Olga Shalaeva, Photographer
Name: Olga Shalaeva
Registered Office/Address: Sazovická 507/18, 15521 Prague 5
ID No.: 10722025
Contact Information: Phone: +420 608 829 187
Email: [email protected]
Website: photo.gull808.win
Terms and Conditions for Photographic Services
1. Introductory Provisions
1.1. These Terms and Conditions (hereinafter referred to as the “Terms”) govern the mutual rights and obligations between the photographer Olga Shalaeva (hereinafter referred to as the “Photographer”) and a natural or legal person (hereinafter referred to as the “Client”) arising from the Contract for Photographic Services concluded between the Photographer and the Client, either via the Photographer’s website photo.gull808.win or by other means.
1.2. By submitting an order or concluding a contract with the Photographer, the Client confirms that they have become familiar with these Terms, agrees with them without reservation, and undertakes to abide by them.
1.3. The provisions of these Terms are an integral part of every contract concluded between the Photographer and the Client, unless the parties agree otherwise in writing.
2. Subject Matter of the Contract
2.1. The subject matter of the contract is the provision of photographic services by the Photographer to the Client to the extent and under the conditions agreed upon in the contract or order (hereinafter referred to as the “Order”).
2.2. The Photographer undertakes to execute the Order with professional care and in accordance with the agreed specifications.
2.3. The Client undertakes to pay the Photographer the agreed price for the provided photographic services.
3. Order and Conclusion of the Contract
3.1. The Client may send a non-binding inquiry to the Photographer via the contact form on the website, by email, or by phone.
3.2. Based on the inquiry, the Photographer will send the Client a price offer and a proposal for the date of the Order’s realization.
3.3. The contract between the Photographer and the Client is concluded upon written confirmation of the order by the Client (email suffices) and written confirmation of the acceptance of the order by the Photographer.
3.4. The Photographer reserves the right to refuse an order without giving a reason.
4. Price and Payment Terms
4.1. The price for photographic services is specified in the Photographer’s price offer and is agreed upon by agreement between the Photographer and the Client. Unless stated otherwise, prices include VAT.
4.2. The Client undertakes to pay the agreed price by the deadline and in the manner specified in the price offer or on the invoice.
4.3. The Photographer is entitled to request an advance payment for the execution of the Order. The amount of the advance payment and the deadline for its payment will be specified in the price offer or on the invoice.
4.4. In case of late payment, the Photographer is entitled to charge the Client a late payment interest rate specified by applicable legal regulations.
4.5. All costs associated with the execution of the Order (e.g., travel expenses, location rental, special equipment) that were not included in the price offer will be charged separately to the Client after prior agreement.
5. Execution of the Order and Delivery of Photographs
5.1. The date of the Order’s execution is agreed upon individually. The deadline is only indicative and may change due to reasons beyond the Photographer’s control (e.g., adverse weather, illness, technical problems).
5.2. The method of photograph delivery (e.g., online gallery, USB drive, print) will be agreed upon individually.
5.3. The Photographer undertakes to deliver to the Client only edited and selected photographs in the number agreed upon. Unselected and unedited photographs are not part of the Order.
5.4. The Photographer reserves the right to their own artistic interpretation of the Order and the final selection of photographs.
5.5. The Client is obliged to inspect the delivered photographs without undue delay and to file a written complaint regarding any defects with the Photographer no later than 7 days after their receipt. Later complaints will not be considered.
6. Copyright and License
6.1. The Copyright to the photographs taken by the Photographer belongs exclusively to the Photographer in accordance with the Copyright Act of the Czech Republic.
6.2. The Photographer grants the Client a non-exclusive and non-transferable license to use the delivered photographs for personal use, presentation on social media, or internal marketing purposes. The scope is limited by the number of photographs and the method of use agreed upon in the Order.
6.3. Any commercial use of the photographs by the Client that exceeds the scope of the granted license is only possible based on a prior written agreement with the Photographer and for an agreed fee.
6.4. The Client is not authorized to edit, modify, or interfere with the photographs (e.g., apply filters) in any way without the prior written consent of the Photographer.
6.5. When publishing the photographs, the Client is obliged to credit the Photographer, Olga Shalaeva, as the author of the photograph, unless the parties agree otherwise in writing.
7. Personal Data Protection (GDPR)
7.1. The Photographer processes the Client’s personal data in accordance with the General Data Protection Regulation (GDPR) and related legal regulations.
7.2. Detailed information on the processing of the Client’s personal data is provided in a separate document “Personal Data Protection Principles”, which is available on the Photographer’s website.
8. Withdrawal from the Contract
8.1. The Client is entitled to withdraw from the contract under the conditions stipulated by applicable legal regulations.
8.2. In the event of withdrawal from the contract by the Client after the Photographer has commenced the execution of the Order, the Photographer is entitled to demand payment of demonstrably incurred costs and a proportionate part of the agreed price for work already completed.
8.3. The Photographer is entitled to withdraw from the contract in case of gross breach of the Client’s obligations, especially in case of payment delay longer than 5 days or inappropriate behavior of the Client during the photoshoot.
9. Complaints
9.1. The Client is entitled to file a written complaint regarding defects in the provided photographic services without undue delay after discovering the defect, but no later than 7 days from the delivery of the photographs.
9.2. In the complaint, the Client is obliged to state a description of the defect and the requested method of remedy.
10. Final Provisions
10.1. These Terms and all legal relations arising therefrom are governed by the legal order of the Czech Republic.
10.2. The parties will endeavor to resolve any disputes amicably. If an amicable settlement is not reached, disputes will be resolved by the competent court of the Czech Republic.
10.3. If any provision is or becomes invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.
10.4. The Photographer is entitled to change these Terms at any time. Changes take effect on the date of their publication on the Photographer’s website. Contracts already concluded are governed by the Terms valid at the time of their conclusion.
10.5. These Terms shall become effective on April 15, 2024.