terms and conditions
These terms and conditions apply to all offers and agreements, deliveries and services of any nature whatsoever between Christopher Ward (trading under the name anenglishman) and the client. Deviations and additions are only binding if and insofar as they have been explicitly agreed upon between the parties in writing. Any amendment, addendum or deviation to these terms and conditions shall be the subject of a written agreement.
Unless stated otherwise in writing, Christopher Ward’s quotations are always without obligation. Christopher Ward may at all times withdraw these quotations without giving any reason as long as these quotations have not been confirmed in writing by himself or by the client. Every order placed is binding on the client, but Christopher Ward only commits itself after written confirmation or commencement of execution. The prices are always subject to revision depending on the date of the quotation, the period of execution and unforeseen changes in the work.
Assignments must be confirmed in writing by the client. If the client fails to do so and the assignment is confirmed by Christopher Ward and no objections are raised within 8 days of receipt, the content of this confirmation shall apply. If neither party confirms the assignment in writing and Christopher Ward has started to carry out the assignment with the client’s consent, the client shall be deemed to have issued the assignment in accordance with the offer. Verbal agreements and stipulations are only binding on Christopher Ward after they have been confirmed by Christopher Ward in writing.
provision of data
The client is obliged to do all that is reasonably necessary or desirable to enable timely and correct delivery by Christopher, in particular by timely delivery of complete, sound and clear data and necessary materials. The client undertakes to answer all Christopher Ward’s questions regarding the work and to ensure that all information provided is true and correct.
warranty delivered materials
The materials supplied by the client for publication are the sole responsibility of the client, including any and all rights, contributions and taxes of any nature whatsoever, which are mentioned on the materials, both in text and image. Christopher Ward reserves the right to process the information provided for publication autonomously and without any interference. The client undertakes to compensate Christopher Ward for any right of privacy or publicity or any other right of any other party.
No exclusivity is given to the client in any form whatsoever.
term of delivery
Because of Christopher Ward, stating delivery times does not imply any guarantee. A delay can under no circumstances give rise to the payment of damages or the dissolution of the agreement.
The copyright and the exclusive right of development, concept, design in respect of the preliminary and final work and of the developments, concepts and designs as well as in respect of the copies of the product subsequently produced, belong to Christopher Ward. As long as no other written agreement is entered into between Christopher Ward and the client regarding the transfer of copyright or the exclusive right of development, concept and design, these rights remain with Christopher Ward. As long as no other agreements are made between Christopher Ward and the client regarding the transfer of ownership of the materials made available by Christopher Ward to the client, these remain the property of Christopher Ward.
The entire copyright in the Photographs and videos are retained by Christopher Ward at all times throughout the world.
Christopher Ward supplies the technical and artistic ability to illustrate an idea photographically and sells the right to reproduce those photographs in a given context. No property or copyright in any photographs shall pass to the Client whether on its submission or on Christopher Ward’s grant of reproduction rights in respect thereof.
Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
Title to all Photographs remains the property of Christopher Ward. When the Licence to Use the material has time limitations and has expired the Photographs must be returned to Christopher Ward in good condition within 30 days.
Christopher Ward guarantees that the goods and/or service supplied have been designed by or on behalf of Christopher Ward, that Christopher Ward is regarded as the creator within the meaning of the Copyright Act and that Christopher Ward can dispose of the work as the copyright owner.
examination of the existence of duties
Unless expressly agreed, the assignment does not include conducting research into the existence of trademark rights, drawing or design protection, patent rights, copyrights and portrait rights of third parties. The same applies to the possibility of such forms of protection for the client.
Christopher Ward is at all times entitled to sign the work and/or have her name mentioned in any publication. Without prior permission, the client is not permitted to publish or reproduce the work without mentioning Christopher Ward’s name.
use and licence
When the client fully complies with his obligations under the agreement with Christopher Ward, he thereby acquires the exclusive right to use the work in so far as this concerns the right of publication and reproduction in accordance with the destinations agreed upon at the time of the assignment. In the event of wider use than agreed, a new agreement with regard to the rights of use must be concluded between the parties.
The client is not permitted to make any changes to the provisional or definitive works without Christopher Ward’s written permission. Christopher Ward cannot withhold this permission if it is contrary to reasonableness. The client must be the first to give Christopher Ward the opportunity to carry out any changes it wishes. A fee must be paid for this on the basis of Christopher Ward’s usual rates.
As long as no further agreements have been made about this, Christopher Ward is free to use the work for his own publicity and advertising.
fees and associated costs
Naast het overeengekomen honorarium komen de kosten die Christopher Ward voor de uitvoering van de opdracht maakt en die niet vallen onder zijn normale overheadkosten voor vergoeding in aanmerking.
fee in the event of an amended assignment
If Christopher Ward is forced to perform more or other work due to late or non-delivery of complete, sound and clear data/materials or due to a changed or incorrect order and/or briefing, this work will be honoured separately.
The fee agreed upon between the parties also includes the remuneration for the exclusive right to use the work, insofar as this concerns the right of publication and reproduction in accordance with the purposes as agreed upon in the assignment.
obligation to pay
All prices quoted are exclusive of VAT. Unless otherwise agreed in writing with Christopher Ward, all invoice payments must be made to the registered office address within thirty days of the invoice date.
The interest of 10.5% per calendar month shall run, ipso jure and without notice of default, from the due date of the invoices. This interest depends on the reference index of the European Central Bank. In the event of non-payment on the due date, Christopher Ward will automatically and without notice of default, without prejudice to interest and any legal costs:
* may suspend contracts in progress. In the event of non-payment on the due date, Christopher Ward is free to suspend the above presentation from the system without the client being entitled to any compensation.
* the total amount of each invoice which has not been paid on the due date, increased by the fixed, conventional compensation equal to 15% of the total amount due with a minimum of EUR 123.95, this because of the additional administrative and financial costs which the non-payment entails, without prejudice to the claim for compensation for all resulting damages.
Both extrajudicial and judicial collection and discount costs incurred in connection with late payment shall be borne by the client.
Any mediator is and remains responsible for the payment of all placements he entrusts to Christopher Ward, even if the invoice is made out in a different name.
If the client fails to fulfil his payment obligation, all rights transferred by Christopher Ward to the client within the agreement will be suspended until such time as these payment obligations have been fulfilled. In that case, the client is not permitted to use the goods and/or services made available to him.
Payments can only be made to account number ING 377-0182133-04 IBAN: BE10 3770 1821 3304 BIC: BBRU BE BB of Christopher Ward.
Any cancellation of the order by the client for the execution of the work ordered must be made by registered letter and is only valid subject to written acceptance by Christopher Ward. In such cases, the client must pay Christopher Ward’s full fee as Christopher Ward would accrue upon full performance of the order, as well as all additional costs incurred up to that time.
termination of assignment
In the event of circumstances beyond Christopher Ward’s control, as a result of which Christopher Ward cannot reasonably be expected to continue fulfilling the assignment, Christopher Ward shall be entitled to resign from the assignment without being liable for any compensation or guarantee. In this case, he is entitled to the fee for the work performed up to that moment and to reimbursement of the costs incurred up to that moment and he is obliged to make the results achieved available to the client. If conduct or actions on the part of the client cause that Christopher Ward cannot reasonably be expected to perform the assignment any further, Christopher Ward is entitled to the full fee relating to the assignment, in addition to the right to resign.
Christopher Ward can never be held liable for errors in the information provided, which is the sole responsibility of the client. Nor can he be held responsible for any temporary unavailability of the information published by the client, whatever the reason. Due to the specific nature of the goods and services offered, Christopher Ward cannot give any guarantee of any kind and mistakes and/or errors with regard to the publication of the data of the client can under no circumstances give rise to compensation, but these mistakes and/or errors will be rectified within a short period of time. Christopher Ward can never be held liable for errors made by third parties.
limitation of liability
Christopher Ward’s liability for damages arising from an agreement with a client is always limited to the amount of Christopher Ward’s fee.
The client is obliged, where reasonably possible, to retain copies of materials and data until the assignment has been fulfilled. If the client fails to do so, Christopher Ward cannot be held liable for damage that would not have occurred if these copies had not existed.
The client’s general and special terms and conditions do not bind Christopher Ward except if and insofar as they do not conflict with the present terms and conditions and insofar as Christopher Ward has accepted the applicability of such terms and conditions in writing.
Any dispute relating to the conclusion, validity, interpretation or execution of this agreement between Christopher Ward and the client, and of the agreements derived therefrom, shall be governed by Belgian law and shall fall under the exclusive jurisdiction of the courts and the peace courts of the judicial district of Bruges.