General terms and conditions

General terms and conditions Justin Manders Photography

J. Manders h.o.d.n. Justin Manders Fotografie (hereinafter JMF) is registered with the Chamber of Commerce under number 74634003 and has its registered office at Zeestraat 9 (2691KA) in 's-Gravenzande.

Article 1 - Definitions

In these general terms and conditions, the following terms are used in the following sense unless expressly stated otherwise.
Company: The natural or legal person acting in the exercise of a profession or business.
Consumer: The natural person not acting in the exercise of a profession or business.
Service provider: The Service Provider offering Services to the Client.
Client: The Company or Consumer who has engaged JMF, granted projects to JMF for Services performed by JMF, or to whom JMF has made a proposal under an Agreement.
Offer: Any offer or quotation to the Client to perform Services or supply products by JMF.
Services: JMF offers both corporate and private photography services such as business photography, wedding photography, boudoir photography and portrait photography.
Agreement: Any Agreement and other obligations between Client and JMF, as well as proposals by JMF for Services or products provided by JMF to the Client, which are accepted by the Client and have been accepted and implemented by JMF with which these general terms and conditions form an indissoluble whole.
Digital Products: All digital files provided by JMF, including but not limited to digital photographs, videos and other digital files.
Physical Products: All physical goods supplied by JMF, including but not limited to photo prints, albums, canvases and other physical materials.

Article 2 - Applicability

These general terms and conditions apply to any Offer by JMF, any Agreement between JMF and Client and any service and each product offered by JMF.
Before an Agreement is concluded, the Client will be provided with these general terms and conditions. If this is not reasonably possible, JMF will indicate to the Client how the Client can inspect the general terms and conditions.
Deviation from these general terms and conditions is not possible. In exceptional situations the general terms and conditions may be deviated from insofar as this is explicitly agreed in writing with JMF.
These general terms and conditions also apply to additional, amended and follow-up orders from the Client.
The general terms and conditions of the Client are excluded.
If one or more provisions of these general terms and conditions are partially or wholly void or annulled, the remaining provisions of these general terms and conditions shall remain in force, and the void/annulled provision(s) shall be replaced by a provision with the same purport as the original provision.
Uncertainties about the content, interpretation or situations not regulated in these general terms and conditions shall be assessed and explained according to the spirit of these general terms and conditions.
The applicability of Sections 7:404 and 7:407 (2) of the Civil Code is explicitly excluded.
Where reference is made in these general terms and conditions to she/him/him, this should also be construed as a reference to he/she/him, if and to the extent applicable.

Article 3 - The Offer

All Offers made by JMF are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer.
JMF is only bound by an Offer if it is confirmed in writing by the Client within 14 days, unless agreed otherwise. Nevertheless, JMF is entitled to refuse an Agreement with a (potential) Client for a reason that is valid for JMF.
The Offer contains a description of the Services and products offered. The description is sufficiently specified to enable the Client to make a proper assessment of the Offer. Any details in the Offer are only indicative and cannot be a ground for any compensation or dissolution of the Agreement.
Offers or quotations do not automatically apply to follow-up orders.
Delivery dates in JMF's Offer are in principle indicative and if exceeded do not entitle the Client to dissolution or compensation, unless expressly agreed otherwise.

Article 4 - Conclusion of the Agreement

The Agreement is concluded when the Client has accepted an Offer or Agreement from JMF by paying the down payment.
JMF is not bound by an Offer if the Client could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Client cannot derive any rights from this mistake or clerical error.
If the Client cancels an order that has already been confirmed, the actual costs already incurred (including time spent) will be charged to the Client.
Any Agreement entered into with JMF or any project awarded to JMF by the Client is vested in the company and not in any individual person associated with JMF.
The right of withdrawal of Customer being a Business is excluded, unless agreed otherwise. The Client being a Consumer has the right of withdrawal during the statutory period of 14 days, unless JMF has already commenced the Services with the consent of the Client or delivery of products. Client waives its right of withdrawal through this consent.
If the Agreement is entered into by more than one Principal, each Principal shall be jointly and severally liable for the fulfilment of all obligations arising from the Agreement.

Article 5 - Duration of the Agreement

The Agreement is entered into for a definite period, unless the content, nature or tenor of the assignment implies that it is entered into for an indefinite period. The duration of the assignment also depends on external factors including, but not limited to, the speed at which the photographs can be taken.
Both the Client and JMF may dissolve the Agreement on the grounds of an attributable failure to perform the Agreement if the other party is given written notice of default and a reasonable term to perform its obligations and it still fails to properly fulfil its obligations at that time. This also includes the Customer's payment and cooperation obligations.
Dissolution of the Agreement will not affect the Client's payment obligations insofar as JMF has already carried out work or provided performance at the time of dissolution. The Client must pay the agreed compensation.
In the event of early termination of the Agreement, the Client shall owe JMF the costs actually incurred up to that point at the agreed rate.
The Client being a Consumer may cancel the Agreement free of charge by e-mail up to two months before the commencement date. In the event of cancellation as of two months before the commencement date, JMF is entitled to withhold the down payment, which will not be refunded.
If the Client being a Company cancels an Agreement that has already been concluded, the following costs will be charged. In the event of cancellation up to one month before the commencement date, the Principal will be charged 20% of the offer amount. Up to three weeks to the commencement date, 50% of the offer amount will be charged, and up to one week before the commencement date, 75% of the offer amount will be charged. JMF is at all times entitled to charge higher costs if it has incurred more costs for the performance of the Agreement.
Both the Client and JMF may terminate all or part of the Agreement in writing with immediate effect, without further notice of default, in the event that one of the parties is in suspension of payments, bankruptcy is applied for or the company concerned ends up being liquidated. If a situation as referred to above arises, JMF is never obliged to repay monies already received and/or to pay compensation.
If the appointment cannot take place due to adverse weather conditions or force majeure on the part of JMF, the parties will consult to reschedule the appointment. Costs already incurred will be borne by the Client, unless agreed otherwise.

Article 6 - Performance of services

JMF will endeavour to perform the agreed service with the utmost care as may be expected of a good service provider. JMF guarantees professional and independent service provision. All Services are performed on the basis of an obligation to perform to the best of one's ability, unless a result has been explicitly agreed in writing which is described in detail.
The Agreement under which JMF performs the Services is leading for the scope and extent of the services. The Agreement will only be performed for the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
The information and data provided by the Client are the basis on which the Services offered by JMF and the prices are based. JMF is entitled to adjust its Services and its prices if the information provided turns out to be incorrect and/or incomplete.
Before JMF commences the Services, an introductory meeting will take place, unless agreed otherwise. The Client must inform JMF either during the interview or in any event prior to commencement of the Work, of any circumstances that are or may be relevant including any points and priorities for which the Client wishes attention.
When performing the Services, JMF is not obliged or obliged to follow the Client's instructions if this changes the content or scope of the agreed Services. If the directions result in further work for JMF, the Client shall be obliged to reimburse the additional additional costs accordingly on the basis of a new quotation.
JMF is entitled to engage third parties to perform the Services at its discretion.
If the nature and duration of the assignment so require, JMF will keep the Client informed of progress in the interim via the agreed method.
The performance of the Services is based on the information provided by the Client. If the information has to be changed, this may affect any established planning. Under no circumstances is JMF liable for adjusting the planning. If the commencement, progress or delivery of the Services is delayed because, for instance, the Client has not supplied all the information requested or has not supplied it on time or in the required format, does not cooperate sufficiently, any advance payment has not been received on time by JMF, or there is a delay due to other circumstances that are at the expense and risk of the Client, JMF is entitled to a reasonable extension of the delivery period. Any damage and additional costs resulting from a delay due to a cause as referred to above will be at the Client's expense and risk.
If damage occurs to JMF's equipment at the Client's location, and the damage is the result of a cause attributable to the Client and/or its employees or third parties engaged by the Client, the Client is obliged to compensate JMF in full for the damage suffered.
Client will receive the photos after Client has paid the agreed amount in full.
The Client is not allowed to hire another photographer besides JMF.
If the Client is hampered by family members or other invitees at the time the wedding photography is carried out and JMF cannot capture certain moments as a result, JMF shall never be liable for the absence of certain photos.
If Client also books a videographer, Client must make a choice whether the videographer or JMF is leading. If the videographer is leading, JMF may take fewer pictures.
If Client wishes to use the photobooth service, JMF will place the photobooth at the agreed location of Client. Client must ensure that the location is accessible by car. Power outlets should also be available. The use of the photobooth may be subject to further conditions of use and/or rental.
In the case of boudoir photography, Client must be at least 18 years of age; to this end, Client will be required to provide proof of identity upon request.

Article 7 - Obligations of the Client

The Client is obliged to provide all information requested by JMF as well as relevant attachments and related information and data in time and/or before commencement of the work and in the desired form for the correct and efficient execution of the Agreement. Failing this, JMF may be unable to carry out and/or deliver the photographs in full. The consequences of such a situation will at all times be at the Client's expense and risk.
JMF is not obliged to check the accuracy and/or completeness of the information provided to it or to update Client regarding the information if it has changed over time, nor is JMF responsible for the accuracy and completeness of the information compiled by JMF for third parties and/or provided to third parties under the Agreement.
JMF may, if necessary for the performance of the Agreement, request additional information. Failing this JMF is entitled to suspend its work until it receives the information, without being liable to pay any compensation to the Client on any account whatsoever. In the event of changed circumstances the Client must notify JMF thereof immediately, or no later than 3 working days after the change has become known.
If the Client provides a location or makes its own (business) space available to JMF, the space must meet the requirements set by JMF.

Article 8 - Photography

The performance of photography work includes photo editing, unless otherwise agreed.
Photography is an expression of creativity and taste. If the Client agrees to the quotation, the Client also agrees to JMF's photography style and approach. JMF is entitled to carry out the work according to its own insight and creativity, taking into account the Client's wishes.
If, in order to execute the Agreement effectively, JMF is forced to hire additional material or a room, or has to increase the number of photos, or if it turns out afterwards that more time is needed for editing, additional costs may be charged. JMF will inform the Client of this in good time.
JMF may require the Client to make additional arrangements regarding the execution, costs or duration of the assignment if, in JMF's opinion, weather conditions or other external factors prevent effective performance of the Agreement. Such circumstances may in such case give cause to perform additional work.
The copyright on photographic works is held exclusively by JMF, unless explicitly agreed otherwise. Permission to use a photographic work by the Client is only granted in writing and in advance in the form of a licence as determined by JMF. With regard to the transferability of copyrights, naming on photographic works or infringement of JMF's copyrights, Article 19 of these general terms and conditions applies.
The Client is not allowed to use the photos for commercial or non-profit purposes, unless otherwise agreed.
If the Client requests ownership on the photographic works, this can only be transferred with the explicit consent of JMF where additional charges will apply.
The Client may only receive photos approved and edited by JMF. Client is never entitled to 'raw', unedited photos.

Article 9 - Delivery

The delivery term is never a fatal term, the guideline being the agreed date, unless explicitly agreed otherwise. JMF shall deliver the photo report to be developed when, in its professional opinion, it meets the Client's specifications, which may deviate from the agreed delivery date.
If performance is to be carried out in phases, or if the Client must give its approval, JMF is entitled to suspend performance of the Agreement or the term of delivery until the Client has given its approval. The Client must then evaluate and approve or reject the work delivered within 7 days of delivery. If Principal does not reject the delivery within this period, the delivery shall be deemed to have been accepted. Client may not base an approval or rejection in a later phase on aspects that have already been approved in an earlier phase.
JMF shall make every effort to provide the service within the agreed term, insofar as this can reasonably be required of it. If there is urgency, the Client is obliged to pay the corresponding fee.
JMF has the right to sign all the works it delivers or to mention its name or have it mentioned. He is also entitled to use all his works, designs and all matters subject to his intellectual property rights for his own promotion and/or publicity without (prior) explicit permission from the Client.
The Client is not allowed to edit the delivered photos himself.

Article 10 - Additional work and changes

If during the performance of the Agreement it appears that the Agreement needs to be amended, or at the request of the Client further work is required to achieve the desired result of the Client, the Client is obliged to pay for this additional work in accordance with the agreed rate. JMF is not obliged to comply with this request, and may require the Client to conclude a separate Agreement for this purpose and/or to refer it to an authorised third party.
If the additional work is the result of JMF's negligence, JMF made a wrong estimate or could have reasonably foreseen the work in question, these costs will not be passed on to the Client.

Article 11 - Prices and payment

All prices are in principle exclusive of sales tax (VAT), unless otherwise agreed.
JMF conducts its services and deliveries out in accordance with the agreed (hourly) rate or price.
If and to the extent that for the provision of certain services or deliveries a fixed price has been agreed, and performing those services or deliveries leads to additional work that cannot reasonably be considered to be included in the fixed price, JMF is entitled to charge the additional costs to the Client.
Travel expenses are included in the price. Parking costs incurred by JMF on behalf of the Client may be passed on to the Client, unless otherwise agreed.
Any additional costs shall be borne by the Client.
The Client is obliged to fully reimburse the costs of third parties used by JMF after approval by the Client, unless explicitly agreed otherwise. This includes expenses for a location, styling, make-up artist and props.
The parties may agree that the Client should pay a down payment. If an advance payment has been agreed, the Client must pay the advance payment before the performance of the services is commenced or delivery of products.
The remaining amount is to be paid afterwards, unless otherwise agreed (such as partial delivery).
The client cannot derive any rights or expectations from an estimate issued in advance, unless the parties have expressly agreed otherwise.
JMF is entitled to increase the applicable prices and rates annually in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as they are explicitly stipulated in the Agreement.
The client must pay these costs in a lump sum, without set-off or suspension, within the specified payment period of no later than 14 calendar days as stated on the invoice, to the account number and details of JMF made known to it.
In case of liquidation, insolvency, bankruptcy, involuntary liquidation or petition for payment against the Client, the payment and all other obligations of the Client under the Agreement shall become immediately due and payable.

Article 12 - Delivery of Digital and Physical Products

After full payment of the amounts due, JMF will proceed to deliver the ordered Digital Products and/or Physical Products as agreed in the Agreement.
Digital Products are, unless otherwise agreed, delivered by electronic means, such as via e-mail or a download link.
Physical Products be delivered to the address specified by the Customer. The delivery time of Physical Products is indicated as accurately as possible, but is always indicative.
The cost of delivery of Physical Products shall be borne by the Customer, unless otherwise agreed.

Article 13 - Right of withdrawal and return policy

Customer being a Consumer has the right to dissolve the Agreement related to the purchase of Physical Products within 14 days without giving reasons (right of withdrawal). This period starts the day after the Customer has received the product.
To exercise the right of withdrawal, the Client must inform JMF of the decision to withdraw from the Agreement via an unequivocal statement.
During the withdrawal period, Client shall handle the product and its packaging with care. Client shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product.
Client is liable for depreciation of the product due to a way of handling the product that goes beyond what is allowed in paragraph 3.
Digital Products are excluded from the right of withdrawal, as these are products delivered in full immediately after payment and with the consent of the Client.
Personalised products and customised Physical Products are also excluded from the right of withdrawal.

Article 14 - Guarantee and conformity

JMF guarantees that the products delivered comply with the Agreement, the specifications stated in the Offer, reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the Agreement was concluded.
If the delivered product does not comply with the Agreement, the Client must inform JMF of this within a reasonable term after the discovery of the defect.
If it is demonstrated that the product does not comply with the Agreement, JMF has the option to repair, replace or refund the invoice value of the product in question.

Article 15 - Retention of title

All products delivered by JMF in the context of the Agreement remain JMF's property until the Client has properly fulfilled all obligations under the Agreement(s) concluded with JMF.
Client is not authorised to pledge or otherwise encumber the items subject to retention of title.
If third parties seize goods delivered under retention of title or wish to create or assert rights to them, the Customer is obliged to inform JMF thereof as soon as may reasonably be expected.

Article 16 - Transfer of risk

The risk of loss of or damage to the products that are the subject of the Agreement shall pass to the Customer at the time they are actually delivered to the Customer and thereby brought under the control of the Customer or a third party designated by the Customer.

Article 17 - Rights of use and Restrictions on Digital Products

After full payment, the Customer acquires the non-exclusive, non-transferable right to use the delivered Digital Products for personal purposes.
The Customer is not permitted to reproduce, disclose or provide the Digital Products to third parties for commercial purposes without JMF's prior written consent.
Customer is obliged to respect all intellectual property rights on the Digital Products.

Article 18 - Additional Provisions for Sale of Products

If the delivery of products is delayed due to circumstances not attributable to JMF, the delivery period will be extended by the duration of the delay.
JMF is entitled to execute the Agreement in parts and to invoice the part thus executed separately.

Article 19 - Intellectual property rights

All IP rights and copyrights of JMF including in any case, but not limited to all designs, models, photographs and products, shall belong exclusively to JMF and shall not be transferred to the Client unless expressly agreed otherwise.
If it is agreed that one or more of the aforementioned items or works of JMF are transferred to the Client, JMF is entitled to conclude a separate Agreement for that purpose and to demand an appropriate monetary payment from the Client. Such compensation must be paid by the Client before it acquires the relevant items or works with the IP rights vested in them.
The Client is prohibited from disclosing and/or reproducing, amending or making available to third parties (including use for commercial purposes) any documents that are subject to JMF's IP rights and copyrights without JMF's express prior written consent. If the Client wishes to make changes to items delivered by JMF, JMF must explicitly approve the intended changes.
JMF shall at all times retain the right to mention its name on the photographic works it produces (ex Article 25 of the Copyright Act). The Client is not allowed to remove or change any indication concerning copyrights, brands, trade names or other intellectual property rights from the works.
Unless agreed otherwise, the Client acquires a right of use of the works made on its instructions. The Client is prohibited from using the items and documents on which JMF's intellectual property rights rest other than as agreed in the Agreement. If the Client makes any changes without JMF's prior written consent, the Client shall owe an immediately payable penalty of €2,500 and €250 for each day that the breach continues.
The parties will inform each other and take joint action if IP rights are infringed.
Any infringement by the Client of JMF's IP rights (and copyrights) shall be punished by a one-off fine in the amount of €10,000 (in words: ten thousand euros) and a fine of €100 (in words: one hundred euros) for each day that the infringement continues.
Client gives permission to JMF to post the photos taken on its website and/or social media channels for advertising and promotional purposes.

Article 20 - Collection policy

If the Customer does not meet its payment obligation, and has not fulfilled its obligation within the stipulated payment term of 14 calendar days, the Customer being a Business shall be in default by operation of law. Customer being a Consumer will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation with an indication of the extrajudicial costs if Consumer does not meet her obligations within that term, before she is in default.
From the date that the Client is in default, JMF will be entitled, without further notice of default, to statutory commercial interest from the first day of default until full payment, and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated in accordance with the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
If JMF has incurred more or higher costs that are reasonably necessary, these costs will be eligible for reimbursement. The full legal and execution costs incurred will also be borne by the Client.

Article 21 - Privacy, data processing and security

JMF will treat the Client's (personal) data with care and will only use them in accordance with the applicable standards. If requested, JMF will inform the data subject accordingly. Questions about the processing of personal data and further information may be sent by e-mail to info@justinmanders.nl.
Client is himself responsible for the processing of data processed using a service of JMF. The Client also guarantees that the content of the data is not unlawful and does not infringe any third-party rights. In this context the Client indemnifies JMF against any claim (legal or otherwise) relating to these data or the performance of the Agreement.
If the Agreement requires JMF to provide information security, such security will comply with the agreed specifications and a security level that is not unreasonable, given the state of the art, the sensitivity of the data and the associated costs.

Article 22 - Suspension and dissolution

JMF is entitled to retain the data, data files and more it has received or realised if the Client has not yet fulfilled its payment obligations (in full). This right remains in full force if a justifiable reason for JMF arises that justifies suspension in that case.
JMF is authorised to suspend fulfilment of its obligations as soon as the Client is in default of any obligation arising from the Agreement, including late payment of its invoices. The suspension will immediately be confirmed to the Customer in writing.
In that case, JMF will not be liable for any damage, on any grounds whatsoever, as a result of the suspension of its work.
The suspension (and/or dissolution) shall not affect the Client's payment obligations for work already performed. Furthermore, the Client is obliged to compensate JMF for any financial loss suffered by JMF as a result of the Client's default.

Article 23 - Force majeure

JMF shall not be liable if it cannot fulfil its obligations under the Agreement as a result of a force majeure situation.
Force majeure on the part of JMF means in any case, but is not limited to: (i) force majeure of JMF's suppliers, (ii) failure to properly fulfil obligations of suppliers prescribed or recommended to JMF by the Client or its third parties, (iii) defectiveness of software or any third parties involved in the performance of the service, (iv) government measures, (v) failure of electricity, internet, data network and/or telecommunication facilities, (vi) illness of (employees of) JMF or third parties engaged by it, and (vii) other situations that, in JMF's opinion, fall outside its sphere of influence and temporarily or permanently prevent it from fulfilling its obligations.
In case of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. All costs incurred prior to the dissolution of the Agreement will in that case be paid by the Client. JMF shall not be obliged to compensate the Client for any losses caused by such rescission.

Article 24 - Limitation of liability

If any result stipulated in the Agreement is not achieved, a shortcoming by JMF shall only be deemed to exist if JMF explicitly promised this result when accepting the Agreement.
If there is an attributable failure by JMF, JMF is only obliged to pay any compensation if the Client has given JMF notice of default within 14 days of discovering the failure and JMF has not subsequently rectified this failure within a reasonable term. The notice of default must be submitted in writing and contain an accurate description/substantiation of the failure, so that JMF is able to respond adequately.
If the provision of Services or deliveries by JMF leads to JMF's liability, such liability will be limited to the total amount invoiced under the Agreement, but only in respect of the direct damage suffered by the Client, unless the damage is the result of an intentional act or omission or fault on JMF's part. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, the determination of the cause of the damage, the direct damage, the liability and the manner of repair. Liability is further limited to the maximum amount paid out by the insurance company per claim per year.
JMF expressly excludes all liability for consequential damage. JMF is not liable for consequential damage, indirect damage, trading loss, loss of profits and/or losses suffered, missed savings, damage due to business stagnation, asset losses, delay damage, interest damage and immaterial damage.
The client indemnifies JMF against all claims by third parties due to a defect resulting from a service or product which was provided by the Client to a third party and consisted in part of Services provided by JMF or products, unless Client can prove that the damage was caused solely by the service whether the product From JMF.
JMF does not guarantee the correct and complete transmission of the content of and e-mail sent by/on behalf of JMF, nor its timely receipt.
Any claims by the Client for shortcomings on the part of JMF will lapse if these are not reported to JMF in writing, stating reasons, within one year after the Client was aware or could reasonably have been aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, JMF's liability lapses.

Article 25 - Confidentiality

JMF and the Client undertake to keep confidential all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected to be confidential information. Confidentiality does not apply if the information concerned is already public/general knowledge, the information is not confidential and/or the information was not disclosed to JMF during the Agreement with the Client and/or was obtained by JMF in any other way.
JMF will always exercise due care when dealing with any business-sensitive information provided by the Client.
If, on the basis of a statutory provision or a judicial decision, JMF is obliged to (also) disclose confidential information to a third party designated by the law or a competent court, and JMF cannot invoke a right to refuse to disclose, JMF is not obliged to pay any compensation and does not provide the Client with any grounds for terminating the Agreement.
The transfer or distribution of information to third parties and/or publication of statements, advice or productions provided by JMF to third parties requires JMF's written consent, unless such consent is expressly agreed in advance. The Client shall indemnify JMF against any claims by such third parties as a result of reliance on such information distributed without JMF's written consent.
The confidentiality obligation shall also impose on JMF and the Client any third parties they engage.

Article 26 - Indemnity and accuracy of information

The Client is itself responsible for the accuracy, reliability and completeness of any data, information, documents and/or records, in any form whatsoever, that it provides to JMF in the context of an Agreement, as well as for the data that it has obtained from third parties and which have been provided to JMF for the purposes of performing the Service.
The Client shall indemnify JMF against any liability pursuant to failure to comply with the obligations relating to the timely provision of all accurate, reliable and complete data, information, documents and/or records.
The Client shall indemnify JMF against all claims of the Client and third parties engaged by it or working under it, as well as of clients of the Client, based on the failure to obtain, or to obtain in a timely manner, any permissions required in the context of the performance of the Agreement.
The Client indemnifies JMF against any third-party claims arising from the work performed for the Client, including but not limited to intellectual property rights on the data and information provided by the Client that may be used in the performance of the Agreement and/or the Client's acts or omissions vis-à-vis third parties.
If the Client provides electronic files, software or information carriers to JMF, the Client guarantees that they are free of viruses and defects.

Article 27 - Complaints

If the Client is not satisfied with JMF's service or otherwise has complaints about the performance of its assignment, the Client is obliged to report these complaints as soon as possible, but at the latest within 7 calendar days of the relevant occasion that led to the complaint. Complaints may be reported verbally or in writing via info@justinmanders.nl with the subject line "Complaint".
The complaint must be sufficiently substantiated and/or explained by the Client for JMF to be able to handle the complaint.
JMF will respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
The parties will try to reach a solution jointly.

Article 28 - Applicable law

The legal relationship between JMF and the Client is governed by Dutch law.
JMF is entitled to amend these general terms and conditions and will inform the Client accordingly.
All disputes arising from or as a result of the Agreement between JMF and the Client shall be settled by the competent court of The Hague District Court (location The Hague), unless provisions of mandatory law designate another competent court.

's-Gravenzande, 30 September 2024