Article 1. Definitions
Copyright Act (Aw): Dutch Copyright Act 1912.
Media: The medium on which a photographic or videographic work is stored, such as a slide, negative, print, polaroid, CD-ROM, DVD, USB stick, or online copies on cloud, social media, or websites.
Service Provider: Charmaine Maat / Maine Captures, the user as referred to in Article 6:231(b) of the Dutch Civil Code.
Client: The counterparty as referred to in Article 6:231(c) of the Dutch Civil Code.
Quotation: All offers by the Service Provider to (legal) persons with the intent to establish an agreement.
Agreement: The assignment agreement between the Service Provider and the Client.
Cancellation: Termination or dissolution of the agreement.
Written: Electronic communication such as email, provided the identity of the sender and the authenticity of the communication are sufficiently established. The Client bears the burden of proof of receipt of electronic communication.
Use: Reproduction and/or publication as defined by the Dutch Copyright Act 1912.
Article 2. Scope
These General Terms and Conditions apply to all legal relationships between the Service Provider and the Client, including quotations, order confirmations, and oral or written agreements, even after termination of an agreement, unless otherwise explicitly agreed in writing.
Article 3. Quotation and Deposit
3.1. Quotations are non-binding, unless explicitly stated otherwise. The Service Provider reserves the right to revoke the offer within two working days after receiving acceptance. The quotation does not oblige the Service Provider to perform part of the service at a proportional price.
3.2. Upon agreement, the Client must pay 100% of the agreed amount in advance, no later than 14 days before the scheduled photoshoot or video session.
3.3. If the Client fails to pay on time, the Service Provider reserves the right to suspend performance, even if this leads to non-fulfillment of obligations.
3.4. In case of early termination of the agreement, the Client is not entitled to a refund unless the termination is reasonably attributable to the Service Provider.
3.5. Prices on the Service Provider’s website are exclusive of VAT.
Article 4. Invoice and Payment
4.1. The Service Provider will send a written invoice, unless agreed otherwise.
4.2. The standard payment term is 14 days from the invoice date.
4.3. Payments must be made in full, without deduction or offset unless previously agreed.
4.4. If payment is not received on time, the Service Provider may suspend all work until payment is received.
4.5. Media will only be delivered after payment is completed.
4.6. Late payments incur statutory interest plus 2%.
4.7. By agreeing to this contract and receiving the invoice, the Client also accepts the General Terms and Conditions.
Article 5. Cancellation and Suspension
5.1. If the Client fails to provide necessary information or is not present when required, the Service Provider may suspend or cancel the agreement in writing.
5.2. In case of cancellation by the Client, 25% of the total price is charged. If cancelled within 4 months of the wedding date, 35% is charged; within 1 month, 50%.
5.3. In case of force majeure, the Service Provider will try to find a replacement or agree on a new date.
5.4. If the shoot cannot take place due to justified reasons, a new date will be arranged in consultation.
5.5. If the new date falls in the next calendar year, new rates may apply.
5.6. If no new date is arranged, or the Client disagrees with the rate change, the contract is canceled under Article 5.2.
Article 6. Execution
6.1. The Service Provider will perform the assignment to the best of their ability and in their usual style.
6.2. The Client must ensure optimal conditions and instruct others as necessary.
6.3. Two rounds of feedback on video edits are included. Further edits are billed at €80 per round.
Article 7. Copyright
7.1. Copyright remains with the Service Provider. Files are for private use only unless written permission is given.
7.2. The Service Provider may use the work for promotional purposes unless otherwise agreed.
7.3. Commercial use requires prior written consent.
7.4. The Service Provider may license works to third parties for promotion.
7.5. Credit to the Service Provider must be included when publishing the work.
7.6. Editing the work without written permission is prohibited.
7.7. Copyright infringement is subject to a penalty of three times the standard license fee.
7.8. Compensation does not grant further usage rights.
7.9. Final products will be delivered in the agreed format. Raw or unedited files will not be provided.
Article 8. Gift Cards
8.1. Only personalized gift cards are offered.
8.2. Gift cards are non-refundable and not subject to withdrawal rights.
8.3. Gift cards are valid for one year from the date of issue.
Article 9. Liability
9.1. The Service Provider is not liable for damages unless due to gross negligence or intent, and then only up to the invoice amount or insured value.
9.2. The Service Provider is not liable for color discrepancies in non-calibrated displays or third-party prints.
9.3. The Service Provider is not liable for data loss or production delays due to equipment failure.
Article 10. Complaints
10.1. Complaints must be submitted in writing within 7 days of receiving the product or invoice.
10.2. Late complaints will not be processed.
10.3. Complaints do not suspend the Client’s payment obligation.
Article 11. Changes
11.1. The Service Provider may amend these terms.
11.2. Changes will be communicated in time and in writing.
11.3. If the Client does not accept the new terms, the contract may be terminated on the effective date of the changes.
Article 12. Miscellaneous
12.1. If any provision is invalid, the remainder remains in force.
12.2. Dutch law applies.
12.3. By replying in writing to the email with the terms, the Client agrees to the contract and services.
12.4. The Service Provider is not liable for delays caused by force majeure.
12.5. The Client must provide timely cooperation and information.
12.6. The Service Provider handles all personal data confidentially and according to privacy laws.
12.7. The Client grants permission to use the content for promotional purposes.