TERMS & CONDITIONS OF PRO VISION PHOTOGRAPHY LTD - PHOTOGRAPHIC SERVICES BOOKING AGREEMENT
Please read the following Booking Terms & Conditions in full.
TERMS & CONDITIONS.
When booking any and all services with Pro Vision Photography Ltd you agree to the following Terms & Conditions:
It is mutually agreed that the following terms of agreement form an integral part of this order and that no variation or modification of this order shall be effective unless accepted by Pro Vision Photography Ltd in writing.
Full terms & conditions apply.
Any queries must be raised within 5 days of receipt of any image download email.
Definitions: For the purpose of this agreement “the Agency” and “the Advertiser” shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the photographer’s Client. “Photographs” means all photographic material furnished by the photographer, whether digital, transparencies, negatives, prints or any other type of physical or electronic material.
All bookings made, whether signed by contractual agreement, in writing by email, letter, verbally or other form of communication are subject to the same legal terms and conditions as here stated and any additional legal requirements under UK law governed by England & Wales.
Photographers Attendance, times and all fees are as agreed and terms for payment are the normal within 30 days, unless otherwise agreed prior to the assignment. Thereafter the full rates will apply with a replacement invoice with no prior discounts if such were offered. Additional attendance times are charged as will be appropriate.
As The Assigned Photographers, Pro Vision Photography Limited are inclusively assigned as the sole providers for photographic services to the assignment and it is understood that no other photographers or similar contractors may be permitted to undertake professional photographic services without the express permission of Pro Vision Photography Ltd. In order to provide the services as agreed the responsibility for the implementation of this understanding will be that of the Assignee of the Photographers. If any such case arises, other photographic service providers will be compelled by the Assignee to abstain from undertaking such services. If the Client does not act or the other photography service provider in question does not stop all filming or photography, then the Client will be responsible for compensation for any loss of earnings of Pro Vision Photography Ltd and will fulfill such payments in full within the usual 30 day period of the invoice date or date of the assignment undertaken.
Photographers Attendance / Additional Work or Images:
For Commercial Assignments Charged by Attendance/Time: A 1 day photographer attendance consists of a continuation to include any/all breaks of up to 7 hours. Any additional attendance time necessary by the photographer will include an additional attendance fee charged by the hour at the photographers normal rate, unless agreed otherwise at the time of booking with the hourly fee as a whole figure and not any part there-of.
For Commercial Assignments Charged by the image/per image: Any additional images requested by the client/agent of the client or necessarily undertaken by the photographer in performing the assignment are charged in addition to any fee agreed. The rate charged per additional image will be equal to the rate of the image rate charged at the outset of the assignment.
Image Proofs/Previews:This is an additional service and if required you will be quoted accordingly before the assignment is undertaken. Thereafter, no proofs/preview images, whether digital or in print form will be produced without a new/separate purchase order if a PO is required by you/your office.
The Photographer: On occasions and without notice it may be necessary for the photographer originally specified to be substituted by another photographer, (e.g. due to ill health, other or personal matters). Unless specified by the photographer at the time of booking or when substituted there will be no adjustment in fees or expenses unless additional expense is incurred necessitating the requirement for the photographer to include additional fees and/or expense to the assignment booking to the Client.
Payment Terms:All fees are due to be paid in full by the due date, within at least 30 days of the date of invoice. Payment for all additional work must be paid for in full within the same terms and to be paid for with the initial order and invoice date.
If the invoice is not paid in full within 30 days, the photographer reserves the right to retain and charge the £65 photographer attendance booking fee, which in effect is in part to also cover for administration, along with interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made. Interest will be incurred for late payment of any invoice at a rate of 8% above the late payment reference rate. A charge of £15 will be made for each email/fax/letter/text/phone call made/sent if invoices are not paid in full by the due date. Additional fees and charges may be incurred and will become due in addition to collection costs and professional charges for late payments of 90 days or more.Any and all discounts offered will have expired after 30 days and as such the full rate fees become applicable and agreed to by the Client. Such fees will be included within a revised invoice or on separate invoices as determined by the photographer.
Pro Vision Photography Ltd may proceed to County Court at its own discretion without notice to the debtor after 90 days of the date of invoice.
Invoicing & Purchase Orders: It is the sole responsibility of the client to provide from the outset any Purchase Order if such is required for payment to be fulfilled. Any delays in providing adequate information for the fulfilment of payment in full within 30 days will induce penalties to include a £40.00 administration fee for its delay and/or seeking out the required information in addition to the exclusion of any discounts given to the client for the procurement of the assignment.
Any amendments necessary on any invoices from Pro Vision Photography Ltd must be notified to us by the client or their agent, to include all information necessary for the completion of the invoice, within 5 working days of the date of invoice or of the assignment being undertaken (whichever is the longer).
Expenses: Where extra expenses or time are incurred by the photographer as a result of alterations to the original brief by the agency or the advertiser, or otherwise at their request, or as deemed required by the photographer, the agency shall give approval to and be liable to pay such extra expenses or fees, at the photographer’s normal rate, to the photographer.
VAT: All prices quoted exclude VAT at the standard rate. VAT number GB 152 3655 20
Discounts:Any discounts offered are strictly based solely on payment in full within the terms of the order (30 days). Thereafter any and all discounts will have expired and therefore do not apply and the full amount without any given discount will be due with the original invoice being replaced.
Delivery:Undelivered or faulty goods are to be notified within 5 working days of delivery/expected delivery. Faulty goods/images have to be returned to us on the original disc/material and no copies are to be made. Non faulty images may only be returned at the discretion of Pro Vision Photography Ltd.
Print Sales: Due to the custom nature of print sales, all prints are printed to order and no refunds can be offered after payment has cleared. Refunds will only be given for manufacturer defects or damage during shipping. All errors and defects must be reported within 48 hours of receipt of goods. Some partial cropping of the image may occur during printing.
Booking, Cancelation & Postponement: A booking is considered firm as from the date of confirmation, bookings can only be confirmed via email or in writing from the client, agency or advertiser. It is mutually agreed that all and any assignment cancelations or postponement by the Client or their Agents are liable for all fees, costs and expenses incurred relating to both the assignment and all ancillary matters relating to having cancelledor postponedafter having booked, to additionally include the initial agreed attendance and/or image fees at the following full/non-discounted rates: The date of cancellationor postponementis: more than 30 days @ 25% of fee, within 30-8 days @ 35% of fee, within 7-3 days @ 75% of fee, within 48 hours (2-0 days) @ 100% of fee.
Rejection: Unless a rejection fee or contract has been agreed in advance, there is no right to reject on the basis of style or composition.
Display:The client agrees to allow Pro Vision Photography Ltd to display any photographs covered by this assignment in their studio, portfolio, internet site, display areas, exhibitions, advertising, press, media, competitions, slide shows or other commercial and marketing uses. Exceptions include commercially sensitive images for a period of 12 months from the date of image capture or where otherwise agreed in writing prior to the assignment being undertaken.
Special Requests/Coverage:The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no photograph will be deemed more important than another. Special requests are not a binding instruction, although every effort is made to comply with the client's wishes. Pro Vision Photography Ltd will not be held responsible for the non co-operage/absence of persons or items in our photographs, adverse weather conditions or other circumstances which may influence the outcome of the photography.
Alterations to Assignment Date/Time:Any alteration or additions to the assignment date and/or time will induce a further payment as deemed necessary, fair and reasonable by Pro Vision Photography Ltd.
Photographs:All photograph sizes are nominal. The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials, monitors and image end uses, especially man-made materials. It is sometimes impossible to record photographically the exact colour of materials as seen by the human eye; therefore all colour balances are purely perceptional. We may deem it necessary to use our expertise to edit down as necessary to the best photographs for the final image/images.
Electronic Storage: Except for the purpose of reproduction for licensed use, the photographs may not be stored in any form of electronic medium without the written permission of the photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the photographer. The photographer stores images supplied, but due to the nature of electronic storage, future supply cannot be guaranteed. Unedited RAW files are kept by us for up to 2 weeks, often deleted, future supply cannot be guaranteed.
Copyright:The 1988 Copyright Design and Patents Act section 77 & 80 assigns the copyright of the photographs taken, to the photographer. It is contrary to the Act and an offence to copy or allow to be copied, the photographs covered by this contract by any means. The images/digital image files remain the property of the photographer. The photographer is employed by Pro Vision Photography Ltd, therefore unless agreed otherwise at the time of booking Pro Vision Photography Ltdretains copyright, property and titles of all photography and images worldwide and at all times.
Use: Images once supplied may not be forwarded to any 3rd parties for re-use. Images are supplied on a rolling licence, the licence only applies to the advertiser and product as stated and agreed at the time of booking and its benefit shall not be assigned to any third party without the Photographer’s permission. Images may not be re-used after the initial use without the photographer’s permission, for other purposes, e.g. use in relation to another product, company or sub-licensing through a photo library.
Exclusivity: The agency and advertiser will be authorised to publish the photographs to the exclusion of all other persons including the photographer. However, the photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. The photographer shall be entitled to use the photographs including out-takes for any purposes including for stock image libraries unless otherwise agreed at the time of booking.
Accreditation:Where it is reasonably possible all published photographs/images are to include Pro Vision Photography's website address as the credit within or exactly next to it, clear and legible as follows: www.provisionphoto.co.uk
Indemnity: The photographer agrees to indemnify the agency and the advertiser against all expenses, damages, claims and legal costs arising out of any failure by the photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the agency shall be responsible for obtaining such clearances and will indemnify the photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Force Majeure:The due performance of the work detailed above is subject to the photographer's alteration or cancellation owing to any cause beyond his/her control. In the unlikely event of the photographer's cancellation the following will apply: Arrangements will be made for another photographer of comparable standard to cover the shoot with agreed fees remaining unchanged; if this is not possible a full refund will be given of all monies paid to the date of cancellation.
Variation: These Terms and Conditions shall not be varied except by agreement in writing.
Jurisdiction:The laws of England & Wales shall govern this agreement.