Terms and Conditions
Terms and Conditions of commissioning and reproduction of images. These are industry standard Terms and Conditions courtesy of the Association of Photographers and the Association of Editorial Photographers UK
In this Agreement the terms (a) 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: (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 Client(s) is the person(s) or organisation(s) to whom the invoice is addressed (whether or not the Client(s) is acting for a third party).
(a) The entire copyright in the images is retained by Vaun Thetfore (Vaunynel Photography) at all times throughout the world.
(b) Vaun Thetfore (Vaunynel Photography) 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 images shall pass to the Client whether on its submission, or on Vaun Thetfore (Vaunynel Photography) grant of reproduction rights in respect thereof.
(c) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(a) The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the images before payment in full of the relevant invoice(s) without the express permission of Vaun Thetfore (Vaunynel 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.
(b) 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.
(c) Vaun Thetfore (Vaunynel 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.
(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(e) Permission to use the 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.
(f) Unless otherwise agreed in writing, all further Licences in respect of the images will be subject to these Terms & Conditions.
4. Client Confidentiality
(a) Vaun Thetfore (Vaunynel 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 Vaun Thetfore (Vaunynel Photography) to carry out their obligations in relation to the commission.
(a) While Vaun Thetfore (Vaunynel Photography) takes all reasonable care in the performance of this agreement generally, I 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 Vaun Thetfore (Vaunynel 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 Vaun Thetfore (Vaunynel Photography).
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Vaun Thetfore (Vaunynel 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 copyrighted 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 Vaun Thetfore (Vaunynel Photography) against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(a) Payment is strictly due on the day of booking (unless the contract is a commercial agreement, then payment is expected no later than 30 days from the date on the contract). Payment is expected by automated credit transfer (BACS). BACS details will be supplied with the contract attached to these Terms & Conditions. I understand and will exercise my statutory right to claim interest and compensation for debt recovery costs under the late payment of commercial debts act if I am not paid according to agreed credit terms.
(b) If payment is not made in accordance with (a) above then Vaun Thetfore (Vaunynel Photography) may rescind this Agreement and recover damages, or, at my option, may exercise my statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998.
(c) 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 30 days from the issue date, and that Vaun Thetfore (Vaunynel Photography) may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
(d) 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 pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
(e) Vaun Thetfore (Vaunynel Photography) reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of 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.
(f) 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, Vaun Thetfore (Vaunynel Photography) may at any time thereafter inspect any records, accounts and books relating to the reproduction of their images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.
(a) Where extra expenses or time are incurred by Vaun Thetfore (Vaunynel 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 Vaun Thetfore (Vaunynel Photography) normal rate in addition to the expenses shown on the Estimate form as having been agreed or estimated.
(a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
9. Cancellation & Postponement
(a) Once the Client has made a booking for a specific time and date, Vaun Thetfore (Vaunynel Photography) 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 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 Vaun Thetfore (Vaunynel Photography).
10. Right to a credit
(a) If the ‘Licence to Use’ is specified as “Right to a Credit” then Vaun Thetfore (Vaunynel Photography) name will be printed on or in reasonable proximity to all published reproductions of the images. By specifying “Right to a Credit” Vaun Thetfore (Vaunynel 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.
(b) Unless otherwise agreed in writing if any image reproduced by the Client omits the copyright notice or credit line specified by Vaun Thetfore (Vaunynel Photography) any fee payable by the Client shall be subject to an increase specified by Vaun Thetfore (Vaunynel Photography), and in any event an increase of not less than 25%.
11. Delivery of images
(a) Vaun Thetfore (Vaunynel Photography) will edit every image 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.
(b) All files are delivered as sRGB .jpg files or colour Adobe RGB 1998 .tif files as requested. Client assumes all responsibility for any RGB to CMYK prepress work required. Client agrees to hold harmless Vaun Thetfore (Vaunynel Photography) from any claims arising from such work. Vaun Thetfore (Vaunynel Photography) is not responsible for how images render on websites. Vaun Thetfore (Vaunynel Photography) liability for all claims shall not exceed in any event the total amount paid under this invoice.
(a) Every effort will be made to archive the images indefinitely by Vaun Thetfore (Vaunynel Photography). However, Vaun Thetfore (Vaunynel Photography) makes no warranty about the nature of its archive past the date of first delivery of final images. Clients should treat the delivered files carefully, and I recommend that you keep a safe copy for the duration of the licence.
13. Applicable Law
(a) This Agreement shall be governed by the laws of England & Wales.
(a) These Terms & Conditions shall not be varied except by agreement in writing.
15. Online Services
(a) By entering and using this site and its services, you indicate that you agree to use the service only under these Terms and Conditions. If you do not agree with these Terms and Conditions, do not access or use the service.
(b) These Terms will not form a binding contract between you and Vaunynel Photography for the purchase and supply of the Products until the following conditions have been met:
(i) you have submitted your offer to buy certain Products (your “Order”) using the order facility provided;
(ii) Vaunynel Photography notifies you by e-mail that your Order for those Products has been accepted.
16. Use of the Service
(a) You agree to be responsible for any claims, costs, expenses or legal proceedings caused as a result of your use of this Service in contravention of this section. Further, in these circumstances, Vaunynel Photography shall be entitled to cancel any pending orders for Products made by you and terminate any access permission granted to you by Vaunynel Photography immediately and without notice.
(b) Vaunynel Photography reserves the right to dispose of any uncollected Products after 3 months from the date of your Order if not collected.
(a) Print only orders will be delivered to you at the address given within 14 working days. Some Products, will take longer, for example those that require additional service i.e Albums, Mounting, Framing, Acrylic Blocks, of your Order being accepted by Vaunynel Photography unless an alternative timeframe is notified to you by Vaunynel Photography prior to the expiry of specified delivery period. However, the time of delivery is an estimate only and Vaunynel Photography shall not be liable for any late delivery of the Products or any loss or damage caused as a result. Due to the personalised nature of an Order, you will not necessarily be able to cancel an Order after you have submitted it as Vaunynel Photography may have already commenced your order.
(a) In the event that the Products are damaged or defective or do not match the description specified in this Service you can request a full refund. You must return the product back to Vaunynel Photography within 7 days of receipt by you. Vaunynel Photography will provide a full refund of the Purchase Price. Please quote the order number or invoice number. In the event that you return any Products to Vaunynel Photography in accordance with this section and Vaunynel Photography can demonstrate that they were not faulty when received by you, Vaunynel Photography reserves the right to refuse to offer a refund or return the Products to you.
(a) The prices payable for the Products that you order are clearly set out on the products and pricing document and are set out in UK pounds sterling (£). If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before your order is accepted. All prices are expressed inclusive of any VAT payable unless otherwise stated but are subject to delivery charges stated on the website.
(b) You can pay by any MasterCard or Visa credit card or most debit cards, PayPal or BACS. Authority for payment must be given at the time of order. You will be charged for items at this time.