General Terms and Conditions (T&Cs)
As of: 20 June 2025
§ 1 Scope and subject matter of the contract
These General Terms and Conditions (T&Cs) apply to all contracts for photographic services, web design, web development, SEO services, content creation (text and video) as well as the related consulting services between Martin Fernando Mera Kleinheinz, Franz-Bork-Straße 21, 30163 Hannover (hereinafter "Photographer") and his clients (hereinafter "Client").
These T&Cs do not apply to the purchase of digital products (e.g. online courses, presets) that are distributed via the external payment provider Digistore24. For such purchases, only the terms and conditions of Digistore24 apply, which can be viewed and accepted during the checkout process.
The Photographer's offers are aimed at both businesses (§ 14 BGB) and consumers (§ 13 BGB), unless otherwise specified in the individual offer.
Deviating conditions of the Client will not be recognised unless the Photographer expressly agrees to their validity in writing.
§ 2 Services and offer
The Photographer offers photographic services (service contract / Dienstvertrag) as well as web design, web development and content creation (contract for work / Werkvertrag). The precise scope of the services to be rendered (type, duration, location, style) is set out in the description of services in the written offer to the Client.
The services offered include in particular:
- Web design and development (Next.js/React)
- Search engine optimisation (SEO)
- Content planning and creation (pillar content)
- Video marketing
- Technical migration
- Business photography (employee photos, portraits, image photography)
- Event photography and reportage
- Social media photography and the creation of reels
- Portrait photography
The Photographer is entitled to call on third parties or vicarious agents (e.g. assistants, second photographers) to perform his contractual obligations.
Unless otherwise agreed, the final works are delivered in digital, edited form via an online gallery or a download link.
§ 3 Conclusion of contract
A contract is concluded once the Photographer has sent a written offer (e.g. as a PDF by email) and the Client unambiguously accepts that offer in writing (e.g. by email).
The Photographer's public presence (website, social media) constitutes an invitation to the Client to submit an offer. The Photographer is not obliged to accept every assignment.
§ 4 Rights of use and copyright
All works created by the Photographer (in particular photos, videos, texts and the program or script code of the website) are protected by copyright. Copyright always remains with the Photographer.
Upon full payment of the agreed fee (see § 5a), the Client receives a comprehensive right of use, unlimited in content, time and territory, to the final works that form the subject of the contract.
Unless otherwise agreed, the right of use covers the use of the works for the Client's own advertising purposes in their own and third-party media (e.g. website, social media, brochures).
Any commercial transfer or resale of the works to third parties is not permitted.
For every publication of photos and videos, the Client undertakes to name the Photographer as author (e.g. "Photo: Martin Kleinheinz" or by tagging the social media profiles @martinkleinheinz). The obligation to credit the author does not apply to source code and texts.
The Photographer is entitled to use the works he creates for self-promotion (e.g. on his website, in his portfolio, on social media), unless something else has been expressly agreed in writing.
§ 5 Fees and payment terms
The fee for photographic services is set out in the offer either as a flat rate or on a daily-rate basis. A "day" defined in the offer covers a working time of up to 8 hours.
Travel costs within Hannover are included in the flat rate. Travel and accommodation costs incurred for assignments outside Hannover are itemised separately in the offer and borne by the Client.
Additional costs necessary to carry out the assignment (e.g. location rental, model fees, special permits) are not included in the price and will be assumed by the Client by prior arrangement.
The fee is determined by the flat rates and hourly rates set out in the offer. Payments are made in accordance with the payment terms agreed in the individual offer (e.g. advance payment, two or more instalments) and on the due dates stated therein. All payments are to be transferred to the bank account stated in the invoice.
If the Client falls into default of payment, the Photographer is entitled to withhold delivery of the works until full payment has been received.
§ 5a Retention of title and transfer of rights
The granting of the rights of use to all works (website code, texts, photos, videos) under § 4 only takes place upon full payment of the agreed total fee.
Until full payment is made, ownership and all rights of use remain with the Photographer.
Until full payment, the Client is not entitled to put the website live or otherwise make it publicly accessible, unless this was expressly agreed in the offer for the release of the design.
§ 6 Client's duties to cooperate
The Client ensures that the Photographer receives all information and materials necessary to fulfil the assignment (e.g. logos, schedules, contact persons) in good time.
The Client provides all necessary access data (e.g. hosting access, domain provider, Google services) without undue delay and ensures compliance with their duties to cooperate.
The Client is responsible for obtaining the necessary consents from all persons to be depicted in the recordings (in particular under the GDPR). Upon request, the Client must provide written evidence of this.
The Client is responsible for obtaining all necessary consents and rights (model releases) from the persons who appear in the video testimonials and indemnifies the Photographer against any third-party claims in this respect.
The Client ensures access to the shooting locations and informs the Photographer about any restrictions or special conditions.
§ 7 Cancellation, no-show and liability
If an agreed appointment cannot be attended by the Client, this must be communicated to the Photographer as soon as possible. If the Client cancels the assignment, the Photographer is entitled to charge a cancellation fee:
- Cancellation up to 14 days before the appointment: 25% of the agreed fee.
- Cancellation up to 7 days before the appointment: 50% of the agreed fee.
- Cancellation less than 7 days before the appointment: 75% of the agreed fee.
If the Photographer cannot attend the appointment due to force majeure (e.g. accident, sudden serious illness), he will do his best to find a qualified replacement photographer. There is no entitlement to this. In such cases any advance payment made will be refunded; further claims for damages are excluded.
The Photographer is liable without limitation only for intent and gross negligence. In cases of slight negligence, he is only liable for breaches of essential contractual obligations.
After delivery, the Client is solely responsible for backing up the delivered data. The Photographer is not obliged to archive the original files after completion of the project.
§ 7a Special provisions for SEO and web development
Services in the area of SEO consulting, content planning and the revision of Google My Business are provided as a service contract (Dienstvertrag). Success (e.g. achieving a specific ranking, an increase in traffic or a higher conversion rate) cannot be guaranteed due to the constant changes in search engine algorithms and the competitive environment. The Photographer only owes the effort to perform the service professionally.
The Photographer assumes no liability for losses of ranking or visibility caused by the technical migration (go-live) or by subsequent changes made by the Client or third parties.
When new technologies such as Next.js and Vercel are used, the Photographer is not liable for their availability, future compatibility or the licence terms of the respective providers.
§ 8 Acceptance and creative discretion
After delivery of the image selection, the Client has the opportunity to request changes within the scope of the agreed revision round.
If the Client does not request any changes within 7 calendar days of the selection being made available, the works are deemed to be accepted.
Photography is art. The Client acknowledges the artistic creative discretion of the Photographer. Complaints regarding the photographic interpretation, the shooting style or the artistic editing are excluded, provided they do not deviate significantly from previously presented work samples of the Photographer.
§ 8a Acceptance of the website
The Photographer makes the completed work (website on a staging server) available to the Client for review and acceptance.
The Client is obliged to review the work for conformity with the contract, functionality and the absence of significant defects without undue delay, but no later than within 10 working days of being made available (acceptance period).
Acceptance is deemed to have taken place if the Client does not assert a written and detailed notice of defects within the acceptance period.
Minor defects that do not significantly impair the functionality of the website do not entitle the Client to refuse acceptance. The Photographer undertakes to remedy such defects under warranty.
§ 9 Termination
Insofar as the services are rendered wholly or partly as a contract for work (e.g. web design / development), the Client has the right of termination pursuant to § 648 BGB.
If the Client terminates the contract, the Photographer retains the claim to the agreed fee. However, he must have credited to him whatever he saves in expenses as a result of the termination of the contract or earns or wilfully refrains from earning through other use of his labour.
The burden of proof for the saving lies with the Client. It is presumed that, in the event of a termination 14 days after the conclusion of the contract, at least 25% of the total fee is due to the Photographer.
§ 10 Final provisions
The law of the Federal Republic of Germany applies.
Place of performance and jurisdiction is Hannover, provided the Client is a merchant within the meaning of the German Commercial Code.
Should individual provisions of these T&Cs be or become invalid, the validity of the remaining provisions shall remain unaffected.