Terms and Conditions
Note - For the purpose of this document John
Ashley Photography shall be referred to as JAP. The visitor to the
site or the individual (whether representing an organisation or not)
who orders an image shall be referred to as the Client.
01 IN THIS AGREEMENT the term picture or image
includes photography, transparency, negative, design, artwork,
painting, engraving, digital image file or any other item which may be
offered for the purpose of reproduction; the term reproduction
includes any form of publication or copying of the whole or part of
any picture whether altered or not and whether by printing,
photography, slide projection (whether to an audience or not),
xerography, electronic or mechanical reproduction or storage. Or for
any use as artist's reference or illustration, or in a layout or
presentation.
02 NO VARIATION OF the terms and conditions set out here will be
effective unless agreed in writing by both parties. In the event of
any conflict between these terms and conditions (including those
relating to the time of payment) and those issued or submitted by the
Client and in the absence of any contrary agreement in writing these
Terms and Conditions shall prevail.
03 PICTURES ARE SUPPLIED on loan and no property or copyright in any
picture passes to the Client either on submission of the pictures or
on the grant by John Ashley Photography (JAP) or reproduction rights
for any picture.
04 THE INVOICE lists all the pictures delivered to the Client using
the image number as a unique reference. The picture are presumed to
have been received in good condition unless the Client notifies JAP in
writing of any discrepancy or error within 14 days of receipt.
05 PERMISSION TO REPRODUCE a picture is granted to the Client by JAP
only when a fee for the reproduction has been agreed with JAP and an
invoice has been issued by JAP and paid in full by the Client to JAP.
06 IF JAP'S INVOICE is not paid in full within 30 days of issue, JAP
may charge interest on the overdue payment at 2.5% per month or part
of a month.
07 PERMISSION TO REPRODUCE a picture applies only to the reproduction
described in the invoice or licence. In the event of unauthorised
reproduction, the Client shall pay by way of liquidated damages to JAP
an unauthorised use fee of £100 or double the standard reproduction
fee for the use concerned, whichever is the greater.
08 THE RIGHT TO reproduce a picture granted by JAP is personal to the
Client and may not be assigned to any third party without JAP's prior
written consent.
09 THE CLIENT MAY not alter or add to or manipulate a picture by means
of computer or any other technique or reproduce a picture in whole or
in part as an element within, or as a montage with, another picture
without JAP's written permission.
10 WHILE JAP HAS taken reasonable care to correctly identify, caption
and orientate the pictures, it does not accept any liability for loss
or damage incurred by the Client or any third party caused by any
errors
11 UNLESS SPECIFIED IN writing, JAP makes no claim or warranty as to
the existence or validity of connected therewith model or other
releases in respect of the pictures or as regards the reproduction by
the Client of any names or trade marks depicted in the pictures. It is
the Client who must satisfy himself that all necessary rights,
releases or consents required for reproduction have been obtained.
12 JAP DOES NOT permit "self-billing" by the Client and a
licence to reproduce is granted only when the full fee has been agreed
with, invoiced by, and paid to JAP in accordance with condition 05
above.
13 THE CLIENT WILL fully indemnify JAP against any unauthorised
reproduction of a picture submitted to the Client made by any third
party as a result of or arising out of any breach by the Client of any
of these terms and conditions (including but not by way of limitation
the Client allowing a picture or a copy thereof to come into the
possession of a third party without JAP's prior written consent).
|