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Terms and Conditions

 

1. Definitions

The terms of this Agreement, apply to all goods and services supplied by John MacLean Photography (hereinafter referred to as the ‘Supplier’) to the ‘Client’ (the ‘Client’ is the individual or organisation to whom the invoice is addressed, even if they are acting for a third party), and refers to all photographic media supplied by the Supplier, including digitally transmitted images, digital files, digital scans and data discs, traditional film, negatives, prints and transparencies.

In this agreement the terms 1) ‘Picture’ includes a photograph, negative, transparency, print, design, artwork, painting, montage, drawing, engraving, or any other item which may be offered for the purposes of reproduction; 2) ‘Reproduction’ includes any form of publication or copying of the whole or part of any picture, altered or not, whether by printing photography, slide projection, xerography, artists reference, artists illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.

2. Copyright, use of pictures and delivery of pictures

In accordance with the Copyright, Designs and Patents Act 1988, copyright in all pictures is retained by the Supplier, and pictures supplied may be used by the Client, or a third party for whom the Client is acting, only in accordance with the terms of use between the Supplier and the Client, which comes into force when the Supplier accepts a commission from the Client. No copyright in any picture shall pass to the Client whether on its submission or in the Supplier’s grant of reproduction rights in respect thereof. Any reproduction rights granted to the Client are by way of licence and no partial or other assignment of copyright by the Supplier shall be implied. Use of images on any website, social media, any other digital media, or in printed form is expressly forbidden without licence. A licence to reproduce images in any format/media is granted only after full payment of all sums due to the Supplier. Using images without prepaid licence is strictly forbidden, and constitutes a breach of Copyright.
Pictures shall not be copied, forwarded or otherwise disposed of, and no use whatsoever shall be made of them by the Client, without prior written consent of the Supplier.

Any reproduction of pictures outside the terms of any licence terms agreed in writing constitutes an infringement of copyright and written agreement must be reached with the Supplier prior to any use of the whole or part of any picture outside the agreed licence terms, or after the licence to use has expired, if an expiry date applies.

Reproduction rights are not granted exclusively to the Client except when specified on the invoice. Reproduction rights granted are specific to the client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to any third parties save for the purpose of the exercise by the Client of such reproduction rights.

Reproduction rights (if and when granted) are strictly limited to the use, period of time and territory specified on the Supplier’s invoice. It is the Client’s responsibility to ensure that all necessary rights, model releases or consents which may be required for reproduction are obtained and it is acknowledged that the Supplier gives no warranty or undertaking that any such rights, releases or consents are 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 is used or reproduced by or with the authority of the Client, then the Client shall indemnify the Supplier against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.

Where pictures in print or digital form need to be delivered to the Client by a certain date, the Client should at the time of ordering pictures or initially booking photographic services request Special Delivery or a similar guaranteed delivery-time service for items delivered by post, or in the case of files to be delivered online send detailed instructions by email. Whilst every effort is made to deliver pictures within the estimated time frame (if specified) given by the Supplier, the Supplier cannot accept any responsibility for late delivery due to unforeseen circumstances, loss of material online or in the postal service, or for late dispatch/delivery by a third party over which the Supplier has no direct control (e.g. printing labs). Unless agreed in writing, no guaranteed delivery times will be given by the Supplier at any time after an order has been received with no specific delivery time instructions attached to that order. The Supplier does not accept responsibility for any loss, damage, proceedings or costs in the event of complaint, where the Client has not provided in advance a full, detailed brief for all the work required, including exact instructions for any specific images required.

Mounting & framing: prices for mounting and framing work are guaranteed where the same materials ordered by the Client are used for the work: in the event of a change in prices, the Client will be notified of this by the Supplier before the work is carried out.
In the event of the Client failing to collect finished mounted/framed work, the Supplier reserves the right to apply an unmounting/unframing fee. In this event, any discounts or special offers pertaining to the work are automatically rescinded and an unmounting/unframing fee of 50% of the full selling price of the finished work applies.

3. Storage

Save for the purposes of reproduction for the licensed use(s) the client agrees not to store pictures in any form of electronic medium without the written permission of the Supplier. Any manipulation of the picture or use of only a portion of the picture may only take place with the permission of the Supplier.

Electronic use, storage or transmission of pictures beyond the terms stated in this Agreement and/or any Licence supplied is forbidden without the express written permission of the Supplier.

Where permitted, pictures stored by the Client shall be recorded and labelled with the original filename used by the Supplier, with the copyright and credit information of the Supplier attached, and stored on a secure database under the sole control of the Client.

4. Picture credits

The right to be identified as the author of the pictures and the right to a byline credit is asserted in accordance with Sections 77-78 of the Copyright Designs & Patents Act, 1988.

Standard picture credit should be:   Photo © John MacLean Photography

5. Indemnity

The Supplier takes all reasonable care in the fulfilment of this Agreement, but shall not be held liable in any way for any loss or damage suffered by the Client or any third party arising from the use or reproduction of any picture, or any caption or text used with it.

The Client agrees to indemnify the Supplier in respect of any claims or damages or any costs arising in any manner from the reproduction without agreed reproduction rights of any picture or part of, supplied to the Client by the Supplier.

6. Booking

A booking is considered firm upon receipt of written confirmation and/or receipt of the brief. All bookings must be confirmed by email to john@johnmacleanphotography.com and clients should receive a reply email within 24 hours, confirming the booking.

7. Payment

Payment terms are strictly 30 days from date of invoice, by cheque made payable to “John MacLean Photography” or, preferably, by BACS (details will be supplied with the invoice).  The Supplier reserves the right to exercise the statutory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts Act if payment is not received according to agreed credit terms: interest on overdue debts will be charged monthly at equivalent 8.25% p.a. (current Bank of England Base Rate +8%).

8. Expenses

Where any extra expenses, whether financial or in extra working time, are incurred by the Supplier as a result of changes to the original brief by the Client, or otherwise at their request, or due to circumstances beyond the Supplier’s control, the Client shall give approval to and be liable to pay such extra expenses or fees at the Supplier’s standard rates in addition to the fees shown on the commission form(s) or accepted quote(s) supplied.

9. Discount

Any discount offered by the Supplier will be automatically revoked and the full amount charged on all invoices not paid within the specified 30 days as mentioned in Section 7.

10. Law

All Contracts between the Supplier and the Client shall be governed by the laws of Scotland and both Parties agree to submit to the jurisdiction of the courts of Scotland.

11. Variation

No variation in the Terms & Conditions set out here shall be effective unless agreed in writing by both parties.

Use of this website, booking of the Supplier’s services and/or use of the Supplier’s pictures from the Supplier or from a third party confirms acceptance of these Terms and Conditions, and confirms that clients agree to be bound by the Terms and Conditions of this Agreement.

 

© John MacLean Photography, Isle of Lewis, 2017.

 

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