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payment we may suspend your service without notice, in addition any rights granted to material supplied by us may be withdrawn without notice.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.
G) We retain under all circumstances a licence to use photography produced by us for portfolio and or marketing purposes in perpetuity, unless specifically agreed otherwise in writing in advance of the commencement of the provision of services or material.
H) We retain our right to be identified as the author of all photography that we produce, as outlined in section 77 and 78 of the 1988 Design, Copyright and Patent act, and this clause shall be taken as a assertion of those rights, and we only surrender those writes if agreed to in writing in advance of the commencement of the provision of services or material.
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.
TERMS AND CONDITIONS OF TRADE (Commercial)
1)This Agreement
A)This document constitutes the full agreement between Doug Marke t/a PAGE ONE, 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, image manipulation, library management, etc.
2)Payment
A)Fees payable are subject to change without notice, and our current fee structure can be obtained from our picture desk manager.
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 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 stock material are payable regardless as to whether the material has been used by you.
D)If you fail to make payment for services or goods we may suspend your service without notice, in addition any licences 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 Doug Marke t/a PAGE ONE 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 without our express written consent unless allowed under the terms of any licence that we agree prior to the commencement of the provision of any services or material.
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.
4)Copyright
A)We retain ownership of the copyright in the material, as per our rights under the 1988 Design, Copyright and Patent act, unless we agree in writing to assign ownership to you before the commencement of the provision of any services or material.
B)Commissioners of services and material are granted by way of licence one time exclusive usage rights over that material, unless they have purchased the full copyright of material produced as outlined in point 4(A) above, or any other licence terms as may be agreed in writing in advance of the commencement of the provision of services or material.
C)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.
D) We retain under all circumstances a licence to use photography produced by us for portfolio and or marketing purposes in perpetuity, unless specifically agreed otherwise in writing in advance of the commencement of the provision of services or material.
E) We retain our right to be identified as the author of all photography that we produce, as outlined in section 77 and 78 of the 1988 Design, Copyright and Patent act, and this clause shall be taken as a assertion of those rights, and we only surrender those writes if agreed to in writing in advance of the commencement of the provision of services or material.
F)Transfer of ownership of rights and or copyright and or licences implied or otherwise will only take place once payment in full for services provided has been received by Page One.
For the avoidance of doubt, no transfer of rights occurs until payment is made in full for those rights.
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.
