Terms & Conditions
1. By accessing and using Pieter Naessens Photography (ABN 62779541172) services and by accessing this website, you accept and agree to be bound by the terms and conditions. You shall be subject to any guidelines or rules applicable to Pieter Naessens Photography’s services, which may be modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms & Conditions.
For the purpose of this agreement “the client” shall where the context so admits include their respective assignees, sublicencees and successors in title.
“Photographs” means all photographic material furnished by Pieter Naessens whether transparencies, negatives, prints or any other type of physical or electronic material.
This content of this site is for informational purposes only. This site is not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and is not responsible or liable for any errors or omissions in that information. Pieter Naessens Photography is not liable for anything due to the use of this website.
The copyright for the photograph(s) is owned and retained by Pieter Naessens throughout the world. The client agrees that Pieter Naessens is the sole author of the photographs.
5. Licence to use photograph(s)
The licence shall be for the territory, time and use as agreed and shall come into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without Pieter Naessens’ express permission in writing.
4. Photographer’s promotional use
Where an exclusive licence is granted, Pieter Naessens will at al times retain the right to use the photograph(s) in any manner and in any part of the world for the purpose of advertising and promoting his work.
5. Ownership of materials
Title to all photograph(s) remains the property of Pieter Naessens. When the licence has expired the photograph(s) will be returned to Pieter Naessens.
6. No alteration
No alteration or manipulation of the photograph(s) may be made without the permission of Pieter Naessens.
7. Clients’ materials
The client accepts full responsibility for any materials that they supply for use in the photograph(s) and that the materials are adequately insured against loss, damage or liability.
Payment by the client will be required for the right to use the photograph(s) as provided within 14 days of the issue of the relevant invoice. Late payment fees will become applicable for any unpaid money after that time. Where the work is estimated to exceed AU$1500 a payment of 50% of the estimated total will need to be paid before the work commences.
Pieter Naessens shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the photograph(s) or other use by the client. The client shall indemnify Pieter Naessens against any claims and/or damages against him as a result of the clients use of the photograph(s).
10. Client approval
If the client is not present during the actual photography assignment then Pieter Naessens interpretation will have to be accepted by the client. Unless a rejection fee is agreed in advance then there is no right of rejection. Therefore, 100% of Pieter Naessens’s fees, charges and expenses will be charged on any reshoot requested by the client.
11. Post production and additional costs
Digital image alteration or “photoshop” work and/or providing the client with different size(s) of the same file will attract additional fees. Clients will be notified when costs will vary due to circumstances or additional expenses related to the assignment for which they engaged Pieter Naessens’ photography services. The client will then be given the opportunity whether to go ahead with the variation in costs or not.
12. Cancellation and Postponements
Once Pieter Naessens has been commissioned, the client is responsible for all expenses related to the commissioned assignment and incurred up to the time of cancellation. Pieter Naessens will be entitled to charge a fee for cancellation or postponement at his discretion.
13. Right to a credit
Pieter Naessens’ name will be printed in reasonable and visible proximity to all published reproductions of the photograph(s) unless agreed otherwise prior to the work commencing.
The photograph(s) are original works and Pieter Naessens will not archive copies of them unless specifically requested in writing prior to the work commencing. An archiving fee will be charged. Each photograph is unique and might not have an exact duplicate and may be impossible to replace or recreate.
15. Client confidentiality and privacy
Pieter Naessens will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography as may be reasonable necessary to enable him to carry out the work.
These terms shall not be varied except by agreement in writing.
These Terms & Conditions can be changed at any time and come into effect from the moment of changing them and apply to all clients. The Terms & Conditions are available at pieternaessens.com.au
18. Applicable Law
This agreement is governed by the Laws of Western Australia
Pieter Naessens – Photographer www.pieternaessens.com.au