TERMS & CONDITIONS
Attech Media
Version 1.2 · June 2025

ARTICLE 1 — DEFINITIONS

In these Terms and Conditions, the following definitions apply:

Attech Media: the sole proprietorship (eenmanszaak) Attech Media, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 82451234, VAT number NL004567890B01, established at Ennemaborgstraat 19, 1333VJ Almere, the Netherlands.

Client: any natural person or legal entity that enters into an agreement with Attech Media, or that receives an offer or quotation from Attech Media.

Assignment / Agreement: the written or electronically confirmed arrangement between Attech Media and the Client, including all annexes and the applicable quotation.

Services: all work offered by Attech Media, including but not limited to photography, video production, post-production, web development and social media management.

Content / Material: all visual, audiovisual and digital output created or processed by Attech Media in the course of an Assignment.

Delivery: making the final product available via digital transfer, unless otherwise agreed in writing.

In Writing: communication by letter, e-mail or via an electronic system accepted by both parties.

ARTICLE 2 — APPLICABILITY

2.1 These Terms and Conditions apply to all offers, quotations, agreements and deliveries by Attech Media, unless expressly agreed otherwise in writing.

2.2 Deviations from these Terms and Conditions are only valid if expressly agreed in writing. Such deviations do not affect the remaining provisions.

2.3 The applicability of any general terms and conditions of the Client is expressly rejected, unless Attech Media has accepted these in writing.

2.4 If any provision of these Terms and Conditions is found to be void or voidable, the remaining provisions shall remain in full force and effect. The parties shall consult to agree on a replacement provision that approximates the intent of the original provision as closely as possible.

2.5 Attech Media reserves the right to amend these Terms and Conditions. The most current version is always available at attechmedia.com and will be provided with each new assignment.

ARTICLE 3 — QUOTATIONS & AGREEMENTS

3.1 All quotations issued by Attech Media are non-binding and valid for a period of fourteen (14) calendar days from the date of issue, unless expressly stated otherwise.

3.2 An agreement is formed at the moment the Client accepts the quotation in writing, makes payment as set out in the quotation, or makes actual use of Attech Media’s services.

3.3 Verbal agreements or representations do not bind Attech Media unless confirmed in writing.

3.4 Attech Media is entitled to refuse an assignment or to impose additional conditions if the nature of the assignment is contrary to law, public order, morality, or the professional integrity of Attech Media.

3.5 Changes to the scope of the assignment after acceptance must be agreed in writing and may result in an adjustment to the agreed price and timeline.

ARTICLE 4 — SERVICES

4.1 Attech Media offers the following core services: photography, video production (including recording and post-production/editing), web development and social media management.

4.2 Attech Media shall perform the agreed services to the best of its knowledge and ability, in accordance with the standards of a competent professional. Attech Media’s obligations are best-efforts obligations, not obligations of result, unless expressly agreed otherwise in writing.

4.3 Completed websites are transferred to the Client including all source files. Hosting and technical infrastructure fall outside the responsibility of Attech Media, unless expressly agreed otherwise in writing.

4.4 Ongoing website maintenance after delivery is provided exclusively on the basis of a separate, written maintenance retainer agreement.

4.5 Attech Media is entitled at all times to subcontract work to third parties or to use third-party materials, provided this does not compromise the quality of the service. Attech Media remains responsible for the execution of the assignment.

4.6 Delivery timelines stated in the quotation or order confirmation are indicative, unless expressly designated in writing as a firm deadline. Exceeding a delivery timeline does not entitle the Client to cancel the agreement or claim damages, unless there is intent or wilful recklessness on the part of Attech Media.

4.7 The number of revision rounds is stated in the quotation. Additional revisions will be charged at Attech Media’s applicable hourly rate.

ARTICLE 5 — INTELLECTUAL PROPERTY & COPYRIGHT

5.1 All Content created or produced by Attech Media — including photographs, videos, graphic design, website design and code, and social media content — is protected by copyright and vests by operation of law in Attech Media as the creator within the meaning of the Dutch Copyright Act (Auteurswet).

5.2 Attech Media retains copyright and all other intellectual property rights in the delivered Material, even after full payment, unless a written transfer of ownership has been expressly agreed in accordance with Article 6.

5.3 Attech Media is entitled to use delivered work for promotional purposes, portfolio publication, social media and other marketing, unless the Client has raised a written objection before the commencement of the assignment.

5.4 The Client warrants that all materials supplied by the Client (texts, images, trademarks, logos) are free from third-party rights and shall indemnify Attech Media against any third-party claims in this regard.

5.5 The Client is not permitted to modify, sublicense or resell the delivered Material without prior written consent from Attech Media.

ARTICLE 5A — USE OF ARTIFICIAL INTELLIGENCE & IMAGE PROCESSING

5a.1 Attech Media uses artificial intelligence (AI) technologies in the execution of assignments, including but not limited to AI-driven photo and video editing software, generative AI tools and automated image processing pipelines.

5a.2 By accepting a quotation or agreement from Attech Media, the Client — also on behalf of any individuals whose image data the Client is authorised to consent to — automatically grants permission for the use of image material supplied by or on behalf of the Client (including photographs and video recordings) as input within Attech Media’s AI workflows. Such use is solely for the purpose of executing the relevant assignment.

5a.3 Attech Media is additionally entitled to use anonymised or non-identifiable image material for the further development and refinement of internal AI workflows, unless the Client objects to this in writing.

5a.4 The Client has the right at all times to object to the use of supplied image material as AI input, by notifying Attech Media in writing before commencement of the assignment. Attech Media will honour such a request, with the understanding that this may affect the feasibility, timeline or pricing of the assignment. An objection raised after commencement of work cannot result in the reversal of processing already carried out.

5a.5 Attech Media warrants that supplied image material will not be shared with external AI platforms or third parties in a manner that is traceable to the Client or the individuals depicted therein, unless the Client has granted explicit written consent.

5a.6 The Client warrants that they are authorised to grant permission for the use of the supplied image material, including any portrait rights (portretrecht) of individuals depicted therein within the meaning of Section 21 of the Dutch Copyright Act (Auteurswet). The Client shall fully indemnify Attech Media against any third-party claims arising from the use of supplied image material in accordance with this article.

5a.7 Image material used as AI input will not be retained longer than necessary for the execution of the assignment, in accordance with Attech Media’s Privacy Policy.

ARTICLE 6 — LICENCES & TRANSFER OF OWNERSHIP

6.1 By default, upon full payment, Attech Media grants a non-exclusive, non-transferable licence to use the Material for the agreed purpose, for the agreed duration and geographic scope.

6.2 Extended use — including exclusivity, multiple placements, commercial resale or broad geographic distribution — must be agreed separately in writing and will be specified in the quotation and agreement.

6.3 Full transfer of copyright to the Client is possible and must be expressly agreed in writing. Transfer of ownership only passes to the Client upon receipt of full payment, including any agreed transfer fee.

6.4 For website projects, source code transfers to the Client upon full payment, unless the code incorporates third-party licences. Attech Media will clearly communicate which third-party licences apply in such cases.

6.5 Attech Media retains the right of attribution as creator at all times, including after transfer of ownership, in accordance with Section 25 of the Dutch Copyright Act (Auteurswet).

ARTICLE 7 — CLIENT OBLIGATIONS

7.1 The Client is obliged to provide all information, materials and cooperation that Attech Media reasonably requires for the execution of the assignment, and to do so in a timely manner.

7.2 The Client shall ensure a safe and accessible location where physical recordings or on-site work is required. Any delays or additional costs resulting from inadequate facilities or the absence of required permissions shall be borne by the Client.

7.3 The Client is responsible for obtaining all necessary permissions from third parties (such as models, location owners, rights holders of supplied materials) unless expressly agreed otherwise in writing.

7.4 Feedback rounds must be provided within the timelines stated in the quotation or project plan. Delays resulting from the Client failing to provide timely feedback entitle Attech Media to adjust the timeline and/or fee accordingly.

7.5 The Client shall indemnify Attech Media against any damages, claims and third-party demands arising from the Client’s failure to comply with the obligations set out in this article.

ARTICLE 8 — PAYMENT & INVOICING

8.1 All assignments must be paid in full (100%) in advance before commencement of work, unless expressly agreed otherwise in writing. Attech Media is not obliged to commence work until full payment has been received.

8.2 Invoices must be paid within seven (7) calendar days of the invoice date, unless otherwise agreed in writing. Payment must be made to the bank account specified by Attech Media, referencing the invoice number.

8.3 In the event of late payment, the Client is in default by operation of law — without further notice of default being required. Attech Media is in that case entitled to:
— charge statutory commercial interest pursuant to Section 6:119a of the Dutch Civil Code (BW), calculated from the due date;
— claim all extrajudicial collection costs in accordance with the Dutch Extrajudicial Collection Costs Act (Besluit vergoeding voor buitengerechtelijke incassokosten);
— immediately suspend all ongoing assignments with the Client until the full outstanding amount, including interest and costs, has been paid.

8.4 Amounts already paid will not be refunded in the event of cancellation, unless expressly agreed otherwise in writing or Attech Media is in attributable breach of the agreement.

8.5 All prices charged by Attech Media are exclusive of VAT (BTW, 21%), unless expressly stated otherwise. VAT is specified separately on the invoice in accordance with applicable Dutch tax regulations.

8.6 Travel costs, accommodation costs and other project-related expenses will, unless included in the quotation, be charged separately on the basis of actual costs.

8.7 Disputes regarding invoices must be submitted in writing within seven (7) calendar days of the invoice date. After this period, the invoice shall be deemed irrevocably accepted.

8.8 Set-off or suspension of payment by the Client is expressly not permitted, unless a claim by the Client against Attech Media has been irrevocably established by a court of law.

ARTICLE 9 — CANCELLATION & SUSPENSION

9.1 Cancellation of an assignment must be made in writing and will only be accepted by Attech Media when confirmed by e-mail or registered letter.

9.2 As assignments are paid in full in advance, the full amount paid will not be refunded upon cancellation by the Client. Work already carried out, reserved capacity and costs incurred are deemed to be fully covered by the advance payment.

9.3 Attech Media is entitled to cancel or suspend an assignment in the event of force majeure. In such a case, Attech Media will offer the Client a new date or alternative. If no agreement is reached, the amount already paid will be refunded less any costs already incurred.

9.4 Force majeure includes any circumstance beyond the reasonable control of Attech Media, including illness, extreme weather conditions, equipment failure, government intervention, or the failure of essential service providers.

9.5 Attech Media is entitled to dissolve the agreement in writing with immediate effect — without any obligation to refund — if the Client is declared bankrupt, applies for a moratorium on payments (surseance van betaling), or acts in breach of these Terms and Conditions.

9.6 Attech Media reserves the right to refuse or terminate an assignment if its content or progress is contrary to law, morality or the professional integrity of Attech Media. In such a case, only costs not yet incurred will be refunded on a pro-rata basis.

ARTICLE 10 — LIABILITY & INDEMNIFICATION

10.1 The total liability of Attech Media, on whatever basis, is at all times limited to the net invoice amount of the relevant assignment, exclusive of VAT. Where an assignment involves multiple instalments or phases, liability is limited to the amount attributable to the component from which the damage arose.

10.2 Attech Media is never liable for:
— indirect or consequential loss, loss of profit, missed savings, reputational damage or business interruption;
— damage arising from incorrect, incomplete or late information, materials or instructions provided by the Client;
— damage resulting from defects in or unsuitability of equipment, locations or materials provided by the Client;
— damage caused by third parties involved in the execution at the Client’s instruction;
— loss, damage or corruption of digital files after delivery to the Client;
— damage arising from the use of delivered Material for purposes other than those for which it was provided;
— damage resulting from technical failures, internet service outages or actions of hosting providers.

10.3 Attech Media is not obliged to retain or deliver raw files, unedited footage or intermediate versions, unless expressly agreed in writing. Following delivery of the final product and the expiry of thirty (30) calendar days, Attech Media is entitled to delete all project files.

10.4 The Client shall fully indemnify Attech Media against all third-party claims arising from or in connection with the execution of the assignment, including but not limited to claims for infringement of intellectual property rights or violation of third-party portrait rights.

10.5 Claims for damages expire after six (6) months from the moment the Client discovered or could reasonably have discovered the damage, and in any event after twelve (12) months from delivery of the relevant service.

10.6 The exclusions and limitations of liability in this article do not apply to the extent that the damage is the direct result of intent or wilful recklessness on the part of Attech Media itself.

ARTICLE 11 — CONFIDENTIALITY

11.1 Both parties undertake to maintain confidentiality with respect to all confidential information obtained from or about the other party in the context of the agreement.

11.2 Information is considered confidential if it has been expressly designated as such, or if its confidential nature is apparent from the nature of the information.

11.3 This confidentiality obligation does not apply where disclosure is required by law or ordered by a competent judicial authority.

11.4 The obligations set out in this article remain in force for a period of two (2) years following termination of the agreement.

ARTICLE 12 — PERSONAL DATA & PRIVACY

12.1 Attech Media processes the Client’s personal data in accordance with the General Data Protection Regulation (GDPR) and the Dutch Implementation Act (Uitvoeringswet AVG).

12.2 The legal bases for processing are: (i) performance of the agreement (Art. 6(1)(b) GDPR), (ii) the legitimate interests of Attech Media in the execution and optimisation of its services (Art. 6(1)(f) GDPR), and (iii) the consent of the Client as granted upon acceptance of the agreement.

12.3 In the context of AI tools and automated image processing workflows (see Article 5a), Attech Media may process image material containing personal data. The legal basis for this is legitimate interest (Art. 6(1)(f) GDPR) in combination with contractual necessity. The Client has the right to object in accordance with Article 5a.4.

12.4 The data subject whose personal data are processed has the following rights: right of access, rectification, erasure, restriction of processing, data portability, and the right to object. Requests may be submitted to info@attechmedia.com.

12.5 Attech Media will not share personal data with third parties, unless this is necessary for the execution of the assignment or required by law.

12.6 The processing of personal data is further detailed in Attech Media’s Privacy Policy, available at attechmedia.com and provided upon request.

ARTICLE 13 — COMPLAINTS & DISPUTES

13.1 Complaints regarding the execution of an assignment or the delivered Material must be submitted in writing, with reasons, within fourteen (14) days of delivery or of the moment when the Client reasonably could have discovered the defect.

13.2 The submission of a complaint does not suspend the Client’s payment obligations.

13.3 Attech Media will respond to complaints in writing within fourteen (14) business days of receipt. Where handling requires more time, the Client will receive an acknowledgement of receipt with an indication of the expected processing time.

13.4 In the event of a dispute, the parties shall first endeavour to reach an amicable resolution. If this proves impossible, the competent court in the district of Midden-Nederland shall have exclusive jurisdiction.

ARTICLE 14 — GOVERNING LAW

14.1 Dutch law exclusively governs all offers, agreements and deliveries by Attech Media.

14.2 The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

ARTICLE 15 — AMENDMENT OF TERMS

15.1 Attech Media reserves the right to amend these Terms and Conditions. Amended terms apply to new assignments and will be communicated to the Client in a timely manner.

15.2 The most current version is always available at attechmedia.com. The Client is deemed to have accepted any amendments if the Client continues to use Attech Media’s services following notification of the amendment.

ARTICLE 16 — FINAL PROVISIONS

16.1 These Terms and Conditions have been filed with the Dutch Chamber of Commerce (Kamer van Koophandel) under registration number 82451234.

16.2 In cases not provided for by these Terms and Conditions, the provisions of the Dutch Civil Code (Burgerlijk Wetboek) shall apply.

16.3 The most recent version of these Terms and Conditions is available at attechmedia.com and will be provided free of charge upon request.

16.4 For questions regarding these Terms and Conditions, please contact us at info@attechmedia.com or +31 6 81936553.

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Attech Media · Ennemaborgstraat 19, 1333VJ Almere · KVK 82451234 · BTW NL004567890B01
info@attechmedia.com · +31 6 81936553 · attechmedia.com