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TERMS OF BUSINESS
Reproduction rights are granted on the condition that all the following terms are agreed upon and that payment will be made by credit card, and account holders within 30 days of being invoiced. ‘We’ and ’our’ refers to Jayawardene Photo Library and ‘you’ means the person named as the client or company.
1. No reproduction rights are granted exclusively unless a written agreement has been made and is specified on the invoice.
2. Images are sent for viewing and selection purposes only. It does not constitute permission to reproduce, store, transmit, exhibit, copy, scan, or use for layouts or presentations or loaned to any third party. This will be given upon terms being agreed. Pictures used without written authorisation will be an infringement of copyright and will charged at a minimum of £650 per image, or the reproduction fee, whichever is higher, plus all costs and any compensation claims.
DIGITAL IMAGES:
3. You agree that all our images are valuable. Pictures are sent for selection purposes only. It does not constitute permission to reproduce, store, transmit, exhibit, or use for layouts or presentations. However, you may copy any images which you have bought the reproduction rights of, for the sole purpose of processing it for production.
4. Images must not be altered, added to or parts deleted without our written consent.
5. All images including any preproduction copies must be deleted from any database within 28 days after receipt of the pictures. Pictures used for reproduction must be deleted within 28 days after use.
6. Any of our images created by you must be recorded with our own caption, reference number, copyright, and be entirely in your control and possession.
TRANSPARENCIES:
7. Unselected material must be properly packaged together with an advice note and returned within 28 days, or the date shown on the delivery note. All pictures, including images eventually used, must be returned by Special Delivery post or any other safe method which shows proof of delivery.
8. Transparencies removed from their sleeves, or copied for possible use, are subject to a £50 fee per image. If the image is subsequently used, this fee will be deducted from the final invoice.
9. HOLDING FEES: £3 per transparency per week is charged for material sent for selection purposes, which is held by you beyond 28 days (or return date shown on the delivery note). An extension may be granted free of charge (maximum 4 weeks), provided we are notified in writing, before the return date.
10. Once permission to use pictures has been granted, you agree to return the transparencies within 28 days, after which holding fees are invoiced. If you require to hold the images for a longer period, you agree to notify us in writing and return the pictures within 12 weeks (from the date permission to use was granted), after which holding fees will apply.
11. TRANSPARENCIES LOST OR DAMAGED: All our transparencies are originals, and valuable. You are responsible for them from the time we despatch them to you, whilst in your, or your printer's possession or any other third party, until we receive them back. Material lost or will be charged at the rate of £650 per image. Where compensation exceeds £4000, we will assess the replacement cost of the images in terms of re-shoots.
12. SEARCH FEE: A service and search fee of £20 is invoiced to cover postal dispatches of CDs or transparencies sent for viewing purposes. However, if a picture is subsequently used, this fee will be deducted from the final invoice.
13. Our delivery note will list the pictures sent to you and will assume that you received them in good condition, unless you inform us in writing of any damage, within 2 days of receipt of the material.
14. We are not in any way liable for loss or damage suffered by you or any third party arising from a picture's reproduction or its caption. With digital images, we also cannot be responsible for colour balance variations of clients’ monitors or quality in whatever form of the reproduced or published work.
15. Acknowledgment of pictures reproduced and whenever possible a voucher copy should be supplied to us.
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