General terms and conditions

PREAMBLE

These general terms and conditions of sale (hereinafter referred to as "GTC") are concluded between Jenny Kiss, "The Service Provider," and any natural or legal person, consumer or professional, hereinafter referred to as "The Client," wishing to make a purchase related to the services offered by the Service Provider.

Article 1 – PURPOSE

The GTC of the Service Provider, whose business headquarters are located at 82/2 rue de Campine, 4000 Liège, VAT number BE 0753.522.526, define the respective obligations of the contracting parties concerning photo and video service provisions.

The signing of a quote or its acceptance by electronic means entails the express acknowledgment and acceptance of these GTC.

Any deviations from these GTC may only be made with the written agreement of the Service Provider. The Service Provider reserves the right to modify these GTC at any time, and such modifications will apply to any order placed after the date of modification. In case of contradiction between the GTC of the Service Provider and those of the Client, the GTC of the Service Provider shall prevail.

Article 2 – QUOTATION AND ORDER DETAILS

The Service Provider performs the agreed work as outlined in the quote. Each client request will be analyzed via phone or during a client meeting. A summary of the Client’s request will be included in the quote. Once validated, the order cannot be modified. If the Client wishes to modify the content, they must submit their request in writing, and the Service Provider will provide an estimate of the additional costs, which must be approved before any modification. An additional delay will also be required for these modifications.

In case of unilateral cancellation of an order by the Client:

• If cancellation occurs before the start of the shooting service, the Service Provider is entitled to retain the deposit paid by the Client at the acceptance of the quote. This deposit serves as lump-sum compensation covering preparation costs, including but not limited to drafting the shot list, film script, and any other necessary preparations.
• If cancellation occurs after the shooting service has begun, the Client remains liable for the full amount covering the shooting and preparation costs (excluding VAT). If the quote is a flat-rate quote, 2/3 of the total service amount (excluding VAT) will be invoiced, compensating for the work already performed and non-recoverable costs.

To validate an order, a deposit of 25% of the total amount (estimated or firm quote) excluding VAT is required.
For a photo session with a “shooting session fee”, this fee serves as the deposit.

This deposit is payable upon confirmation of the quote and no later than 7 days after receipt of the deposit invoice.
The balance of the order will be invoiced upon provisional delivery of the photos.

Prices are set in Euros. Quotes and invoices are sent electronically. The acceptance of the quotes and these GTC is confirmed by signing the quote and returning it to the Service Provider via email.

Each offer stated in a quote is valid for fifteen calendar days, unless otherwise specified. Once this period has expired, the Service Provider may revise the quote at any time, without being required to notify the Client.

Article 3 – BILLING AND PAYMENT

All invoices must be paid in full via bank transfer to the following account:

BE90 0689 3866 9532. Prices are in Euros.

Unless otherwise agreed (before signing the quote), invoices must be paid within 10 calendar days from the date of receipt.

Failure to pay by the due date will automatically and without notice result in:

• A penalty fee of 15% on the outstanding amount, with a minimum charge of €50.
• Late interest of 12% per annum.
• Administrative fees of €12.50.
• Debt collection fees will be invoiced accordingly.

Any dispute must be made by registered mail with acknowledgment of receipt within eight business days from the invoice date.

As stated in Article 2, an order is validated once the deposit has been paid. This deposit amounts to:

• 25% of the total pre-tax service amount (estimated or firm quote).
  OR
• The fixed fee for the photo session (excluding VAT).

The balance of the order is invoiced upon provisional receipt of the product. Provisional receipt is defined as:

• A beta version of the video (before final retouching and possible adjustments requested by the Client).
• Unedited shots placed in a selection gallery, allowing the Client to choose their preferred images (the invoice is sent once the selection is made).
• Express delivery of one or more images for press or social media purposes (express delivery is any request for delivery within 48 hours after the shoot; additional fees may apply).
• A gallery including all event photo coverage (edited or unedited).

For a quote exceeding €5,000 excluding VAT, the deposit remains unchanged, but a 50% installment of the total amount (excluding VAT) will be invoiced upon provisional receipt, with the balance invoiced after final delivery.

For orders where the price varies based on the number of images selected, the Client chooses their desired images via the favorites menu on the selection gallery provided on www.jennykiss.be. Once the number of selected images is confirmed, the Service Provider will begin retouching. If the Client changes their mind about the number of images after retouching has begun, the Service Provider reserves the right to invoice 75% of the price per image already retouched.

For time-based work, the Service Provider will maintain clear timesheets, which will be provided as an invoice attachment. Any quarter-hour started is a quarter-hour billed.

Article 4 – DELIVERY DEADLINES

Each project is unique, and delivery deadlines will be estimated and communicated by the Service Provider. The Service Provider commits to accommodating the Client’s time constraints to the best of their ability.

For example: early delivery of selected images for press purposes. However, these constraints must be communicated before the Service Provider issues a quote. If necessary, express delivery fees may apply.

If the Service Provider depends on external elements provided by the Client (logos, graphic designs, sound files), the production timeline will only begin once all necessary materials have been received.

In the event of force majeure (unforeseeable and unavoidable circumstances) preventing, delaying, or reducing service execution, the Service Provider shall not be held liable. Possible circumstances include:

• Equipment failure (photographic or computing).
• Social unrest or strikes.
• Fire or extreme weather conditions preventing the shoot.
• War, pandemic, or government-imposed restrictions.

If the service cannot be rescheduled (e.g., an event’s one-time anniversary celebration), the Service Provider will issue a full refund but shall not be liable for damages or additional costs.

Force majeure also includes illness, defined as an external, unforeseeable event preventing service execution (e.g., accident, death). Either Party may invoke this clause if force majeure is established. In such cases, the service will be rescheduled to a later date.

Article 5 – TERMS OF USE OF CREATED IMAGES AND COPYRIGHT

Upon full payment of the agreed amount to the Service Provider, invoices serve as a transfer of economic rights under Book XI, Titles 5 and 6 of the Belgian Economic Law Code, relating to the works created and provided to the Client. 25% of the total pre-tax invoice amount represents the compensation for this transfer of rights.

The Client expressly agrees that the author, the Service Provider, retains full moral rights over the images. The Service Provider reserves the right to use images for educational, promotional, or scientific purposes, unless the Client explicitly requests in writing that specific images remain confidential (for example, if they contain sensitive business information).

The moral rights of the Service Provider over the images (photos/videos) are not transferable. Therefore, the Client must credit the Service Provider when publishing the images.

For more details on economic and moral rights, please refer to the official Belgian resource: Intellectual property

Third-party content:
If the Client provides audio or graphic files for integration into a photo or video project, the Service Provider is not responsible for their quality. These files must comply with third-party intellectual property laws. The Service Provider reserves the right to reject any content that appears to infringe on intellectual property rights.

Additionally, any sounds or music provided by the Service Provider for a video project may not be used separately outside of the final video.

Article 6 – FINAL DELIVERY AND FILE STORAGE

The final delivery of the service occurs when all agreed photos or video files have been sent to the Client.

The Service Provider is not obligated to store RAW files, JPEGs, or unedited video footage (rushes) after the final delivery. The Service Provider cannot be held liable for the loss or theft of the final delivered files once they have been provided to the Client.

Article 7 – DELIVERY FORMAT AND CONDITIONS

Photographs: Delivered as high-resolution digital files

• Maximum file size: 10MB per image
• Resolution: 300 dpi
• Color profile: sRGB
• Optimized for screen sharpness

Videos:

• Format: .mp4, compressed in H.264
• Other formats may be provided upon request, before final delivery.
• If a specific technical format is required (e.g., for cinema or specialized screenings), the Client must provide technical specifications before production begins.

If the Client requires a different delivery format, they must request it before the images are processed.

Article 8 – IMAGE INTEGRITY AND MODIFICATION

Strictly prohibited without prior written consent from the Service Provider:

• Editing or modifying delivered images
• Applying filters or AI-based retouching
• Cropping or altering the images

The images reflect the artistic work and technical expertise of the Service Provider. Any unauthorized modification may compromise the quality of the work and result in legal action, including the immediate revocation of usage rights.

Article 9 – DISPUTES OVER FINAL PRODUCT

If the Client disputes the final product, they must notify the Service Provider within eight (8) calendar days via registered mail with acknowledgment of receipt.

After this period, the Client is deemed to fully accept the delivered work, and no further claims will be accepted.

Article 10 – ARTISTIC PROCESSING

The Service Provider will edit and enhance the images in accordance with their artistic vision and expertise. The Service Provider retains full control over the final artistic rendering of the delivered work.

Key points:

• Post-processing (retouching and color adjustments) is an integral part of the artistic work.
• The Service Provider is solely responsible for selecting and applying the final artistic treatment.
• Once the retouching process is complete, the Client will receive the final version in writing.

Additional retouching requests:
If the Client requests further modifications after approval, an hourly rate of €99 excluding VAT will apply. All requests must be confirmed by email.

For video editing, the number of modifications must be agreed upon in advance. In the case of hourly-rate billing, additional modifications will be charged accordingly.

The Client acknowledges that color and contrast variations may occur between different screens and printing methods. The Service Provider works on a calibrated monitor (97% sRGB) to ensure optimal color fidelity.

Article 11 – RESPONSIBILITIES

Client's responsibilities:

• The Client must ensure that all required permissions (personal, moral, or administrative) have been obtained for the production and usage of the images.
• The Client guarantees that they hold the legal rights to use the photos and videos as intended.

Force majeure and unforeseen circumstances:

In case of:

• Severe weather conditions (storms, heavy rain, etc.) making the session impossible
• Technical failures of photographic or computing equipment
• Strikes, accidents, pandemics, or government-imposed restrictions

The Service Provider may suspend or reschedule the session without terminating the contract. No refunds will be issued in such cases.

Article 12 – CONFIDENTIALITY

The Service Provider respects the Client's personal and confidential data. All personal data is stored securely in an encrypted client database.

The Service Provider will not disclose any personal data unless required by legal authorities.

The Client may request modification or deletion of their personal data at any time via email.

Article 13 – MODIFICATIONS TO THE GTC

The Service Provider reserves the right to modify these GTC at any time. Any changes will apply to all future orders, including additional or related services linked to an earlier order.

Article 14 – GOVERNING LAW

These GTC and all services provided by the Service Provider are subject to Belgian law.

In the event of a dispute, the Court of Liège shall have exclusive jurisdiction, except in cases where European regulations (Rome I and Rome II) require otherwise.

Article 15 – SPECIFIC TERMS FOR "SIGNATURE PORTRAITS"

General Provisions

These terms apply exclusively to " Signature Portraits" services. In the event of any discrepancy between the general terms and these specific conditions, the present specific conditions shall prevail. For any point not explicitly mentioned in this section, the general GTC shall remain fully applicable, including those related to applicable law, jurisdiction, and any other provisions not explicitly modified here.

Booking and Payment

Any booking implies full and unconditional acceptance of these GTC. The Client acknowledges having read and understood both the general and specific terms before confirming their booking.

• The booking is confirmed only after payment of a deposit of €50 (VAT included), which is non-refundable in case of cancellation.
• The remaining balance must be paid on the day of the session via instant bank transfer, QR code, or cash.

Rescheduling and Cancellation

A session appointment can be rescheduled under the following conditions:

• More than 24 hours in advance: Rescheduling is possible at no extra cost via the rescheduling link provided at the time of booking.
• Less than 24 hours in advance: The initial deposit is retained, and a new deposit will be required to book a new time slot.

Cancellation: Any cancellation of the service results in the retention of the €50 VAT-included deposit to compensate for the reserved time slot and organizational efforts.

Session Process

• The session takes place primarily indoors to ensure optimal lighting control. An outdoor session may be considered, subject to ideal lighting conditions, at the discretion of the Service Provider.
• The Client is responsible for their clothing, hairstyle, beard grooming, and overall preparation. For example, if the Client arrives with a wrinkled shirt or inappropriate attire, they cannot hold the Service Provider responsible for how these elements appear in the final photos. The Service Provider guarantees the technical quality of the portraits and the achievement of visually pleasing images but cannot be held responsible if the Client’s attire, hairstyle, or environment does not meet professional standards.
• The Client is also responsible for preparing the location. A clear and harmonious space is recommended to ensure clean and professional images. The Service Provider reserves the right to adjust the background according to the constraints of the location.

Satisfaction Guarantee

The Service Provider ensures the Client’s satisfaction throughout the session by validating the images progressively with them. This process allows for real-time adjustments to the artistic direction and guarantees that the portraits meet the Client’s expectations and preferences.

Once the session is completed, the Client’s validation is considered final. If, in the exceptional case that no image is satisfactory during the session, no retouching will be performed, and the service will be canceled, with the deposit retained as compensation for the reserved time and work performed.

Once the images are delivered, the order is considered final and cannot be canceled. However, the Client may request modifications to the retouching within five calendar days following the delivery of the retouched images. Retouching is included in the service. All retouching is performed while respecting the authenticity of the portrait and the aesthetic validated during the session.

Modifications Not Included in Retouching

• Change of hairstyle or hair color
• Significant modifications to body morphology
• Removal of elements present in the scene at the time of the photo session

The scenes are validated in real-time with the Client during the session, meaning that the Client confirms their satisfaction with the images before the session ends. The Client is therefore responsible for their appearance and any visible accessories in the images. For example, if an undesirable object (such as a watch, jewelry, or decorative element) appears in the photo, it is the Client’s responsibility to remove it before the shoot. No removal will be performed in post-production.

All retouching is done while preserving the authenticity of the portrait and the aesthetic validated together during the session.

Image Delivery

• Portraits are delivered within seven business days.
• An express delivery option within 24 hours is available for €90 excluding VAT.
• The Client may select their three preferred portraits from a selection of unedited shots via a private gallery (additional charge of €65 excluding VAT). If no selection is made, the Service Provider will choose the most suitable portraits.

Image Usage

The general provisions of the GTC, particularly those stated in Article 5 regarding image usage, fully apply to "Signature Portraits" services. The following additional terms specify certain aspects unique to this service.

• The Service Provider reserves the right to use selected images from sessions to showcase their work (website, social media, portfolio, etc.). However, they will always inform the Client beforehand.
• If the Client does not wish for their portraits to be used for promotional purposes, they may submit a written request, and their preference will be respected without condition.