General Terms and Conditions
1. Validity of the terms and conditions
Offers, goods and services from JENS WILLEBRAND are effective solely under the directive of these terms and conditions, even in the absence of explicit agreement. These General Terms and Conditions (GTC) are valid within the scope of the operative business relationships ? also without explicit inclusion - and also for all future orders, offers, goods and services from JENS WILLEBRAND. Terms and conditions of the contracting body that are not in accordance with the following conditions shall not be acknowledged. Such divergences from the terms and conditions also shall not become part of the terms of the contract, if JENS WILLEBRAND has not explicitly objected to them.
2. Production orders
Cost estimates from JENS WILLEBRAND are non-binding. JENS WILLEBRAND shall notify of any cost increases, if they are expected to exceed the original total costs by more than 20%. The contracting body will only surrender such items and drafts to JENS WILLEBRAND, to the application of which he is authorized, and which are free of third party rights. The contracting body shall secure the picture author from compensation claims from third parties, which result from a breach of this obligation. If during order processing the services of a third party are called upon, or a contract is closed with a third party then JENS WILLEBRAND is authorised to incur the relevant liabilities on behalf of and for the account of the contracting body.
A fee shall be calculated for the services of JENS WILLEBRAND at an hourly rate, daily rate or an agreed upon all-inclusive price. The contracting body must bear additional expenses like travel costs, allowable expenses, model fees, requisites, styling, location rental, picture processing and data processing. All fees and additional expenses payable by the customer are net amounts plus value added tax at the current legal rates. Unless otherwise agreed upon the prices shall be as quoted by Studio JENS WILLEBRAND. If alterations during or after the production are so wished the contracting body must bear the resulting extra costs. If the time planned for the given work is substantially overrun, for reasons not induced by JENS WILLEBRAND, the agreed upon all-inclusive fee is therefore to be accordingly increased. If a time-based fee has been agreed upon, JENS WILLEBRAND shall receive the appropriate hourly and daily rate in relation to the lengthened production period. The fee shall be paid upon completion of production or delivery of the production data. If a commission is delivered in part, a part fee shall be paid upon delivery of the part accordingly. If the completion of a commission is extended over a longer period of time JENS WILLEBRAND can allocate the partial payments in accordance with the outlay of time and costs. The contracting body shall secure the rights of use to be transferred only when a complete payment of the fee and a refunding of additional expenses have been completed.
4. Copyright and transfer of rights of use
German copyright law shall protect pictures created by JENS WILLEBRAND. The contracting body secures the basic rights of use for the commissioned pictures in accordance with the contractually established purpose and scope. The transfer of rights of use beyond that (e.g. unlimited spatial, factual, temporal rights of use) requires an additional agreement. The rights of ownership shall not be transferred. JENS WILLEBRAND is the single author of pictures created by himself. Proposals and instructions from the contracting body or otherwise collaborative work during picture production do not justify a co-copyright. Upon completion of production JENS WILLEBRAND shall select the pictures that he shall present to the contracting body for selection. The rights of use will only be conceded to the pictures that the contracting body contractually accepts. Usage of the pictures shall fundamentally only be permissible in their original form. The photographs shall be reproduced as true to the original as possible. Any alteration or redesign requires the prior written consent of the picture author. The photographer requires to be named as author of his work upon its publication. The name of the picture author must be electronically linked with the picture data if the said picture has been digitally recorded or transferred. Existing entries in the meta-data must remain unaltered.
Only JENS WILLEBRAND can make the transfer of copyright covered rights of use to a third party. Opposing settlements require written consent. The photographer has the rights to unlimited use of his self-made products for his own advertising purposes.
5. Guarantee and liability
In the course of implementing the commission, JENS WILLEBRAND shall be committed to exercising the utmost of care. If the contracting body has not given JENS WILLEBRAND specific instructions with regard to the design of the photographs, it follows that reclamations with regard to the image conception as well as their artistic technical composition shall be excluded. Indemnity claims are only possible following an act of gross negligence or act with intent. Compensation for possible consequential damage shall be excluded. Objects surrendered for photographing shall be used with the utmost of care. The contracting body is obligated to cover the aforementioned against loss, theft and damage. JENS WILLEBRAND does not assume liability for the surrendered objects. JENS WILLEBRAND does not assume liability for the infringement of rights to persons or objects featured in the pictures, unless an appropriately signed release forms is presented. It rests with the customer to acquire rights of use for collections, museums, etc and the permission to publish beyond the photographic copyright. Notices of complaint from the contracting body must be written and be received by JENS WILLEBRAND at the latest six days after confirmed delivery. Upon expiration of this time limit the images shall be considered as accepted, contractually and without defect. JENS WILLEBRAND shall retouch or redeliver, according to his own selection and free of charge, the contractual product or parts thereof, which are unusable or whose usability is considerably impaired, due to circumstances arising within the warranty period, particularly errors in assured components or the lack in completion or production. If the commission shall not be executed for reasons not induced by JENS WILLEBRAND, a cancellation fee that is a 60 % sum of the agreed fee shall be charged. Shall an initiated commission remain uncompleted for reasons not induced by JENS WILLEBRAND, he shall be entitled to the complete fee. A commission is considered as initiated when the contractually due service has been commenced.
6. Place of fulfilment, jurisdiction
The Law of the Federal Republic of Germany shall apply as agreed upon, this also applies to deliveries abroad. Subsidiary agreements to the contracts or to these GTC shall only attain validity when in a written form. The possible nullity or invalidity of one or more clauses of these GTC does not affect the validity of the remaining clauses. The parties are bound to replace the invalid clauses with the appropriately formulated operative clause, which best matches the targeted regulation economically and judicially. Place of fulfilment and jurisdiction is Cologne.