nanted Photography Online Terms and Conditions

Last updated: December 2022

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you,
whether personally or on behalf on an entity (“you”) and Naomi De Kind (“nanted
Photography”, “we”, “us”, or “our”) concerning:

- your access to and use of our Website: www.nantedphotography.com
- our correspondence by email and by post
- our products and our services: shoots, presets and other products and services as
described on the Website (hereinafter referred to as “Services”).

We are registered in Belgium with the registration number BE0722.601.401 and have our
registered office at Tolhuislaan 163, 9000 Ghent (Belgium).

By visiting our Website, corresponding with us and/or purchasing our Services, you confirm that
you have read, understood, and agree to be bound by these Terms. If you do not agree with the
Terms, we expressly ask you not to use the Website, nor our Services.

Any new Services which are added to the Website shall also be subject to the Terms. You can
review the most current version of the Terms at any time on this page. We reserve the right to
update, change or replace any part of these Terms by posting updates and/or changes to our
Website. It is your responsibility to check this page periodically for changes. Your continued use
of or access to the Website following the posting of any changes constitutes acceptance of
those changes.

The Website and our Services are intended for users who are at least 16 years old. Persons
under the age of 16 are not permitted to use our Website, nor our Services, unless with parental
supervision.

1. Services

We will provide our Services acting as an independent contractor and not as your employee,
agent or partner, using reasonable skill and care for your benefit only. We will provide you with
our Services in our commonly used style. To provide you with our Services, you are responsible
to provide us with the necessary information, resources and assistance. You will ensure that
any provided information is complete, accurate and up-to-date. It is your responsibility to

determine whether the Services are appropriate for your use. You may not use our Services for
any purpose other than that for which we make them available (which includes sharing any
materials received in the context of the Services with any third parties).

2. Orders

You can order our Services directly on our Website. Once you have ordered our Services, you
cannot cancel the order anymore.

You can also order our Services by contacting us by email on nantedphotography@gmail.com
or by a direct message on our professional Instagram page. We shall respond to this with an
email, which will set out any details regarding the order (the “Business Proposal”). Once you
have accepted this Business Proposal, you cannot cancel the order anymore.
We are not responsible for any errors made when submitting the order and for any additional
costs that result from such an error. We reserve the right to refuse providing our Services to
anyone for any reason at any time.

As the Services will be immediately provided to you upon purchase or consist of digital
products, which will be delivered immediately upon the purchase, you shall waive any right of
withdrawal, should this apply.

3. Price, invoice and payment

The prices for our Services will be communicated on the Website or in our Business Proposal.
The fees will be stated in Euros and are excluding any applicable taxes (such as VAT). We
accept the following payment methods: credit card, debit card and bank transfer.

For any purchases made directly on our Website, payments are made at the time of order and
through the available payment methods. For purchases made based on a Business Proposal,
fees shall be payable within thirty (30) calendar days after receiving the relevant invoice. Any
dispute regarding an invoice must be notified to us in writing within fifteen (15) calendar days of
the invoice being received. We may claim appropriate advances on payment of the fees and
make delivery of our Services dependent upon complete satisfaction of those claims.

In case of failure to effect payment by the due date, we are entitled to a conventional interest of
10% per year, calculated on the basis of the actual number of days overdue, and an
administrative fine of fifty (50) EUR. We may also charge you the reimbursement of any bailiff,
lawyer and court fees in connection with debt collection or enforcement efforts, without prior

notice of default.

We are not obliged to send a paper version of the invoice, as you accept the validity of
electronic invoices.

4. Confidentiality

Except as otherwise permitted by these Terms, neither of us may disclose to third parties any
information provided to each other in the context of the provision of the Terms that is reasonably
ought to be treated as confidential and/or proprietary. Either of us may, however, disclose such
information to the extent that it:

- is or becomes public other than through a breach of these Terms;
- must be disclosed pursuant to applicable laws, regulations, or orders of the court or other
government authorities;
- is required to be disclosed by any party to its shareholders, investors, legal counsels or
financial advisors regarding the transaction contemplated hereunder, provided that such
third parties shall be bound by the confidentiality obligations similar to those set forth in
this section.

This section shall survive the termination of the Terms for any reason.

5. Intellectual property rights

Unless otherwise indicated, we own the intellectual property rights of the Services and the
Website. We specifically own all intellectual property rights (including, but without limitation, the
copyright, trademark and patent right) on our photographic work. These are protected by
copyright, trademark and various other intellectual property rights laws, which you are not
allowed to infringe.

We grant you a non-exclusive, worldwide right to use the Services (including the photographic
work) for the purposes for which they were intended. You may publish the photographs on
social media, provided you mention our name, either as a tag or in the caption. You are
expressly prohibited from altering (except for resizing for social media) or selling the
photographs and from giving any sublicenses to third parties.

Any use of the photographs which does not respect this provision, will be considered as a

breach of our intellectual property rights. For each infringement of our copyright, an amount of
two times the licence.

Unless agreed otherwise, you consent to our use of the photographic work for our own
promotional purposes and publications, including, but not limited to, website, portfolio,
advertisements, social media, magazine articles, in print and exhibition materials. If you do not
wish to consent, you must inform us prior to the shoot.

6. User representations

By using the Website, communicating with us our using our Services, you represent and warrant
that:
- all information you submit will be true, accurate, current, and complete, and that you will
promptly update such registration information as necessary;
- you have the legal capacity to agree with these Terms;
- you will not access the Website through automated or non-human means, whether
through a bot, script, or otherwise;
- you will not use the Website or Services for any illegal or unauthorized purpose.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we may not
be able to provide you with our Services and/or access to our Website.

7. Third-party websites and content

Third-party links on our Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.

8. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Website at any time or for
any reason at our sole discretion without notice. However, we have no obligation to update any
information on our Website. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Website.

We reserve the right at any time to modify or discontinue our Services (or any part or content

thereof) without notice at any time. Prices for our Services are subject to change without notice.
Fees for payment transactions can change without notice at the discretion of our payment
platform partners. All images of the Services on the Website or in any other marketing materials
are for illustrative purposes only.

The Website is provided on an ‘as is’ and ‘as available’ basis. You agree that your use of the
Website will be at your sole risk. We cannot guarantee the Website will be available at all times.
We may experience hardware, software, or other problems or need to perform maintenance
related to the Website, resulting in interruptions, delays, or errors.

9. Governing law and jurisdiction

These Terms shall be exclusively governed by and construed in accordance with the laws of
Belgium. The courts of Ghent, Belgium shall have sole jurisdiction should any dispute arise in
relation with the Services.

10. Limitation of liability and indemnification

To the maximum extent permitted by applicable law, in no event can we be held liable for any
damages, arising from or connected with these Terms and/or the provision of the Services.

We shall not be liable if we are prevented from or delayed in performing our obligations by acts
or events beyond our reasonable control, such as strikes, network or device failure external to
us, security incidents and/or third-party attacks, war, pandemic, compliance with any law or
governmental order, rule, regulation or direction, accident, fire, flood, or storm.

You agree to defend, indemnify, and hold us harmless, including our directors, employees and
contractors, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, due to or arising out of: (1) your use of the Website;
(2) a breach of these Terms; (3) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (4) any overt harmful act toward any other user of the
Website.

11. Term and termination

As to your use of this Website, these Terms shall remain in full force and effect while you use it.
Regarding our Services, these Terms apply to the Services whenever performed. The Terms
shall terminate on completion of the Services, except for our respective confidentiality

obligations. The Terms can be terminated earlier by mutual agreement.

12. Miscellaneous

These Terms operate to the fullest extent permissible by law. We explicitly exclude the
application of any other terms and conditions that may apply. We may assign any or all of our
rights and obligations to others at any time. If any provision or part of a provision of these Terms
is determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms and does not affect the validity and enforceability of any
remaining provisions. Our failure to exercise or enforce any right or provision of these Terms
shall not operate as a waiver of such right or provision.

With your consent, we may use your name publicly to identify you as a client in connection with
specific Services or otherwise.

13. Contact us

For any questions or complaints regarding the Website or Services, you can contact us via
email at nantedphotography@gmail.com.