PUBLIC OFFER (AGREEMENT) FOR THE PROVISION OF PHOTOGRAPHER SERVICES
In accordance with the requirements of Art. 396 of the Civil Code of the Republic of Belarus, a public contract is one of the types of contracts under which one party undertakes to provide services in respect of each of the indefinite number of persons who have requested the provision of certain types of services.
The public contract does not require registration on paper and its subsequent signing by the parties, has legal force due to the parties' performance of certain actions indicating their will to enter into a contractual relationship. In particular, the publication (placement) of the text of this public agreement on the official website pro-photominsk.wfolio.pro/ru is a public offer (offer) addressed to a wide range of persons for the purpose of providing certain types of services (paragraph 2 of Art. 407 of the Civil Code of the Republic of Belarus).
The conclusion of this Agreement is made by the Customer’s accession to this Agreement, i.e. by acceptance (acceptance) by the Customer of the terms of this Agreement as a whole, without any conditions, exceptions and reservations (Article 398 of the Civil Code of the Republic of Belarus).
This Agreement is a public offer (proposal) of photographer Shapovalova Olga Vitalievna (hereinafter referred to as the Photographer) with any individual (hereinafter referred to as the Customer) who will accept this offer on the conditions specified below.
1. DEFINITION OF TERMS
The following terms used in this Agreement mean:
1.1. Photography is a visual image on paper, transparent, electronic media of any format.
1.2. A work is a photo created by the Photographer, hereinafter referred to as the work.
1.3. The emergence of copyright — the emergence, exercise and protection of copyright does not require registration of the work or any other formalities.
1.4. Photographer — Olga Vitalievna Shapovalova, whose creative work will create the work. The photographer is the author.
1.5. Artistic retouching is the artistic processing of an image in order to improve it, stylize, correct defects. Such retouching allows you to improve the texture of the skin, the shape of objects in the photo, add volume, depth, create an atmosphere, if at the discretion of the Photographer, these changes are not enough in the photo.
2. SUBJECT OF THE CONTRACT
2.1 The photographer undertakes to create the works stipulated by this contract on the orders of the Customer. The Customer shall pay the Photographer a reward, the amount of which is determined by this contract.
2.2. The Photographer will retain inalienable copyright and property rights.
2.3. The Customer draws up an order for the creation of a work orally or in writing and becomes an integral part of this contract.
2.4. When the work is ready for transfer, the Photographer notifies the Customer of this and transfers the work within no more than 14 working days.
2.5. The photographer stores the footage for 30 calendar days from the date of submission to the Customer of the results of the photo shoot for possible restoration if the Customer loses his copy.
2.6. The photo is the author’s product. By ordering a photo shoot, the Customer agrees that he is familiar with the artistic style and aesthetics of the photographer, as well as photo processing.
2.7. The beginning of the photo shoot is the booked time, not the actual start time of the shoot. Late and early completion of the section is not the reason for reducing the cost of work.
3. PAYMENT FOR THE CONTRACTOR’S WORK
3.1.For the created work, the Customer pays the Photographer a reward in the amount of the cost of the package of services selected by the Customer. The price, conditions, descriptions and composition of the service package are given on the photographer’s website pro-photominsk.wfolio.pro/ and are an integral part of the contract.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 The Customer undertakes:
4.1.1 Arrive for the shooting at the designated place no later than 15 minutes before the start.
4.1.2 The Customer undertakes to provide the Photographer with appropriate access and the ability to perform his duties without interference and any obstacles on the part of the guests and any other persons involved in one way or another in the course of the Customer’s filmed event. Otherwise, the Photographer is not responsible for obtaining the footage of inadequate quality.
4.1.3. Make payment for the provision of services by the Contractor in accordance with the terms of this Agreement in full on the day of provision of the photo service or by prior payment.
4.1.4. Pay a penalty in the amount of 50% of the work in case of cancellation of shooting on his part later than 3 days before the scheduled date.
4.2.The customer has the right:
4.2.1. Terminate this contract at any time before the start of photography. In this case, the Customer is obliged to pay the full cost of the service agreed by correspondence between the Contractor and the Customer on the Internet. And the Contractor has the right not to return the prepayment to the Customer if it has been made.
4.2.2. Declare the confidentiality of photography before the start of photography.
4.2.3 The Customer has the right to publish works, including in electronic, print media and social networks.
4.3. The Contractor undertakes:
4.3.1 Take photos of the Customer at a professional and technical level, confirmed by photos in the Contractor’s portfolio, freely available, in accordance with the photographer’s ideas about what style and with what level of interference/non-interference in events, photography should be carried out;
4.3.2. Prepare and transfer to the Customer the result of the work performed (processed photos) through a file sharing service within 14 — 24 working days (depending on the volume of work) from the date of photography for the Customer (if the photos are selected by a photographer).
4.3.3. Select and computer-process photographed photos (color correction of photos and retouching of the number of frames declared in the selected package).
4.3.4. In case of circumstances that slow down the provision of services or make further provision of services impossible, immediately notify the Customer;
4.4 The Contractor has the right:
4.4.1. Involve third parties in agreement with the Customer to fulfill their obligations under this Agreement.
4.4.2. Use the received works in your portfolio, exhibitions, on the website, in social networks and advertising your services on any media. If shooting in the nude genre, the publication takes place only by prior agreement with the Customer.
4.4.3. Not to comply with the conditions under this Agreement in the absence of prepayment, if it was agreed and agreed by personal correspondence on the Internet;
4.4.4. Terminate this contract fourteen or more calendar days before the date of photography. In this case, the Contractor returns the amount of prepayment to the Customer if it has been made;
4.4.5. Independently select and process the photos taken, delete photos that are considered unsuitable;
4.4.6. Do not transfer the source materials. The choice of source materials is made by the Contractor at its discretion. Reviewing of the original frames by the Customer is carried out only with prior agreement.
4.4.7. In case of insulting his identity by the Customer, his friends, relatives, acquaintances, the Contractor has the right to stop shooting with further performance of his duties under this Agreement and to demand material and moral compensation in accordance with Art. 9.3 of the Code of the Republic of Belarus on Administrative Offences. In this case, the Customer is obliged to pay the full cost;
4.4.8. Terminate the performance of its obligations under this Agreement in the event of circumstances that may lead to damage to health, equipment, personal belongings;
5. COST OF SERVICES AND CALCULATION PROCEDURE
5.1. The cost of Services under this Agreement is determined by the price for services located at: pro-photominsk.wfolio.pro/uslugi-i-tseny-1 and agreed by personal correspondence on the Internet.
5.2. Payment is made by the Customer in Belarusian rubles on the day of the service of photography in cash or by bank transfer.
5.3. If the Customer needs photos earlier than 14 — 24 working days, the cost of the photographer’s work is increased by 100 BYN.
5.4. When the Contractor provides services not agreed in advance, payment is made additionally by agreement of the parties.
5.5. The number of processed photos is 10 pieces from 1 hour of shooting (detailed retouching of frames), unless otherwise provided by agreements.
6. RESPONSIBILITY OF THE PARTIES
6.1 In case of non-performance or improper performance of their obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of the Republic of Belarus.
6.2. The presence of noise, blurred elements in the photo is not a marriage. By choosing me as your photographer, you agree with my vision and style in processing.
7. OWNERSHIP OF PHOTOS
7.1. The Contractor has the right to use the photos to market their own services. The Contractor has all copyright and property rights to all photos taken on the day of provision of the service, including the rights to carry out additional printing of photos, to use photos in publications of its own advertising or demonstration portfolio, unless specified separately.
7.2. The Contractor gives the Customer the right to reproduce the photo only for personal use. In case of publication of the Customer’s photos in the press and on the Internet, the Customer is obliged to require the publication to mention in the publication the name of the Contractor who took this photo.
8. VALIDITY PERIOD AND CHANGES IN THE TERMS OF THE OFFER
8.1. The Offer comes into force from the moment of publication on the Contractor’s website and is valid until the Offer is withdrawn by the Contractor.
8.2. The Contractor reserves the right to amend the terms of the Offer or withdraw the Offer at any time at its discretion.
9. FORCE MAJEURE
9.1. The parties are exempt from liability for partial or complete non-performance of obligations under this agreement if this non-performance was the result of force majeure. Force majeure circumstances are understood as circumstances that have arisen after the conclusion of this treaty as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures. Such circumstances include: flood, fire, earthquake or other natural phenomena, as well as wars, military actions, acts or actions of state bodies, and any other circumstances beyond the reasonable control of the Parties.
10. PHOTOGRAPHER’S DETAILS
Shapovalova Olga
Payer’s Registration Number
АЕ6564229