Terms and Conditions Fotovrijmaken.nl

Molenstraat 12a
4881 CS Zundert
The Netherlands
tel:+31 (0)76-8501667
Chamber of Commerce, number 20141558 (Breda, The Netherlands)
VAT number NL199895855B01

Article 1.1

These terms and conditions form the basis on which Fotovrijmaken.nl provides graphic service for its clients, as shown on the website, in (e-)mail communication, and any other promotional means.

Article 1.2

Fotovrijmaken.nl maintains the right to alter or add information to these terms and condition at any given time at their own discretion. The new terms and conditions are operative from the moment they are published on the website.

Article 1.3

When a client agrees with the price estimate, they agree to the terms and conditions.

Article 1.4

By agreeing to the price estimate, the client agrees to be led exclusively by the terms and conditions as depicted here.

Article 1.5

Fotovrijmaken.nl aims to have correct and accurate information on its website. The owners maintain the right to alter the content and information on the website at any given time. All information on the website is offered in the factual state Fotovrijmaken.nl is in, without any (implicit) guarantee as to availability, soundness, suitability for any purpose, or otherwise.

Article 2.1

Definition of graphic service (partially, but not exclusively so):

Fotovrijmaken.nl always works in a non-destructive way, preserving the original specifications of the file(s). The service provided is added to the original file(s), unless the client and Fotovrijmaken.nl agreed otherwise.

Article 2.2

Fotovrijmaken.nl provides its service using the software and methods that are standard in graphic imaging.

Article 2.2.1

the client provides their graphic image(s) through the Fotovrijmaken.nl site. As a standard, Fotovrijmaken.nl accepts the following image formats: JPEG, PSD, TIFF, PDF. On the clients request, the following formats will also be accepted: Photoshop EPS, PNG-24, and RAW. For those images, there is a maximum image size of 100MB. Images will be edited according to the preferences specified in the client's application. A commission for Fotovrijmaken.nl consists of both the image(s) and the instructions in the application.

Article 2.2.2

Fotovrijmaken.nl automatically checks all incoming images, as well as the capacity to accept a (new) assignment. Fotovrijmaken.nl also checks the complexity. Subsequently, a price specification is emailed to the client, who is at that point still free of any obligations. If the client agrees to the specification, the assignment will be worked on.

Article 2.2.3

All processed images will be made available to the client after payment has been received.

Article 2.2.4

Fotovrijmaken.nl will keep the client informed by email on the progress of the assignment and will let the client know when the assignment is finished. The processed images can be downloaded through a link that will be provided by email.

Article 2.3

Fotovrijmaken.nl maintains the right to refuse any assignment without specifying why.

Article 2.4

It is not possible to abort an assignment. Once the client has agreed to the price specification, the processing of the assignment starts immediately.

Article 2.5

Delivery times shown on the site are target times. Fotovrijmaken.nl cannot be held responsible for any delay of which the cause lies beyond the power of Fotovrijmaken.nl. Fotovrijmaken.nl will inform the client of any delay as soon as possible. Payment will be owed to Fotovrijmaken.nl, even when Fotovrijmaken.nl cannot deliver the product according to agreements made about the delivery time.

Article 2.6

All prices mentioned on the website can be altered to compensate for rising expenses for Fotovrijmaken.nl – without offering reasons or announcement beforehand. Fotovrijmaken.nl will do everything in its power to inform clients of altered prices before clients place their order.

Article 2.7

Fotovrijmaken.nl aims to protect legitimate credit card owners and/or people using iDEAL and PayPal against fraud. Therefore, Fotovrijmaken.nl will always report fraud to the relevant authorities if it appears someone uses a method of payment without being entitled to use it.

Article 3.1

The client declares that all information provided to Fotovrijmaken.nl is correct. Fotovrijmaken.nl maintains the right to check this information before starting on the services or providing the client with the finished product.

Article 3.2

Fotovrijmaken.nl guarantees that all graphic assignments, not processed according to the specifications in the assignment, will be reprocessed to meet those specification according the terms of delivery. Should a product not meet the client's expectations, Fotovrijmaken.nl will redeliver the product free of charge if they agree with the client. This is the only way in which Fotovrijmaken.nl will meet the client; Fotovrijmaken.nl will not compensate clients in any other way. Fotovrijmaken.nl will only do so if the damage is caused by Fotovrijmaken.nl; no liability will be accepted if the damage has been caused any other way or when the damage was done despite strict compliance with the client's instructions.

Article 3.3

All demands of compensation as a result of defect or faulty files must be made known to Fotovrijmaken.nl by email or letter within 7 days of delivery. After this time period, Fotovrijmaken.nl assumes the client accepts the final product(s).

Article 3.4

Fotovrijmaken.nl does all within its power to keep the website accessible at all times. Yet, Fotovrijmaken.nl cannot guarantee that the website will run continuously and flawlessly. Fotovrijmaken.nl cannot be held responsible if the website does not function.

Article 3.5

Fotovrijmaken.nl declines any responsibility for any direct or indirect damage of any kind that results or is in any way connected to the website.

Article 3.6

The maximum of responsibility in correlation to a placed order is never higher than the value of the assignment or the price paid to Fotovrijmaken.nl in correlation tot the assignment. Nothing in these terms and conditions can be interpreted as an exception to the liability of Fotovrijmaken.nl, as formulated in article 3 onwards.

Article 3.7

The finished product, a processed file, will remain accessible for downloading by the client for 10 days from the day it was uploaded. Fotovrijmaken.nl cannot be held responsible for any cause that delays the download or makes downloading impossible. Specific examples are delays on the client's side in checking email or not noticing/receiving any notifications from Fotovrijmaken.nl as a result of spam filters.

Article 4.1

The client declares to be authorized to provide Fotovrijmaken.nl with assignments and the required graphic files. The client guarantees that processing, editing and/or reproduction of the graphic files accompanying their assignments will not infringe upon (intellectual) (property-)rights of others, is in violation of any legal regulation, public order, good manners, or any other rules of unwritten rights/regulations in social discourse. The client frees Fotovrijmaken.nl of any and all possible responsibility in these matters.

Article 4.2

The name Fotovrijmaken.nl is a registered trademark, belonging to business enterprise Arnouts. It cannot be used by other parties without previous written consent from the owning party. All other brand names used on the website are properties of their respective owners.

Article 4.3

Fotovrijmaken.nl will automatically hand over property right of the images to the client after payment has been received by the website and the final products are downloaded by the client. The rights remain with Fotovrijmaken.nl as long as payment has not taken place.

Article 5.1

When requesting a price specification, the client must register with their (business) name, address, e-mail address, and any other personal and/or business information that Fotovrijmaken.nl needs in order to complete the assignments properly.

Article 5.2

Fotovrijmaken.nl will solely use this information for correspondence, to offer support correlated to the assignment, and to communicate marketing purposes and newsletters concerning Fotovrijmaken.nl to the client. The client can unregister for this at any given time by sending an email to info@ Fotovrijmaken.nl

Article 5.3

All information provided to Fotovrijmaken.nl by the client will be treated confidential and be solely used for this business' own purposes. Fotovrijmaken.nl will not hand over or sell client information to third parties, with the exception of business related matters.

Article 6.1

The client is responsible for the security of their computer systems, hardware, software, and files; or the hardware, software, and files of third parties who have access to the client's computer systems. The client is also responsible for the fact that any material they upload to or download from the Fotovrijmaken.nl is free of viruses, worms, Trojans or any other malignant codes.

Article 6.2

Fotovrijmaken.nl will take adequate security measures to prevent unauthorised parties accessing data sent electronically from the client to Fotovrijmaken.nl or vice versa. Nevertheless, Fotovrijmaken.nl cannot guarantee unauthorized third-party-access and cannot be held accountable when this should occur. Subsequently, the client accepts the risk that unauthorized third parties can possible intercept or use any data they access.

Article 6.3

Fotovrijmaken.nl uses cookies to register users of its website and to personalise the website for these users. Fotovrijmaken.nl collects user data to make it possible to carry out its services and products.

Article 7.1

It is illegal to try and access, adjust, or use non-public parts of the computer system of Fotovrijmaken.nl, its suppliers and partners.

Article 7.2

One is forbidden to (try and) find, trace or examine the weak spots of the Fotovrijmaken.nl computer system and network, as is (trying to) by-pass the access codes and security measures of Fotovrijmaken.nl.

Article 7.3

One is forbidden to try to decode, decompile, or disassemble any part or the whole of the Fotovrijmaken.nl system.

Article 7.4

One is forbidden to interfere with the access codes of any and all clients, host, and network; including but not exclusively doing so by sending a virus, or overloading, flooding or spamming Fotovrijmaken.nl, or bombarding Fotovrijmaken.nl by e-mail.

Article 7.5

One is forbidden to pretend to be someone else or pretend to be connected to a business or organization when they are not.

Article 8.1

Both parties agree that all information of a confidential nature (including corporate secrets and information with a corporate interest) that one party discloses to the other, cannot be used by other party and is not to be disclosed to any third parties without previous written consent. This with the exception of information that is known as being public information.

Article 9.1

Fotovrijmaken.nl will not provide personal or business information to third parties without asking permission to do so beforehand. Information acquired by Fotovrijmaken.nl will only be used for its own promoting and marketing ends and for the execution of assignments.

Article 9.2

The rights and obligations as described in these terms and conditions are solely meant for the client and cannot be transferred to third parties.

Article 9.3

The nullification of any part of these terms and conditions in court will not affect the validity of the terms and conditions as a whole.

Article 9.4

Neither party can be held accountable for breaking the terms and conditions in case of circumstances beyond their control.

Article 9.5

Court decisions on any item of the terms and conditions do not grant one the right to apply these decisions on any future violations of the same item or any other item in the terms and conditions.

Article 9.6

Dutch law applies to all assignments that are made under these terms and conditions. The client agrees to accept the result of how authorized Dutch courts rule, should a lawsuit occur.

Article 9.7

In case of a dispute between a client and Fotovrijmaken.nl on whether a graphic image has been correctly processed or that it should be redone, Fotovrijmaken.nl will seek independent judgement from an expert to be appointed by Fotovrijmaken.nl. In case the expert decides the image has to be processed again, Fotovrijmaken.nl will do so free of charge. In case the expert decides the image has been processed correctly, the client's obligation to pay remains intact.