Public offer
Hereby Sergey Viktorovich Vinogradov, TIN 780 606 796,824, acting as a payer of professional income tax (hereinafter referred to as the Photographer), in accordance with the procedure provided for in clause 2 of Article 437 of the Civil Code of the Russian Federation, offers an unlimited number of persons to conclude an author’s contract on the terms set out below (public offer). The acceptance of this offer indicates the fact that the Parties have concluded a Contract on the terms of this offer (Clause 1, Article 433 of the Civil Code of the Russian Federation). In this case, the proper fulfillment of the terms of the concluded Contract is the responsibility of both Parties (art. 309 of the Civil Code of the Russian Federation). The customer is obliged to fully familiarize himself with this document.
1. THE CONCEPTS USED IN THIS OFFER
1.1. Photograph, work
is a visual image obtained as a result of photographing.
1.2. Acceptance of the Offer — full and unconditional acceptance of the Offer by performing the actions specified in clause 2.4 of the Offer. Acceptance of an Offer creates a Contract.
1.3. Contract is an author’s order agreement concluded between the Photographer and the Customer
1.4. Website is an online resource containing full information about the subject of the agreement, located at vinogradovart.ru
1.5. Application — a statement of intent issued by the Customer to conclude a Contract with the Photographer, containing information about the time of photographing, location and shooting conditions. The application is made in the form of a message in messengers and social networks.
2. SUBJECT OF THE AGREEMENT
2.1. Upon the Customer’s request, the Photographer undertakes to take photographs, create Works based on its results and grant the Customer the right to use them to the extent provided for in this Offer, and the Customer undertakes to pay the Photographer remuneration, the amount of which is indicated on the Website.
2.2. The quantitative and qualitative characteristics of the created Works, the duration of the photography, and additional services within the framework of the photography are provided in the form of messages in messengers and social networks.
2.3. The Photographer retains the inalienable copyright and property rights.
2.4. Consent to the terms of this Offer, expressed by the Customer in any form: in the form of an e-mail message or by putting a check mark in the registration form in the field with the text “I confirm that I have read and agree with the following documents: The Offer and Privacy Policy” (or a text similar in meaning).
3. ORDER FULFILLMENT PROCEDURE
3.1. Photography is carried out in accordance with the Customer’s Request on the date and time agreed between the Customer and the Photographer, as well as along the route (location) agreed between the Customer and the Photographer Taking photos.
3.2. When preparing for a photo shoot, the Photographer offers the Customer locations for photographing, helps in selecting images, and elaborates on the concept of shooting. After the Customer agrees on the solutions proposed by the Photographer, claims regarding these decisions are not accepted.
3.3. The choice of the photographic equipment used, methods and methods of shooting is the exclusive prerogative of the Photographer. The rejection of the footage, correction, processing, cropping, application of any artistic effects and techniques are the creative process of the Photographer, the Customer does not interfere in it and fully trusts the Photographer.
The customer is familiar with the Photographer’s portfolio, agrees with the style of her work, color correction.
3.4. If the Customer independently determines the location and time of the photo shoot, he provides sufficient lighting in accordance with the recommendations of the Photographer.
Also, the Photographer is not responsible for the aesthetic component of the location chosen by the Customer.
3.5. The Customer is obliged to pre-coordinate with the Photographer his visual image, as well as the images of other persons involved in the photography (clothing, accessories, makeup). If the images were not coordinated with the Photographer or were not fully coordinated, the Photographer is not responsible for the stylistic component of the works.
3.6. The created works are transferred by the Photographer to the Customer within the time limits specified on the Website.
3.7. The finished photos are provided by sending the Customer a link to the cloud disk of the website. Photos are transmitted in JPEG format. The Photographer does not transfer the rejected and/or unprocessed footage, including the RAW files of the processed photos, to the Customer.
3.8. Photos are kept by the Photographer for 90 days. During the specified period, the Customer is obliged to accept the result of the work and ensure that it is saved on his device.
3.9. If the Customer has any complaints about the quality, completeness, or quantity of the transferred Works, the Customer shall send the Photographer a reasoned refusal to accept the works within two (2) calendar days from the date of their receipt. In the absence of a written reasoned refusal, the duties of the Photographer are considered to be fulfilled in full and properly.
4. PROPERTY AND COPYRIGHT RIGHTS TO WORKS
4.1. The Photographer is the sole author of the Works. He owns copyright, exclusive, as well as personal non-proprietary rights to all the footage.
4.2. The Photographer grants the Customer the rights to use the footage under the terms of a simple (non-exclusive license), namely:
- The right to reproduce and publicly display works for non-commercial purposes, including on the Internet.
4.3. The use of the work in accordance with clause 4.2. of this Offer is allowed on an unlimited territory and is transferred for an unlimited period.
4.4. The Customer has the right to publish photographs without specifying the author’s name. At the same time, modification, distortion, and addition of photographs, including through processing, applying filters, and cropping, are not allowed.
5. REWARD
5.1. For the created works, the Customer pays the Photographer remuneration in the amount indicated on the On the Website or agreed by the parties separately via electronic communication.
5.2. The right to use the works is transferred to the Customer free of charge.
6. CONSENT TO THE USE OF THE IMAGE
6.1. Option 1: The Customer agrees to the use and publication of his images obtained as part of the order. The Photographer has the right, without paying remuneration to the Customer, to publish and distribute photographs with the Customer’s image for the purpose of advertising and promoting his services on social networks, on his website and on other Internet sites, to make publicly available Works with the Customer’s image at competitions and exhibitions, and to transfer these rights to third parties. The right to use the Customer’s images is granted to the Photographer for an unlimited period and is valid in an unlimited territory.
7. RESPONSIBILITY OF THE PARTIES
7.1. The Customer is responsible for the actions of his guests, family members, friends, and other persons involved in the shooting.
7.2. The photographer is not responsible for the appearance of the Customer and other persons involved in the photography, that is, during the processing of photographs, the style of clothing, hairstyle, makeup, manicure and other components of the appearance are not changed. The photographer is also not responsible for the emotional state of the Customer during the photo shoot, and, accordingly, for the emotional component of the photos (lack of smiles in the photo, etc.)
7.3. If the Customer is more than 15 minutes late, the shooting time is shortened by the time of the delay. Payment is made without reducing the price, and the number of transmitted photos can be reduced in proportion to the duration of shooting.
8. DISPUTE RESOLUTION
8.1. In case of disputes between the Photographer and the Customer regarding the issues stipulated in this offer or in connection with it, the parties will take all measures to resolve them through negotiations.
8.2. If it is impossible to resolve these disputes through negotiations, they must be resolved in court in accordance with applicable law.
9. PERSONAL DATA AND CONFIDENTIALITY
9.1. The Customer gives his consent to the processing of personal data by the Photographer in accordance with Federal Law No. 152-FZ of 27.07.2006 and The Photographer’s Privacy Policy, namely for the processing of the following personal data: *
— first and last name
— email address
— phone number
9.2. Personal data is processed for the following purposes:
— identification of the party within the framework of this Offer
— providing access to services;
-communication with the Customer, sending him letters, notifications, requests, and information messages;
— settlements within the framework of this Offer;
9.3. The Customer has the right to refuse the processing of personal data and revoke the consents given in clauses 9.1., 9.2 of this Offer by sending the appropriate message to the Photographer by e-mail.
10. OTHER CONDITIONS
10.1. The Agreement is considered concluded from the moment of its acceptance and is valid until the Parties fulfill all their obligations.
10.2. All approvals, notifications and other interactions are carried out by the parties through messengers, social networks of the parties or via e-mail. Electronic correspondence has legal force for the parties. If the terms agreed by the parties by electronic communication contradict any provisions of this offer, the parties shall be guided by the terms agreed by electronic communication.
10.3. Acceptance of this public offer and its acceptance create an obligation for the Parties to fulfill the Agreement, regardless of its signing by the Parties.
Photographer: Vinogradov Sergey Viktorovich
TAX ID: 780 606 796,824
Phone number. +79 818 474 318
E-mail: mail@vinogradovart.ru