terms, usage & copyright
Below are our standard terms & conditions for the commercial supply of our photography services. All images featured in our blog are licensed separately via Creative Commons. If you have any questions please get in touch via our contact form.
Electricpark-photo is a trading name of Electricpark Ltd., a company registered in England and Wales, No. 7737112. Our UK VAT registration number is GB140 4128 57
Terms & Conditions of commissioning, sales & reproduction of commercial images from electricpark-photo
1. Terms and Definitions:
(a) Images include a photograph, image, transparency, negative, digital scan, design, artwork, illustration, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction;
(b) 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;
(c) the Photographer (otherwise known as electricpark-photo) is the Author of the photograph or the Photographer.
(d) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
(e) Electricpark-photo administers the licensing of the works of the Photographer and is a trading name of Electricpark Ltd. a company registered in England;
(f) These terms and conditions represent the entirety of the agreement between Electricpark-photo and the Client. Any variation is only applicable when agreed in advance and in writing;
2. Copyright and Ownership of Materials:
(a) The entire copyright in the images are retained by the Photographer at all times throughout the world and is administered by Electricpark-photo;
(b) Title to all images remain the property of the Photographer;
(c) Images will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period;
(d) The Photographer, as administered by Electricpark-photo, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context. No property or copyright in any image shall pass to the Client whether on its submission or on Electricpark-photo’s grant of reproduction rights in respect thereof;
(e) Electricpark-photo asserts both it’s moral right to be identified as the author of it’s work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988;
(f) Unless otherwise agreed in writing if any image reproduced by the Client omits the copyright notice or credit line specified by electricpark-photo any fee payable by the Client shall be subject to an increase specified by Electricpark-photo, and in any event an increase of not less than 25%.
3. Use and Reproduction:
(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received. Electricpark-photo reserves the right to make a charge of 50% of the original invoice (excluding expenses) when images are used before full payment has been received;
(b) Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;
(c) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Electricpark-photo’s invoice. An agreement must be reached with Electricpark-photo before the images are used for a different purpose or after the licence to use them have expired;
(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice;
(e) 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;
(f) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;
(g) Electricpark-photo reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client;
(h) In the case of printed publications, three copies of the relevant pages containing any image supplied are to be furnished to Electricpark-photo free of charge within two weeks. In other media, evidence of use must be made available if requested;
(i) On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, electricpark-photo may at any time thereafter inspect any records, accounts and books relating to the reproduction of its images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.
4. Definitions of Reproduction Rights:
The following terms are used when describing the reproduction rights granted by Electricpark-photo to the Client:
(a) 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;
(b) 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;
(c) Specified Use Only: The right to use the images once only for the purpose as described on the invoice;
(d) Editorial: One reproduction only of images supplied within one print edition of the specified title in an editorial context only.
5. Payment Terms:
(a) Our payment terms are strictly net 14 days (two weeks) unless agreed in advance and in writing;
(b) If payment is not made in accordance with (a) above then electricpark-photo may rescind any 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;
(c) A fee of £25 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices;
(d) The Client’s right to reproduce a picture arises only when Electricpark-photo’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 electricpark-photo to rescind the Agreement and rendering the Client liable for the payment of damages;
(e) 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 28 days from the issue date, and that electricpark-photo may consider these invoices as overdue when pursuing legal action for the recovery of said debts;
6. Liability and Indemnity:
(a) While Electricpark-photo 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;
(b) The Client agrees to indemnify Electricpark-photo 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 Electricpark-photo;
(c) It is the Client who must satisfy themselves that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Electricpark-photo 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 is issued or reproduced by or with the authority of the Client then the Client shall indemnify Electricpark-photo against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
7. Applicable Law:
(a) 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;
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
(c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.
8. Client Confidentiality:
Electricpark-photo will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable Electricpark-photo to carry out their obligations in relation to the commission.
9. Making Payment:
Our terms are strictly net 14 days (two weeks) unless agreed in advance and in writing.
Payment by BACS is preferred and bank details will be provided on our invoice. We also accept payment by cheque and crossed cheques should be made payable to “Electricpark Ltd.”. Please note, when making payment by cheque, proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.
Terms & Conditions of usage & reproduction of all other images from electricpark-photo
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