CONDITIONS
FIRST: On the one hand, Víctor Chito Pereda with DNI 37338689-Y, with address at Calle Carles Riba 38, 07004, Palma de Mallorca, hereinafter VICTOR CHITO, is dedicated to photographic reporting of weddings and other events.
SECOND: That the CLIENT is interested in hiring VICTOR CHITO for the provision of the services described below and that VICTOR CHITO agrees to perform them.
CLAUSES
OBJECT: the CLIENT hires VICTOR CHITO, who accepts the provision of the service consisting of the production of a photographic report that covers the photography service on the day of the marriage, under the agreed conditions. Said service may be extended to any other service agreed upon by the parties, and said new order may be given during the term of this contract or subsequently.
ARTISTIC STYLE: All this done with the artistic and photographic style that the VICTOR CHITO company maintains. The couple accepts that, on the day of the wedding or pre-wedding, some reasons external to the professional may lead to a different type of photography than initially planned, due to environmental causes (rain, snow, excessive heat or other natural phenomena), and understands that the times chosen by the couple may cause harmful or problematic lighting for photography, such as excessive sun or lack of lighting in some areas.
NO INTERACTION: The freedom of action that the author needs to achieve the images must be understood. The couple will ensure that they can carry out their work freely, without interaction from other people.
ADDITIONAL EXPENSES: The CLIENT will bear additional costs such as transportation, accommodation and meals if the service requires it due to time or geographic location.
SERVICE SCHEDULE: The professional will be taking photographs from the preparations to fulfilling the previously contracted hours as agreed. If you need to extend the hours of services, you can extend the contract at the time according to the price/hour stipulated in the rates.
DELIVERY OF WORK AND SECURITY COPIES: The delivery of the photographic report will be made as agreed in the contracted services.
The delivery will be made through the means agreed upon with the couple, through a private web link that the client will have available for 12 months in which they must be responsible for making a copy of the delivered assets on their own.
The computer files and photographs of the wedding will remain in our files for a maximum period of 12 months after complete delivery of the work. After this period, the files will be deleted without the CLIENT being able to claim anything in the future.
INTELLECTUAL PROPERTY: With the exception of copying for private use, in accordance with the Intellectual Property Law, especially with regard to copyright, the total or partial reproduction of the photographs of the report described herein is strictly prohibited. , as well as its publication, sale and/or transfer to third parties without the express permission of the author, under the terms that will be explained later.
VICTOR CHITO reserves all exploitation rights, as well as all rights recognized to authors and filmmakers in the Intellectual Property Law. Failure to comply with this clause by the CLIENT may mean the violation of the rights of the Intellectual Property Law, with its legal consequences attached to the Penal Code.
TRANSFER OF IMAGE RIGHTS: The CLIENT accepts the circumstance that the author makes use of some photographs by any means in which his people and/or attendees at his link are recognized without any time limit. To this end, VICTOR CHITO has permission to accept this agreement by the CLIENT, as responsible for the transfer of their image rights and in accordance with the Personal Data Protection Law.
PERMITS OR LICENSES IN PHOTOGRAPHY PLACES: In the case of celebrating the link in a place where special permits are required to capture images, these will be processed at the CLIENT's expense. VICTOR CHITO is exempt from all liability in the event of not being able to take the agreed photographs due to the CLIENT's failure to comply with this point.
PRICE AND PAYMENT METHOD: VICTOR CHITO offers different types of photographic work that will be displayed in the rates. Payment for the work will be made as follows:
DEPOSIT: €1000 + VAT of the total amount will be paid upon acceptance of these conditions and delivery of the form, meaning the formalized contract.
REMAINING PAYMENT: The remaining payment will be made at least one week before the event. The payment of these amounts must be made by bank transfer to the account that VICTOR CHITO has for this purpose.
BANKING ENTITY: LA CAIXA
OWNER: VICTOR CHITO PEREDA
IBAN: ES05 2100 0791 1402 0029 7067
BIC CODE: CAIXESBXXXX
CANCELLATION POLICY AND EFFECTIVENESS: VICTOR CHITO reserves the right to decide whether to proceed with the refund of the amounts paid in the event of cancellation of this agreement by the CLIENT. In case of postponement within 6 months prior to the event, the deposit will not be refunded, the €1000 corresponding to the date reservation, and a new deposit will have to be paid for a new date. In the event that the cancellation occurs by VICTOR CHITO, the amounts paid will be fully refunded.
If, on the other hand, the cancellation of this agreement occurs for reasons exclusive to the CUSTOMER, the deposit is understood to have been given, with VICTOR CHITO reserving the right of non-refund, constituting from that moment a credit in favor of the CLIENT, retaining said amount paid for another photographic work that must be carried out within 12 months following the moment of cancellation of the contract.
In any case, this new job would be subject to negotiation according to the contractual conditions that the professional offered at the time of the new hire.
If the cancellation of the event or the contract occurs due to causes beyond the control of both parties, such as a declaration of national alarm, emergency, prohibition of events and/or travel, or any other fortuitous and unforeseeable cause that makes compliance with the contract in all its aspects impossible. terms, VICTOR CHITO undertakes to facilitate said compliance in the terms that are applicable, and may offer a change of date or conditions, always according to availability, and in accordance with the rules of good faith, reserving in all cases the professional's responsibility. decision right to return the deposit issued, according to the circumstances
DATA PROTECTION: In order to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, and following the Recommendations and Instructions issued by the Spanish Data Protection Agency (AEPD), by virtue of LO 15/1999, of December 13, on Protection of Personal Data, you are informed of that the personal data requested and provided by the CLIENT are incorporated into a privately owned file whose responsible and sole recipient is VICTOR CHITO. Only those data strictly necessary to adequately provide the requested services will be requested, and it may be necessary to collect contact data from third parties, such as legal representatives, guardians, or persons in charge designated by the CLIENT.
All data collected has a commitment to confidentiality, with legally established security measures, and under no circumstances are they transferred or processed by third parties, natural or legal, without the prior consent of the CLIENT, guardian or legal representative, except in those cases in which it is essential for the correct provision of the service.
Once the relationship between VICTOR CHITO and the CLIENT ends, the data will be archived for a minimum period of 12 months, after which they will continue to be archived or returned in full to the CLIENT. The data provided will be included in the Treatment called VICTOR CHITO Clients, with the CLIENT expressing his consent.
You are also informed of the possibility of exercising the rights of access, rectification, cancellation and opposition, indicating this in writing and in a reliable manner to VICTOR CHITO. Personal data will be transferred by VICTOR CHITO to the entities that provide services.
APPLICABLE JURISDICTION: Both parties, by common agreement, expressly renounce the jurisdiction that may correspond to them, designating and submitting for any controversy that may arise from the fulfillment of this contract to the Courts and Tribunals of Palma de Mallorca (Spain).