Terms and Conditions
In this Agreement the terms
- "image" includes a digital image, digital scan, photograph, transparency, negative, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction:
- "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.
- "the Client" is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
- The entire copyright in the design and images is retained by Lois Webb Design & Photography at all times throughout the world.
- Lois Webb Design & Photography supplies the technical and artistic ability to illustrate an idea graphically or photographically, and sells the right to reproduce those design and images in a given context. No property or copyright in any design and images shall pass to the Client whether on its submission, or on Lois Webb Design & Photography's grant of reproduction rights in respect thereof.
- Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
- The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the design and images before payment in full of the relevant invoice(s) without the express permission of Lois Webb Design & Photography. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation.
- 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.
- Lois Webb Design & Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
- Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
- Permission to use the design and images for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use.
- Unless otherwise agreed in writing, all further Licences in respect of the design and images will be subject to these Terms & Conditions.
- Property images can only be used for the marketing of the property during the Sale/Let listing.
- Property images must not be re-used or sold by the Vendor/Agent unless written consent has been given by Lois Webb Design & Photography.
4 Website Usage
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither Lois Webb Design & Photography nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and Lois Webb Design & Photography expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which Lois Webb Design & Photography shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to Lois Webb Design & Photography. This material includes, but is not limited to, the design, layout, look, appearance, text content and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- This website also includes links to other websites. These links are provided for your convenience to provide further information. They do not signify that Lois Webb Design & Photography endorse the website(s). Lois Webb Design & Photography has no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
5 Licence to Use Types
The following terms are used when describing the reproduction rights granted by Lois Webb Design & Photography to the Client:
- Internal Use only: The right to use the pictures 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.
- PR and Press distribution: The right to use the design and images as described in 4; plus a licence for third parties to reproduce such design and images in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
- Specified Use Only: The right to use the design and images once only for the purpose as described on the invoice.
- Editorial: One reproduction only of design and images supplied within one print edition of the specified title in an editorial context only.
6 Ownership of materials
- Title to all artwork, design and photographs remains the property of the Lois Webb Design & Photography.
- When the License to Use has expired the Photographs must be returned to the Photographer in good condition within 30 days and any archived digital files destroyed.
- Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
- Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Agency and/or The Client.
- Lois Webb Design & Photography retains the right in all cases to use or sell the design and images.
- Exclusivity will not be unreasonably withheld but only on written agreement with the Lois Webb Design & Photography before work commences.
8 Client Confidentiality
- Lois Webb Design & Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable Lois Webb Design & Photography to carry out their obligations in relation to the commission.
- While Lois Webb Design & Photography takes all reasonable care in the performance of this agreement generally, they 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 design or image or its caption.
- The Client agrees to indemnify Lois Webb Design & Photography 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 Lois Webb Design & Photography.
- It is the Client who must satisfy themself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Lois Webb Design & Photography 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, trademarks, 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 Lois Webb Design & Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
- Payment terms are strictly 14 days from date of invoice by crossed cheque made payable to "Lois Webb" or by automated credit transfer (BACS). BACS details will be supplied with our invoice if this is a more convenient method of payment. 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. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment of commercial debts act if we are not paid according to agreed credit terms.
- If payment is not made in accordance with (a) above then Lois Webb Design & Photography may rescind this Agreement and recover damages, or, at their option, may exercise their statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
- 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 14 days from the issue date, and that Lois Webb Design & Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
- A fee of £10.00 may 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.
- Lois Webb Design & Photography reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of design and 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.
- 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, Lois Webb Design & Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of their design and images to ensure that the design and images are being used only in accordance with the reproduction rights granted to the Client.
- Where extra expenses or time are incurred by Lois Webb Design & Photography as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at Lois Webb Design & Photography's normal rate in addition to the expenses shown on the Estimate form as having been agreed or estimated.
- Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
13 Cancellation & Postponement
- Once the Client has made a booking for a specific time and date, Lois Webb Design & Photography will not accept any other work from other clients for those times and dates.
- 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 50% of the booked time rate will be charged. When a client cancels photography within one weeks of any confirmed date, a fee of 100% 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 Lois Webb Design & Photography.
14 Right to a credit
- If the box on the 'Licence to Use' marked "Right to a Credit" has been ticked Lois Webb Design & Photography's name will be printed on or in reasonable proximity to all published reproductions of the design and images. By ticking the "Right to a Credit" box Lois Webb Design & Photography asserts their statutory right to be identified as the author of the work in the circumstances set out in Sections 77 to 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
- Unless otherwise agreed in writing if any image reproduced by the Client omits the copyright notice or credit line specified by Lois Webb Design & Photography any fee payable by the Client shall be subject to an increase specified by Lois Webb Design & Photography, and in any event an increase of not less than 25%.
15 Delivery of design and images
- Lois Webb Design & Photography will edit every take and deliver digital e-proofs of what they consider to be the best representation of every situation covered. As a result, printed contact sheets will only be supplied to the client if agreed so beforehand and will incur a charge for their production.
- All files are delivered as colour or monochrome design and images in the format of sRGB .jpg files as requested. Lois Webb Design & Photography is not responsible for how design and images render on websites. Lois Webb Design & Photography's liability for all claims shall not exceed in any event the total amount paid under this invoice.
- Every effort will be made to archive the design and images indefinitely by Lois Webb Design & Photography. However, Lois Webb Design & Photography makes no warranty about the nature of its archive past the date of first delivery of final design and images. Clients should treat the delivered files carefully, and we recommend that you keep a safe copy for the duration of the licence.
17 Applicable Law
- This Agreement shall be governed by the laws of England & Wales.
- These Terms & Conditions shall not be varied except by agreement in writing.