I. General

1. The following Terms and Conditions of Delivery and Business (hereinafter referred to as T&CoB) apply to all jobs, offers, deliveries, and services carried out by the photographer. Following the initial binding agreement, these also become applicable to all future business transactions. By placing an order and/or by downloading the first image the client/user acknowledges the applicability of these T&CoB.
2. The client’s and/or user’s counter-confirmations referring to his own T&CoB will become binding only if expressly and in writing acknowledged by Marko Lipuš. These T&CoB take precedence over the client’s/user’s T&CoB. For the purposes of these T&CoB photographs are all works made available to the client irrespective of their creative stage or their technical form.
3. The site www.literaturfoto.net offers online sales of digital photographs. The access, image search, and downloads are free of charge.

II. Rights of Use

1. As a rule, the client/user purchases the basic right to a one-time use of the photograph(s) only.
2. Exclusive rights and retention periods require a separate agreement and a declaration of release.
3. The client/user does not have the right to, partially or entirely, transfer the right of use granted to him to a third party, including branches or subsidiaries of the same company.
4. Any use or reproduction of the photograph(s) is allowed solely on condition that a Section 74, Paragraph 2.3. copyright notice as specified by the photographer is displayed clearly assigned to the respective image.
5. When in doubt, the scope of use stipulated in the photographer’s – Marko Lipuš – invoice shall legally apply.
6. Any alteration of the image requires the express written permission of the photographer.

III. Fees

1. Any use of the image material is subject to charge. Rates are to be agreed upon prior to using the material and depend on the type and scope of use (please see Item III of the Table of Fees of these T&CoB). The client/user is obligated to present the data necessary for the purposes of image design before using the material.
2. Unless otherwise expressly agreed, the fees agreements apply solely to a one-off publication and the stated purpose. An image is purchased for a specific purpose! The image may be used for this specific purpose only! Any further use is subject to a new charge and requires a new permission from the photographer.
3. The agreed rate is applicable. Fees are exclusive of the respective valid VAT.
4. Invoices are due and payable on receipt and without deductions. Banking fees and postage as well as other costs arising in connection with the payment are to be borne by the client/user.
5. Table of Fees:

Image Fees

 Weekly newspaper (editorial application, national)

 Glossy magazines, member newsletters, supplements (editorial application, national)

 Professional magazines, event and programme brochures, invitations (national)

Books, illustrated books, exhibition catalogues

 Paperback, original edition

- All prices are in Euro/net excl. VAT.
- Changes are possible depending on agreement.
- Internet/website use and prices on request.
- Fees in respect of promotional application (advertisements and the like) are to be negotiated directly with the image copyright holder (Marko Lipuš/www.literaturfoto.net).

IV. Copyright notice/publication copy

1. When published, the copyright notice must read as follows: “www.literaturfoto.net/Marko Lipuš”
2. The client/user is obligated to attach this copyright notice to the photographs when publishing. In case of failure to fulfil this obligation, a surcharge amounting to 100% of the agreed and/or claiming basic fee will apply. Prior to publication at least one complete publication copy is to be sent without prompting.

V. Contractual penalties, blocking, damages

1. In the event of unlawful (without the photographer’s permission) use, application, reproduction, or passing on of the image material, a contractual penalty amounting to five times the normal usage fee is to be paid for every individual violation. The right to claim further damages is reserved.
2. In the event of a missing publication copy or a settlement without a publication copy, or a settlement without any details as to which image was used, its position, and in which publication, a contractual penalty amounting to 50% of the normal usage fee is to be paid.

VI. Liability/Guarantee

1. The photographer Marko Lipuš is not liable in case a person captured in an image disagrees with the publication for certain reasons. The client/user is fully liable in such a case as well as where a public application violates the personality rights arising from the individual’s right to his/her own image. Any claims for damages arising from the above-mentioned violations are to be made against the client/user.
2. The photographer does not guarantee the actuality, correctness, completeness, or quality of the information provided. All offers are without engagement and non-binding. The photographer expressly reserves the right to change, supplement, delete, or to, temporarily or finally, cease publishing the entire range or its parts without notice.
3. The author herewith expressly declares that at the time the hyperlinks were inserted, no illegal content was detectable on the linked sites. The author has no influence on the content or the authorship of the linked/connected sites whatsoever. Therefore, he distances himself herewith expressly from all content of all linked/connected sites which have been altered after the links were inserted. The partner to the agreement bears all shipping costs and carries all risks in respect of all shipped packages. There is no liability for insignificant faults. Differences in colour are considered insignificant.
4. Guarantees are based on regulations as stipulated in the Austrian Civil Code.

VII. Jurisdiction

1. The law of the Republic of Austria is applicable as agreed, including international deliveries.
2. For subcontracts or addendums to the T&CoB to be binding, they must be made in writing.
3. The place of fulfilment and of jurisdiction is the photographer’s place of residence.

Please contact www.literaturfoto.net if you have any questions.
office@literaturfoto.net
Tel.: +43(0)699 12143841

Terms and conditions of delivery and business 04/2006,
Marko Lipuš