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Terms and Conditions

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Terms and Conditions

Last Updated: May 25, 2025

Welcome to www.abutnyak.top (the “Site”). These Terms and Conditions (“Terms”) govern your use of our Site and the photography and videography services (the “Services”) offered by Andriy Butnyak (“I”, “me”, “my”, “the Photographer”), a professional photographer based in Ghent, Belgium (BTW/VAT: BE0805.636.171).

By accessing this Site or booking my Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use this Site or my Services.

1. Definitions

  • “Client” refers to any individual, company, or entity booking the Services of the Photographer.
  • “Services” refers to all photography and videography services offered, including but not limited to portrait sessions, event coverage, commercial projects, drone (aerial) photography/videography, film photography, and social media content creation.
  • “Deliverables” refers to the final, edited digital images, videos, or other media provided to the Client as per the agreed scope of work.
  • “Quote” refers to a written estimation of costs for Services provided by the Photographer.
  • “Booking Confirmation” refers to the written agreement (which may be an email confirmation) detailing the specific Services, date, time, location, and fees for a booked session or project.

2. Services Offered

I offer a range of professional photography and videography services. The specific details, scope of work, deliverables, and pricing for each project will be outlined in a personalised Quote and confirmed in a Booking Confirmation or a separate written agreement where applicable.

3. Booking, Fees, and Payment

  • Booking: Services can be booked by contacting me via the contact form on this Site, email, or other agreed communication channels. A booking is considered confirmed only upon receipt of a signed agreement (if applicable) and any required deposit/retainer fee.
  • Quotes: All Quotes are valid for 30 days from the date of issue, unless otherwise stated. Prices are quoted in EUR and are exclusive of BTW (VAT), which will be added at the applicable rate.
  • Deposit/Retainer: A non-refundable deposit/retainer fee of 30% of the total fee is required to secure your booking date and time. This fee covers initial consultation, planning, and reserves my availability, and is deducted from the total project fee.
  • Payment Schedule: The remaining balance is due within 7 days of the session. For larger projects, a specific payment schedule may be agreed upon in writing.
  • Accepted Payment Methods: Payment can be made by bank transfer or Bancontact. Account details for bank transfers will be provided on the invoice.
  • Late Payments: In the absence of payment of an invoice within 30 days of its due date, interest equal to 1% per month shall be due by law and without prior notice of default. Furthermore, in the absence of payment within one month of its due date, a fixed compensation equal to 10% of the total invoice amount shall be due by law and without prior notice of default. This is in addition to any applicable legal interest rates or collection costs permissible under Belgian law. I reserve the right to withhold delivery of Deliverables until full payment has been received.

4. Cancellations, Rescheduling, and Refunds

  • Client Cancellation: If the Client cancels a confirmed booking, the non-refundable deposit/retainer will be forfeited. If cancellation occurs less than 7 days prior to the scheduled Service date, 50% of the total fee may be due. Cancellations must be made in writing.
  • Photographer Cancellation: In the unlikely event that I have to cancel a booking due to unforeseen circumstances (e.g., illness, emergency), I will notify the Client as soon as possible. The Client will be entitled to a full refund of any deposit/retainer paid. I will make reasonable efforts to suggest an alternative photographer if desired, but this cannot be guaranteed. My liability will be limited to the amounts paid by the Client.
  • Rescheduling: If the Client wishes to reschedule, please provide at least 14 days notice. I will try to accommodate the request subject to my availability. A rescheduling fee of €50 may apply if notice is given less than 7 days prior to the original date. Deposits can typically be transferred to a new date agreed upon within 6 months of the original booking.
  • Force Majeure: Neither party shall be liable for any failure to perform its obligations where such failure is as a result of a Force Majeure event (e.g., natural disaster, war, pandemic restrictions, extreme weather making the service impossible or unsafe). In such cases, efforts will be made to reschedule the Service at a mutually agreeable time.
  • Refunds: Other than as stated above, fees paid are generally non-refundable once Services have been rendered or Deliverables provided, unless there has been a breach of contract by the Photographer.

5. Client Responsibilities

  • Provide all necessary information accurately and in a timely manner for the planning and execution of the Services.
  • Cooperate with the Photographer and follow reasonable instructions during photoshoots or events to ensure the best possible outcome.
  • Ensure the safety of any locations and inform the Photographer of any potential hazards.
  • Be responsible for securing any necessary permissions, permits, or consents for locations, venues, or individuals to be photographed/filmed, unless otherwise agreed in writing that the Photographer will handle this.
  • For event photography/videography, provide a schedule of key moments and a designated contact person if possible.

6. Image/Video Delivery and Archiving

  • Turnaround Time: An estimated delivery timeframe for proofs (if applicable) and final Deliverables will be provided in the Booking Confirmation. This is typically 2-4 weeks for portraits, 4-8 weeks for events/videos, but may vary depending on the project scope and current workload.
  • Delivery Method: Final Deliverables will be provided via a password-protected online gallery for viewing and download, Google Drive link, or USB drive (Client to confirm if an extra cost applies for USB drive).
  • Format: Unless otherwise specified, still photographs are delivered as high-resolution JPEG files, edited in my signature style. Videos are typically delivered as MP4 files. RAW files are not included in standard packages. The availability and terms for acquiring RAW files, if requested, will be discussed and agreed upon separately and may incur an additional fee and specific licensing.
  • Online Gallery: If an online gallery is provided, it will typically remain active for 3 months from the date of delivery. It is the Client’s responsibility to download and backup their Deliverables within this period. An administration fee may apply for re-uploading galleries after expiry.
  • Archiving: I will make reasonable efforts to archive the final Deliverables for a period of 1 year after delivery. However, I am not responsible for loss of data due to unforeseen circumstances. Clients are strongly encouraged to create their own backups.

7. Copyright and Usage Rights

Copyright and specific usage rights for the Deliverables are discussed and agreed upon with each Client individually. By default, Andriy Butnyak (the Photographer) retains full copyright ownership of all photographs, videos, and other media created. The specific terms of use and any license granted to the Client will be detailed in the Booking Confirmation or a separate written contract, which must be signed by both parties before such license takes effect. Without such a specific written agreement, no right to use the Deliverables is granted other than for personal viewing by the Client.

8. Artistic Style and Discretion

The Client acknowledges that they are familiar with the Photographer’s artistic style, portfolio, and editing process. The Photographer will use their professional judgment and artistic discretion to create Deliverables in this style. The Photographer is granted creative control over the final selection and editing of images/videos. Not all images/clips captured during a session/event will be delivered as final Deliverables; the Photographer will select the best ones for final processing and delivery.

9. Drone (Aerial) Services Specifics

  • All drone operations are subject to prevailing weather conditions, aviation regulations (Belgian and EU), local restrictions, and safety assessments.
  • The Photographer (as the drone pilot) has the final say on whether a flight can be safely conducted and reserves the right to cancel or postpone drone operations if conditions are deemed unsafe or if legal restrictions apply (e.g., no-fly zones, lack of permissions).
  • The Client is responsible for obtaining any specific permissions required for drone flights over private property if they are the owner or have authority over said property, unless agreed otherwise.

10. Limitation of Liability

In the unlikely event of total or partial equipment failure, loss of data, or any other unforeseen incident preventing the Photographer from fulfilling the agreed Services, the Photographer’s liability shall be limited to a full refund of all monies paid by the Client for the specific Service affected. The Photographer shall not be liable for any indirect, consequential, or emotional loss. The Photographer is not responsible for compromised coverage due to causes beyond their control, such as client lateness, weather conditions (for non-drone services, where applicable), venue restrictions, or interference from other parties.

11. Privacy

Your personal data will be processed in accordance with my Privacy Policy, which can be found here: Privacy Policy. By agreeing to these Terms, you also acknowledge that you have read and understood the Privacy Policy.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Belgium. Any disputes will be subject to the exclusive jurisdiction of the courts of Ghent, Belgium. This choice of jurisdiction is also reflected for disputes concerning invoice payments.

13. Amendments

I reserve the right to amend these Terms and Conditions at any time. Any such amendments will be effective immediately upon posting on this Site. Your continued use of the Site or Services after any amendments constitutes your acceptance of the new Terms.

14. Contact Information

For any questions regarding these Terms and Conditions, please contact me at:
Andriy Butnyak
Ghent, Belgium
Email: info@abutnyak.top
BTW/VAT: BE0805.636.171