I. INTRODUCTORY PROVISIONS
1.1 Scope and Purpose of Terms
These General Terms and Conditions (hereinafter: Terms) contain the general conditions for the use of photography services provided by Tibszabo Visuals (Tibor Szabó sole proprietor) (hereinafter: Service Provider).
1.2 Service Provider Information
1.3 Acceptance of Terms
By ordering the Service Provider's services, the Client declares that they have read and accept the provisions of these Terms. The Terms are an inseparable part of the contract.
1.4 Data Processing Information
Information regarding the processing of personal data is available in a separate document, the Privacy Policy, which is available on the website.
II. DEFINITIONS
- Service Provider: Tibszabo Visuals (Tibor Szabó sole proprietor)
- Client: natural or legal person using the photography services
- Service: the totality of photography services
- Contract: agreement between the Service Provider and Client
- Photography: photographic activity specified in the contract
- Final Product: image material to be delivered according to the contract
III. SERVICES
3.1 Scope of Services
The Service Provider offers the following photography services:
Portrait Photography:
- Individual portraits
- Family portraits
- Business portraits
- CV photos
Event Photography:
- Wedding photography
- Family events
- Children photography
- Couple photography
Other Services:
- Product photography
- Lifestyle photography
- Creative photo projects
3.2 Detailed Service Conditions
The specific conditions of individual services (time, location, number of photos, price, completion deadline) are contained in the individual order, which the parties record in writing (by email).
IV. CONTRACT FORMATION
4.1 Contract Formation
The contract is formed by the Service Provider's written acceptance of the Client's written (email) order. The Service Provider confirms the contract in a confirmation email.
4.2 Offer and Acceptance
- The Client makes an offer through the contact information
- The Service Provider responds within 48 hours
- Upon acceptance, the Service Provider confirms the main conditions
- The final contract is formed after agreement on details
4.3 Contract Content
The contract must include:
- Type and details of the service
- Location and time of photography
- Amount of consideration
- Completion deadline
- Number and format of photos to be delivered
V. PRICES AND PAYMENT TERMS
5.1 Pricing
Prices are determined based on individual quotations, taking into account:
- Type and duration of service
- Location
- Number of photos to be delivered
- Special requirements
5.2 Payment Terms
Booking Fee:
- 30% booking fee payable upon contract formation
- The booking fee is part of the total price
- Payable by bank transfer or cash
Total Amount:
- On the service day or at latest upon photo delivery
- Performance is against invoice
- Payment method: cash or bank transfer
5.3 Late Payment Interest
In case of late payment, the Service Provider is entitled to charge late payment interest according to the Civil Code.
VI. PERFORMANCE AND DEADLINES
6.1 Service Performance
The Service Provider undertakes to:
- Appear at the agreed time and location
- Perform photography at professional standard
- Create the number of photos specified in the contract
- Deliver photos in the agreed format
6.2 Delivery Deadlines
Standard delivery times:
- Portrait photography: 7-14 days
- Event photography: 14-21 days
- Special projects: according to individual agreement
Express delivery:
- Within 3-5 days for additional fee
- Prior agreement required
6.3 Delivery Method
- Online gallery: private link sent
- Cloud-based sharing: Google Drive, WeTransfer
- USB/DVD: for additional fee
- Printing: as separate service
VII. CANCELLATION AND MODIFICATION TERMS
7.1 Client Cancellation Rights
- More than 30 days before: Free cancellation, full refund of booking fee
- 30-14 days before photography: 50% cancellation fee, 50% refund of booking fee
- 14-7 days before photography: 75% cancellation fee, 25% refund of booking fee
- Within 7 days or on the day: 100% cancellation fee, booking fee non-refundable
7.2 Time Modification
- First time: free (30 days in advance)
- Further modifications: 15,000 HUF administrative fee
- Last minute: new cancellation fee calculation
7.3 Service Provider Cancellation Rights
The Service Provider is entitled to cancel the contract due to:
- Force majeure (illness, weather conditions)
- Technical reasons (equipment failure)
- Client breach of contract
In case of cancellation, the Service Provider refunds the full amount.
VIII. COPYRIGHT AND USAGE RIGHTS
8.1 Copyright Principles
The copyright of the created photographs belongs exclusively to the Service Provider according to Act LXXVI of 1999 (Copyright Act). By paying the fee, the Client does not acquire copyright, only usage rights within the framework specified in the contract.
8.2 Service Provider Rights
The Service Provider - as the author of the photos - is entitled to unlimited use of the created images:
- For portfolio purposes
- For marketing and advertising activities
- For social media appearances
- For professional competition entries
- For exhibition presentations
- For website gallery uploads
- For other business purposes
8.3 Client Usage Rights
The Client acquires the following usage rights:
Personal use:
- Unlimited personal use
- Family sharing
- Personal printing
- Home display
Social media use:
- Sharing on social platforms
- Mandatory source attribution: "@tibszabovisuals" or "Tibszabo Visuals photo"
Business use:
- Limited business use according to the original order purpose
- E.g. corporate portrait: website, business cards, LinkedIn profile
8.4 Prohibited Uses
The Client is not entitled to:
- Sell images for commercial purposes
- Grant additional usage rights to third parties
- Modify or manipulate images (except minor edits)
- Remove copyright notices
- Sell images as stock photos
8.5 Exclusive Usage Rights
If the Client wishes to acquire exclusive ownership rights over the images:
- Separate agreement required
- Significantly higher compensation applicable
- 3-5 times the original service fee
- Considering: place, time, method, purpose of use
8.6 Credit and Source Attribution
Mandatory source attribution for all public use:
- Social media: "@tibszabovisuals"
- Website: "Photo: Tibszabo Visuals"
- Printed material: "Tibszabo Visuals photographer"
8.7 Digital Negatives Ownership
Ownership of digital negatives and raw materials remains with the Service Provider. The Client receives only the delivered, processed images with usage rights.
IX. QUALITY GUARANTEES AND LIABILITY
9.1 Quality Requirements
The Service Provider guarantees:
- Technically flawless image quality
- Professionally created photographs
- Delivery of the quantity specified in the contract
9.2 Complaints
- Complaint deadline: 7 days from receipt of images
- Complaint method: written (email) notification
- Processing: within 15 days
9.3 Liability Limitation
The Service Provider's liability is excluded in case of:
- Force majeure events
- Damages caused by the Client
- Disruption caused by third parties
- Unexpected failure of technical equipment
9.4 Insurance
The Service Provider has professional liability insurance that covers damages occurring during the service.
X. RIGHT OF WITHDRAWAL (FOR CONSUMERS)
10.1 Exercising Right of Withdrawal
The consumer is entitled to withdraw from the contract within 14 days without justification, provided that:
- Service performance has not yet begun
- Written declaration is made
10.2 Consequences of Withdrawal
In case of withdrawal:
- The Service Provider refunds the fee within 14 days
- The Client bears return costs (if any)
10.3 Exclusion of Right of Withdrawal
The right of withdrawal ceases:
- After service performance has begun
- On the day of photography
- In case of personalized service
XI. COMPLAINT HANDLING
11.1 Complaint Submission Method
Complaint notification:
- Email: hello@tibszabovisuals.com
- Postal address: 2654 Romhány, Május 1 telep 14.
11.2 Complaint Handling Process
- Complaint registration: written notification
- Investigation: 15 days
- Position statement: written response within 30 days
- Remedy: compensation or service repetition if necessary
11.3 Mediation Board
In case of unsuccessful complaint handling, the consumer may contact:
Mediation Board
- Address: County Chamber of Commerce and Industry
- Website: www.mkik.hu
- Phone: +36 1 488 7000
XII. FORCE MAJEURE (UNPREVENTABLE EXTERNAL CAUSE)
12.1 Force Majeure Events
Force majeure includes:
- Extreme weather conditions
- Natural disasters
- Epidemic measures
- Service Provider illness
- Transportation obstacles
12.2 Force Majeure Consequences
In case of force majeure:
- Contract performance is suspended
- New time arrangement is necessary
- Cost sharing based on fairness
- Full refund in case of cancellation
XIII. SPECIAL PROVISIONS
13.1 Wedding Photography Special Conditions
- Backup photographer: substitute provided in case of illness
- Additional time: overtime fee 15,000 HUF/hour
- Travel costs: for distances over 50 km
- Accommodation costs: for two-day weddings
13.2 Studio Photography Rules
- Time frame: punctuality expected
- Props: bringing own props is possible
- Makeup/hair: separate service, separate fee
- Companions: maximum 2 people
13.3 Location Photography Rules
- Permits: Client's responsibility
- Public area photography: locations with permits
- Private property: owner's permission required
- Parking fees: paid by Client
XIV. DATA PROTECTION REFERENCE
Detailed information regarding the processing of personal data is available in the separate Privacy Policy, which can be accessed:
- On website: privacy policy
- By email: sent upon request
- In printed form: available for personal pickup
XV. FINAL PROVISIONS
15.1 Effective Date
These Terms enter into force on December 20, 2024.
15.2 Right to Modify
The Service Provider reserves the right to modify these Terms. Clients are informed of modifications through the website. Contracts already concluded are subject to the Terms in effect at the time of modification.
15.3 Applicable Law
Hungarian law governs these Terms and related legal relationships, particularly:
- Act V of 2013 on the Civil Code
- Act LXXVI of 1999 on Copyright
- Act CLV of 1997 on Consumer Protection
15.4 Dispute Resolution
The Service Provider and Client intend to resolve legal disputes primarily through peaceful negotiation. In case of failure, the competent Hungarian court decides.
15.5 Partial Invalidity
If any provision of these Terms becomes invalid, it does not affect the validity of other provisions.
Effective: from December 20, 2024
Last Modified: December 20, 2024
Tibszabo Visuals
Sole Proprietor
Issued: Romhány, December 20, 2024
These Terms contain only the contractual conditions. Information regarding data processing is available in a separate document.