PUBLIC OFFER

This Public Offer (hereinafter referred to as the Offer) constitutes an official proposal to enter into an author’s commission agreement under the terms and conditions set forth below.

The Contractor offers an unlimited number of persons to enter into an agreement for the provision of interior and architectural photography services based on the Client’s request, in accordance with the legislation of the Republic of Kazakhstan.

Acceptance of this Offer constitutes the Client’s full and unconditional agreement with all of its terms and results in the conclusion of a binding agreement between the Contractor and the Client under the conditions set forth herein.

The Client confirms that prior to acceptance of this Offer, they have fully reviewed its terms, understand its content, and acknowledge the legal consequences of its acceptance.

1. TERMS AND DEFINITIONS

1.1. Work (Photograph) — a visual image created by the Contractor as a result of a photographic shoot.

1.2. Contractor — a photographer providing interior and architectural photography services.

1.3. Client — an individual or legal entity that has accepted the terms of this Offer.

1.4. Offer — this document published on the Internet.

1.5. Acceptance — full and unconditional acceptance of the terms of this Offer by performing the actions specified in Section 2 of this Offer.

1.6. Website — the Contractor’s online resource containing information about services, pricing, and terms of cooperation.

1.7. Request — an expression of the Client’s intent to order the Contractor’s services, made via electronic correspondence, messengers, social networks, or through the Contractor’s Website.

2. SUBJECT OF THE OFFER AND ACCEPTANCE PROCEDURE

2.1. The Contractor undertakes, based on the Client’s request, to conduct a photographic shoot, independently develop the artistic concept of the shoot, create the Works, and grant the Client the right to use them within the scope defined by this Offer and the Terms of Cooperation.

2.2. The Client undertakes to pay for the Contractor’s services in the amount and manner specified on the Website or agreed upon by the parties via electronic communication.

2.3. Acceptance of this Offer shall be deemed completed upon the Client performing any of the following actions:

• full or partial payment for the Contractor’s services;
• confirmation of agreement with the terms of this Offer via electronic correspondence;
• submission of a Request to the Contractor.

2.4. From the moment of Acceptance, the agreement shall be deemed concluded and binding on both parties.

3. SERVICE PERFORMANCE PROCEDURE

3.1. The photographic shoot shall be carried out on the date, at the time, and at the location agreed upon by the Contractor and the Client.

3.2. In the absence of a technical assignment, the artistic concept, visual techniques, compositional decisions, choice of equipment, and shooting methods shall be determined solely by the Contractor, based on professional experience and authorial style.

3.3. Selection, processing, retouching, color correction, and artistic interpretation of photographs constitute creative processes of the Contractor and shall not be subject to interference by the Client.

3.4. The Client confirms that they have reviewed the Contractor’s portfolio and accept the Contractor’s style, visual language, and color treatment.

3.5. The Contractor shall not be liable for the aesthetic characteristics of the location chosen by the Client, nor for the appearance of the Client or other persons participating in the shoot.

3.6. Detailed terms of service provision, including delivery deadlines, scope of retouching, photograph selection procedure, rescheduling and cancellation terms, RAW file delivery, and other parameters, are governed by the Terms of Cooperation published on the Contractor’s Website and form an integral part of this Offer.

4. COPYRIGHT, LICENSE, AND USE RESTRICTIONS

4.1. The Contractor is the sole author of all created Works. All moral (non-property) and exclusive property rights to the Works belong to the Contractor unless otherwise expressly agreed by the parties in writing.

4.2. The Client is granted the right to use the Works under a standard (non-exclusive) license within the scope and under the conditions specified in the Terms of Cooperation.

4.3. Transfer of exclusive rights or extended usage rights shall be carried out only under a separate written agreement and for additional remuneration.

4.4. Restrictions on Use of the Works

The Client is entitled to use the Works strictly within the limits of the granted license.

Without the Contractor’s prior written consent, the Client is prohibited from:

• transferring the Works to third parties for independent and/or commercial use;
• selling, alienating, or otherwise commercially distributing the Works;
• using the Works as part of merchandise, printed or digital materials intended for resale or mass reproduction;
• providing the Works to contractors, marketing agencies, developers, or other third parties for use beyond the agreed license;
• making alterations, distortions, or derivative works that violate the Contractor’s authorial intent.

4.5. Attribution

For any public use of the Works, the Client is obliged to credit the Contractor by name unless otherwise expressly agreed by the parties in writing.

Use of the Works without attribution is permitted only upon acquisition of the appropriate license or execution of a separate written agreement.

5. REMUNERATION AND PAYMENT PROCEDURE

5.1. The cost of the Contractor’s services is specified on the Website or agreed upon by the parties via electronic communication.

5.2. Payment shall be made in the manner and within the timeframes agreed upon by the parties. Payment of an advance confirms the reservation of the shooting date.

5.3. License remuneration for the use of the Works is included in the service fee unless otherwise specified in the Terms of Cooperation.

6. CONSENT TO USE OF THE WORKS BY THE CONTRACTOR

6.1. The Client grants the Contractor the right to use the created Works in the Contractor’s portfolio, on the Website, on social media platforms, in professional publications, competitions, and exhibitions, unless otherwise agreed by the parties in writing.

6.2. This consent is granted for an unlimited period and is valid worldwide.

7. LIABILITY OF THE PARTIES

7.1. The parties shall be liable for failure to perform or improper performance of obligations in accordance with the legislation of the Republic of Kazakhstan.

7.2. The Contractor shall not be liable for the Client’s subjective assessment of the artistic value of the Works, provided they correspond to the Contractor’s portfolio and authorial style.

8. DISPUTE RESOLUTION

8.1. Any disputes and disagreements shall be resolved by the parties through negotiations.

8.2. If no agreement is reached, disputes shall be resolved in court in accordance with the legislation of the Republic of Kazakhstan.

9. PERSONAL DATA

9.1. The Client consents to the processing of personal data in accordance with the Law of the Republic of Kazakhstan «On Personal Data and Their Protection».

9.2. Personal data shall be processed solely for the purpose of fulfilling this Offer, communicating with the Client, and carrying out settlements.

10. FINAL PROVISIONS

10.1. This Offer is valid indefinitely and may be amended by the Contractor unilaterally by publishing an updated version on the Website.

10.2. Electronic correspondence between the parties shall have legal force.

10.3. The Terms of Cooperation published on the Contractor’s Website form an integral part of this Offer.

Contractor:
Full Name: Roman Andreevich Yakunin
IIN: 971 012 300 039
Phone: +7-706-651-77-20
E-mail: info@yakunin.kz