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For the purpose of this agreement "Photographs" means all photographic material furnished by Picture Partnership, whether transparencies, negatives, prints, digital files / images or any other type of physical or electronic material. “Client” means the Agency, Publisher, Manufacturer, Advertiser or other person or company commissioning Picture Partnership.
Contract & Variation:
These terms & conditions shall apply to the exclusion of any other terms & conditions put forward by the Client. These terms and conditions shall not be varied except by agreement in writing by Picture Partnership.
The Photographer accepts no liability for non-supply of pictures for whatever reason. It is the client's responsibility to ensure that all the necessary clearances have been obtained to allow the pictures to be taken without hindrance either on location or infringements of trademarks or copyrights.
Any queries relating to the Pictures supplied must be raised immediately upon their receipt. Pictures cannot be rejected for reasons of style or composition.
Invoices must be paid within the specified credit period of 30 days. Overdue invoices will be subject to interest as set out under The Late Payments of Commercial Debts (Interest) Act 1998. Interest on overdue debts will be charged at base rate +8%. In addition, in accordance with European Directive 2000/35/EC, a debt recovery fee of £40.00 will also be charged.
Any discounts agreed with Picture Partnership will automatically be revoked if payment is not received on time. The discount given will be invoiced and expected in full within 30 days.
Picture Partnership retains full Copyright in all images created by Picture Partnership at all times throughout the world as laid down in the Copyright Designs & Patents Act 1988.
Photographs ordered, whether digital or print, via our website are solely purchased for personal and private use only, unless otherwise stated and agreed beforehand in writing, including email. No license becomes effective until the invoice is paid in full. No use may be made of the Photographs before payment without the Photographers express permission. Any permission for prior use will be automatically revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. The license is granted to the named Client only and is not transferable. Permission to use the Photographs for purposes outside the terms of the license will normally be granted upon payment of a further fee, which must be mutually agreed before such further use. Unless otherwise specified all commissions will be licensed under our ʻStandard License of Two Years, Press and PR use within the UKʼ.
The Client will be authorised to publish the photographs within the term of the license to the exclusion of all other persons including the photographer. However, Picture Partnership retains the right in all cases to use the photographs in any manner at any time in any part of the world for purposes of advertising or otherwise promoting his work. After the exclusivity period indicated in the Usage License Picture Partnership shall be entitled to use the Photographs for any purposes.
Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer.
Cancellation & Postponment:
A booking is considered firm as from the date of confirmation, and accordingly Picture Partnership will charge a fee for cancellation or postponement. The percentage charged is of the ʻPhotography Feeʼ together with any expenses already incurred and are as follows:-
More than 72 hrs to start time 25% More than 48 hrs to start time 50% Less than 48 hrs to start time 100%
The laws of England & Wales shall govern this agreement. Picture Partnership retains full Copyright in all images, at all times throughout the world as laid down in the 1988 ʻCopyright Designs & Patents Act 1988.