TERMS AND CONDITIONS
Terms and conditions of commissioning and reproducing pictures

1. In this Agreement the terms (a) picture includes a photograph, transparency, negative, digital file or scan, design, artwork, 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 picture and whether or not altered by printing, photography, slide projection (whether or not to an audience), electronic or mechanical reproduction or storage by any other means (c) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party) (d) the Contributor is a person or organisation which is the original creator of an image being supplied by the Company pic-biz ltd.

2. (a) The entire copyright in the pictures is retained by pic-biz ltd and/or its Contributors at all times throughout the world.

(b) pic-biz ltd supplies the technical and artistic ability to illustrate an idea photographically and in other media, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on pic-biz ltd’s grant of reproduction rights in respect thereof.

(c) pic-biz ltd and its Contributors assert both their moral right to be identified as the author of their work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.

(d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by pic-biz ltd any fee payable to the Client shall be subject to an increase specified by pic-biz ltd, and in any event an increase of not less than 25%.

3. (a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on pic-biz ltd’s invoice. An agreement much be reached with pic-biz ltd before the pictures are used for a different purpose or after the licence to use has expired.

(b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.

(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture 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.

(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.

(e) pic-biz ltd reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.

4. The following terms are used when describing the reproduction rights granted by pic-biz ltd to the Client:

(a) 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.

(b) PR and Press distribution: The right to use the pictures as described in clause 4 (a); plus a licence for third parties to reproduce such pictures 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 pictures once only for the purposes as described on the invoice.

(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.

5. (a) Risk in and responsibility for any original digital image files, transparencies or prints passes to the Client form the time they are received until their safe return. The Client shall immediately inform pic-biz ltd in writing of any loss or misuse of, or damage to the pictures while in the Client’s possession or that of any third party.

(b) The Client shall be liable to pay compensation to pic-biz ltd in respect of each picture lost or damaged. Payment of compensation does not give rise to any rights in any picture. Compensation levels for the pictures are available from pic-biz ltd upon request. These levels are a genuine pre-estimate of the loss which would be suffered if such a picture were to be lost or damaged. The Client is urged to request these figures and to take out insurance cover to cover the total value of the pictures delivered.

6. (a) Once the Client has made a booking for a specific time and date, pic-biz ltd will not accept any other work from other clients for those times and dates.

(b) 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 week 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 pic-biz ltd.

7. (a) Until pic-biz ltd has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby pic-biz ltd is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights pic-biz ltd may in its discretion cancel, subject to the Client paying a cancellation fee.

(b) The Client’s right to reproduce a picture arises only when pic-biz ltd’s invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Without the written permission of pic-biz ltd to reproduce a picture in advance of payment, any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement, entitling pic-biz ltd to rescind the Agreement and rendering the Client liable for the payment of damages.

(c) pic-biz ltd’s invoice shall be paid within 30 days of issue.

(d) If payment is not made in accordance with (a) and (b) above then pic-biz ltd may rescind this 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.

(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 pic-biz ltd may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

(f) A fee of £15.50 (including VAT) will be made for each account remainder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.

(g) The Late Payments Calculator shown on the front of the invoice is a guide to charges that will be made to an overdue invoice. These charges may vary due to the nature of the debt: for example, if reminders are sent out every two weeks instead of monthly. This guide is shown to clarify pic-biz ltd’s charges for late payment, and publication of them does not constitute a right to pay an invoice after the Due Date.

(h) pic-biz ltd reserves the right to suspend ongoing services, such as (but not limited to) the Download able Web Page or other distribution of pictures, 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.

8. On the Client’s death or bankruptcy of (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, pic-biz ltd may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

9. (a) pic-biz ltd will edit every take and deliver what it considers to be the best of every situation covered. As a result, contact sheets (or their digital equivalent) will only be supplied to the Client in exceptional circumstances.

(b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of pic-biz ltd.

(c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.

10. In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to pic-biz ltd free of charge within two weeks. In other media, evidence of use must be made available if requested.

11. (a) While pic-biz ltd 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 picture or its caption.

(b) The Client agrees to indemnify pic-biz ltd in respect of any claims or damages or any costs arising in any manner from the reproduction without proper rights of any picture supplied to the Client by pic-biz ltd.

(c) It is the Client who must satisfy himself/herself that all necessary rights, model releases or consents, which may be required for reproduction, are obtained and it is acknowledged that pic-biz ltd 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 picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify pic-biz ltd against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

12. (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.

PAYMENT

Payment should normally be made by crossed cheque made payable to pic-biz ltd. BACs details can be supplied upon request. 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.

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