Terms and Conditions

The rear badging on the Jaguar XE at its world premiere in Paris, 2014.

Here comes the boring bit, the terms and conditions of contracting The Image Team for photography or PR services and for the sale of images not under contract.

 

 

Contract Photography

  1. Definitions

“The Photographer” means NINE56 Ltd t/a The Image Team, 492 Grimesthorpe Road, Sheffield, S4 8LE. “The Client” means any person, body of persons, firm or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.

  1. Acceptance of Terms and Conditions

All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.

  1. Copyright and Ownership

In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. The licence to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Photographer’s stated payment terms.

Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer’s invoice and/or quotation. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the licence to use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Photographers invoice and/or quotation.

If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.

On instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Photographer may contact the copyright holder of the said image to confirm that authorisation to copy the image has been given. The Client agrees to fully indemnify the Photographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.

All original negatives, transparencies and digital files created by the Photographer remain the property of the Photographer. The Photographer will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.

The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.

  1. Exclusivity

If a booking is made where the Photographer is to be paid solely by monies recieved at an event from the sale of photographs, or where the Client is to be paid a commission/pitch fee/stand fee, the Photographer reserves the right to have exclusive photography rights for the assignment. This includes photographs either being offered for sale or free of charge, by any other photography company both at the event or via a website afterwards. This also includes press and other media photographers.

If any other photography company is present without prior agreement with the Photographer, the Photographer reserves the right to invoice the Client for any loss of earnings incurred.

  1. Commission Payments

Any commission/pitch fee/stand fee agreed in advance is based upon numbers provided by the client. The Photographer reserves the right to reduce payment on a pro rata basis if the numbers attending the event are reduced. Any payment will not be due until after the event has taken place.

  1. Cancellation Fees / Overruns

If a booking is cancelled by the Client within one working day of the starting time, the Photographer reserves the right to charge the full fee for the assignment. If a booking is cancelled within ten working days of the starting time, the Photographer may charge 50% of the fee.

For cancellations/postponements due to weather conditions, the Photographer reserves the right to charge the full fee and expenses due to weather conditions on location. In such instances, the Photographer may charge in full for the expenses (e.g. including but not limited to; hire of specialist equipment, vehicles etc), that he may have incurred prior or during the assignment taking place.

  1. Damage to Supplied Equipment

When the photographer is required to supply equipment with regards to any commission then the client is responsible for the behaviour of their guests using said equipment. This applies whether the photographer is present or not.

Any damage to provided equipment is to be repaired at the clients expense, and the client will also be responsible for any loss of earnings whilst repairs are undertaken.

  1. Payment Terms

For all non-account Clients, payment for all products and services provided by the Photographer must be made 7 (seven) days before the assignment.

For authorised account holders, payment of the Photographer’s invoice must be made within 28 days of the date of that invoice. The Photographer reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Photographer’s invoice(s) within 28 days.

  1. Retention of Title

The Photographer reserves the right to retain all of the Clients materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the licence to reproduce images created by the Photographer will also be revoked until payment has been made.

  1. Fees and Expenses

All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client. The Photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Photographer shall endeavour to provide an indication of what these additional charges will be.

  1. Representation

The Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of the Photographer’s interpretation of the Clients brief. In the event of no Client representation, the Photographer’s interpretation of the brief shall be deemed as correct.

  1. Delivery Shortages / Loss and Damage in Transit

Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.

The Photographer will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge.

Clients who choose to have items returned to them without loss/damage cover do so at their own risk.

  1. Confidentiality

The Photographer acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law.

  1. Conduct

The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.

  1. Liability

The Client agrees that in all dealings with the Photographer, the Photographer’s liability will be limited to the following sums:

Public Liability: Limit of indemnity – £1,000.000
Professional Indemnity: Limit of indemnity – £25,000

When the photographer is required to supply specialist equipment with regards to any commission then the Client is responsible for the provision of suitable insurance cover for any third party person or persons using that equipment. This applies whether the Photographer is present or not.

  1. Delivery of Products and Services

The supply of products and services are provided by the Photographer on a best endeavours basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.

  1. Prices & Terms

The Photographer reserves the right to amend both Prices and these Terms and Conditions without prior notice.

  1. Priority Services

The Photographer reserves the right make an additional charge should the Client request a priority service. This service is subject to availability and cannot be guaranteed.

  1. Images/Data Supplied in Electronic Format

For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD’s/DVD’s etc), The Photographer will endeavour to ensure that the data sent is not corrupt and is virus-free by scanning the data with antivirus software before despatch. The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or virus-free.

  1. Law

This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.

PR Services

  1. Definitions

“The Provider” means NINE56 Ltd t/a The Image Team, 492 Grimesthorpe Road, Sheffield, S4 8LE. “The Client” means any person, body of persons, firm or Company with whom the Provider enters into a contract for the sale of goods or provision of services by the Provider.

  1. Acceptance of Terms and Conditions

All contracts and transactions between the Provider and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Provider and all or any of its Clients.

  1. Copyright and Ownership

In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Provider is owned by the Provider. Unless the Provider gives written authorisation, the Client is forbidden by law to copy any images created by the Provider and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Provider shall only be carried out by the Provider. The licence to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Provider’s stated payment terms.

Reproduction rights (if and when granted) are strictly limited to the use specified on the Provider’s invoice and/or quotation. An agreement must be reached with the Provider before the pictures are used for a different purpose or after the licence to use has expired. The Provider reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Providers invoice and/or quotation.

If the Client wishes to own the copyright of images created by the Provider, an additional fee will be paid by the Client to the Provider for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.

On instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Provider may contact the copyright holder of the said image to confirm that authorisation to copy the image has been given. The Client agrees to fully indemnify the Provider in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.

All original negatives, transparencies and digital files created by the Provider remain the property of the Provider. The Provider will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.

The Provider reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes. This includes case studies produced at any time during or after an assignment provided such case studies to not breach agreements of confidentiality.

Where written content is provided clear credit must be given to the creator of the content. The method of credit will be agreed between the Provider and the Client prior to undertaking any assignment. Where no clear agreement is in place credit should be given in the following format.

By <<Content Creator>> for <<Client>> Press Office.

The Provider reserves the right to use images of any content created during assignments for marketing, promotional, competition and editorial purposes. The Provider will not, where content us used on the internet, incorporate text from any content into websites or web pages where search engines may identify duplicated content excepting quotes of up to and including two sentences in length.

  1. Exclusivity

If a booking is made where the Provider is to be paid solely by monies received at an event from the sale of photographs, or where the Client is to be paid a commission/pitch fee/stand fee, the Provider reserves the right to have exclusive photography rights for the assignment. This includes photographs either being offered for sale or free of charge, by any other photography company both at the event or via a website afterwards. This also includes press and other media photographers.

If any other photography company is present without prior agreement with the Provider, the Provider reserves the right to invoice the Client for any loss of earnings incurred.

  1. Commission Payments

Any commission/pitch fee/stand fee agreed in advance is based upon numbers provided by the client. The Provider reserves the right to reduce payment on a pro rata basis if the numbers attending the event are reduced. Any payment will not be due until after the event has taken place.

  1. Cancellation Fees / Overruns

If a booking is cancelled by the Client within one working day of the starting time, the Provider reserves the right to charge the full fee for the assignment. If a booking is cancelled within ten working days of the starting time, the Provider may charge 50% of the fee.

For cancellations/postponements due to weather conditions, the Provider reserves the right to charge the full fee and expenses due to weather conditions on location. In such instances, the Provider may charge in full for the expenses (e.g. including but not limited to; hire of specialist equipment, vehicles etc), that he may have incurred prior or during the assignment taking place.

If a booking is cancelled by the Provider, the Provider will reimburse the client all monies received within 28 days of cancellation.

  1. Damage to Supplied Equipment

When the Provider is required to supply equipment with regards to any commission then the client is responsible for the behaviour of their guests using said equipment. This applies whether the Provider is present or not.

Any damage to provided equipment is to be repaired at the clients expense, and the client will also be responsible for any loss of earnings whilst repairs are undertaken. In the event of any damage to provided equipment which cannot be repaired or such repair is uneconomical the Client undertakes to replace the equipment on a new for old basis. At this time the damaged equipment will become the property of the Client for disposal.

  1. Payment Terms

For all non-account Clients, payment for all products and services provided by the Provider must be made 7 (seven) days before the assignment.

For authorised account holders, payment of the Provider’s invoice must be made within 28 days of the date of that invoice. The Provider reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Provider’s invoice(s) within 28 days.

  1. Retention of Title

The Provider reserves the right to retain all of the Clients materials in his possession until all monies owed to the Provider have been paid in full. Furthermore, the licence to reproduce images created by the Provider will also be revoked until payment has been made.

  1. Fees and Expenses

All prices quoted to the Client apply only to the original job description and specifications given to the Provider by the Client. The Provider reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Provider shall endeavour to provide an indication of what these additional charges will be.

  1. Representation

The Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of the Provider’s interpretation of the Clients brief. In the event of no Client representation, the Provider’s interpretation of the brief shall be deemed as correct.

  1. Delivery Shortages / Loss and Damage in Transit

Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.

The Provider will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit. The Provider cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Provider will provide suitable loss/damage cover for an additional charge.

Clients who choose to have items returned to them without loss/damage cover do so at their own risk.

Where equipment is loaned to the client without the presence of the Provider, the client is responsible for suitably packaging the equipment for return transport. The client is responsible for ensuring adequate insurance is placed on the item(s). Where insurance is not provided by the client, the client shall be responsible for the repair or replacement with new for old equipment. Damages to returned equipment will be notified by email within seven days of receipt.

  1. Confidentiality

The Provider acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Provider agrees to keep this information secret and not to disclose such information to other parties except as required by law.

  1. Conduct

The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Provider reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the Provider reserves the right to charge his full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse the Provider or his agents for any loss/damage they cause to property or equipment.

  1. Liability

The Client agrees that in all dealings with the Provider, the Provider’s liability will be limited to the following sums:

Public Liability: Limit of indemnity – £5,000.000
Professional Indemnity: Limit of indemnity – £25,000

When the Provider is required to supply specialist equipment with regards to any commission then the Client is responsible for the provision of suitable insurance cover for any third party person or persons using that equipment. This applies whether the Provider is present or not.

  1. Delivery of Products and Services

The supply of products and services are provided by the Provider on a best endeavours basis. The Provider will not be liable for delays that are beyond his reasonable control. The Provider shall use reasonable endeavours to meet agreed deadlines where applicable. The Provider shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.

  1. Prices & Terms

The Provider reserves the right to amend both Prices and these Terms and Conditions without prior notice.

  1. Priority Services

The Provider reserves the right make an additional charge should the Client request a priority service. This service is subject to availability and cannot be guaranteed.

  1. Images/Data Supplied in Electronic Format

For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD’s/DVD’s etc), The Provider will endeavour to ensure that the data sent is not corrupt and is virus-free by scanning the data with antivirus software before despatch. The Provider cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to the Provider is not corrupt and/or virus-free.

  1. Law

This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.

archive.theimageteam.com

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