For the purpose of this document Martin Hopkins Photography shall
be referred to as MHP. The visitor to the site or the individual
(whether representing an organisation or not) who orders an image
shall be referred to as the Client.
1 IN THIS AGREEMENT the term picture or image includes photography,
transparency, negative, design, artwork, painting, engraving, digital
image file or any other item which may be offered for the purpose
of reproduction; the term reproduction includes any form of publication
or copying of the whole or part of any picture whether altered or
not and whether by printing, photography, slide projection (whether
to an audience or not), xerography, electronic or mechanical reproduction
or storage. Or for any use as artist's reference or illustration,
or in a layout or presentation.
2 NO VARIATION OF the terms and conditions set out here will be
effective unless agreed in writing by both parties. In the event
of any conflict between these terms and conditions (including those
relating to the time of payment) and those issued or submitted by
the Client and in the absence of any contrary agreement in writing
these Terms and Conditions shall prevail.
03 PICTURES ARE SUPPLIED on loan and no property or copyright in
any picture passes to the Client either on submission of the pictures
or on the grant by Martin Hopkins Photography(MHP) or reproduction
rights for any picture.
4 THE INVOICE lists all the pictures delivered to the Client using
the image number as a unique reference. The picture are presumed
to have been received in good condition unless the Client notifies
MHP in writing of any discrepancy or error within 14 days of receipt.
5 PERMISSION TO REPRODUCE a picture is granted to the Client by
MHP only when a fee for the reproduction has been agreed with MHP
and an invoice has been issued by MHP and paid in full by the Client
to MHP.
6 IF MHP'S INVOICE is not paid in full within 30 days of issue,
MHP may charge interest on the overdue payment at 2.5% per month
or part of a month.
7 PERMISSION TO REPRODUCE a picture applies only to the reproduction
described in the invoice or licence. In the event of unauthorised
reproduction, the Client shall pay by way of liquidated damages
to MHP an unauthorised use fee of £100 or double the standard
reproduction fee for the use concerned, whichever is the greater.
8 THE RIGHT TO reproduce a picture granted by MHP is personal to
the Client and may not be assigned to any third party without MHP's
prior written consent.
9 THE CLIENT MAY not alter or add to or manipulate a picture by
means of computer or any other technique or reproduce a picture
in whole or in part as an element within, or as a montage with,
another picture without MHP's written permission.
10 WHILE MHP HAS taken reasonable care to correctly identify, caption
and orientate the pictures, it does not accept any liability for
loss or damage incurred by the Client or any third party caused
by any errors
11 UNLESS SPECIFIED IN writing, MHP makes no claim or warranty
as to the existence or validity of connected therewith model or
other releases in respect of the pictures or as regards the reproduction
by the Client of any names or trade marks depicted in the pictures.
It is the Client who must satisfy himself that all necessary rights,
releases or consents required for reproduction have been obtained.
12 THE CLIENT WILL fully indemnify MHP against any unauthorised
reproduction of a picture submitted to the Client made by any third
party as a result of or arising out of any breach by the Client
of any of these terms and conditions (including but not by way of
limitation the Client allowing a picture or a copy thereof to come
into the possession of a third party without MHPs prior written
consent).
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