Terms And Conditions - peterbphotos

Terms And Conditions

TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES FROM PETERBPHOTOS.COM

1.

In this Agreement the terms (a) Picture includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction. (b) Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means (c) The Client is the person or organization to whom the invoice is addressed (whether or not the Client is acting for a third party). (d) Peterbphotos.com is a trading name of Peter Branch.

2.

(a) The photographs, digital negatives or prints produced by Peter Branch peterbphotos.com are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Peter Branch peterbphotos.com’s explicit written permission. The entire copyright in the pictures is retained by Peter Branch at all times throughout the world. (b) Peterbphotos.com supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Peterbphotos.com' grant of reproduction rights in respect thereof. (c) Peter Branch asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. (d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Peterbphotos.com any fee payable by the Client shall be subject to an increase specified by Peterbphotos.com, and in any event an increase of not less than 25%

3.

(a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Peterbphotos.com’ invoice. An agreement must be reached with Peterbphotos.com before the pictures are used for a different purpose or after the license to use has expired. (b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice. The Client must obtain written permission from, and compensate Peter Branch peterbphotos.com prior to an event where the Client, The Client’s friends or relatives publish or sell the photographs for profit. (c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights. (d) Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied. (e) Peterbphotos.com reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client.

4.

The following terms are used when describing the reproduction rights granted by Peterbphotos.com to the Client: (a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client's premises; editorial use in the Client's intranet site. (b) PR and Press distribution: The right to use the pictures as described in

4(a) Plus a license for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication. (c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice. (d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.

5.

(a) Risk in and responsibility for any original transparencies or prints passes to the Client from the time they are received until their safe return. The Client shall immediately inform Peterbphotos.com in writing of any loss or misuse of, or damage to the pictures while in the Client's possession or that of any third party. If a picture is not returned within four weeks of the date for return then Peterbphotos.com may in its sole discretion presume it to be lost. (b) The Client shall be liable to pay compensation to Peterbphotos.com in respect of each picture lost or damaged. Payment of compensation does not give rise to any rights in any picture. Compensation levels for the pictures are available from Peterbphotos.com upon request. These levels are a genuine pre-estimate of the loss, which would be suffered if such a picture were to be lost or damaged. The Client is urged to request these figures and to take out insurance cover to cover the total value of the pictures delivered.

6.

(a) Once the Client has made a booking for a specific time and date, Peterbphotos.com will not accept any other work from other clients for those times and dates. (b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one weeks of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Peterbphotos.com.

7.

(a) Until Peterbphotos.com has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Peterbphotos.com is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights Peterbphotos.com may in its discretion cancel subject to the Client paying a cancellation fee. (b) The Client's right to reproduce a picture arises only when Peterbphotos.com’ invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Peterbphotos.com to rescind the Agreement and rendering the Client liable for the payment of damages. (d) If payment is not made in accordance with (a) above then Peterbphotos.com may rescind this Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998. (e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that Peterbphotos.com may consider these invoices as overdue when pursuing legal action for the recovery of said debts. (f) A fee of £17 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the perusal of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices. (h) Peterbphotos.com reserves the right to suspend on-going services, such as (but not limited to) the Downloadable Web Page or other distribution of pictures, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.

8.

On the Client's death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Peterbphotos.com may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

9.

(a) Peterbphotos.com will edit every take and deliver what it considers to be the best of every situation covered. As a result, contact sheets (or their digital equivalent) will only be supplied to the client in exceptional circumstances. (b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Peterbphotos.com. (c) Peterbphotos.com will allow for limited professional image manipulation (if technically possible) on any images of The Client’s choice. This includes opening of individual’s eyes, red eye removal, de-ageing, removal of people and/or objects, insertion of missing people and/or objects, colour correction, special effects, portrait glamorization etc. It is understood that if a technicality prevents Peterbphotos.com from performing requested image manipulation, or if a technicality prevents the final result to meet The Client’s requirement, The Client will reside with the fact that Peterbphotos.com has performed to its best ability with regard to the specific task and that Peterbphotos.com has no further responsibility towards said image manipulation. (d) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.

10.

(a) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Peterbphotos.com free of charge within two weeks. In other media, evidence of use must be made available if requested. (b) The printing process can only start once Peterbphotos.com receives the order list for the required images. Digital processing takes approximately 2 weeks. Creation of an album takes 6-10 weeks, enlargements 1-2 weeks or possibly longer when laboratory and bindery schedules are heavy. (c) Peterbphotos.com will deliver the prints and any additional material once printing is completed. Peterbphotos.com will also deliver a CD with the high resolution negatives of all selected printed images. In addition to this, Peterbphotos.com will include a CD with low resolution digital negatives of all photographs not selected for printing. High resolution prints of these images can be ordered from Peter Branch peterbphotos.com at the specified tariffs. High Resolution negatives of any additional images ordered will also be provided. If The Client desires a copy of the additional digital negatives (images not selected for the paid package) in high resolution, these images may be purchased at a specified cost and will be supplied on CD. A low resolution digital negative CD will be given FREE with purchase of a Basic, Standard, Deluxe or Higher Packages.

11.

(a) While Peterbphotos.com takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption. (b) The Client agrees to indemnify Peterbphotos.com in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Peterbphotos.com. (c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Peterbphotos.com gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Peterbphotos.com against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained. The Client hereby assigns and grants Peterbphotos.com and its legal representatives the irrevocable and unrestricted right to use and publish photographs of The Client or in which The Client may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases Peter Branch peterbphotos.com and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Peterbphotos.com may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Peterbphotos.com. (d) It is understood that Peterbphotos.com will act as the sole and exclusive photographer. Because of the fact that flashes from guest’s cameras may ruin shots taken by Peterbphotos.com The Client acknowledges that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer are in session. Peterbphotos.com suggests that a separate notice be placed in the invitations. The formal photography time is for the exclusive use of Peterbphotos.com to capture the formal portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted at this time. (e) Peterbphotos.com will not tolerate verbally or physically abusive behaviour, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If The Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The Client understands that in such an event, no refunds will be granted. (f) The Client responsible for the conduct of their guests. The Client will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. The Client should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the day should be planned to make the best use of time from all vendors.

12.

Peterbphotos.com reserves the right of withdrawal on discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should Peterbphotos.com initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided. In case of withdrawal, £30.00 an hour is charged for all photography services already provided and £25.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.

13.

(a) In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Peterbphotos.com will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar payments received for the event package. (b) Peterbphotos.com takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of The Client’s photographs being lost, stolen or destroyed for reasons within or beyond Peterbphotos.com control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

14.

(a) This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England. (b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

PAYMENT

Payment should be made by cash, transfer or electronically made payable to "Peter Branch". Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery. Our terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.


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