Business Terms & Conditions for Clients
These are our standard terms & conditions for supplying text and/or commissioned and stock photography.
- Contract & Variation
- Title & Ownership of Materials
- Moral Rights and Credit
- Publication or Use & Acceptance of Terms
- Electronic storage
- Cancellation or postponement of commissioned photography
- Applicable law
For the purpose of this agreement, 'Supplier' means WebVivant Ltd, Steve Mansfield, Patricia Devine, Steve Mansfield trading as Steve Mansfield-Devine, and/or Patricia Devine trading as Patricia Mansfield-Devine. 'Client' means any publisher, magazine, agency or any other company or individual to whom the Supplier supplies any material. 'Photographs' means all photographic material furnished by the Supplier, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material. 'Text' means all textual material written or prepared by the Supplier and supplied to the Client in printed or electronic format.
These terms & conditions shall apply to the Contract to the exclusion of any other terms & conditions put forward by the Client. These terms and conditions shall not be varied except by agreement in writing by the Supplier.
The Supplier retains full Copyright in all material, including but not limited to text and photographs, at all times throughout the world. The Supplier never sells, assigns or grants copyright to the Client.
(a) Title to all Photographs remains the property of the Supplier. (b) When the License to Use has expired the Photographs must be returned to the Supplier 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 invoice.
Patricia Mansfield-Devine and Steve Mansfield-Devine assert their moral right to be identified as the author of their work and also the right to a credit in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All material published by the Client must be accompanied by a suitable credit to the Supplier. Unless otherwise specified in writing, such credit should consist of the name of the Supplier followed by / 'www.webvivant.com' — eg, Photo Copyright Steve Mansfield-Devine / www.webvivant.com. In the case that the Client fails to include a copyright notice or credit line, the fee specified by the Supplier shall be subject to an increase of not less than 50%.
Publication or any other use by the Client of any material supplied by the Supplier implies full acceptance of these terms and conditions.
The Supplier accepts no liability for non-supply of material for whatever reason. In the case of commissioned photography, is the client's responsibility to ensure that all the necessary clearances have been obtained to allow the pictures to be taken without hindrance or infringements of trademarks, property rights or copyrights.
Unless specified in writing, no guarantees or warranties are supplied as to the availability or existence of model release agreements or any other agreements or permissions relating to people and/or objects depicted in the photographs. The Client should not assume that such releases exist or that permissions have been sought. The Supplier accepts no responsibility nor offers any indemnities for any actions or damages arising from the non-existence or unavailability of such releases.
Any queries relating to the material supplied by the Supplier or the invoice must be raised immediately upon receipt. Commissioned photographs cannot be rejected for reasons of style or composition.
Invoices must be paid within the specified period of 30 days. Overdue invoices will be subject to interest charges. Under The Late Payments of Commercial Debts (Interest) Act 1998, interest on overdue debts will be charged at 8% above the Bank of England base rate). In addition, in accordance with European Directive 2000/35/EC a debt recovery fee of £40-00 will also be charged.
Any discounts made by the Supplier will be automatically revoked and the full amount charged on all invoices not paid within the specified 30 days.
The Client is licensed to use text and photographs only for the purpose(s) specified.
No licence becomes effective until the invoice is paid in full. No use may be made of the photographs or text before payment without the Supplier's express permission. Any permission for prior use will be automatically revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. The licence is granted to the named Client only and is not transferable.
The Client may not give, loan, syndicate or resell the Photographs or Text to third parties, nor may the Client reuse any material provided by the Supplier for purposes other than those specified.
Unless otherwise specified in writing, the licence provided to the Client provides the Client with the following permissions:
Text - first UK serial publication - ie, permission to publish the material for the first time in a UK serial publication (such as a newspaper or magazine), but not on any related web site nor in electronic form. In all cases, and regardless of other rights that may be granted in the terms of the licence, the Supplier retains the right to use the text in any manner at any time in any part of the world for purposes of advertising or promoting the Supplier's work.
Stock photographs — single-use non-exclusive UK reproduction only. Where a specific article is mentioned in the licence or invoice, the photograph may be reproduced only with that article.
Commissioned photography - the Supplier grants the client unlimited use of the photographs within the terms of the licence to the exclusion of all other persons for a period of one year from supply of the photographs. During this time, the Supplier retains the right in all cases to use the photographs in any manner at any time in any part of the world for purposes of advertising or promoting the Supplier's work. After the exclusivity period indicated in the licence, the Client may not continue to use the photographs without further agreement and the Supplier shall be entitled to use the photographs for any purposes.
Unless specified in writing, the Supplier does NOT grant to the Client a licence to use supplied photographs or text on web sites or in other electronic media or formats.
Permission to use the photographs or text for purposes outside the terms of the licence will normally be granted at the Supplier's discretion upon payment of a further fee, which must be mutually agreed before such further use.
Save for the purposes of production for the licensed use(s), Photographs may not be stored in any form of electronic medium without the written permission of the Supplier.
A booking is considered firm as from the date of confirmation, and accordingly the Supplier will, at its discretion, charge a fee for cancellation or postponement. A cancellation fee of 50% of the photography fee will be charged on any job cancelled on or later than 24 hours before the scheduled time booked.
This agreement shall be governed by the laws of England & Wales.