TERMS AND CONDITIONS
Please read these Conditions of Supply
before ordering any images or services from Sally
Swift Photography. You should understand that by ordering
images or services you agree to be bound by these
Conditions, which orporate our General Terms, and
Conditions and are subject to English Law.
1.DEFINITIONS. (a) For the purpose
of this agreement “the Agency” and “the
Client” shall where the context so admits lude
their respective assignees, sub-licensees and successor
in title. In cases where the Photographer’s
Client is a direct Client (i.e. with no agency or
intermediary), all references in this agreement to
both “the Agency “ and “the Client”
shall be interpreted as references to the Photographer’s
Client. (b) For the purpose of this agreement “The
Photographer” will mean the Author of the photograph
or Sally Swift Photography. And shall where the context
so admits lude their respective assignees, sub-licensees
and successor in title. (c) “Photographs”
and “Works” means all photographic material
furnished by the Photographer, whether transparencies,
negatives, prints, digital files or any other type
of physical or electronic material in existence now
or yet to be developed. (d) All contracts verbal or
written are only accepted on the basis that the Terms
and Conditions of the Photographer are the only ones
applicable. (e) Other Terms and Conditions proffered
by the Client are specifically excluded unless agreed
in writing beforehand by the Photographer. (f) Where
time is of the essence the Photographer entirely at
its own discretion may accept an instruction given
orally, in this event the Photographer shall accept
no liability for any error in executing the order.
(g) Unless the Photographer is given prior written
notice by the Client, the person placing or signing
the order on behalf of the Client is deemed to be
authorised to do so. (h) When a Client’s policy
is not to rely on email confirmations, hardcopy paperwork
must be supplied, if none is provided, then the email
traffic will constitute a contract in law.
2. COPYRIGHT. (a) The Author retains
the entire copyright in the Photographs and Works
at all times, throughout the World and Universe. (b)
Where reproduction of Works has taken place and settlement
has not been made, the Photographer will make such
charges to the publisher of those images as falls
within the Copyright, Designs and Patents Act 1988.
3. OWNERSHIP OF MATERIALS. (a) Title
to all Photographs remains the property of the Photographer.
(b) When the License to Use has expired the Photographs
must be returned to the Photographer in good condition
within 30 days and any archived digital files destroyed.
(c) Title to any materials used in producing the Works
is not transferred to the Client upon payment of the
4. USE (a) The License to Use comes
into effect from the date of payment of the relevant
invoice(s). (b) No use may be made of the Photographs
before payment in full of the relevant invoice(s)
without the Photographer’s express permission
in writing. (c) Any permission that may be given for
prior use will automatically be revoked if full payment
is not made by the due date or if the Agency is put
into receivership or liquidation. (d) Where restricted
in the Agreement, permission to use the Photographs
for other purposes will normally be granted upon payment
of a further fee to be mutually agreed. Note: A written
agreement must be reached with the Photographer before
the Photographs may be used for other purposes. Where
uses of an image are made which breach the licence
to use further charges will be made. (e) Any reproduction
rights granted are by way of licence only and no partial
or other assignment of copyright shall be implied.
(f) 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 or an administration is appointed,
any licence granted shall immediately cease.
5. EXCLUSIVITY. (a) Unless agreed
to in writing on the License to Use and the Invoice
no exclusivity is given or implied to The Agency and/or
The Client. (b) The Photographer retains the right
in all cases to use or sell the Photographs. (c) Exclusivity
will not be unreasonably withheld but only on written
agreement with the Photographer before work commences.
6. CLIENT CONFIDENTIALITY. (a) The
Photographer will keep confidential and will not disclose
to any third parties or make use of information communicated
to him/her in confidence for the purposes of the photography,
save as may be reasonably necessary to enable the
Photographer to carry out his/her obligations in relation
to the commission.
7. INDEMNITY. (a) It is the Client
who must satisfy himself/herself/It’s self that
all necessary rights, model releases, clearances or
consents which may be required for reproduction of
people, places or items depicted within any Works
are obtained. (b) It is acknowledged that the Photographer
gives no warranty or undertaking that any such rights,
releases 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 picture. (c) The Photographer shall only be
responsible for obtaining such clearances if this
has been expressly agreed in writing before the shoot.
(d) In all other cases the Client shall indemnify
the Photographer against all expenses, damages, claims
and legal costs arising out of any failure to obtain
such clearances. (e) The Photographer will not be
liable for any loss or damage, for any consequential
loss of profit or income however caused luding
negligence by the Photographer, Sally Swift Photography.
it’s employees or agents or otherwise, and it
is the Client’s responsibility to insure against
such loss or damage.
8. PAYMENT. (a) Payment by the Client
will be strictly within 30 days of the issue of the
relevant invoice for the commissioned work. (b) Thereafter,
further charges may be made for any additional statement,
letter (whether as an email, fax, etc) issued for
the recovery of the outstanding debt of not less than
£15.50 plus VAT each and all other costs for
the recovery of debts luding bank charges. (c)
A further charge of 5% over the NatWest Bank rate
from time to time is added to the invoice on the first
day following that when settlement should have been
made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST)
ACT 1998 will be enforced. (d) Where a Client is a
company and whether or not that company has gone into
liquidation the individual directors will be responsible
for all outstanding fees and costs in relation to
9. EXPENSES (a) Where any extra expenses
or times are incurred by the Photographer as a result
of alterations to the original brief by the Client,
or otherwise .The Client shall give approval to and
be liable to such extra expenses or fees, in addition
to the fees and expenses shown on the Estimate as
having been agreed or estimated.
10. REJECTION. (a) 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) A booking is considered firm as from the date
of confirmation and accordingly the Photographer will,
at his/her discretion, charge a fee of cancellation
RIGHT TO A CREDIT. (a) The Licence to Use requires
that the Photographer’s name will be printed
on or in reasonable proximity to all published reproductions
of the Photograph(s). The Photographer also asserts
his/her statutory and moral 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.
12. SUPPLY TO THIRD PARTIES. (a)
The licence only applies to the Client and product
stated on the Licence to Use.
13. ELECTRONIC STORAGE. (a) Save
for the purposes of production for the licensed use(s),
the Photographs may not be stored or archived in any
form without the written permission of the Photographer.
(b) Manipulation of the image or use of only a portion
of the image may only take place with the written
permission of the Photographer. (c) Digital Data is
stored by the Photographer on the understanding that
the Photographer is not responsible for the future
integrity of that data, or of any failure to retrieve
data from the Photographer’s archive.
14. APPLICABLE LAW. (a) This agreement
shall be governed by the Laws of England & Wales.
15. VARIATION. (a) These Terms and
Conditions shall not be varied except by agreement
17. NOTE: For more information on
the commissioning of photography refer to the guidelines
produced by the Association of Photographers.