General Terms and Conditions

General Provisions

The following General Terms and Conditions (hereinafter referred to as the CONDITIONS) are part of all contracts with Jan Blume (hereinafter referred to as the SERVICE PROVIDER). All offers, orders, deliveries and services are made only to the following CONDITIONS. The SERVICE PROVIDER provides to the client (hereinafter referred to as the CLIENT) services in the fields of photography, web development, search engine optimization and social media optimization, as well as other photography services and Internet services in general.

IMAGES within the meaning of these CONDITIONS are all photographic products made by the SERVICE PROVIDER, regardless of their technical form and medium in which they are present.

WEBSITES within the meaning of these CONDITIONS are all Internet presentations prepared or revised by the SERVICE PROVIDER, regardless of their technical form.

OPTIMIZATIONS within the meaning of these CONDITIONS are all adjustments made as well as methods and techniques used by the SERVICE PROVIDER which aim to increase the visibility of the CLIENTS WEBSITES in search engines or social media.

Copyright, Right of use and Spreading

The SERVICE PROVIDER shall have the copyright on the IMAGES and the WEBSITE designs created by the SERVICE PROVIDER under German copyright law.

The IMAGES and WEBSITES basically are determined only for the personal use of the CLIENT.

If the SERVICE PROVIDER transfers rights of use to his works, only the simple right of use is transferred - unless otherwise expressly agreed in writing. A transfer of rights of use requires special written agreement.

The rights of use are only transferred to the CLIENT after full payment of the service fee.

The CLIENT of IMAGES under the German copyright law has no rights of use to reproduce and distribute the IMAGES, if the respective rights of use have not been transferred.

Reproduction and spreading of processed versions of the IMAGES and the WEBSITE designs of the SERVICE PROVIDER on the Internet and on intranets is permitted only with prior written agreement between the SERVICE PROVIDER and the CLIENT.

If the SERIVCE PROVIDER has provided the CLIENT with digital IMAGES, these may be changed only with the prior written consent of the SERVICE PROVIDER. Slight improvements in contrast, color and brightness are allowed of course, and sometimes necessary. All other changes to IMAGES must be submitted to the SERVICE PROVIDER for approval prior to publication.

Attribution of the author

With the exploitation of the IMAGES, the SERVICE PROVIDER, unless otherwise agreed in writing, may require to be named as author and copyright holder of the IMAGE. A violation of the right of attribution entitles the SERVICE PROVIDER for compensation.

In particular, related to the use of IMAGES on the Internet or intranets, the name of the author and copyright holder requires to be stated either under the IMAGE or in the imprint. It is common practice, to place the link www.jan-blume.com directly to the IMAGE, or to another appropriate place on the website. This is a friendly courtesy of satisfied CLIENTS. The SERVICE PROVIDER may also place a link to the website of the CLIENT. Required entry is: Photo: Jan Blume

With WEBSITES, it is common practice to place a link to the website of the SERVICE PROVIDER www.jan-blume.com. This is a friendly courtesy of satisfied CLIENTS. The SERVICE PROVIDER may also place a link to the website of the CLIENT. There is no obligation for this.

The SERVICE PROVIDER often uses "Free Software". Some vendors of such "Free Software" require the attribution of the respective author and / or the placement of a link to his / her website. In this case, the SERVICES PROVIDED will place the respective Links on the ordered WEBSITES. Alternatively, in most cases it is possible to purchase commercial licenses from the vendor, which exempt from the attribution and the placement of a link.

If the CLIENT does not agree to place such links on the ordered WEBSITE, he / she is required to inform the SERIVCE PROVIDER about this in writing before placing the order. The CLIENT shall pay for such additional costs incurred by the acquisition of necessary licenses. If such licenses are not available for the "Free Software" used, the CLIENT shall pay the additional costs for the transfer of the WEBSITE to software with a respective license model.

Handing over of IMAGES or WEBSITES

After completion of the IMAGES or WEBSITES the SERVICE PROVIDER will hand them over to the CLIENT.

The CLIENT confirms the proper receipt in writing.

The original IMAGE will remain with the SERVICE PROVIDER. A delivery of the original IMAGES to the CLIENT will take place only with a separate written agreement. The SERVICE PROVIDER is not required to deliver the original IMAGES to the CLIENT if this was not agreed in writing. If the CLIENT wants the SERVICE PROVIDER to provide him / her with the original IMAGES, this must be agreed on in writing and must be paid for separately.

Compensation and Retention

For the production of the IMAGES or the WEBSITES as well as for carrying out the OPTIMIZATIONS, a fee in form of an hourly rate, a daily rate or an agreed fee plus VAT will be calculated. Incidental costs (including travel costs, model fees, expenses, requisites, laboratory and material costs, studio rentals, license fees) shall be paid by the CLIENT.

Overdue invoices are payable within 14 days. The CLIENT falls behind with, if he / she does not pay the overdue bills within 14 days after receipt of an invoice or an equivalent payment request. Until full payment the provided IMAGES or WEBSITES will remain property of the SERVICE PROVIDER.

The agreed rights of use to the resulting IMAGES and WEBSITED can be provided in full only after the payment of the fee or other agreed compensation. If the fee or the agreed compensation is not provided, the IMAGES or WEBSITES may not be used.

Complaints

If the CLIENT did not provide the SERVICE PROVIDE with specific instructions regarding the design of the IMAGES or WEBSITES, complaints regarding the artistic and technical design are excluded. If the CLIENT requires changes during or after shoot or creation, then the CLIENT shall pay the extra costs. If the CLIENT did not provide the SERVICE PROVIDER with specific instructions regarding the OPTIMIZATIONS, complaints regarding the design and implementation of changes are excluded. If the CLIENT requires changes during or after the implementation of changes, then the CLIENT shall pay the extra costs. Detailed orders with special needs (e.g. image processing, color, layout, keywords) will be accepted only in writing and must be expressed clearly.

The SERVICE PROVIDER shall execute any order to the best of his knowledge.

The SERVICE PROVIDER is not responsible for personal taste of the CLIENT. If not satisfied by IMAGES or WEBSITES any complaints except for clear technical errors are excluded.

Complaints regarding content, quality or condition of the IMAGES or WEBSITES must be reported in writing within two weeks upon delivery. Otherwise, the IMAGES or WEBSITES are recognized as received properly and in accordance with the contract.

The SERVICE PROVIDER is not responsible for the lasting success of the performed OPTIMIZATIONS, since for a variety of factors on the Internet the success may sustain damage after a short period of time.

Complaints regarding the quality of the OPTIMIZATIONS must be reported in writing immediately after completion. Otherwise, the OPTIMIZATIONS are recognized as carried out properly and in accordance with the contract.

Liability

For the breach of obligations that are not directly related to significant contractual obligations, the SERVICE PROVIDER shall be liable, for himself and his assistants, only in case of intent and gross negligence. For damage to objects, templates, films, displays, layouts, negatives or data the SERVICE PROVIDER shall be liable - if nothing else has been agreed to - only for gross negligence. The liability of the SERVICE PROVIDER however in each and any case is limited to the maximum of the value of the contract.

The SERVICE PROVIDER shall not responsible for the violation of rights of third parties. The CLIENT is responsible for the acquisition and the collection of rights of use and publication permits which exceed the copyright e.g. for persons or products shown or for corporate, brand and product names used. The CLIENT is responsible for the texts and the as well as for the connections resulting from the specific context in the publication. As of the date of delivery of the IMAGES or WEBSITE the CLIENT is responsible for its proper use. The SERVICE PROVIDER is not liable for damages caused by improper use of IMAGES or WEBSITES by the CLIENT after the handover.

The SERVICE PROVIDER is not liable for damage to the WEBSITES, which result from errors at the hosting provider of the CLIENT.

As of the delivery and acceptance of the WEBSITE the CUSTOMER himself / herself is responsible for the backup of the WEBSITES. The SERVICE PROVIDER is not liable for the loss of the WEBSITES.

Storage of IMAGES or WEBSITES

The SERVICE PROVIDER stores the original IMAGES or WEBSITES carefully. The SERVICE PROVIDER is entitled but not obliged to destroy the kept original IMAGES or WEBSTIES three years since the end of the contract. Before the destruction the SERVICE PROVIDER will notify the CLIENT and will offer him / her to purchase the negatives in the case of analog IMAGES. The price depends on the type of contract and business relationship and will be agreed separately. The SERVICE PROVIDER is liable for fade resistance and durability of the IMAGES only within the warranty of the manufacturer of the photographic material. Similarly, digital IMAGES and WEBSITES are stored. Due to the uncertainty of modern media and digital storage devices the SERVICE PROVIDER however shall not be liable for such a special case.

Final Provisions

Differing terms and conditions of the CLIENT are hereby rejected. Differing terms and conditions of the CLIENT shall not be valid unless approved in writing by the SERVICE PROVIDER. These CONDITIONS in the context of an ongoing business relationship apply notwithstanding the absence of any express reference to all future orders, offers, deliveries and services of the SERVICE PROVIDER, unless alternative arrangements are made expressly and in writing.

The invalidity or unenforceability of one or more provisions of these CONDITIONS shall not affect the validity of the remaining provisions. The parties agree to replace the invalid provision with a valid provision, which most adequately suits the desired economic and legal regulation.

The SERVICE PROVIDER is authorized to change these CONDITIONS with reasonable notice or supplement. The SERVICE PROVIDER will inform the CLIENT regarding the changes and the effective date of the change on time.

Should the customer not contradict the amended or supplemented conditions within two weeks after publication, the changed or amended terms take effect. Should the customer contradict in time, the SERVICE PROVIDER is entitled to terminate the contract on the date on which the amended or modified CONDITIONS will take effect.

The CONDITIONS are agreed upon if the CLIENT does not contradict these CONDITIONS immediately.

Place of fulfillment and legal venue is Kehl am Rhein. These CONDITIONS shall be subject to German law including in the case of deliveries to foreign destinations.

Translation of these General Terms and Conditions

This General Terms and Conditiosn have been created in German language and in accordance with the laws of the Federal Republic of Germany. The translations in English language, and French language are to provide a better understaning, however they do not have any legal meaning. The General Terms and Conditions in German language are authoritative.

Last update: October 1, 2010

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