General terms and conditions of order
By accepting the present terms and conditions, the Customer shall only be entitled to use the photos for private and personal purposes. Any usage for direct or indirect income generating or increasing purposes is excluded. If you wish to order photos for other purposes, an individual agreement containing the exact description of the photos' intended usage shall be concluded.
1. Scope of the Agreement
1.1. Pursuant to the present Agreement, the Customer shall obtain the right to use the electronic photos available in the Photo gallery of the Foundation's website (hereinafter referred to as "the photos"), which may be ordered electronically, for private purposes.
2. Conclusion of the Agreement
2.1.The order placed by the Customer, by filling in the order form available on the Foundation's website and by submitting it either electronically or by post, is received by the Foundation.
2.2.The Foundation shall confirm the order by sending the Customer a pro forma invoice. The photos ordered shall be sent to the e-mail address indicated by the Customer within 5 business days from the presentation of a document proving the payment (receipt or copy of postal order, certificate of bank transfer). The invoice of the usage fee paid shall be sent to the Customer by post.
3. Modalities and Measure of the Usage Fee
3.1. By paying the usage fee, the Customer shall acquire the right to use the photos for private purposes. Any usage for direct or indirect income generating or increasing purposes is excluded.
3.2. The usage right shall not entitle the Customer to modify or multiply the photos in any way. The photos shall only be modified upon separate agreement. Without the explicit written permission of the proprietor of rights, the Customer shall not be entitled to modify, in any way, the visual aspect of the images.
3.3. The Foundation shall publish its general rights related to the photos that it offers for sale on its website www.mindszentyalapitvany.hu (www.mindszenty.katolikus.hu, www.fidelissimuspastor.hu) (Copyright).
3.4. Usage rights do not include the right to pass on the photos to third persons in any way.
3.5. The Customer shall not be entitled to publish the photos in any way. Usage rights only refer to private purposes.
4. Rights and Obligations of the Parties
4.1. The Foundation:
– shall provide the Customer with the data of the photos (size, resolution, other information);
– undertakes to send electronically the photos ordered via e-mail to the Customer within 5 business days from the reception of the receipt of the usage fee payment.
4.2. The Customer:
– by accepting the present terms and conditions, undertakes to observe the terms and conditions laid down by the present Agreement;
– by accepting the present terms and conditions, undertakes to pay the usage fee determined on the basis of the list of usage fees published by the Foundation and of the specific order by the deadline set by the pro forma invoice;
– declares under penalty of perjury that his name, address, e-mail address and phone number indicated in the order form are true and correct.
5. Usage fee
5.1. The Customer shall pay the fee for the photos' right of usage for private purposes to the proprietor of rights.
5.2. The Parties shall apply the published fees for the photos available for order through the Foundation's website, except for the photos ordered not for private purposes. The usage fees of photos ordered for other purposes shall be subject to a separate agreement by the Parties, depending on the type of usage.
5.3. The Customer shall fulfil his payment obligation based on the order and its confirmation, in the way specified therein (bank transfer). In order to facilitate the identification of orders, the Customer shall indicate his name and the identification number of the order in the comments section of the transfer. The Customer may only take possession of the photos ordered following the payment of the usage fee.
6.1. Should the Customer act in excess of his usage rights accepted in the usage agreement, he thus contravenes the law and shall be obliged to assume the legal consequences determined by the Copyright Act and the Hungarian Civil Code.
6.2. With respect to matters not regulated hereunder, the provisions of Act LXXVI of 1999 on Copyright and the provisions of the Hungarian Civil Code, as underlying law, shall prevail.
6.3. Any legal dispute arising from the present Agreement shall be settled in a court proceeding.