ADW MEDIA - Terms and Conditions
For the purpose of this agreement "photographs" means all photographic material furnished by ADW MEDIA photojournalism. Whether transparencies, negatives, digital files-images, prints or any other type of physical or electronic material.
The entire copyright in the Photographs is retained by ADW MEDIA photojournalism at all times throughout the world.
OWNERSHIP OF MATERIALS
Title to all Photographs remain the property of ADW MEDIA photojournalism at all times. When the Licence to Use the material has expired the Photographs must be returned to ADW MEDIA photojournalism in good condition within 30 days.
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without ADW MEDIA photojournalism's express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the client is put into receivership or liquidation. The Licence only applies to the Client as stated on the front of the form and its benefit shall not be assigned to any third party without ADW MEDIA photojournalism's permission. Accordingly, even where any form of 'all media' Licence is granted, ADW MEDIA photojournalism's permission must be obtained before any use of the photographs for other purposes eg use in relation to another product or sub-licensing through a photo-library. Permission to use the photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the photographs will be subject to these terms and conditions.
The Client will be authorised to publish the photographs, within the terms of the licence, to the exclusion of all other persons including ADW MEDIA photojournalism. However, ADW MEDIA photojournalism retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use, ADW MEDIA photojournalism shall be entitled to use the photographs for any purposes.
ADW MEDIA photojournalism will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable ADW MEDIA photojournalism to carry out their obligations in relation to the commission.
ADW MEDIA photojournalism accepts no liability for non-supply of pictures for whatever reason. It 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 or copyrights.
Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. Any discounts made by ADW MEDIA photojournalism will be automatically revoked and the full amount charged on all invoices not paid within the specified 30 days. If the invoice is not paid, in full, within 30 days ADW MEDIA photojournalism reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
Where extra expenses or time are incurred by ADW MEDIA photojournalism as a result of alterations to the original brief by the Client, the Client will be liable to pay such extra expenses or fees at ADW MEDIA photojournalism's normal rate, in addition to the expenses already agreed or estimated.
Any queries relating to a invoice or photograph(s) must be raised immediately upon receipt, there is no right to reject any photograph(s) on the basis of style or composition.
CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly ADW MEDIA photojournalism will, at their discretion, charge a fee for cancellation or postponement.
RIGHT TO A CREDIT
Where ever photographs are used ADW MEDIA photojournalism's name "© www.adwmedia.com" must be printed on or in reasonable proximity to all published reproductions of the said photograph(s). ADW MEDIA photojournalism also asserts their statutory 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.
Save for the purposes of reproduction for the licensed use(s), the photographs may not be stored in any form of electronic medium without the written permission of ADW MEDIA photojournalism. Manipulation of the image(s) or the use of only a portion of any image may only take place with the permission of ADW MEDIA photojournalism.
CONTRACT & VARIATION
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 cannot not be varied, except by agreement in writing by ADW MEDIA photojournalism.
This agreement shall be governed by the laws currently in force within the UK.