Commercial photography, web design, marketing - DMAyrshire

07514 402 248

info@dmayrshire.co.uk

TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF IMAGES FROM DIGITAL MARKETING AYRSHIRE

  1. In this Agreement the terms
    1. image 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.
    2. reproduction includes any form of publication or copying of the whole or part of any image 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
    3. client is the person or organisation to whom the invoice is addressed (whether or not the client is acting for a third party).
    1. The entire copyright for images is retained by Digital Marketing Ayrshire at all times throughout the world.
    2. Digital Marketing Ayrshire sells the right to reproduce the images it has produced in a given context. No property or copyright in any images shall pass to the client whether on its submission or on Digital Marketing Ayrshire’s grant of reproduction rights in respect thereof.
    3. Paul Roberts 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.
    1. Reproduction rights (if and when granted) are strictly limited to the use(s) specified on Digital Marketing Ayrshire invoice. An agreement must be reached with Digital Marketing Ayrshire before the images are used for a different purpose.
    2. Reproduction rights are not issued exclusively to the client except when specified on the invoice.
    3. Reproduction rights granted are personal to the client and may not be assigned, nor may any image 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.
    4. Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
    5. Digital Marketing Ayrshire reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the client.
  2. The following terms are used when describing the reproduction rights granted by Digital Marketing Ayrshire to the client:
    1. Internal Use only: The right to use the images 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.
    2. PR and Press distribution: The right to use the images as described in 4(a); plus a licence for third parties to reproduce such images in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
    3. Specified Use Only: The right to use the images once only for the purpose as described on the invoice.
    4. Editorial: One reproduction only of images supplied within one print edition of the specified title in an editorial context only.
    1. Once the client has made a booking for a specific time and date, Digital Marketing Ayrshire will not accept any other work from other clients for those times and dates.
    2. 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 10% of the cost of booked session will be charged. When a client cancels photography within one weeks of any confirmed date, a fee of 20% 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 Digital Marketing Ayrshire.
    1. Until Digital Marketing Ayrshire has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any image. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Digital Marketing Ayrshire 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 Digital Marketing Ayrshire may in its discretion cancel subject to the client paying a cancellation fee.
    2. The client's right to reproduce an image arises only when Digital Marketing Ayrshire ‘s 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 Digital Marketing Ayrshire to rescind the Agreement and rendering the client liable for the payment of damages.
    3. If payment is not made in accordance with (a) above then Digital Marketing Ayrshire 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.
    4. 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 Digital Marketing Ayrshire may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
    5. A fee of £5 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
    6. Digital Marketing Ayrshire reserves the right to suspend ongoing services, such as (but not limited to) access to the download web page or other distribution of images, 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.
    1. No addition to, deletion from or alteration to or adaptation of an image may be made without the written permission of Digital Marketing Ayrshire.
    2. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
  3. In the case of printed publications, a copy of the relevant pages containing any image supplied are to be furnished to Digital Marketing Ayrshire free of charge within two weeks. In other media, evidence of use must be made available if requested.
    1. While Digital Marketing Ayrshire 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 or by any third party arising from use or reproduction of any image or its caption.
    2. The client agrees to indemnify Digital Marketing Ayrshire in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the client by Digital Marketing Ayrshire.
    3. 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 Digital Marketing Ayrshire 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 image. In the event that the image issued or reproduced by or with the authority of the client then the client shall indemnify Digital Marketing Ayrshire against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
    1. This Agreement shall be subject to and constructed according to Scottish Law and the parties agree to accept the exclusive direction of the Courts of Scotland.
    2. No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.