General Terms and Conditions (GTC)
All photographic material made available by 0-projects is subject to the following conditions. These conditions can only be rejected by the client if the consignment is returned immediately to the 0-projects unused; in this case no contract is concluded. Should individual provisions be invalid but without consequences for the other provisions, this does not affect the validity of the contract. Provisions which deviate from the standard contract require prior written authorization. The client's business conditions are not considered part of the contract.
Delivery
Digital photographic material is lent to the client for a specified period of time. This material remains the property of 0-projects and has to be deleted within the time framework originally agreed upon. The loan period can be extended (in this case ZERO foundation must be contacted prior to the due date). Photographic material which is not selected by the client for use must be deleted, within 60 days after downloading.
0-projects material is licensed only for the purpose formally agreed upon. Any and every use requires prior written permission from 0-projects. The client is obligated to provide 0-projects without delay with the complete details regarding the intended use of the material (e.g. print run, size of the photographic reprint, area of distribution, etc.).
Photographic material of 0-projects may not be reproduced, copied, duplicated, deposited in an archive, stored (e.g. lithographic plates, films, electronic media), altered or used in any other manner without 0-projects prior consent. It is not allowed to pass on material in any form to a third party.
Complimentary Copies
Whenever 0-projects photographic material appears in printed works, the client is obliged to provide 0-PROJECTS with two specimen copies without request and free of charge. The relevant material from 0-projects must be clearly marked.
Rights
If not otherwise agreed upon 0-projects transfers the limited and non-exclusive right to use its photographic material for the purpose and within the limitations as agreed upon. These rights are automatically revoked if the client proves unable to pay the costs and fees agreed upon. They cannot be transferred or transmitted to any third party without prior written consent of 0-projects.
Clients are solely responsible for respecting (and - if applicable - remunerating) the rights of third parties, (f.e. copyrights of artworks, photographer, individual rights etc.), local laws and customs and necessary permissions. This does not apply where 0-projects expressly assigned the rights to the client. Failure (or waiver) of 0-PROJECTS to enforce a right does not result in waiver of such or any other right.
Acknowledgements
The client is obligated to acknowledge any and all use of photographic material obtained from the 0-PROJECTS. The credit-line must read:
© Archive NAME @ 0-projects / the name of the partner agency (if any) / the name of the photographer (if know) and – in cases of reproductions of works of art - the museum or other institution in addition to the name of the artist, the title and the rightholder(s) of the art work (if applicable).
No doubt must exist as to the relationship between the picture and these credits. Failure to comply will result in a 100% increase in fees in every case.
Payment
Payment is due gross for net within 30 days (within the EU) resp. 60 days (outside the EU). All banking costs and other costs of payment have to be borne by the client. Any and all exceptions must be agreed upon in writing. Default will result in a late fee of 3%, in cases of deferment of payment 2% above the current discount rate of the Deutsche Bundesbank (German Central Bank) without proof of actual availment of bank loans. 0-projects requests clients to refrain from payment prior to receipt of the invoice.
Costs and Charges
All consignments are made at the expense of the client. When pictorial material has been downloaded for selection and possible use, a specific loan period is established. If downloaded material is not deleted within the time period agreed upon 0-projects reserves the right to charge special fees for indemnity. If the client requests specific scans or photographic and/or reprotechnical work, he is responsible for paying the complete or a share of the costs. All costs are charged irrespective of fees; payment of these charges does not entitle the client to either the right of use or the right of ownership.
Fees
Any use of photographic material obtained from 0-projects is subject to payment of 100,- EURO (Students 50,- EURO) administration fees. Arrangements concerning fees apply per downloaded picture and only to its one-time use as described exactly in terms of the purpose and scope formally agreed upon, e.g. the first edition in the original language, the one- time broadcast within the specified language area or the editorial Internet use for a specified time period. Any additional usage (as in publishers' announcements, documentation, layouts, advertising, reproductions and reprints, paperback and offline editions; transfers of license, incl. book clubs; videos, scanning, composing, etc.) requires additional compensation and prior written permission from 0-projects.
Fees are payable at the time of use (printing, broadcast, downloading etc.); at the latest, however, three months after downloading. No refunds will be granted in cases of previously paid but otherwise unused photographic material.
Place of Jurisdiction
Any dispute arising under this agreement, including its validity, interpretation, performance, or breach, shall be settled before the competent court in Düsseldorf. Consignment to foreign countries are also subject to German law. However, 0-projects shall have the right to commence and prosecute any legal or equitable action or proceeding before any other court of competent jurisdiction.
All photographic material made available by 0-projects is subject to the following conditions. These conditions can only be rejected by the client if the consignment is returned immediately to the 0-projects unused; in this case no contract is concluded. Should individual provisions be invalid but without consequences for the other provisions, this does not affect the validity of the contract. Provisions which deviate from the standard contract require prior written authorization. The client's business conditions are not considered part of the contract.
Delivery
Digital photographic material is lent to the client for a specified period of time. This material remains the property of 0-projects and has to be deleted within the time framework originally agreed upon. The loan period can be extended (in this case ZERO foundation must be contacted prior to the due date). Photographic material which is not selected by the client for use must be deleted, within 60 days after downloading.
0-projects material is licensed only for the purpose formally agreed upon. Any and every use requires prior written permission from 0-projects. The client is obligated to provide 0-projects without delay with the complete details regarding the intended use of the material (e.g. print run, size of the photographic reprint, area of distribution, etc.).
Photographic material of 0-projects may not be reproduced, copied, duplicated, deposited in an archive, stored (e.g. lithographic plates, films, electronic media), altered or used in any other manner without 0-projects prior consent. It is not allowed to pass on material in any form to a third party.
Complimentary Copies
Whenever 0-projects photographic material appears in printed works, the client is obliged to provide 0-PROJECTS with two specimen copies without request and free of charge. The relevant material from 0-projects must be clearly marked.
Rights
If not otherwise agreed upon 0-projects transfers the limited and non-exclusive right to use its photographic material for the purpose and within the limitations as agreed upon. These rights are automatically revoked if the client proves unable to pay the costs and fees agreed upon. They cannot be transferred or transmitted to any third party without prior written consent of 0-projects.
Clients are solely responsible for respecting (and - if applicable - remunerating) the rights of third parties, (f.e. copyrights of artworks, photographer, individual rights etc.), local laws and customs and necessary permissions. This does not apply where 0-projects expressly assigned the rights to the client. Failure (or waiver) of 0-PROJECTS to enforce a right does not result in waiver of such or any other right.
Acknowledgements
The client is obligated to acknowledge any and all use of photographic material obtained from the 0-PROJECTS. The credit-line must read:
© Archive NAME @ 0-projects / the name of the partner agency (if any) / the name of the photographer (if know) and – in cases of reproductions of works of art - the museum or other institution in addition to the name of the artist, the title and the rightholder(s) of the art work (if applicable).
No doubt must exist as to the relationship between the picture and these credits. Failure to comply will result in a 100% increase in fees in every case.
Payment
Payment is due gross for net within 30 days (within the EU) resp. 60 days (outside the EU). All banking costs and other costs of payment have to be borne by the client. Any and all exceptions must be agreed upon in writing. Default will result in a late fee of 3%, in cases of deferment of payment 2% above the current discount rate of the Deutsche Bundesbank (German Central Bank) without proof of actual availment of bank loans. 0-projects requests clients to refrain from payment prior to receipt of the invoice.
Costs and Charges
All consignments are made at the expense of the client. When pictorial material has been downloaded for selection and possible use, a specific loan period is established. If downloaded material is not deleted within the time period agreed upon 0-projects reserves the right to charge special fees for indemnity. If the client requests specific scans or photographic and/or reprotechnical work, he is responsible for paying the complete or a share of the costs. All costs are charged irrespective of fees; payment of these charges does not entitle the client to either the right of use or the right of ownership.
Fees
Any use of photographic material obtained from 0-projects is subject to payment of 100,- EURO (Students 50,- EURO) administration fees. Arrangements concerning fees apply per downloaded picture and only to its one-time use as described exactly in terms of the purpose and scope formally agreed upon, e.g. the first edition in the original language, the one- time broadcast within the specified language area or the editorial Internet use for a specified time period. Any additional usage (as in publishers' announcements, documentation, layouts, advertising, reproductions and reprints, paperback and offline editions; transfers of license, incl. book clubs; videos, scanning, composing, etc.) requires additional compensation and prior written permission from 0-projects.
Fees are payable at the time of use (printing, broadcast, downloading etc.); at the latest, however, three months after downloading. No refunds will be granted in cases of previously paid but otherwise unused photographic material.
Place of Jurisdiction
Any dispute arising under this agreement, including its validity, interpretation, performance, or breach, shall be settled before the competent court in Düsseldorf. Consignment to foreign countries are also subject to German law. However, 0-projects shall have the right to commence and prosecute any legal or equitable action or proceeding before any other court of competent jurisdiction.
