Terms of Sales
You will find below the T&Cs that will accompany each of my quotes. These are standard conditions found with most professional photographers.
Modifications may be possible for certain very specific and out-of-the-ordinary services.
• Execution of the service:
Any approval delay that is too long will result in a delay in the delivery date. Any additional service requested during the execution of the initial service will give rise to invoicing even in the absence of an estimate.
Any dispute over the photographs delivered must be confirmed in writing and argued within 48 hours of delivery. Aesthetic and compositional criteria cannot be accepted as grounds for complaint and cannot justify the refusal of the work. In the event of the presence of the customer or his representative during the shooting or continuous validation by dematerialized sending of the files, no reason for refusal can be accepted.
• Transmission and supply of files:
Photographs are delivered as TIF, JPEG or similar type files, and are never transmitted as RAW files, editing files with layers, or other native file format. If the transmission of native files is absolutely necessary for technical reasons, it must be provided for prior to the signing of the quote and explicitly mentioned in it. In the event that a native file is transmitted to the client, the latter formally undertakes not to use it outside of the terms initially provided for.
• Assignment of rights:
The communication and use of photographs are subject to the provisions of the Intellectual Property Code. The distribution "basic print" means for a limited distribution without purchase of space (brochure, mailing, leaflet, technical file, etc.) Each use not provided for in this contract must be the subject of a new assignment, it being understood that an assignment of any right is unlawful.
The mention: © photo Pascal STINFLIN is mandatory each time the image is used. (Law N°92-597 of July 1, 1992).
The rights transferred on a flat-rate basis can only have a limited scope. Press and poster advertising rights are assessed on the basis of the scale (published in the Official Journal) for commissioned works in advertising. Also excluded are all uses on advertising or other objects. No assignment can be implied, if in doubt contact the author. According to the legislation, it is up to the broadcaster to verify that he indeed holds the broadcasting rights to the photographs he uses in a professional context.
• Responsibility :
The photographer cannot be held responsible for the objects entrusted to him for the duration of the shot. It will be up to the customer to take out any additional insurance required. The professional civil liability of the photographer is covered by his insurance, the reference of which appears at the top of the estimate or invoice.
The author does not provide (with some exceptions) any authorization from the persons photographed, the owners of movable and immovable property or even the authors of works presented on the photographs or their assignees and assigns. It is up to the customer, user of the photographs to obtain these authorizations.
The customer, having the choice of the editorial content to which he associates the images, refrains from any appeal in guarantee against the author, in any claim, recourse or action for damages or otherwise.
The photographer may exercise his right of withdrawal, without financial prejudice, in the event that the client takes the photo(s) out of the context initially intended, in particular if the visuals are used in an ideological, religious or political context. The client therefore undertakes to notify the author in advance in order to obtain authorization for publication.
• Reimbursement of expenses :
Costs still payable by the customer and in addition to the photographer's remuneration: Transport and accommodation of goods and people, remuneration of models and external contributors .
• Termination of the quote after acceptance confirmed by email, purchase order or any other means:
Cancellation by the Customer after validation of the quote gives rise to the payment to the Photographer of the following compensation:
If the cancellation is notified more than 4 working days before the scheduled start of the service (day on which design or preparation begins): 50% of the Price and all expenses and costs incurred, excluding duties.
If the cancellation is notified less than 4 working days before the start of the service: 100% of the Price and all expenses and costs incurred, excluding rights;
If the cancellation is notified after the start of the service: 100% of the Price, rights and all expenses and costs incurred.
If the service is not performed according to the planned schedule, the estimate will be considered terminated, in the absence of a schedule it is the deadline of the estimate that will be used to trigger the penalty and reimbursement of the remaining costs.
• Terms of payment :
Comply with the deadline indicated. This period can in no case be negotiated beyond 60 days net from the date of invoice. Reimbursements of costs are subject to separate invoicing payable in cash, within eight days from the date of invoice, regardless of the time allowed for the rest of the service. A deposit paid is never refundable and constitutes acceptance of the estimate without reservation.
Late payment penalties, 12% (doubled for reimbursement of costs) plus a fixed compensation of €40 for recovery costs. (according to decree n° 2012-1115 of 2/10/2012)
No discount granted for cash payment
VAT not applicable, article 293B of the CGI
• Tax and social environment specific to photographers:
The Author receiving artistic income under the BNC and exempt from withholding tax (Siren Form on request). An author's invoice is assimilated to a contract of transfer of rights. Its payment is worth acceptance of the conditions of diffusion.
After registering on the website www.artistes-auteurs.urssaf.fr, the customer (user ) is required to pay in addition, a contribution of 1.1% of the amount excluding tax of the artistic remuneration.
The signing of the general terms and conditions of sale entails for the customer the agreement to the photographer to possibly use one or more photos within the framework of his communication on his website or its presentation brochures. To oppose this possibility, it will be up to the customer to specify it at least by email at the time of the signature of the estimate, or in a handwritten way next to his signature.