T and C

Terms and Conditions of Commissioning Paul Nixon Photography and reprodcution of images belonging to Paul Nixon Photography

(1.2) 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, layout or presentation, electronic or mechanical reproduction or storage by any other means

(1.3) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).

2.

(2.1) The entire copyright in the pictures is retained by Pul Nixon Photography at all times throughout the world.

(2.2) Paul Nixon 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 Nixon Photography's grant of reproduction rights in respect thereof.

(2.3) Paul Nixon Photography 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.

(2.4) Unless otherwise agreed in writing if any picture reproduced by the Client (direct sales to newspaper - magazines etc.) omits the copyright notice or credit line specified by Paul Nixon Photography any fee payable by the Client shall be subject to an increase specified by Paul Nixon Photography , and in any event an increase of not less than 25%

3.

(3.1) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Paul Nixon Photography's invoice. An agreement must be reached with Paul Nixon Photography before the pictures are used for a different purpose or after the licence to use has expired.

(3.2) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.

(3.3 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

(3.4) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.

(3.5) Paul Nixon 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.

4

(4.1) Once the Client has made a booking for a specific time and date, Paul Nixon Photography will not accept any other work from other clients for those times and dates.

(4.2) 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 byPaul Nixon Photography.

 

(4.3) If payment is not made in accordance with (a) above then Paul Nixon Photography may rescind this Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.

(4.4) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and thatPaul Nixon Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

(4.5) A fee of £20 will be made for each account reminder and 10% of the outsanding balance per month overdue, further charges for duplicate invoices, or any other paperwork, correspondence or phone calls involved with the pursual of a debt are also chargeable. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.