www.thedigitalimageworks.co.uk

LEGAL TERMS AND CONDITIONS

thedigitalimageworks provide professional services subject to the following terms and conditions:

1. Acceptance of projects is at the discretion of thedigitalimageworks and will be subject to the terms and conditions on this webpage.
2. In this Agreement the terms
   1. Picture includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction:
   2. Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means
   3. The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
3. Copyright.
   1. The entire copyright in the pictures is retained by thedigitalimageworks at all times throughout the world.
   2. thedigitalimageworks 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 thedigitalimageworks' grant of reproduction rights in respect thereof.
   3. thedigitalimageworks asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
   4. Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by thedigitalimageworks any fee payable by the Client shall be subject to an increase specified by thedigitalimageworks, and in any event an increase of not less than 25%
4. Reproduction rights.
   1. Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on thedigitalimageworks invoice. An agreement must be reached with thedigitalimageworks before the pictures are used for a different purpose or after the licence to use has expired.
   2. Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
   3. 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.
   4. Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
   5. thedigitalimageworks reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
   6. thedigitalimageworks may, at its discretion, use client's images in its own promotional materials.
5. The following terms are used when describing the reproduction rights granted by thedigitalimageworks to the Client:
   1. Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client's premises; editorial use in the Client's intranet site.
   2. PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
   3. Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.
   4. Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
6. Photography by appointment.
   1. If a specific time and date for photography is booked by a client, thedigitalimageworks will not accept any other work from other clients for those times and dates.
   2. If, once a booking is made it is subsequently cancelled by the client, 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 week 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 thedigitalimageworks.
7. Fixed price projects are undertaken on the basis of the specification agreed at the time of booking. The Client will be provided with low - resolution jpeg proofs via the Internet. The client is free to make minor adjustments to the layout at this stage. We will always try to accommodate changes and suggestions, however any significant amendments and enhancements to the scope of a fixed price project that are requested by the client will incur additional charges. The client will be informed of this at the time amendments are agreed.
8. Special Projects: A firm price will be agreed based on the project specification. If the project costs are likely to exceed this estimate by more than 10% the client will be advised.
9. Delays: Whist we will make every reasonable effort to meet agreed delivery schedules we will not be held liable for actual or consequential losses in the event of delays.
10. Fixed price projects can be fast tracked for an additional 40% charge.
11. Deposits: thedigitalimageworks reserves the right to require a deposit or full payment in advance before commencing a project. This will be returned if you are unhappy with the service, or offset against the final invoice.
12. Payment and reproduction rights.
    1. Payment: On approval of proofs and delivery of images via CD an invoice will be raised and will be due for payment within 28 days.
    2. Payment should be by crossed cheque made payable to "thedigitalimageworks"
    3. thedigitalimageworks reserves the right to add a pro-rata service charge at 3% per month on overdue accounts.
    4. 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.
    5. Until thedigitalimageworks has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby thedigitalimageworks is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights thedigitalimageworks may in his discretion cancel subject to the Client paying a cancellation fee.
    6. The Client's right to reproduce a picture arises only when thedigitalimageworks' invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling thedigitalimageworks to rescind the Agreement and rendering the Client liable for the payment of damages.
    7. If payment is not made in accordance with (a) above then thedigitalimageworks may rescind this Agreement and recover damages, or, at his option, may exercise his statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
13. Indemnity.
    1. While thedigitalimageworks takes all reasonable care in the performance of this agreement generally, he shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any picture or its caption.
    2. The Client agrees to indemnify thedigitalimageworks 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 thedigitalimageworks.
    3. It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that thedigitalimageworks 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 fails to meet these strictures then the Client shall indemnify thedigitalimageworks against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
14. Delivery.
    1. Delivery of project materials to thedigitalimageworks will be at the clients expense.
    2. Return shipping if arranged by thedigitalimageworks is based on Royal mail standard parcel delivery services within the UK and their basic insurance of £30, and will be charged to the client at cost plus 10%. Royal Mail special delivery or Parcelforce delivery can be arranged if requested.
    3. The higher insurance levels associated with these services can be arranged if specifically requested.
15. Insurance: thedigitalimageworks will take reasonable care of your product(s) but cannot be held responsible for loss or damage. It is the client's responsibility to insure their property on an "all risks" basis.
16. Website Copyright: All images, photographs, logos and text on this website are subject to copyright. All rights reserved. All trademarks acknowledged.
17. Law.
    1. This Agreement shall be subject to and constructed according to Law of the Courts of England & Wales.
    2. No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.