Terms and Conditions

TERMS AND CONDITIONS OF SUBMISSION AND REPRODUCTION OF IMAGES.

1. In this Agreement the terms (a) IMAGE is in digital format; (b) REPRODUCTION includes any form of publication or copying of the whole or part of any picture, altered or not, whether 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.

2. No variation of terms or conditions set out herein shall be effective unless agreed in writing by both parties.

3. (a) Reproduction rights (if and when granted) are strictly limited to the use, period of time and territory specified on the Supplier’s invoice and unless otherwise agreed in writing relate to a single publication in a single size with text (if any) in one language only.

(b) Reproduction rights are not granted exclusively to the Client.

(c) 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.

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

4. The Supplier’s delivery note will list all the images delivered to the Client, which shall be presumed to have been received in good condition, unless within 3 days of receipt the Supplier receives notification of any discrepancy or damage.

5. Risk in and responsibility for images passes to the Client from the time they are received. The Client shall immediately inform the Supplier in writing of any known misuse of the images while in the Client’s possession or that of any third party.

6. (a) Until the Supplier has invoiced the reproduction fee neither party is committed to grant or to acquire any reproduction rights in any image. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby the Supplier 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 the Supplier may in its discretion cancel subject to the Client paying a cancellation fee.

(b) The Client’s right to reproduce an image arises only when the Supplier’s invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling the Supplier to rescind the Agreement and rendering the Client liable for the payment of damages.

(c) The Client agrees to indemnify the Supplier in respect of any claims or damages or any loss or costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by the Supplier.

7. (a) The Supplier’s invoice shall be paid within 30 days of issue save in the case of newspaper, periodical and broadcasting clients where payment shall be made no later than the end of the calendar month immediately succeeding publication or use.

(b) If payment is not made in accordance with (a) above then the Supplier may rescind this Agreement and recover damages, or, at its option, may charge interest on the overdue amount at 2% per month on the outstanding balance.

8. 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, the Supplier may at any time thereafter inspect any records, accounts and books relating to the reproduction of the Supplier’s images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.

9. (a) Unless otherwise agreed in writing, if any image reproduced by the Client omits the copyright notice or credit line specified by the Supplier the reproduction fee payable by the Client shall be subject to an increase.

(b) The Author has asserted his right to a credit in accordance with sections 77 and 78 Copyright, Designs and Patents Act 1988.

10. (a) Electronic use, storage or transmission of images is forbidden without the express written permission of the supplier.

(b) The client will provide any information reasonably requested regarding anti-piracy measures.

11. Images shall not be copied, on-loaned or otherwise disposed of and no use whatsoever shall be made of them by the client without prior written consent of the supplier, nor shall the image be altered or manipulated, added to, or have any part deleted without the prior written consent of the supplier.

12. In the case of printed publications, two copies of the relevant pages containing any image supplied are to be furnished to the Supplier by the Client free of charge within two weeks. In other media evidence of use must be made available if requested.

13. While the Supplier takes all reasonable care in the performance of this Agreement generally, the Supplier 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.

14. It is the Client who must satisfy himself that all necessary rights and consents which may be required for reproduction, are obtained and it is acknowledged that the Supplier gives no warranty or undertaking that any such rights or consents are 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 used or reproduced by or with the authority of the Client then the Client shall indemnify the Supplier against any loss, damage, proceedings or costs where such rights or consents have not been obtained.

15. This agreement shall be subject to and construed according to English law and the parties agree to accept the exclusive jurisdiction of the Courts of England.

16. The copyright term on all images is life plus 70 years.

17. Variations on Initial Agreement. Requests for subsequent variations in rights, size of usage or print run should be notified by the Client in writing. The additional charges will then be invoiced by the Supplier.