Exposar BV
Established at John M. Keynesplein 4, 1066 EP Amsterdam, The Netherlands.
Registered with the Chamber of Commerce under number 61200654.
These General Terms and Conditions outline the agreement between Exposar BV and its clients for the provision of services including product photography, model photography, , content creation, 3D scanning, styling, and post-production. The document covers definitions, applicability, offer formation, service delivery, cancellation policies, pricing, intellectual property rights, post-production responsibilities, liability, insurance, force majeure, termination, and dispute resolution.
1. Exposar BV: The provider of services, located at John M. Keynesplein 4, 1066 EP Amsterdam, The Netherlands, registered with the Chamber of Commerce under number 61200654.
2. Client: The individual or legal entity entering into an agreement with Exposar BV for the purchase of services.
3. Agreement: Any contractual arrangement between Exposar BV and the Client for the delivery of services, as outlined in a quotation or written confirmation.
4. Services: All services offered by Exposar BV, including but not limited to product photography, model photography, 3D scanning, content creation, styling, and post-production.
5. Production: The process of creating digital content, including but not limited to photos and 3D images, for the Client.
6. Intellectual Property Rights: All intellectual property rights, such as copyrights, trademarks, and other proprietary rights related to the delivered content.
7. Written Communication: Any communication by email, post, or any other digital medium that provides a verifiable written record.
8. Model Release: Written consent from a model permitting the use of their images by Exposar BV.
1. These terms and conditions apply to all offers, quotations, agreements, and services provided by Exposar BV, unless explicitly agreed otherwise in writing.
2. Any deviations from these terms are only valid if agreed upon in writing by both parties.
3. The applicability of any terms and conditions of the Client is expressly excluded unless agreed in writing.
1. All offers from Exposar BV are non-binding and valid for 14 days unless otherwise stated. Exposar BV reserves the right to amend or withdraw the offer if it is not accepted within the stated period.
2. An Agreement is established when the Client provides written or verbal acceptance of the offer made by Exposar BV.
3. Any changes to the Agreement are only valid if confirmed in writing by Exposar BV.
1. Exposar BV will perform its services to the best of its ability, in line with the agreed specifications and timelines.
2. Delivery of digital content will occur within the agreed timeframes unless unforeseen circumstances or force majeure occur.
3. Any additional requests from the Client that deviate from the original Agreement may result in additional costs and extended delivery times.
4. For urgent services, where deadlines cannot be met during regular working hours, Exposar BV reserves the right to charge a surcharge of 150% of the standard rates.
1. Product Photography: The Client must provide at least 48 hours notice in writing to cancel a shoot. If the cancelation is sent in less than 48 hours, 50% of the scheduled costs will be charged. If fewer items are provided than initially planned without notifying us at least 48 hours prior to the confirmed shoot date, the charge will still be based on the originally agreed quantity.
2. Model & Creative Photography: Cancellations for model shoots must be made at least 5 business days in advance. Cancellations between 5 and 1 business days before the shoot will result in a 50% charge. Cancellations within 24 hours will result in a 100% charge.
3. Any changes requested during the production or shoot will not be implemented. Every changes needs to be communicated 5 days prior the shoot date.
1. All prices are exclusive of VAT and other governmental levies unless otherwise stated.
2. Payment for non-contracted clients is due within 14 days of the invoice date. Contracted clients must adhere to the payment terms outlined in their Agreement.
3. Invoicing: For creative projects, we invoice the production day and preparation upfront, the post production and project management afterwards.
4. In the event of late payment, Exposar BV reserves the right to suspend or terminate services and withhold delivery of the content until full payment is received.
5. Late payments after 60 days will be automatically send to a debt collector which will in cure additional costs.
1. All intellectual property rights related to the content created by Exposar BV remain the property of Exposar BV, unless otherwise agreed in writing.
2. The Client is granted a non-exclusive right to use the content for the purposes outlined in the Agreement. Any use outside the agreed scope requires prior written consent from Exposar BV and may result in additional charges.
3. Exposar BV reserves the right to use the content for its promotional purposes, such as for portfolios, social media, or marketing, unless otherwise agreed in writing.
4. Model Release: All models/agencies involved in shoots must sign a model release form granting Exposar BV permission to use their images for commercial and promotional purposes.
1. Post-Production: Standard post-production includes image quality optimization, color correction, and necessary retouching to achieve a professional final product.
2. Additional Edits: Any requests for additional edits or adjustments that fall outside of standard post-production may incur additional charges. These will be agreed upon in advance.
3. Feedback Period: The Client has 5 working days following delivery to request corrections. After this period, additional corrections will be treated as new work and may incur additional costs.
*Color consistency is checked under controlled conditions. Disclaimer: Feedback on colors viewed under uncontrolled conditions, such as uncalibrated screens, is invalid.
1. Exposar BV is only liable for direct damage resulting from intent or gross negligence in the execution of the Agreement. Liability is limited to the amount invoiced for the specific assignment.
2. Exposar BV is not liable for indirect damage, including but not limited to loss of profits, data loss, or consequential damage.
3. Exposar BV is not responsible for the loss, theft, or damage of products provided by the Client for photo shoots.
4. The Client is responsible for ensuring that all items, including clothing and products, are clean, undamaged, and properly tagged with item codes and colors. Exposar BV reserves the right to refuse photographing items that are not in suitable condition.
5. The Client indemnifies Exposar BV against any claims from third parties relating to the execution of the Agreement, unless such claims are the result of intent or gross negligence by Exposar BV.
1. The Client is responsible for insuring all products and goods provided for the photo shoots, including during transport. Exposar BV is not liable for damage or loss occurring during transport or while the items are stored at the studio.
2. In the event of damage to items during the shoot, Exposar BV’s liability is limited to up to the amount invoiced for the relevant assignment.
1. Exposar BV is not liable for any failure to fulfill its obligations due to circumstances beyond its control (force majeure), including but not limited to natural disasters, pandemics, government regulations, technical failures, or strikes.
2. In the event of force majeure, Exposar BV will inform the Client as soon as possible, and the parties will discuss a new timeline or termination of the Agreement.
1. Either party may terminate the Agreement in writing, with a notice period of two (2) months, unless otherwise agreed.
2. If the Client terminates the Agreement early and the agreed volume of work has not been completed, Exposar BV reserves the right to charge 70% of the remaining balance.
3. If Exposar BV terminates the Agreement due to non-payment or non-compliance by the Client, Exposar BV may charge for all work completed and any damages incurred.
1. Exposar BV will store the produced images for a maximum of six (6) months after delivery. After this period, Exposar BV cannot guarantee the availability of the images unless otherwise agreed.
2. If the Client requires images after this period, Exposar BV may charge for the re-issuing or archiving of the files.
1. All Agreements between Exposar BV and the Client are governed by Dutch law.
2. Any disputes arising from these terms and conditions will first be resolved through mutual consultation. If no resolution is reached, disputes will be submitted to the competent court in Amsterdam.