TERMS AND CONDITIONS OF TRADE (editorial)
1) This Agreement
A) This document constitutes the full agreement between Page
One Photography LTD, and you (The Customer).
B) If we do not at any time enforce our rights under this
agreement, we do not give up any of those
rights.
C) If you are a partnership you will be liable for payment
individually and together.
D) Material is defined as any product or services produced or
supplied by PAGE ONE, including but not limited to photographs, photography,
graphics, photographic services such as processing, journalism, copy,
journalistic services such as ‘doorstepping’, etc.
2) Payment
A) Fees payable are subject to change without notice, and our
current fee structure can be obtained from our picture
desk.
B) Full agreed fees for photographic services or photography
will become payable once a confirmed order or booking has been received either
in writing or orally or by other electronic means. A contract for supply is deemed to exist
upon the booking or ordering of material or services, and no additional terms or
conditions will be allowed without the written consent of PAGE
ONE.
C) Full agreed fees on ordered material are payable
regardless as to whether the material has been used by
you.
D) If you fail to make payment we may suspend your service
without notice, in addition any rights granted to material supplied by us may be
withdrawn without notice.
E) Overdue accounts may be charged interest at the rate of 1%
per month.
F) VAT is due on all fees.
G) Full payment is due within 7 days of
invoice.
H) We retain legal title to all material or products produced
under any contract or order or booking until payment is made in
full.
3) Your Obligations
A) You will indemnify Page One Photography LTD from any loss,
damages or costs (including legal costs on a full indemnity basis) incurred by
us as a result of your use of, or commissioning of, any material supplied by us
to you.
B) You will not transfer material from us to any third
parties, including but not limited to other newspapers within the same company,
electronic editions of newspapers, etc. without our express written
consent.
C) You will not release information from any database you may
hold our material on to any third parties as outlined above without our express
written consent.
D) You will not subject our material to derogatory
treatment.
E) You will by-line our material in the following way
xxxxx(Photographers name) /PAGE ONE.
4) Copyright
A) We retain ownership of the copyright in any material we
supply to you, as per our rights under European and UK law, unless we agree in
writing to assign ownership to you before the commencement of the provision of
any services or material.
We reserve the right to withdraw any licences implied or
provided on material supplied by us in any format or held by or obtained by you
in any way without notice after your exercising of any licences granted under a
contract of service or commission.
B) Commissioners of services and material are granted by way
of licence a one time exclusive usage right over that material. Please contact
our picture desk for details of this licence before commissioning services from
us.
C) Additional payments are due on all material for re-usage
of that material unless agreed in writing in advance and
further use of the material in any format, digital or
otherwise, will be conditional upon our agreement and payment of the additional
fees. Details of relevant fees can be obtained from our picture
desk.
D) We retain full syndication rights on all material,
material may not be transferred to a third party under any circumstances or for
any use without our prior written consent.
E) If you breach our copyright conditions on material
supplied by us you will be liable for unlimited damages, in addition to all fees
that we may choose to impose for your breach, as well as any other remedies
allowed under current legislation.
5) Our Exclusions
A) We do not warrant in any way the accuracy, veracity, or
serviceability of material provided by us. In particular we will not be
responsible for any costs and or losses and or damages incurred by you through
the use in any way of any material provided by
us.
B) We will not be liable for any costs or losses or damages
incurred by you through third party legal action following or due to the use of
any material provided to you by us.
C) Without prejudice to any other clause, we shall in no
circumstances be responsible for direct or consequential loss incurred by
you.
6) Governing Law
This agreement shall be construed in accordance with the laws
of England and Wales, and in the case of copyright those of the
European Union, and shall be subject to the jurisdiction of the English and/or the European courts.