Terms and Conditions ENG

Introduction

Hi! Please review and accept the following terms of cooperation before initiating photographic activities and commissioning my services. I operate under the brand name „Fotograf od Rzeczy” as part of the Notofoto Studio company. Placing an order is equivalent to accepting these Terms and Conditions.

1. General Provisions and Communication

1.1. These terms and conditions specify the rules of cooperation between Notofoto Studio sp. z o. o. with its registered office at ul. Władysława Grabskiego 100/31, 35-312 Rzeszów, NIP [Tax ID]: 8133804144 (hereinafter referred to as the „Contractor”), and entities commissioning photographic services (hereinafter referred to as the „Ordering Party” or „Client”).

1.2. The Contractor provides services in the field of product photography (packshot), advertising photography, arranged photography, and content creation using AI tools.

1.3. Arrangements made by e-mail or in a dedicated contract, which differ from these Terms and Conditions, shall take precedence over its provisions.

1.4. Form of contact (E-mail Priority):

• The primary and only binding communication channel for matters concerning the scope of the order, pricing, acceptance of photos, and submitting revisions is electronic mail (e-mail).
• Any arrangements made by phone, in person, or via instant messengers (Messenger, WhatsApp, Signal, etc.) must be confirmed by e-mail under pain of nullity. The Contractor takes no responsibility for overlooking guidelines sent via channels other than e-mail.

2. Orders and Technical Specifications (Deliverables)

2.1. The condition for starting cooperation is the Client sending an inquiry and accepting the quote presented by the Contractor.

2.2. Brief: The Client is obliged to provide precise guidelines (the so-called Brief) via e-mail before the session begins. The Brief should include: examples of expected photos (inspirations), framing specifications, and information about the desired lighting and background. In the absence of a Brief, the Contractor will execute the order according to their own artistic vision and industry standards.

2.3. File format: The standard final product consists of digital files in JPG or PNG format (depending on arrangements), in a resolution of 72 DPI or 300 DPI, prepared for Internet publication.

2.4. RAW files: The Contractor does not provide raw RAW files or working files (PSD/TIFF) unless it has been explicitly agreed upon in the quote and covered by an additional fee.

3. Remuneration, Payments, and Debt Collection

3.1. Rates for services are determined individually or based on the current price list available on the website. Prices given in the offer are gross prices (The Contractor benefits from VAT exemption or issues a VAT Invoice – according to their current tax status).

3.2. Deposit: For orders valued over 1000 PLN or requiring exclusive studio reservation, the Contractor reserves the right to collect a non-refundable deposit amounting to 30-50% of the order value before commencing work.

3.3. Final settlement: After the acceptance of the photos (in accordance with point 4), the Contractor issues a final invoice with a payment term of 3 to 7 days (as agreed). The payment date indicated on the invoice is the final date for funds to reach the Contractor’s account.

3.4. Copyright Reservation (No license prior to payment): The transfer of proprietary copyrights or the granting of a license to use the materials occurs exclusively upon the crediting of the full remuneration amount to the Contractor’s bank account. Until full payment is made, the Client has no right to publish, distribute, or commercially use the received materials. Using the photos before paying the invoice constitutes copyright infringement and entails civil and criminal liability.

3.5. Payment Delays, Debt Registers, and Sale of Receivables: In the event of failure to pay on time, the Contractor will take immediate debt collection steps. The Client accepts that:

• They will be charged the maximum statutory interest and a lump-sum compensation for the costs of recovering receivables (40/70/100 EUR) in accordance with the Act on Counteracting Excessive Delays in Commercial Transactions.
• In the event of unsuccessful amicable debt collection, the Client’s data will be transferred to Economic Information Bureaus (e.g., KRD, BIG InfoMonitor), which results in an entry in the register of debtors.
• The Contractor reserves the right to sell the receivables (invoice) to specialized debt collection entities or securitization funds (assignment of receivables), which entails the loss of the possibility to negotiate with the Contractor.
• 3.6. Precautionary clause (100% prepayment): If the Client, during their first cooperation or any subsequent order, fails to settle the payment within the specified deadline, the execution of any future service for this Client will only be possible after making a 100% prepayment of the agreed remuneration before starting work. ¹
• 3.7. Suspension of work: In the event of a delay in payment for any stage of work or previous orders, the Contractor has the right to immediately suspend all ongoing work on other orders of the same Client until the arrears are settled.
• 3.8. Foreign clients: Entities registered outside the borders of Poland are obliged to pay 100% of the order value (based on a proforma invoice) before commencing work.

4. Execution, Acceptance, and Revisions

4.1. After the session, the Contractor sends the Client watermarked photos (raw or after initial selection) for preview and selection of shots.

4.2. Revisions (Retouching): The price of the order includes one round of standard revisions (retouching). A round of revisions is understood as a single, collective e-mail message containing a list of comments regarding the submitted materials.

4.3. Subsequent changes: Any subsequent rounds of revisions, as well as changes resulting from a change in the Client’s concept after the photos have been taken (inconsistent with the original Brief), are subject to an additional fee based on the graphic designer’s hourly rate.

4.4. Reshoot (Session repetition): A free reshoot is granted exclusively if the photos are inconsistent with the provided written Brief or contain technical errors.

4.5. Concept change: If the photos are technically correct and consistent with the Brief, and the Client wishes to change the concept (e.g., different angle, different lighting, change of product), a repeated session is 100% payable.

4.6. Nature of the service and complaints (Payment for time and skills): The Client acknowledges that photography is an artistic work, and the service involves dedicating the Contractor’s time and skills. The Client’s subjective aesthetic evaluation („I don’t like it”), in a situation where the photos are technically correct and consistent with the provided Brief, does not exempt them from the obligation to pay 100% of the remuneration. Regulations regarding the return of physical goods do not apply here.

4.7. Tacit acceptance: Failure by the Client to report comments within 5 working days from the dispatch of the materials is considered their acceptance.

5. Logistics and Responsibility for Products

5.1. Products for the session are delivered at the Client’s expense and risk (courier, personal delivery).

5.2. Security: The Contractor makes every effort to care for the entrusted property. The Contractor’s liability is limited to the amount of remuneration for a given order or to the amount of civil liability (OC) insurance. Products valued over 5000 PLN must be additionally insured by the Client.

5.3. Product wear and tear: The Client accepts the fact that the photographing process may involve compromising packaging, removing protective films, or minor product wear and tear.

5.4. Collection and Storage (Payment security): Products are sent back at the Client’s expense (via a courier ordered by the Client) only after the payment for the final invoice has been credited. The Contractor has the right to withhold the release of the goods until the dues are settled.

5.5. Uncollected goods: In the case of uncollected products or failure to pay the invoice within 30 days from the completion of the order, the Contractor has the right to charge a storage fee (50 PLN net/week) or dispose of the products at the Client’s expense.

6. Copyright and Intellectual Property

6.1. Standard Packshots (photos on a white background): Upon payment of the full remuneration (see point 3.4), the Contractor transfers the proprietary copyrights to the taken packshot photos to the Client, without territorial and temporal limitations, in the fields of exploitation covering: recording, multiplying by any technique, introducing to trading, and public sharing (Internet, e-commerce, social media, print).

6.2. Advertising (arranged) Photography and Videos: In the case of image, arranged, and creative sessions, the Contractor grants the Client a non-exclusive license for a period of 5 years (unless the contract states otherwise) without territorial limitations (Worldwide). The transfer of full proprietary rights to advertising photos and videos requires a separate quote.

6.3. AI Materials: In the case of AI image generation services, the Contractor grants the right to use the graphics to the extent permitted by the terms and conditions of the AI tools, without a guarantee of copyright exclusivity.

6.4. Contractor’s Portfolio: The Contractor reserves the right to use the created materials in their portfolio for the purpose of promoting their own work.

7. Data Protection and Confidentiality

7.1. The administrator of the Client’s personal data is Notofoto Studio sp. z o. o. Data is processed exclusively for the purpose of executing the contract.

7.2. The Contractor commits to keeping confidential any information about the Client’s products that have not yet had their market premiere, provided that such confidentiality is explicitly stipulated.

8. Final Provisions

8.1. In matters not covered by these terms and conditions, the provisions of the Civil Code and the Act on Copyright and Related Rights shall apply.

8.2. Force majeure: The Parties are not liable for the non-performance of the service resulting from force majeure. A new execution date is then agreed upon.

8.3. All disputes will be resolved primarily through negotiations. In the absence of an agreement, the competent court is the court having jurisdiction over the Contractor’s registered office.

8.4. The Contractor reserves the right to change these terms and conditions. For orders accepted before the change, the version in force on the day the order was accepted shall apply.

Last update: January 7, 2026