Terms and Conditions

Our policy in details,

without any hidden points

The Privacy Policy of our Service contains
the whole process of the project,
details our customer-friendly attitude
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GENERAL TERMS AND CONDITIONS

concerning taking standing and rounded in 360 degrees photos of goods, shooting commercials with the purpose of video-marketing, making visual graphical projects, designing packings, and designing other communicational products with marketing purpose.

Endre Fleisz

Retail Contracor

1. Standard Contractual Terms (hereinafter: SCTs)

1.1 System of the SCTs

Each documents concerning taking standing and rounded in 360 degrees photos of goods, shooting commercials (synopsis, story board, interior and exterior preparations connecting to shootings, editing,  making audio and visual effects, making animations in 3D) performing visual and graphical projects, designing packings and brands, making preparation works for printing, fabricationing and providing other marketingcommunicational services) shall be interpreted in accordence with these Standard Contractual Terms, and with the individual contracts concluded by and between the parties, with the orders of the Customer and with Data Handling and Data Protection Regulations disclosed by the Provider. The provisions of these SCTs and terms of the individual conracts together seem to be accepted as valid unless the Parties provide otherwise. The Provisions of these SCTs shall become the part of the individual contracts without any singular action.

1.2 Determination of the SCTs

Based on the Hungarian Civil Code: the SCTs mean contract terms which have been unilaterally drafted in advance by one of the parties for several transactions involving different parties, and which have not been individually negotiated by the parties. Contractual terms which have not been individually negotiated shall become part of a contract only if they have previously been made available to the other party for perusal before the conclusion of the contract, and if the other party has accepted those terms. The other party shall be explicitly informed of any standard contractual terms that differs substantially from the relevant legislation and from usual contractual practice, except if they are in line with any practice the parties have established between themselves. The other party shall be explicitly informed of any standard contractual terms that differs substantially from any stipulations previously applied by the same parties.

1.3 The scope of the SCTs

These SCTs concern individual contracts which objects are taking standing and rounded in 360 degrees photos of goods, shooting commercials (synopsis, story board, interior and exterior preparations connecting to shootings, editing,  making audio and visual effects, making animations in 3D) performing visual and graphical projects, designing packings and brands, making preparation work for printing, fabricationing and providing other marketingcommunicational services. These SCTs shall seem to be accepted as valid without any kind of temporal or territorial restriction.

2. Availabilties of the Provider

The services indicated in the point 1. are provided by Mr. Endre Fleisz retail contactor whose availabilites are the followings:

Name: Endre Fleisz

Principal place of business: 61/A. Móra str. Szeged 6725

Tel: +36/20 3134352

e-mail address: info@forgotermekfoto.hu

residential current account: 11600006-00000000-80482309

tax registration number:

3. The procedure of ordering services

The initiating of the procedure for ordering shall be performed by the Customer, in accordence with the instructions indicated by these SCTs. The disclosure of the order, and the objects of the services shall be performed by the Customer as well.

For the purpose of giving an order, the Customer shall gives the following details:

1. The exact names of the ordered goods

2. If a third party is involved into the business the domicile of the invoice’s addresse are also needed.

3. Place of the delivery

4. Name of the liable person

The Provider shall inform the Customer about the following details in the preliminary price offer:

a) the calculational number of the offer

b) the name of the ordered product and the service

c) the features of the ordered product and the service

d) the determination of the method of the file’s assignement and the measures of the picture

e) in the case of ordering rounded pictures, the characteristics of the object are also shall be given

f) the diclosure of individual technological claims are also shall be given if they are desired

g) in the case of special claims, the special tools are also shall be revealed

h) the determination of the quality and the quantity of the orders products (pieces, measures, resolution)

i) the determination of the price with/ without the VAT.

j) the determination of the other fees which belong to the product (f. ex.: conveyance charge)

k) the offer’s date of validity with the disclosure of the date of calculation’s issue

The Customer shall give complete fabricational, typographic and other special intructions if he /she gives any special order which differs form the standard parameters indicated in the offer.

3.1 The Provider shall send a certification about the reception of the order

The certification includes the price offer which is the basement of the order, and the object of the order. If the photographing of the ordered product is can not be performed based on the previous offer the Provider shall make a new offer regarding the features of the product and the issue of the certification will be performed after this. The procedure is the same if the Customer orders a service or a product which is not indicated in the point 1 of these SCTs.

The Provider maintains the right to cancellation, and the right to amend the conract unilateral if the service is ordered after the duration of the offer.

In the case of capacity-lease or repeting/periodic orders the parties stipulate the system and the deadlines of the product’s assignement in the actual schedule. The schedule shall be established in written, before the commence of the preparatory work and it shall be signatured by the parties. The Parties may stipulate prices, methods and procedures which differs from the prices, methods and procedures determind in these SCTs. These specified terms shall be stipulated in unique negotiations.

The Customer shall indicate a representative who is liable for being in contact with the Provider and for the certification of the performance.

The Provider’s representative is the person who issues the priceoffers, who is the conductor of the fabrication, or the employee who is in connection with the Customer.

4. The services of the Provider

a) taking standing and rounded in 360 degrees photos of goods

i.) basic service:

Taking standing photos with studio lighting, in light boxes, and in front of unique wallpapers. These photos made by special light technique, in large size and weigh.

Taking rounded in 360 degrees photos is made with the help of automated rotery table, rounded in 360 degrees in large size and weigh.

The rounded photo series may include 8, 16, 36, 72 photos. The assets of the rounded photos are presented by softwares which are available on the sites of the webshops. The product can be observed by moving the right mouse button back and forth, and if a click is performed on the product, we can observe the whole product in enlarged size. The possibilties for observing, depend on the used software. The rounded in 360 degrees photos may be performed in GIF or in mp4 format. More information about system’s operation is availeble on our website and on the webshop of provider’s site.

Concerning the indicated product, we can perform the substance of the product in video format by the help of rotary table. In this case, the photo may be performed on living modell in standing or in video format.

The photos can be converted in Jpg, Png, Tif, Rar, mp4 and in video format according to the claim of the Customer.

Depending on the product’s nature, the photos can be performed in Gif file which provides constant, looking in one direction view.

b) storing photos in storage (hosting service)

i) Our Customers have the possibility to store the completed photos in our storage. All conditions of this service are povided by the Provider. The Provider shall made the completed photos availeble for the Customer’s in his own storage if it is needed.

ii) The Povider undertakes to store the completed photos for determined time in his own storage if the Customer claims it. In this case, the provision of this service based on singular offer or on an agreement. This service subjects to charge, which is indicated in the point named Standard Contractual Conditions ’s Prices. In the case of claiming this service, the Provider provide the hosting service for the completed photos based on the singular agreement and make them available for the Customer provided that he/she gives password in order to access them.

iii) The hosting service depends on the completed photos, on the price, on the discount and on the claims of the Customer. These cicumstances shall be stipulated in the Provider’s preliminary offer.

c) shooting commercials (synopsis, story board, interior and exterior preparations connecting to shootings, editing,  making audio and visual effects, making animations in 3D) performing visual and graphical projects, designing packings and brands, preparationing for printing, fabricationing and providing other marketingcommunicational services

For the ordering the services above, the parties shall perform the procedure of ordering under 32. point and they shall conculde a singular conract.

The Customer accept the fact that the Provider is not liable for the unlawful use of these products, and services after the assignement.

Preservation and reception of the products, liability insurance, property insurance and the sending back of products.

The Provider is liable for looking after the goods which he receives from the Provider. He states that he has liability insurance, and property insurance regarding this activity.

The Provider shall send back the goods after performing the service. The Provider send back these goods with the help of delivery service. The Customer accept that the charges come up with sending back the products is the burden of the Customer.

If the parties concludes singular contract concerning the services and products indicated in these SCTs, and provisions of the singular contract differ from this SCT’s provisions, the singular contract governs the business relation.

6. The examination and the acception of the completed photos and videos

The Provider shall disclose the completed photos and videos on his website and make this works availeble for the Customer who can observe the photos and videos by using his password. These information will be sended via e-mail address by the Provider. The Customer has the possibility to observe, rate, and accept the photos, the series of photos and the videos on the Povider’s website.

Based on the Customer’s acception the Provider issues an invoice. After the paying of the sum indicated on the invoice, the Provider shall send the complete products to the Customer.

If the Customer claims it, the Provider can send the complete products on data carriers for overplus charges.

The Customer accept that, the Provider store the complete products for 30 days from their completion and unless otherwise stated, he’s entitled to delete them.

7. Payment conditions

The Customer shall perform the payment regarding the payment conditions and deadlines indicated in the price offer. Based on the parties individual agreement and Customer’s choice, the Provider issues the invoices payed by bank transfer or payed in cash. The day of the payment is seemed to be day when the sum appears on the Provider’s residential current account. The payment shall be performed until the deadline indicated on the invoice runs over.

If the sum isn’t transfered within the deadline stipulated, the Provider has right to demand default interest under the Hungarian Civil Code Section 6:155§ (1). Beyond the above, in the case of 10 or more days late, all the Customer’s debts become due. The Provider shall send monthly an informative in written to the Customer. Based on this informative and the provisions of the Hungarian Civil Code the Customer shall pay the default interest. In the case of 10 or more days late, the Provider has the right to demand all kind of costs which appear, relating to the business and the recovery. If the Customer make an objection relating to the issue of the invoice, he/she hasn’t right to deny the payment. The objection shall be submitted in writing, within 8 days form the reception, before the deadline runs over. The Provider shall observe the judgement and upon taht he shall makes the instructions needed.

In the case of breaching the payment conditions, the Provider has the right to terminate the contract and demand all his costs from the Customer which occured during the business.

Concering the payment, the parties can apply installement, prepayment and bail based on their singular agreement.

The prices of the products and services are indicated in these SCTs’s first Appendix

8. The restriction and the suspension of providing services

a) Suspension caused by the Customer

i)The Customer hasn’t got right to demand the suspension. suspension for other reasons

ii) The suspension of providing the services may occur because of the following reasons:

• regular maintenance
• force majeure
• in the case of home defence, national security, economical and public safety event

iii) If the suspension occurs by the Provider’s mistake or by an outside reason, the Costumer is eligible to deny the payment of the price for the services during the duration of the suspension.

iv) The regular maintenance shall not be deemed to be the mistake of the Provider

b) Restrictions

The Provider has the right to restrict his performance or reduce the quality or quantity of his service (concerning making the photos unavailable) if the following circumstanes occur:

i) The Customer resell, assign, the products/services produced by the Provider to a third Party without the consent of the Provider.

ii) The restriction is ordered by an authority

The Provider shall inform the Customer about the restriction in e-mail, or by telephoning

The Provider shall make every measure for the purpose of terminating the suspension without any undue delay or cease the reason of the suspension.

In this case the Provider shall notfy the Customer immiedietly.

9. Termination of the conract

a) The contract may terminates in the following cases:

i) If one of the Parties dismiss the conract, it terminates on the last day of the notice period

ii) If one of the Parties terminates the conract with unusual dismiss, it will be terminated on the last day of the notice period.

iii) In the cases which are regulated in the Acts or in these SCTs.

iv) In the case of death or cessation

v) In the case of mutual assent by the parties

vi) The Costumer doesn’t pay the invoice

10. Unusual termination

i) Both party are entiteled to terminate the contract with immidiate effect if a third party initiate an insolveny procedure against the other party. The party shall notify the other party without any undue delay if it decides a winding-up procedure or an insolveny procedure has been initiated against it.

ii) If the reason of the termination is the lack of conformity, and the Provider cease this reason during the period of termination with notifying the Customer in written, the termination shall seemed to be void.

iii) The Provider is entitled to terminate the contract with 15 days notice period, if the Costumer doesn’t cease the following breaches despite of written alert:

The Customer resell the completed products for a third party or use them fork networking purpose under Goverment’s decree for networking contracts without the Provider’s preliminary written consent.

The Customer use the completed products for comitting an infringement.

iv) The following activities count as encumbering the Provider’s network namely:

The Costumer imperil the proper opertion or the use of the Provider’s other services

The Costumer infringes the Ethical Principles of the Provider (contained by 1. Appendix) or he /she send e-mails in large amount for example spams or send unsought e-mails concerning the use of the completed products.

This contract shall be terminated automaticly with 8 days notice period if the Costumer doesn’t pay the sum indicated on the invoice in due time.

If the duration of the suspension caused by Force Maujure exceeds the 2 months, both parties are entitled to terminate the contract with immidiate effect.

The content of the notification in case of termination

The business relation shall be terminated only in writing (e-mail) except the case of non-payment by the Costumer (unusual termination). In this case, the the contract is deemed to be terminated automaticly.

The notification shall contains:

i) the clear cause of the termination

ii) In the case of termination the Provider’s the notification shall contain the the expiry date of the the notice period.

11. The obligations of the Costumer:

a) The Costumer shall tolarete or povide help for the examination, maintenance of the products performed by the Provider or his associate in order to correct the mistakes which may occur.

b) The Costumer shall notify in writing the Provider within 8 days if his/ her availibilities change, for example: telephone number, domicile.

c) if the Costumer miss to perform his/her obligations, the Provider isn’t liable for the damage that arise from these omissions.

d) The assignement of the completed product/service

The Costumer isn’t entitled to assign the completed product/service without the prior consent of the Provider.

e) The perform of the associate

The Costumer shall accept that the Provider is entitled to perform any of his obligations by his associates. The Costumer is obliged to give his data which is indispensable for performing of the Provider’s associate.

The Provider states that he is liable for the proper performing of his associate.

The assignement of the products by the Provider.

The Provider is not eligible to assign or provide the using of the ordered products for a thrid party without the prior written consent of the the Costumer. The Provider is obliged to pay damages to the Costumer if a third party use the products by his mistake.

12.The obligations of the Provider

12.1 Systematic maintenance

A suspension may be occured in the case of systematic maintenance caused by exchange, restoration, conversion of the hardware and software which belongs to the Provider if he has no other tools for substitute the incorrect ones.

The Provider shall notify the Costumer by an e-mail about the suspension caused by the systematic maintenance one day before its occur.

13. Data Handling

The Provider is eligible to handle the personal data of the Costumer with the respect of the relating regulations and these Standard Contractual Terms in order to the proper perform of his obligations.

The Customer’s data providing shall be voluntary and it may be used only for the performing.

The Customer give his explicit consent to the Provider to handle his/her personal data for the following activities: conluding agreements, performing the obligations, issuing the invoice and claiming the payment.

The Customer give his explicit consent to the Provider to send him/her promotianal materials by e-mail, but he/she is entitled to send a statement at anytime in order deny these materials. This kind of statement shall be send to the Provider’s e-mail address (info@forgotermekfoto.hu).

The Provider shall handle the personal data of the Costumer only for performing his services. He handles this data as business secret, and he musn’t assign it.

The Provider’s liability for inappropriate data handling

The Provider is eligible to know the data which he gets by his electronic system in oder to fulfil his obligations. The Provider shall make unknowable the personal data of the Customer for a third party except for the authirities which are entiteld to get secret information based on special regulations.

The Provider is not liable for the materials, which are sent and stored by him in favour of the Costumer. If the competent authority initiate a procedure against the Provider caused by the improper materials of the Costumer, the Costumer is obliged to join the procedure, and pay the charges and fees which may occur during the procedure.

The Provider is not liable for the damage, loss of information, malfunction caused by the improper operation of the Internet.

The Provider shall make security savings concerning the files, dates, settings stored by him for free as a supplementary service, and make all the possible instructions in order to protect the Customer’s data.

The Provider can’t take guarantee for the safe of the files which are stored on the servers. Moreover, regarding that this supplementary service is for free, the Provider isn’t liable for the damage caused by loss of data.

The Provider draws the attention of the Customer that, it is his/her duty to perform the security savings on his/her own tools.

14. Liability for transferred and stored data

14.1. Provider may know data and the notfications transferred by his servers and networks in order to perform his obligations to the extent necessary.

The Provider shall make the personal data which he gets during the performing  unknowable for third party except for the authorities which are entitled to collect secret information provided by law.

During the use of the service the Provider is not liable for the improper materiels which are transfered by the Customer on the Provider’s devices/network or his server.

If Third Party initiate a proceeding against the Provider concerning the content which stored on the Providers devices by the Customer the Customer shall join into the procedure, and if it impossible the Customer shall bear the costs which may occur during the process including the charges, the forfeits which are awarded by the authorities. The Provider not liable accidental information loss, overload in the operating of the Internet, and system error caused by Third Party.

14.2. The Provider perform security savings in regularly intervals concerning files, data, settings which are stored on his servers as a supplementary service, for free. The Provider makes all the instructions needed for the protection of the Customer’s personal data. The Provider can not take guranatee for the total safety of the data which is stored on the server.

Moreover, regarding that this supplementary service is for free, the Provider isn’t liable for the damage caused by loss of data.

The Provider draws the attention of the Customer that, it is his/her duty to perform the security savings on his/her own tools.

The Provider is not liable for the damage caused by inappropriate and non-technical handling of the products by the Customer or his/her employee.

15. Handling of Clients personal data

The Provider store all kind of data given by the Customer during the perform of the order.

The Provider store personal data until minimum 1 year from the terminating of contract, in case of overdue or submitting a complaint concerning the service’s conformity. From that date the Provider may delete all of personal data relating to the Customer. The Provider shall stores all of non-personal data in order to making business and he isn’t entitled to disclose them to a third party unless the Customer stipulates otherwise.

The Provider states that he is eligble to handle the personal data of the Customer solely in order to providing services and for issuing invoices.

The Provider handles confidentialy all kind of personal data, announcements, and information which gets during the providing of his services. He may assign them for third party or use them for different goals if the Customer contributes to it or the law provides it.

16. Safety of Personal Data

The Provider shall respect the regulations relating to handling personal data or disclosure of public interes data, during handling the personal data of the Customer.

The Provider shall provide the technical security of data handling of the Customer’s personal data and he shall perform all instructions needed in order to encumbe the improper acces.

The Customer accept that, unless the Provider make all the instructions mentioned above, he is not liable for damage caused by improper assignement of the data performed by a third party, by intended vandalism, by improper intrusion to the system of the Provider, by natural disaster. In the cases mentioned above the Customer is not eligble for compensation.

17. Mixed provision

Parties declares that they have all of the rights which are needed for the performing of the orders, regarding the assigned objects of the ordered services. the Customer release the provider from all kind of liabilities which are assumed aginst him caused by infringments or by violation of copyright, personal privacy.  

The Provider make  these general conditions constantly available (on http://www.forgotermekfoto.hu) for his Customers in both written and electronic form

If the any items of general conditions are considered to non-valid not repeal the other definitions. For the questions which not determine in general conditions henceforward the Hungarian laws are the prevail.

Legal disputes arised from these Standard Sontractual Terms and individual agreements shall be judged by the locally competen court

Parties state that, they try to resolve by negotiations all of the disputes arised from these Standard Contractual Terms or from any individual contract. If the case of failing to resolve the diputes by negotiations, parties stipulates the particular venue of the District Court of Szeged.

18. Provider’s liability for fulfil the contract

The Customer accept that, in the case of lack of conformity or late performance the Provider is only liable for the damage which appear in the Customer’s property, because of specific features of the services. The Provider is not liable for the ethical, moral or any other damage.

Attachment No. 1.

Technical Specifics

employed devices: high resolution Canon, Fuji Nikon cameras, video-cameras, studio lamps, light boxes, automatic tedder desks, Image manager-editor softvers, high capacity computers

Possible file format of the pictures: jpg, png, Tif, Rar, GIF and MP4 and different along for the Client wishes

Pictures resolution which made in online ground will be changeable cause of the web platforms requirement. All time we make the pictures at high resolution.  In case of client definitely request we give for the Client the high resolution pictures. Pictures and pictures series which made for online platform we give the general resolution.

For online and digital platform  we give the Pictures named RGB color. Just in case of special request and agreement we transform the pictures color named CMYK which need for typographical made.

Attachment No. 2.

Tariff

Undermentioned tariff table contain prizes which attached for the ordered service but not the part of service