Defined production scope
Preparation, photography, agreed selection and retouching are listed separately in the written offer.
Terms & Conditions
These terms describe the framework for BANHALMI photographic services. The website, calculator and enquiry forms provide information and do not create a contract. A binding engagement arises only after the scope, price, usage rights and date have been confirmed in writing.
Provider and scope
These terms apply to photographic and related creative services supplied by Norbert Banhalmi e.U. Mandatory consumer-protection rights remain unaffected.
Enquiries, offers and contract formation
Website enquiries and calculator results are non-binding. Offers remain non-binding unless they expressly state a validity period. A contract is formed only through written acceptance or a separate signed agreement.
Scope, cooperation and client responsibilities
The written offer defines the assignment, location, timetable, participants, deliverables, retouching, usage, travel and production requirements. The client must provide accurate information, timely access, permissions and authorised contacts. Delays or additional work caused by missing information or changed instructions may be quoted separately.
Fees, VAT and payment
Fees, expenses, applicable VAT, deposit and payment deadlines are stated in the individual offer. Unless agreed otherwise, rights of use become effective only after full payment. Statutory default consequences remain applicable.
Scheduling, cancellation and force majeure
Rescheduling and cancellation conditions are agreed per assignment. Where no specific rule has been agreed, documented external costs and work already performed remain payable. Neither party is liable for delay caused by events outside reasonable control; both parties must cooperate to find a proportionate alternative.
Selection, delivery and archiving
Selection method, file format, delivery channel and estimated delivery date are agreed in writing. RAW files and rejected working files are not included unless expressly agreed. Long-term archiving is not guaranteed; clients should securely store delivered files.
Copyright and usage rights
Copyright remains with the photographer unless mandatory law provides otherwise. Only the expressly agreed, non-transferable scope of use is granted. Additional media, territory, duration, paid advertising, sublicensing or transfer to third parties requires written approval. Moral rights, credits and restrictions stated in the offer must be respected.
Portraits, portfolio publication and sensitive work
Publication by BANHALMI is not automatic. Identifiable portraits, minors, private events, fine-art nude or intimate work are used for portfolio, exhibition, press or social media only where a valid agreement or other lawful basis exists. Separate releases may be required from depicted persons, guardians, locations or rights holders.
Consumer right of withdrawal
Where a consumer concludes a distance or off-premises service contract and mandatory withdrawal law applies, the consumer receives the legally required information and model withdrawal form before conclusion. Performance before the end of the withdrawal period starts only on an express request where required. Any loss of the withdrawal right occurs only under the statutory conditions. This website alone does not conclude a paid contract.
Defects and complaints
Please report objective delivery defects without undue delay and provide enough detail to assess them. Mandatory warranty rights remain unaffected. Artistic style, composition and selection consistent with the disclosed portfolio are not technical defects.
Liability
Liability is governed by mandatory law. Any contractual limitation applies only to the extent legally permitted and never excludes liability that cannot lawfully be excluded, including intentional conduct, personal injury or mandatory consumer claims.
Applicable law and jurisdiction
Austrian law applies to the extent permitted. Mandatory protections and jurisdiction rules of a consumer’s habitual residence remain unaffected. No clause restricts the right to contact a competent authority or consumer-redress body.
Data protection and communications
Personal data is processed as described in the Privacy Notice. Project communications may be stored as contractual evidence. Marketing communication is sent only where a valid legal basis exists.
Severability and precedence
The individual written offer and project agreement take precedence over these general terms. If a provision is invalid, the remaining provisions remain effective to the extent permitted by law.
BANHALMI
What the project fee covers
The calculator provides a non-binding estimate. The final scope, fee and delivery schedule become binding only in the accepted written offer.
Commercial usage included
The standard licence is unlimited in time and territory for the commissioning organisation and the agreed communication channels. Copyright remains with the photographer.
Vienna and Budapest
On-site work in Vienna and Budapest is included. Travel or production costs outside these locations are confirmed before booking.
Transparent totals
The quote shows net amount, VAT where applicable and gross total. Additional work is never added without written agreement.
File governance
Storage, access and deletion
The written offer records the delivery route, access period and any project-specific retention requirement. Delivery is not a promise of permanent archive storage.
Controlled access
Preview galleries, download links and working folders are limited to the agreed project team. Access links may expire and should not be forwarded outside the authorised group.
Delivered files and working files
The client receives the agreed final files. RAW captures, rejected frames, contact sheets and intermediate retouching files remain working material unless the written offer expressly includes them.
Retention and backup
BANHALMI may keep project files for a reasonable operational period, but does not guarantee permanent storage. The client is responsible for securely backing up the delivered package after download.
Deletion requests
A deletion request can be submitted in writing. Files are removed where the request applies, except where continued retention is required for an accepted contract, accounting, legal claims or another valid legal basis.
Publication control
Image use, approvals and reference rights
The written offer defines the intended channels, decision-makers and any restrictions before production. Delivery of files does not by itself authorise BANHALMI to publish a project as a reference.
Agreed use
The client may use the delivered images within the licence recorded in the offer, including the agreed internal, press, employer-branding, social or campaign channels. New uses outside that scope should be cleared in writing.
People and permissions
The client identifies who may be photographed and is responsible for the organisational notices, participant permissions and internal approvals required for the planned use. Sensitive or restricted participants can be excluded before or during production.
Approval before release
Where approval is required, only the selected and approved final images are released for publication. Contact sheets, previews and unapproved variants are not publication files.
Portfolio and later restrictions
BANHALMI uses client work in its portfolio, awards, press or educational material only where that use is agreed or otherwise lawfully permitted. A later restriction or removal request can be submitted in writing and will be assessed against existing licences, publications and legal obligations.
Commercial clarity
Booking fees, invoices and payment
The accepted written offer records the project fee, currency, VAT treatment, invoicing schedule and any agreed booking fee. The invoice states the applicable payment deadline.
When a booking fee applies
A booking fee is payable only when it is stated in the accepted offer. It secures the agreed production capacity and is credited against the project fee unless the offer states otherwise.
Invoices and currency
Invoices show the agreed currency, net amount, applicable VAT and gross total. Any staged or final invoice follows the milestones recorded in the accepted offer.
Payment and delivery
Payment is made by the method and deadline shown on the invoice. Where an agreed payment is overdue, further production, final delivery or renewed access may be paused until the account is settled.
No unapproved charges
Additional work, third-party costs or scope changes are invoiced only after written approval. Statutory or expressly agreed consequences of late payment remain unaffected.
Project governance
Approval, confidentiality and publication
The written offer identifies who may approve the work, what remains private and where the finished images may be published.
One authorised approver
The commissioning organisation names one authorised approver. Projects with several stakeholders return one single consolidated feedback round rather than conflicting individual instructions.
Confidential by default
Unreleased portraits, internal events, strategy material, contact sheets and project discussions remain confidential by default. Access is limited to the agreed project team.
Publication requires permission
BANHALMI does not publish client images as a portfolio, case study, press item or social post without written permission. The approved channels and timing are recorded separately from the usage licence.
Internal use and third parties
Internal distribution within the commissioning organisation follows the accepted offer. Transfer to agencies, media partners or other third parties must fit the agreed licence or receive written approval.
Scheduling and continuity
Booking, rescheduling and contingency
The written offer confirms when a date becomes reserved, how changes are handled and which costs can arise if circumstances move after production has started.
Confirmed reservation
A date is reserved only after written acceptance and any agreed booking payment. An enquiry, calculator result or calendar conversation alone does not hold a production date.
Rescheduling and delay
Changes caused by executive availability, venue access, weather or programme timing are handled in writing. We first seek a proportionate replacement date; confirmed external costs remain visible.
Cancellation and external costs
Cancellation terms are stated in the individual offer. Work already completed and documented third-party costs may remain payable; no undefined penalty is added outside the accepted agreement.
Illness, failure and force majeure
If illness, essential equipment failure or an event beyond reasonable control prevents delivery, BANHALMI prioritises a replacement date, equivalent professional solution or fair adjustment of the affected scope.