General Terms and Conditions, as of: 01/25/2021

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§1 General provisions and applicability of the terms and conditions

The present contract is a work contract that was concluded between the contractor and the client, which includes the delivery of the photos or a cut video (depending on the order) within a defined period of time. Contracts are concluded exclusively on the basis of these General Terms and Conditions, unless a separate individual contractual regulation has been made. These general terms and conditions take precedence over any terms and conditions of the client or the agent. Videos are treated like images in this Agreement.

§2 Subject and conclusion of the contract

A contract is formed by signing an order form/offer or sending a declaration by email.

§3 General information on delivery

1. (1) The photographs (hereinafter referred to as images) or videos are generally delivered electronically in the resolution currently technically possible for the contractor.

2. (2) The delivery is deemed to have been made when the access data for the online album and the high-resolution images on the USB stick are provided, if this is stated in the offer.

3. (3) With the handover of the online album and the USB stick, the responsibility for the pictures and videos and the personal rights linked to the pictures/videos (e.g. right to one's own picture) is transferred to the client.

4. (4) Immediately after delivery of the data, the order is deemed to have been completed and entitled to invoicing.

5. If included in the photographic package/offer, the photographic works will be delivered as follows in addition to the digital form (high-resolution JPGs). In a wooden box containing a USB stick with the data and a Best Of as 10x15 prints. The photographer is responsible for the number of printed photos that are in the box.

6. The client is encouraged to save the data from the USB on their own devices (external hard drives, laptop, etc.) as soon as possible.

7. The wooden box will be sent to the customer by post (Österreichische Post AG). In the event of non-delivery by post, the contractor is not liable for this. The contractor will arrange for a new delivery to the client as soon as possible.

8. (5) Any shipping costs abroad will be invoiced separately and include the cost of packaging and shipping based on actual expenditure as reimbursement.​

§4 Copyright Provisions

1. The contractor is entitled to all copyrights and ancillary copyrights of the photo producer (§§ 1, 2 Para. 2, 73ff UrhG). After paying the agreed fee, the client receives the unrestricted, non-transferable right to use the delivered images.

2. The transfer of the photographic works against payment is only permitted by means of a separate agreement specified in the order or only with written consent. Free disclosure (particularly in the private sphere at family celebrations, weddings, etc.) is generally permitted.

3. In the event of publication, the photo manufacturer is entitled to request the manufacturer's designation (naming) or the copyright notice clearly and legibly directly next to the photo so that it can be clearly assigned.

4. Applicable to wedding photography orders: In the event of a commercial publication of the photos by the client or the client passing them on to third parties (service providers, etc.), the manufacturer's designation (naming) or the copyright notice © Ivory Rose Photography must be clearly assigned directly to the photograph and clearly legible.

5. If the client hands over the resulting photographic works to another service provider of the event, the latter must expressly request commercial publication of the images in advance and name the photographer whenever the photos are published.

6. The client expressly agrees that the contractor may publish, reproduce and use the photographs produced, in particular for reference purposes, without any restrictions in terms of time, content and location.

   1. However, the contractor will not use any photos from which it can be objectively assumed that they could have a negative effect on the person / people in the photos.

   2. The contractor will also not publish any photographic works in a defective sense for the client.

7. The client is obliged to inform the persons photographed or those persons who attend the event about the fact of the photographing according to the data protection law in accordance with §4 para. 4.

§5 Proprietary Rights, Archiving and Deletion

1. The property rights to the exposed film material (negatives, slides, etc.) are also due to the Contractor's copyright. The generally granted unrestricted right of use is unaffected.

2. For legal reasons, the contractor will store the delivered recordings digitally for at least 3 years.

3. In terms of data minimization of the GDPR (General Data Protection Regulation), the contractor is entitled to delete unused and undelivered recordings 2 months after the order date.

4. At the express request of the client, the data will be kept and stored longer. However, a guarantee for the availability of the data or liability for the non-availability of the data is excluded in any case.

§6 Claims of third parties

1. The client is responsible for obtaining any approval that may be required for objects (e.g. works of fine art, samples and models, trademarks, photo templates, etc.) or people (e.g. models, guests, etc.). He*she shall indemnify and hold the contractor harmless in this respect, in particular with regard to claims under §§ 78 UhrG, 1041 ABGB.

§7 Loss and Damage

1. In the event of loss of or damage to recordings made on commission, the contractor is only liable for intent and gross negligence, regardless of the legal title, not in the event of force majeure.

2. Liability is limited to your own fault. Any liability is limited to the cost of materials and the free repetition of the recordings (if and to the extent that this is possible).

3. The client is not entitled to any further claims; In particular, the contractor is not liable for any travel and subsistence expenses or for third-party costs (models, assistants, make-up artists and other recording staff) or for lost profits and consequential damage.

§8 Performance and Warranty

1. The contractor will carry out the order placed carefully. In the event of illness, she can also have the order carried out in whole or in part by third parties (other photographers or external service providers).

2. The contractor is booked for a specific period of time. This time will be noted accordingly in the offer. If there are subsequent changes to the schedule (or change to the start or end time), the contractor must be informed immediately so that this can be discussed and the photographer booked for a longer or shorter period.

3. Due to the artistic demands in photography and videography, we are free with regard to the way in which the order is carried out. This applies in particular to the image conception, the selection of the photo models, the location and the optical technical (photographic) means used. Deviations from earlier deliveries do not constitute a defect as such.

a. Wedding photography: The client ensures that the wedding party, the registrar or the pastor and the wedding decoration are placed in such a way that the view of the bridal couple is not restricted. We will follow church/venue policy for camera placement.

1. There is no liability for defects that are due to incorrect or inaccurate instructions from the client (§ 1168a ABGB). In any case, we are only liable for intent and gross negligence.

2. The client bears the risk for all circumstances that are not related to the person of the contractor, such as weather conditions for outdoor shots, timely provision of products and props, failure of models, travel hindrances, etc.

3. All complaints must be made in writing within 7 days of delivery at the latest, and all documents must be submitted. After this period has expired, the service is deemed to have been rendered in accordance with the order. The warranty period is two months.

4. In the event of a cancellation of a booked order (valid from the signing of the order/offer) - a wedding reportage, the following guidelines apply:

   1. Up to 8 weeks before the specified wedding date, an amount of 50% of the agreed order amount must be paid as a cancellation fee,

   2. 8 - 4 weeks before the wedding date 75%,

   3. 4 - 1 week before the wedding date 90%

   4. from 1 week to the day of the wedding 100% of the agreed price.

5. The deposit paid after signing the offer is non-refundable.

6. Any services provided by the contractor before the wedding date (inspection of the location, meetings with the client) are to be remunerated separately at 25 euros per hour, should the contract be canceled for whatever reason.

7. In the event of an absolutely necessary change of date on the part of the client (holiday ban, illness or pregnancy) and the postponement to a date on which the photographer does not have the capacity to photograph the order, a fee of 25% of the order offer corresponding to the time spent or reserved in vain and all additional costs must be paid.

8. If the order is canceled by the client due to force majeure, the contractor is not entitled to any further cancellation costs.

9. In the event of an absolutely necessary change of date on the part of the client (holiday ban, illness or pregnancy) to an appointment available for the photographer, the photographer is entitled to estimate a price increase for all booked services. This price increase is as follows:

1. 10% for the same year

   30% for the following year

1. In the event that the client changes the date that is not absolutely necessary to an appointment available to the photographer, the photographer is entitled to estimate a price increase for all booked services, which at the same time covers the reimbursement of costs for the cancellation of the actual appointment. This price increase is as follows:

   50% on the basic package

2. After written notification of the postponement of the order, the client is obliged to announce a new date for the order within one year. If this does not happen, we are entitled to issue a cancellation invoice for the lost order.

3. If the contractor is unable to keep an agreed appointment to fulfill the order due to important reasons such as force majeure, illness, car accident, pregnancy or family emergencies, the contractor is free to have the order fulfilled by third parties.

   1. If the order cannot be carried out on the agreed date, the client will be informed immediately after the reason has become known. A claim for damages in this case is excluded, an alternative date will be made available to the client.

   2. However, if the fulfillment of the order is an order with a defined, non-repeatable point in time, we will do everything possible to obtain an appropriate replacement. In the event of non-fulfillment of the planned order, compensation for damages is generally excluded. The client is not entitled to any further claims; In particular, we are not liable for any travel and accommodation expenses or for third-party costs (models, assistants, make-up artists and other recording staff) or for lost profits and any consequential damage. In the case of weddings in particular, however, we will do everything we can to find a suitable replacement.

4. The contractor is not liable for any damage caused by force majeure (theft of photographic equipment, traffic accident, ...).

5. The contractor is not liable for missing or impaired photos due to restrictions of the event location, including but not limited to access restrictions or bans on flashing and the like.

6. The contractor is booked exclusively as a professional photographer. Guests are allowed to take amateur photos as long as the contractor is not hindered in her work (e.g. by standing in front of or behind the professional photographer, and none of his arranged poses are photographed. The contractor is not liable for overexposed photos affected by the flash or lighting of other photo or video cameras.

7. Due to the nature of a wedding or event and the numerous events that occur in different locations, we will be moving, changing equipment and adjusting frequently throughout the day or for the duration of the assignment. A contact person on site will be made available to the contractor.

a. For weddings: It is the responsibility of the bridal couple or the "master of ceremonies" or the contact person on site to inform the contractor of the next important step, e.g. the beginning of the ceremony, the wedding dance, the cutting of the wedding cake, the throwing of the bridal bouquet, etc. The contractor photographs the groups in question, but is not responsible for the organization and composition of these. The contractor is happy to help with the compilation, but can only influence this to a limited extent due to ignorance of the family situations or often does not know the people.

After a full-day booking, the contractor is entitled to short breaks for meals and the fulfillment of natural needs. The catering is taken over by the client. The breaks will be carried out if possible and by arrangement with the client.

a. In any case, after a continuous activity exceeding 6 hours, the contractor is entitled to a continuous breather of 30 minutes, which will be integrated into the process and interrupted in the event of unforeseen events.

19. The contractor is booked on the basis of professional and artistic expertise and therefore reserves the right to edit the photos at her discretion. The selection of the delivered photos is the responsibility of the photographer. The clients are aware that all photographs produced are always subject to the artistic scope of the contractor. The client is familiar with the style of the contractor and thus expressly refrains from making complaints regarding the artistic freedom of design exercised by the contractor and the optical and technical means used.

20. The contractor cannot guarantee that everyone present at the celebration will actually be photographed. The contractor always endeavors to achieve this goal if this is actually desired by the client. No defect can be derived from any missing recordings of specific people. The contractor cannot guarantee specific images or scenes, so that in the event that certain sequences are expressly requested, this must be specifically discussed with the contractor and agreed separately.

§9 Fees, payment & Delivery

1. Based on the submission of the offer and its acceptance, the contractor is entitled to the agreed fee for its services.

2. If necessary, the contractor reserves the right to issue a down payment invoice of 360 euros after the order has been signed, which is due within 7 days of invoicing.

3. Unless otherwise expressly agreed in writing, the fee will be issued after delivery of the digital photos and is due for payment within 7 days of invoicing at the latest.

4. From the due date of the invoice, the contractor is entitled to charge reminder fees. The current amount of the fee per dunning letter is 12 euros including VAT.

5. In the event of default, interest and compound interest of 5% above the respective bank rate from the due date shall be deemed to have been agreed.

6. The delivery date of the photos or videos will be agreed individually with the client. a. In the case of weddings, the waiting time for the finalized photos is 4-5 weeks from the wedding date, although there is no legal entitlement to this.

7. All parking costs incurred during the order will be passed on to the client 1:1.

8. The client has to provide accommodation for the photographer, in the case of a long journey and a long contract duration. This is decided at the photographer's own discretion and discussed with the client before the offer is made.

9. After consultation with the client, the contractor will book accommodation herself and invoice it 1:1.

    

§10 Final Provisions

1. (1) Place of performance and place of jurisdiction is Vienna. In the event of a change of registered office, lawsuits can be filed at the old and at the new place of business.

2. (2) The Product Liability Act (PHG) is not applicable; In any case, liability for damage other than personal injury is excluded if the contractual partner is an entrepreneur. For the rest, Austrian law is applicable, which also takes precedence over international sales law.

3. (3) Indemnity and indemnification also include the costs of out-of-court legal defence.

4. (4) These general terms and conditions do not apply insofar as mandatory provisions of the KSchG conflict. Partial invalidity of individual provisions (of the contract) does not affect the validity of the remaining contractual provisions.

 

Data protection regulations, as of May 1st, 2018

The protection of your personal data is particularly important to us. We therefore process your data exclusively on the basis of the statutory provisions (GDPR, TKG 2003). In this data protection information we inform you about the most important aspects of data processing in the context of our business relationship or initiation.

We take organisational, contractual and technical security measures according to the state of the art to ensure that the provisions of data protection laws and the General Data Protection Regulation are complied with and to protect the data we manage against accidental or intentional manipulation, loss, destruction or access by unauthorized persons.

Use of Personal Data

We collect personally identifiable information such as names, addresses, email addresses, telephone numbers, etc. only if they are voluntarily provided by a user in order to receive information. Personal data will only be used by us. We only use your personal data to the extent necessary to respond to your inquiries, create offers and provide you with a better service that is consistent with these data protection principles. We reserve the right to use, retain, or disclose personal information as necessary to comply with any law, regulation, or legal requirement, to investigate customer complaints or possible violations of the law, to protect the integrity of the Sites, to respond to your requests, or to participate in a legal investigation.

 

contact with us

If you contact us by e-mail, the data you provide will be stored by us for the purpose of processing the request and in the event of follow-up questions. We do not pass on this data without your consent. Insofar as personal data (e.g. name, address or email) is collected on our website, this is always done on a voluntary basis as far as possible. We only use your data to the extent that it is necessary to answer the request. If a business relationship results from the request, this data will also be stored in accordance with the statutory provisions. If there is no business relationship, all personal data will be deleted or made anonymous after a period of one year.

We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible. It is expressly pointed out that communication by e-mail is not a secure method of communication due to the nature of e-mails!

 

Visiting our website / cookies

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Most of the cookies we use are so-called “session cookies”. They are automatically deleted after your visit. Other cookies remain stored on your end device until you delete them. These cookies enable us to recognize your browser on your next visit.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, accept cookies for certain cases or generally exclude them and activate the automatic deletion of cookies when the browser is closed. If cookies are deactivated, the functionality of this website may be restricted.

 

Responsible body in terms of data protection:

Polly Rola // Vorgartenstrasse 103/8, 1020 Vienna // Sophie Menegaldo // Franz Glaser Gasse 38, 1170 Vienna