Terms & Conditions
Introduction and applicability of the Terms & Conditions
These terms & conditions are applicable for all services by “Visuals by Paula” and “Paula's Lens”, as registered at the Dutch Chamber of Commerce (Kamer van Koophandel) under number 92911439. Terms & Conditions of the other party/client are expressly rejected. If the other party/client persists on applicability of their own (terms &) conditions an agreement is not reached.
(Last updated 14 April 2024)
In these Terms and Conditions, the following definitions apply;
" Visuals by Paula and/or Paula’s Lens": The company as mentioned above and registered at the Chamber of Commerce under number 92911439.
"Client": Any individual or entity who engages our services, referred to as "you" or "your" or “the client” in these terms.
"Services": Refers to the photography and web design services provided by Paula.
“Consumer”: A natural person who is not acting on behalf of a professional business.
“Website”: visualsbypaula.com and/or paulaslens.com
“Written communication”: Communication by text, including for example “e-mails” and “WhatsApp”.
a) All offers made are without obligation (unless otherwise agreed upon). An offer can be rescinded, otherwise it will lose effect automatically after 14 days.
b) An agreement is only reached when the client accepts an (online) offer via the website and/or other ways of communication and the offer is not rescinded forthwith by Visuals by Paula and/or Paula’s Lens.
c) The specific details and scope of the Services, including but not limited to deliverables, timelines, and pricing, can be outlined in a separate agreement/proposal/written communication. The earlier written/e-mail conversation can constitute as the agreement, if it is equal to the agreed upon.
d) There is no right to cancellation within a reflection period for consumers (and other clients) for products:
- that have been made/are created based on specifications of the client (a customized and/or tailored product/service).
- a product that is clearly personal of nature.
e) Any changes to the agreement and/or services will be made in written communication. By making any changes to the agreement extra costs can incur for the services. If so, they will be communicated as soon as possible.
a) The client agrees to pay the agreed-upon fees for the Services as outlined in the agreement, on the website, or proposal.
b) For consumers prices will be shown including vat. For other clients prices will be shown excluding vat.
c) Payment terms, including any deposits, installment payments, or deadlines, will be specified in the agreement or proposal.
d) Invoices are payable within 14 days from the date of receipt, unless otherwise agreed upon in writing.
e) For higher amounts pre-payment of 50% of the total price will be required.
f) If no payment is received within the agreed upon time the collection rules as laid out in Dutch law are applicable. Meaning that for consumers a “collection reminder” will be sent to pay within 14 days (after having received the reminder), under specification of the collection costs that will incur after the forementioned term. For other clients the reminder is not legally required before incurring collection costs. We can however decide to send a reminder, without “consumer rules” applying on the situation.
a) The agreement will be executed to the best knowledge and ability. If and insofar as proper execution of the agreement requires this, third parties can be used to carry out certain work.
b) The process of delivery of digital products (including (accessibility of) websites) will be agreed upon between parties at the start of the assignment and can differ per assignment, based on the specific needs.
c) Delivery of digital contents will be made via an online download option. When the client has received the download link, that will constitute as a delivery. If a new download link must be made available extra costs can be charged for the extra work.
d) When payment is withheld by the client, further work can be suspended. Accessibility to temporary/provisional products can also be rescinded during the timeframe payment hasn’t been received. Relating to websites: After payment of the total amount the website will be made publicly available.
a) Visuals by Paula and/or Paula’s Lens retains all rights, title, and interest in any intellectual property created or provided as part of the Services, including but not limited to photographs, designs, and website content, unless otherwise specified in writing.
b) Upon full payment of the fees, the client will be granted a non-exclusive, perpetual license to use the deliverables for the intended purpose outlined in the agreement.
c) Visuals by Paula and/or Paula’s Lens can use the finished work (like photographs) for her portfolio and business-related reasons. If the work is of a personal nature, the client will be asked for per permission to use the work.
d) From above can be deviated in the agreement, Visuals by Paula and/or Paula’s Lens isn’t prohibited to always grant a non-exclusive, perpetual license. In that case the terms in the agreement have precedence abode the terms & conditions.
a) The client agrees to cooperate and provide any necessary information, materials, and approvals in a timely manner to facilitate the provision of the Services.
b) The client is responsible for obtaining any necessary permissions, licenses, or consents related to the use of third-party materials, such as copyrighted images or trademarks, in connection with the agreement.
c) Visuals by Paula and/or Paula’s Lens will never be liable if damages occur/are suffered as a consequence of wrong/untruthful information provided by or on behalf of the client, or the delayed/withheld cooperation by the client.
a) Visuals by Paula and/or Paula’s Lens shall not be liable for any indirect, consequential, or incidental damages arising out of or in connection with the Services, including but not limited to lost profits or loss of data.
b) Visuals by Paula and/or Paula’s Lens liability for any direct damages arising from the Services shall be limited to/will be capped the total fees paid by the client for the specific Services giving rise to the claim if any liability should be established.
c) From above can only be deviated if the damages are a result of deliberate or gross negligence on the side of Visuals by Paula and/or Paula’s Lens.
d) In the event of force majeure, Visuals by Paula and/or Paula’s Lens is entitled to consider the agreement as dissolved, without judicial intervention and without being obliged to pay compensation.
e) Force majeure to fulfill the obligations includes any external cause that cannot be attributed to Visuals by Paula and/or Paula’s Lens, and that prevents the fulfillment of the agreement, or hinders or makes it difficult to such a serious extent that fulfillment cannot reasonably be expected or required.
a) Either party may terminate the agreement upon written notice if the other party breaches any material term of the agreement and fails to remedy such breach within a reasonable period following written notice.
b) Upon termination, the client shall pay for any Services provided up to the date of termination, and any outstanding fees or expenses incurred.
a) These General Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands.
b) Any dispute arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the courts of “The Hague”, the Netherlands (for as far the law doesn’t prescribe a different court’s jurisdiction for consumers).
a) The parties mutually undertake to maintain confidentiality of all information that has become known to them under the agreement concluded with the other party, and of which it is, or should reasonably be aware, that the information must be regarded as confidential or secret.
b) These General Terms and Conditions may be amended or updated from time to time. The Terms & Conditions will be uploaded on the website. For new agreements, the new Terms & Conditions will be applicable.
c) If any part of the Terms & Conditions is ruled to be invalid, the remaining terms & conditions will remain intact.
d) Personal data will only be used for administrative/fiscal and similar required purposes (by law). The data will be stored in line with, and for as long as prescribed by law (which will be 7 years in most situations).
e) The client is and remains the owner of all passwords and other documents obtained relating to the website, domain name and hosting. This information will not be provided to third parties without the express permission of the client (unless required by law).