Terms & Conditions
All Photographic Work undertaken by the Photographer is subject to the Terms and Conditions set out below. By accepting the Contract, the Client agrees to these Terms and Conditions. Unless expressly agreed in writing, the Photographer will not be bound by any terms and conditions set by the Client.
The Photographer will own the Copyright for all original work.
The Photographer does not accept commissions to create copyright works other than to agree to license such parts of the works so created as selected by the Photographer for presentation to the Client. This overrides section 21(3) of the Copyright Act 1994 in accordance with section 21 (4) of the Copyright Act 1994.
CLIENT’S LlCENCE TO USE PHOTOGRAPHS
The Photographer affords to the Client a permanent, non-exclusive licence to use the photographs made under this agreement subject to the following conditions:
· This licence is non-transferable.
· The images are for the Client’s personal use only.
· The Client may not sell or directly profit from any image without permission, prizes and promotional material arising from competition and promotions being the exception.
· With the exception of cropping and re-sizing the Client may only post un-altered photos online. The Photographer understands and accepts that Social Networking sites may compress or alter images to the detriment of the image and for personal use this is acceptable.
· The Client may share anu un-altered image, in any form, with family and friends and in so doing acknowledges copyright and convey the condition of this licence.
· The Client may not substantially alter, manipulate or distort any image without permission from the Photographer.
· The Client may scan and store the images electronically, and is free to electroically transmit those images.
The Photographer asserts his Moral rights.
Note: Moral Rights basically give the Photographer the right to be identified as the author where the photographs are displayed in a public way, the right to object to any derogatory treatment of the work, and the right to privacy of certain photographs.
Ownership of all Photographic Works shall be retained by the Photographer until the contract price is paid in full.
Payment for all invoices shall be made without deduction within the time stated on the invoice that accompanies the delivery or supply of the goods or service.
The Photographer may refer late payments to a debt collection company. The Client is also liable for all costs and expenses, including debt collection fees and commission incurred by the Photographer as a result of the Client’s default.
The Photographer reserves the right to charge the Client penalty interest at the rate of 5% per month, calculated daily, for the period that the amount is outstanding without prejudice to any of the Photographer’s rights and remedies in respect of such default arising from non-payment on the due date.
RESPONSIBILITY FOR CONTRACTORS
Unless otherwise agreed in writing, the Client is responsible for all payments to all other persons or companies who provide products or services in respect of the photography. This includes any applicable fees for using parks, grounds, buildings or any other location, and services such as hairdressers, stylists, floral arrangements, etc. This provision does not include items such as photographic equipment, film, digital cards, processing and photographic materials, etc., or any other photography services that may be outlined in the Contract.
CONSUMER GUARANTEES ACT
The Consumer Guarantees Act 1993 may apply to the licensed Photographic Works provided by the Photographer if the Client acquires those licensed Photographic Works for personal, domestic or household use or consumption. If this Act applies, nothing in these Standard Terms will limit or exclude the Client’s rights under this Act.
If the Client is acquiring the licensed Photographic Works for business purposes, then the Client’s rights are subject to these standard terms only and the Consumer Guarantees Act 1993 shall not apply.
The Photographer’s liability to the Client for any and all cost, loss or damage suffered by the Client, however caused, arising out of or connected with the performance, or failure of performance, of photographic service by the Photographer, except where provided to the contrary by the Consumer Guarantees Act, shall not exceed the full value of the payments made by the Client under the Booking and/or Order agreement.
The Client acknowledges that Photographic Works may fade or discolour over time due to the inherent qualities of materials used. The Client releases the Photographer from any liability for any claim based upon fading or discolouration.
The Client shall indemnify the Photographer against any claims by the Client or any of its customers, servants, agents or any other persons in respect to any loss, damage or injury arising from the Photographic Works or in any respect whatsoever.
The Client must advise the Photographer as to whether any material or information communicated to him is of a confidential nature. The Photographer will keep such material or information in confidence for the purposes of the photography, except where it is reasonably necessary to enable the Photographer to carry out his obligations in relation to the Booking or Order.
Photographer means any person employed by the company trading as Pics4U Limited. The Client is the person or persons contracting with the Photographer. Photographic Work or Photogrpahic Works means any photographic work including film, photographic prints, digital images or images of any form or medium whatsoever created by the Photographer.
This agreement shall be governed by the laws of New Zealand.