General Terms and Conditions

1. About STYN.be

As a photographer and videographer, I capture emotions and tell stories through images. My specialty: people and events. I am flexible, competent, and always willing to adapt my photographic mindset to meet your expectations. In addition to creating meaningful visuals, I also value clear agreements. To ensure our collaboration runs smoothly and professionally, I ask you to read these general terms and conditions carefully before we officially start working together.

2. Important Definitions

In these general terms and conditions, the terms listed below, when written with a capital letter, shall have the following meaning:

STYN.be: the company STYN.BE BV, incorporated under Belgian law, with its registered office at Heerweg-Noord 132 bus B103, 9052 Ghent (Belgium), registered with the Crossroads Bank for Enterprises (CBE) under company number 0805.294.394, RPM Ghent, Ghent division.

Assignment: the specific services, as set out in the proposal issued by STYN.be, for which the Client engages STYN.be, taking into account its professional expertise and experience in this field.

Client: the individual or company engaging STYN.be to carry out the Assignment.

Parties: jointly refers to STYN.be and the Client.

Works: the photographs, videos or other graphic products created and delivered by STYN.be on behalf of the Client.

3. The Proposal

Each new collaboration starts with a tailored proposal. This proposal clearly states the specific Assignment that STYN.be will perform for the Client, together with the rates applied for the various services.

The proposal must always be read together with any other written agreements made by the Parties regarding the Assignment, including by email.

Each proposal is only valid for a period of fifteen (15) calendar days. After this period, the proposal expires, unless STYN.be still accepts the Client’s late confirmation in writing.

An agreement is concluded between the Parties as soon as the Client accepts a proposal sent to them, together with the attached general terms and conditions. Acceptance may occur in various ways:

Explicitly: by handwritten or electronic signature of the proposal, or by any other written confirmation of the proposal, for example by email;

Implicitly: payment by the Client of all or part of an advance payment (see article 6.2) shall count as implicit acceptance of the proposal made.

The Parties expressly acknowledge that electronic forms of communication may validly create an agreement. STYN.be may use all electronic files at its disposal, within the limits of the law, to prove the existence of the agreement with the Client. A regular, digital, or qualified electronic signature is not an essential requirement of proof.

All proposals made by STYN.be are non-binding. On the one hand, STYN.be may always withdraw a proposal that has been sent but not yet accepted by the Client by means of simple written notice to the Client.

On the other hand, STYN.be reserves the right to revoke a proposal that has already been accepted by the Client, but only within a limited period of five (5) working days after the Client’s acceptance of the proposal. STYN.be must always communicate such revocation of an accepted proposal to the Client in writing. Such revocation nullifies the earlier conclusion of the agreement between the Parties. STYN.be may then send the Client a new or amended proposal. If the Client accepts this new proposal, a new agreement is concluded between the Parties.

4. The Assignment

4.1 Scope of the Assignment

The Client shall always provide STYN.be in due time with all information and instructions necessary for the proper execution of the Assignment, for example in the form of a written briefing with a clear description of the concept or strategy, the expected deliverable(s), the planned performance and delivery date(s), place of performance, etc. It is the sole responsibility of the Client to describe the Assignment as accurately as possible. In the event of doubt or dispute regarding the precise scope of the Assignment, any lack of clarity or ambiguity shall be interpreted in favour of STYN.be.

If the Client changes the scope of the Assignment after the agreement between the Parties has been concluded, STYN.be shall be entitled to charge for any additional work delivered in accordance with the applicable rates. A change in the scope of the Assignment may also affect the delivery timeline.

4.2 Execution of the Assignment

STYN.be undertakes to carry out all Assignments properly, as may be expected from a professional photographer and videographer. In executing the Assignment, STYN.be shall take the Client’s guidelines into account at all times. At the same time, STYN.be shall at all times retain the freedom to carry out Assignments according to its own creative and technical insight.

Any agreement between the Parties resulting from the acceptance of a proposal shall always constitute a services agreement under which STYN.be, as an independent company, performs services for its own account and risk for the benefit of the Client. Under no circumstances do the Parties intend to enter into an employment agreement.

STYN.be retains the freedom to engage one or more subcontractors for the execution of the Assignment. STYN.be shall select such subcontractors carefully from its own network so that the Assignment is carried out with the necessary professional expertise. STYN.be shall inform the Client of such subcontracting as much as possible in advance. These general terms and conditions shall remain fully applicable in the event of subcontracting.

4.3 Delivery of the Works

STYN.be shall use all reasonable efforts to ensure that the delivered Works correspond to what the Client had in mind. However, the Client acknowledges that STYN.be cannot provide any guarantees in this respect.

STYN.be shall determine itself which photographs and/or video footage will be made available to the Client. Photographs or video footage that do not make it into the final selection may only be obtained by mutual agreement with STYN.be.

All delivery deadlines agreed between the Parties in the context of the Assignment are always indicative, unless expressly agreed otherwise. Under no circumstances shall exceeding a delivery deadline result in a price reduction, any compensation, or termination of the agreement.

4.4 Specific Provisions Regarding Video

For video Assignments, STYN.be always provides for a maximum of two revision rounds. During these revision rounds, the Client may provide targeted feedback and request reasonable changes, so that the final result meets the Client’s expectations. The Client is advised to consolidate feedback as much as possible so that no more than two revision rounds are required. For each additional revision round beyond the two included revision rounds, STYN.be may charge for the additional work performed in accordance with the applicable rates, with a minimum of EUR 250.

The Client acknowledges that substantial changes are only permitted during the first revision round. If the requested changes in later revision rounds again amount to a material revision of the initial concept, STYN.be shall be entitled to submit an additional proposal to the Client in order to compensate for the estimated additional work.

Any music edited by STYN.be into a video shall always be royalty-free. However, the Client remains solely responsible for ensuring that the licence attached to the music used in the video covers the intended modes of exploitation.

To the extent that the Client provides STYN.be with any materials, for example logos, audio files, etc., in the context of producing a video, the Client guarantees that such materials do not infringe any third party intellectual property rights. The Client shall indemnify and hold STYN.be harmless against all claims brought by third parties against STYN.be as a result of infringements of third party intellectual property rights caused by the Client.

5. Licence

Subject to full and timely payment of the fee for the Assignment, STYN.be grants the Client a worldwide, non-exclusive and non-transferable right to use the Works for the Client’s commercial purposes.

The licence is granted for an indefinite period and may be terminated by STYN.be at any time, subject to a notice period of one year. Under no circumstances is ownership of the Works transferred to the Client.

The licence granted to the Client includes the following forms and methods of exploitation: the right to graphically reproduce the Works and to publish and distribute them through the Client’s own digital marketing channels:

  • online, without limitation, including website, social media, mobile app, intranet, etc.; and

  • offline, expressly limited to flyers and brochures, with a maximum format of A5.

Unless otherwise agreed, the licence expressly does not include:

  • any print or printed matter not mentioned in the previous paragraph;

  • the reproduction, publication and distribution of the Works through newspapers, magazines, journals and other printed media;

  • the reproduction, publication and distribution of the Works on the online and offline channels of other third parties, such as blogs, billboards, television, etc., except for parties directly involved in the Assignment, who may publish the Works solely on their social media channels with attribution.

Where the Client acts as an intermediary and engages STYN.be on behalf of another party, the licence shall, under the same conditions, also be granted to the end client, even if that party has no direct contractual relationship with STYN.be.

Any use of the Works not expressly permitted under these general terms and conditions requires the prior written consent of STYN.be. STYN.be shall be entitled to take action against any infringement and to apply the SOFAM rates in force at that time. STYN.be shall in that case charge both the basic fee and damages for the use of the Works without prior consent.

STYN.be authorises the Client to make limited changes to the Works, insofar as these are strictly necessary for the efficient implementation of the permitted forms of exploitation. For example, STYN.be shall not object to changes required for the editing and layout of graphic and/or electronic reproductions. STYN.be shall be entitled to take action against substantial changes to the Works made without prior consent, as well as against changes that affect the integrity of the Works. In such case, STYN.be may apply the SOFAM rates in force at that time.

The Client undertakes, upon simple request from STYN.be, to accompany each permitted reproduction of the Works with the mention “© STYN.be”. STYN.be shall be entitled to take action against any infringement of this obligation and to apply the SOFAM rates in force at that time.

6. Payment Terms

6.1 Rates

Our rates, as communicated to the Client in a personal proposal, are confidential and may not be disclosed to third parties without our prior express consent.

All rates mentioned in a proposal made by STYN.be are always exclusive of VAT.

STYN.be may at any time decide to adjust the rates for its services. Naturally, such new rates shall apply only to new Assignments and a rate change shall never affect Assignments that have already been approved.

6.2 Invoicing

All invoices issued by STYN.be must be paid by bank transfer to the following account number:

IBAN: BE42 7340 7226 9554

BIC: KREDBEBBXXX

Depending on the nature of the Assignment and the amount of the agreed fee, STYN.be has the right to choose to:

  • issue an invoice to the Client before the start of the Assignment for full advance payment (100%) of the agreed fee;

  • issue an invoice to the Client before the start of the Assignment for partial advance payment of the agreed fee and, after completion of the Assignment, issue an invoice for the remaining balance of the agreed fee (100% - X%);

  • issue an invoice to the Client after completion of the Assignment for the full agreed fee (100%).

All invoices for full or partial advance payments must be paid within seven (7) calendar days from the invoice date, and in any event before the start of the execution of the Assignment. If the advance payment is not made on time, STYN.be shall have the right to terminate the Assignment unilaterally, without prior notice of default to the Client and without owing the Client any compensation. Advance payments shall not be refunded by STYN.be if the Assignment is cancelled by the Client.

All invoices for payments after completion of the Assignment must be paid within thirty (30) calendar days from the invoice date.

6.3 Expenses

STYN.be shall be entitled to charge the Client for expenses incurred in connection with the Assignment, including but not limited to transportation costs such as fuel and parking, and accommodation costs, where applicable. At the Client’s request, STYN.be shall provide the necessary supporting documents to justify such expenses.

6.4 Non-payment

In the event of non-payment or incomplete payment on the due date of the invoice, the statutory interest applicable to late payment in commercial transactions shall be charged, together with a fixed compensation of 10% of the invoice amount, with a minimum of EUR 125. These amounts shall be automatically due, without any prior written notice of default being required. In addition, STYN.be reserves the right to suspend the further execution of ongoing Assignments until the Client has paid all overdue invoices.

In the event of non-payment, the Client may not use the Works created by STYN.be. This applies both to the Works to which the unpaid invoice relates and to Works that STYN.be has created for the Client in the context of other Assignments in the past. The licence of the intellectual property rights in such Works may be postponed or suspended until the Client has paid the relevant invoice in full.

STYN.be shall be entitled to terminate the Assignment unilaterally and without judicial intervention if the Client ceases payments, files for bankruptcy, is declared bankrupt, enters into liquidation or similar proceedings, or is liquidated.

7. Cancellation & Postponement

7.1 Cancellation by the Client

STYN.be allows the Client to cancel the Assignment free of charge up to fifteen (15) calendar days before the actual execution date. Such cancellation must be made by written notice.

In the event of cancellation, STYN.be may always charge the Client for any costs already incurred. Any advance payments shall not be refunded if the Assignment is cancelled by the Client.

In addition, STYN.be may charge the following fixed compensation in the event of cancellation of the Assignment by the Client:

  • from day x-14 up to and including day x-8 before the execution date: 20% of the agreed fee;

  • from day x-7 up to and including day x-3 before the execution date: 50% of the agreed fee, with a minimum of EUR 250;

  • from 48 hours before the execution date: 75% of the agreed fee, with a minimum of EUR 500.

If the Client has already made an advance payment for the Assignment, that advance payment shall be deducted from the compensation due.

7.2 Cancellation by STYN.be

Force majeure

Where STYN.be is prevented from performing the Assignment in whole or in part due to circumstances beyond its control, this shall constitute force majeure. Force majeure includes, among other things: illness, temporary or permanent incapacity for work; serious family circumstances such as hospitalisation or death of a family member or someone in the immediate circle; strikes, government measures or traffic problems making it impossible to reach the execution location; loss of the original digital files as a result of an external factor such as theft, computer crash, fire, flooding, etc.; fire, war, terrorist attacks, epidemic, pandemic, adverse weather conditions, internet failure, data network or telecommunications failure, server unavailability, cyberattacks such as (D)DoS attacks, and power outages; and all other unforeseeable circumstances that make performance of the Assignment impossible or have such an impact that the Client cannot reasonably require performance of the Assignment. This list is not exhaustive. In all cases, STYN.be shall notify the Client without delay of any force majeure situation preventing the execution of the Assignment.

In the event of temporary force majeure, STYN.be shall be entitled to suspend its obligations for the duration of the force majeure event. In that case, the Parties may postpone the execution date by mutual agreement to a later date. In the event of prolonged force majeure, meaning more than 90 days, or permanent force majeure, either Party shall be entitled to terminate the agreement without judicial intervention.

Under no circumstances shall suspension or termination of the agreement as a result of force majeure lead to the payment of any compensation. Any services already performed by STYN.be shall be invoiced to the Client.

In any event, in the case of force majeure, STYN.be shall always use all reasonable efforts to arrange replacement through contacts within its own network.

Termination due to breakdown of trust

STYN.be reserves the right to stop the Assignment unilaterally, without judicial intervention and with immediate effect, in exceptional circumstances that make it impossible to continue a professional collaboration with the Client. This includes, but is not limited to, inappropriate conduct, aggression, or any other unacceptable behaviour by the Client, its employees, directors, officers and appointees, in the broadest sense, as well as any other person present during the execution of the Assignment at the request of, or under the responsibility of, the Client.

8. Liability

STYN.be shall not be held liable for any direct damage unless there is intent or gross negligence. In any event, the total liability of STYN.be shall be limited to the amount invoiced by STYN.be to the Client in connection with the Assignment.

Under no circumstances shall STYN.be be liable for:

  • bodily injury or material damage suffered during the execution of the Assignment by the Client and its employees, directors, officers and appointees, in the broadest sense, as well as by any other person present during the execution of the Assignment at the request of or under the responsibility of the Client;

  • damage caused by subcontractors, models, actors or extras engaged by STYN.be in connection with the Assignment;

  • indirect damage, including but not limited to consequential loss, loss of profit, financial and commercial losses, increased overall costs, increased staff costs, loss of clients and/or potential business.

9. Privacy

In the context of photo and video shoots organised by the Client and for which the Client engages STYN.be, the Client acts as the data controller.

It is the Client’s responsibility to inform attendees at the photo and/or video shoot that they may be recognisably captured in the images created by STYN.be, as well as to inform them of the specific purposes for which their portrait will be used and of their rights with regard to the use of those images.

It is furthermore the responsibility of the Client, where necessary, in particular where the data subject is clearly visible, to obtain the consent of the persons concerned before their portrait is captured in photo or video form.

STYN.be shall have the right to publish the Works created for the Client on its own marketing channels, such as its website and social media, for the promotion of its own services.

10. References

The Client agrees that STYN.be may make correct and informative references to the Client’s trade names, logos and trademarks for the purpose of promoting its services, for example on its website or social media channels.

STYN.be shall remove such references as soon as the Client requests in writing that such use be discontinued.

11. General

These general terms and conditions shall always and exclusively apply to all agreements between STYN.be and the Client. The Client accepts the applicability of these general terms and conditions from the moment of acceptance of the proposal made by STYN.be, as referred to in article 3. Unless otherwise agreed, the applicability of any general terms and conditions of the Client is expressly excluded.

Any explicit deviation from these general terms and conditions shall only be valid insofar as it results from mutual agreement between the Parties and is laid down in writing. In the event of conflict between the written proposal and these general terms and conditions, the proposal shall prevail.

STYN.be reserves the right to amend and/or supplement its general terms and conditions at any time. Such amendment shall, of course, not affect existing agreements.

The nullity or invalidity of all or part of any provision of these general terms and conditions and the agreements arising from them shall not affect the validity of the remaining provisions. The disputed provision shall be deemed severable. STYN.be shall be entitled to replace such provision with a valid provision having an equivalent purpose.

12. Applicable Law and Competent Court

The validity, interpretation and performance of the agreement between the Parties shall be governed exclusively by Belgian law.

Any dispute relating to the conclusion, validity, performance and/or termination of the agreement between the Parties shall be submitted to the competent court with territorial jurisdiction over the place where STYN.be has its registered office.

Before bringing the matter before the courts, however, the Parties shall negotiate in good faith in an attempt to settle their dispute amicably.