Term and Conditions
Below are my standard terms and conditions for the supply of our services. If you are not sure about how any aspects of these terms affect our working for you, please just ask. I want to make it as easy as possible for you to get the images you want for the purposes you need.
COPYRIGHT
- The entire copyright in the pictures is retained by Paul Upward at all times throughout the world unless agreed otherwise.
- Paul Upward Photography supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Paul Upward’s grant of reproduction rights in respect thereof.
- Paul Upward asserts both his moral right to be identified as the author of his work and the right to a credit is asserted
- An agreement must be reached with Paul Upward Photography before the pictures are used for a different purpose for which they where commissioned.
- Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights
- Paul Upward Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
- Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.
BOOKING ME
- Once the Client has made a booking for a specific time and date, Paul Upward Photography will not accept any other work from other clients for those times and dates.
- As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one weeks of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Paul Upward Photography.
- A fee of £20 wil be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
- Paul Upward Photography will edit every take and deliver what it considers to be the best of every situation covered. Contact sheets (or theirdigitaql equivalent) will be supplied to the client.
- No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Paul Upward Photography.
- Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
- In the case of printed publications, a copy of the relevant pages containing any picture supplied are to be furnished to Paul Upward Photography free of charge within two weeks.
- While Paul Upward Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption.
- The Client agrees to indemnify Paul Upward Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Paul Upward Photography.
- It is the Client who must satisfy themselves that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Paul Upward Photography gives no warranty or undertaking that any such rights, model releases or consents have 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. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Paul Upward Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
- This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.
- No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
PAYMENT
- Payment should normally be made by crossed cheque made payable to "Paul Upward.". BACS details can be supplied upon request. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.
- Our terms are strictly net 28 days unless agreed in advance and in writing.