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TERMS AND CONDITIONS for JAGraphics
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TERMS AND CONDITIONS |
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TERMS AND CONDITIONS For JAGraphics Graphics work
TERMS AND CONDITIONS For JAGraphics Publishing
TERMS AND CONDITIONS For JAGraphics Photography
1. DEFINITIONS
For the purpose of this agreement "the Client" shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the JAGraphics' client is a direct client (i.e. with no agency or intermediary), all references in this agreement to "the Client" shall be interpreted as references to JAGraphics’ client. "Photographs" means all photographic material furnished by the JAGraphics, whether transparencies, negatives, prints, CD or electronic file any other type of physical or electronic material.
2. COPYRIGHT
The entire copyright in the Photographs is retained by JAGraphics at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of JAGraphics. When the License to Use the material has expired the Photographs must be returned to JAGraphics in good condition within 30 days or deleted from all electronic media
4. USE
The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without JAGraphics’ express permission. 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. The License only applies to the client and product as stated on the front of the form and its benefit shall not be assigned to any third party without JAGraphics’ permission. Accordingly, even where any form of 'all media' License is granted, the JAGraphics’ permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sub-licensing through a photo-library. Permission to use the Photographs for purposes outside the terms of the License 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 Licenses in respect of the Photographs will be subject to these terms and conditions.
5. EXCLUSIVITY
The Client will be authorized to publish the Photographs to the exclusion of all other persons including JAGraphics. However, JAGraphics retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting JAGraphics work. After the exclusivity period indicated in the License to Use JAGraphics shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
JAGraphics will keep confidential and will not disclose to any third parties or make use of material or information communicated to JAGraphics in confidence for the purposes of the photography, save as may be reasonably necessary to enable JAGraphics to carry out his/her obligations in relation to the commission.
7. INDEMNITY
JAGraphics agrees to indemnify the client against all expenses, damages, claims and legal costs arising out of any failure by JAGraphics to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. JAGraphics shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the client shall be responsible for obtaining such clearances and will indemnify JAGraphics against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8. PAYMENT
Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days JAGraphics reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
9. EXPENSES
Where extra expenses or time are incurred by JAGraphics 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 JAGraphics normal rate to JAGraphics in addition to the expenses shown as having been agreed or estimated.
10. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
12. RIGHT TO A CREDIT
If the box on the estimate and the license marked "Right to a Credit" has been ticked JAGraphics name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf JAGraphics also asserts their statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
13. ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of JAGraphics.
14. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
15. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.