direct or indirect damages incurred by the client, unless intentional or gross negligence is proven on the part of the photographer.
12.8 Except in cases of intent, the total liability of the photographer is limited to the invoice amount.
12.9 The photographer cannot be held responsible for physical or material damage caused by falls, slips, etc. of the other party during the photoshoot.
12.1 The photographer cannot be held responsible for the loss and/or damage of the client's property before, during, or after the photoshoot.
12.11 The photographer is not responsible for damage to or loss of the items necessary for carrying out an assignment. All clothing, collection pieces, and other accessories will be handled with care, but the photographer cannot be held responsible for damage or loss. If the value of the goods warrants it, the photographer can have the goods insured and is entitled to pass on the costs to the client.
12.12 The photographer is not liable for obtaining the agreement of copyright holders, neighbouring rights holders, image rights holders, trademark rights holders, whose works, performances, images, or trademarks are depicted on the material and are necessary for the use of the photo and other visual material, nor for paying the associated costs. These amounts are not included in the fee. In such cases, the client shall indemnify the photographer against any claims made by these rights holders against the photographer due to the exploitation of the photo and other visual material by the client.
12.13 The photographer's liability in producing shots is limited to their own involvement. Therefore, the photographer is not responsible for the behaviour, punctuality, or professional performance of any employee, model, actor, or extra, even if contacted by the photographer on behalf of the client.
12.14 The photographer is not responsible for any delay or cancellation of a production or shoot due to late delivery by the client or their subcontractor of a product or accessory, or due to the punctuality or incorrect behaviour of the latter.
12.15 The photographer is not liable for damage or loss caused by the development lab, a manufacturing defect, airport x-ray screening, etc. This list is not exhaustive. In all these cases, the photographer's fee is still fully payable. In the event that the photographer's liability is compromised, the damages owed by them cannot exceed the fee for that specific assignment.

Article 13: Postponement and Cancellation

13.1 In case of cancellation by the client, the full deposit will be charged, regardless of the reason or timing of the cancellation. The photographer may propose a new date without an additional charge.
13.2 The photographer reserves the right to terminate the present agreement immediately in the event of sexually harassing and inappropriate behaviour, among other actions, by the client. In this case, the photographer reserves the right to claim compensation in the amount of €1,300.

13.3 The client acknowledges that the photographer suffers damages in case the wedding is postponed. The client shall inform the photographer as soon as possible to mitigate the damages. In the case of postponement, a new contract must be drawn up. If the new date is available and the photographer can reschedule the original wedding date within a period of 1 year after the original wedding date, all amounts already paid by the client, including the deposit, will remain as credit. However, if the photographer cannot reschedule the original wedding date and is not available for the new date, the postponement will be treated as a cancellation, and the provisions of the 'cancellation' section in this agreement will apply. If the new date is not available and the photographer cannot reschedule the original wedding date, the deposit will not be refunded, but all other amounts paid by the client under this agreement will serve as credit for the new contract.

In case of cancellation up to 1 month before the agreed wedding date, an additional cancellation fee of 100% of the balance amount of the final invoice will be due.
In case of cancellation up to 3 months before the agreed wedding date, an additional cancellation fee of 50% of the balance amount of the final invoice will be due.
In case of cancellation up to 6 months before the agreed wedding date, an additional cancellation fee of 25% of the balance amount of the final invoice will be due.

13.4 A photoshoot can be canceled by the client free of charge up to 1 week before the scheduled date. In the event of cancellation 1 week or less before the session or if the client fails to appear, a cancellation fee of €250 will be charged.

Article 14: Force Majeure

14.1 In the event that the execution of the assignment is not achievable due to force majeure, the photographer is entitled to terminate the assignment. In this case, the other party is obligated to compensate the photographer for the work already performed. Under no circumstances is the photographer obliged to pay any compensation to the other party.
14.2 In case of force majeure, the photographer must promptly inform the other party. Upon receipt of this notification, the other party has 2 weeks to terminate the agreement. If the other party decides to terminate, they are obliged to compensate the photographer for the work already performed.
14.3 Force majeure includes, among other things: loss of the original digital files due to a crash, war, mobilisation, riots, atmospheric disturbances, floods, storm damage, disruption of train, water, air, or road traffic, lack of fuel, stagnation, restriction, or discontinuation of supply by public utility companies, fire, machine breakdown, and other production, creation, work, malfunctions, strikes, lockouts, government measures, non-deliveries of materials by third parties, and other unforeseeable circumstances at the time of the assignment and/or agreement that make the execution of the assignment and/or agreement impossible or of such influence that the other party cannot reasonably and equitably demand the fulfilment of the assignment and/or agreement. This enumeration is not exhaustive.
14.4 In the event that the photographer is unable to perform the agreement due to illness or accident, the photographer and the client will seek a suitable solution in mutual consultation. If possible and with the agreement of the client, the photographer will attempt to provide a replacement. In that case, the client will be considered to have a direct contract with the replacement and the photographer will no longer be liable for any (extra)contractual shortcomings by the replacement. If no replacement can be found, both parties can terminate the agreement free of charge. In this case, the photographer undertakes to refund the received deposit, but will not be liable to pay any compensation to the client.

Article 15: Complaints

15.1 If the client is not satisfied with the quality of the work, they can notify the photographer by email at: hello@bertvde.be.
15.2 All formal complaints regarding the provided services, orders, and/or invoices must be sent by the client, within 8 days after the execution or invoice date, by registered mail to the photographer. Any belated protest is inadmissible.

Article 16: Copyright – Right to Reproduction – Use of the Photos

16.1 The photographer retains the copyright to all works carried out for the client. The client acknowledges that they have no claim to the copyright of the photos and/or drawings, neither in analog nor in digital form.
16.2 The client, nor the model, have any exclusive rights to the captured images, the style, or the edits applied to the photos.
16.3 The client has the right to use and reproduce the works for personal purposes. The total invoice price includes the client's right to use and reproduce the works for personal purposes. Reproduction of any work for personal purposes by the client is only allowed in accordance with the provisions of Articles 21 and 22 of the Belgian Copyright Act. The right to use is personal and may not be transferred under any circumstances without written permission from the photographer.
16.4 Unless otherwise stipulated in writing and confirmed by the photographer in writing, the photographer's fee compensates for their time, experience, and relinquishment of reproduction rights solely for the expressly agreed exploitation method, form, purpose, and territorial scope, and for a duration of 1 year. In the absence of such provision in the agreement, the photographer has the right to object to the use of the photos until a written agreement is reached on these points. The client is responsible for the use of the photos and other visual materials by third parties.
16.5 The client undertakes to accompany any authorised exploitation of the photo and visual material, as well as any reproduction, with the mention ‘©bertvde.be.’
16.6 The client is prohibited from modifying the photos in any way. The client is required to have changes in color and similar adjustments carried out by the photographer. If such modifications are requested after the completion of the entire assignment, a new quotation will be provided.
16.7 The photographer retains full ownership of all photo and other visual materials delivered to the client, including requiring any reproduction to be accompanied by the mention ‘©bertvde.be,’ including ownership of the digital files, the cliché, matrices, and other media, even when temporarily made available to the client.
16.8 In case of failure to comply with the aforementioned name credit, the photographer is entitled to a compensation of at least 100% of the usual license fee applied by the photographer, without losing the right to claim compensation for any other damages suffered (including the right to compensation for all direct and indirect damages and all actual judicial and extrajudicial costs).
16.9 This clause pertains to all social media platforms, including but not limited to Facebook, Instagram, Twitter, and blogs. The photographer grants the client permission to share photos taken within the scope of this agreement on social media. The client may not modify, edit, or crop photos (except for required cropping on social media websites) without prior consent from the photographer. The client agrees to credit the photographer for each photo by tagging or mentioning the photographer's social media or website. All photos taken by the photographer for the client are for personal use unless both parties sign a separate agreement. Photos may not be used for business promotional purposes or on a professional platform without written permission from the photographer. The client agrees not to discredit, defame, or engage in any actions that could reasonably be believed to damage the personal and professional reputation of the photographer.

Article 17: Right of Portraiture

17.1 Visual material created by the photographer may be published at any time on the photographer's website, blog, or on social networking sites where the photographer is active. The photographer may also use the visual material for promotional purposes, including portfolios, advertisements, social media, magazine articles, printed materials, exhibition materials, etc. This list is not exhaustive. If the client or the model does not grant permission for this right, the photographer must be informed via email within 8 business days after the photoshoot.

Article 18: File Preservation

18.1 The photos taken by the photographer will be digitally preserved for a minimum of 100 days after the invoice date.
18.2 The photographer will not be liable to pay any compensation to the client in case of data loss due to force majeure.
18.3 The photographer advises the client to create a backup of the files on a computer, USB drive, or DVD. Upon receiving the files, the client assumes full responsibility for them. The photographer recommends making an immediate backup upon receipt of the files. Additional or new copies of the files cost €250.00 per set.

Article 19: Changes to Terms and Conditions

19.1 The photographer may modify these specific terms and conditions at any time. The contracting party should regularly review the applicable terms and conditions on the website — www.bertvde.be.

Article 20: Applicability

20.1 By not lodging a written protest within one week of these general terms and conditions, the user expressly agrees, to the exclusion of all others, and explicitly waives the right to rely on their own general terms and conditions.

Article 21: Applicable Law and Jurisdiction

21.1 These terms and conditions are subject to Belgian law. In case of disputes with customers who are not consumers, only the commercial court of the district of our registered office shall have jurisdiction, unless the law dictates otherwise. If the customer is a consumer, for proceedings initiated by the customer against us, only the magistrate's court of the canton or the courts of the district of our registered office shall have jurisdiction, unless the law dictates otherwise. For proceedings initiated by us, we may choose the competent judge of the defendant's residence, the judge of the place where the agreement was signed, or the judge of the place of delivery.