I have very good relations with my customers, but, as always, there needs to be clear communication. These are my terms and conditions.
Photographer (Lorraine Mills), Company (Abundance Photography), Client/Customer (Customer or Licence Holder), JPG, Laminated Prints, Merchandise, Postcards, Images (Images, files and products offered by Abundance Photography)
Use of Website: The Company has provided a website for public use, any links put on the site are at the Client/Customers risk. We do not claim responsibility for any trouble you have with your computer etc when using the Company’s website. All photography on the Website is for viewing purposes only. There is no permission given whatsoever to copy any of the photographs displayed at www.abundancephotography.net
Grant of Rights: Usage specification stated in this document convert to copyright licence (i.e. permission to use)
Payment: For domestic sales, payment is required before the product is sent to the Client. For trade and business sales, payment is due 30days from date of invoice with no exceptions made. The Company is always looking for safe ways to receive payments electronically. At time of payment, the Company has chosen the best way, within their knowledge, to receive payment from the Customer/Client, safely, quickly and as bilingual as possible.
Ownership and Copyright: Licences are non-exclusive and of restricted use that must be adhered to. The Company never sells its images outright or copyright ownership therefore all files are loaned for use within an agreed licence only. Unless clearly stated no Image or print is royalty free and an agreed fee must be paid to the Photographer for each copy /usage made from either a print or JPG file.
Alterations: The Company prides itself on the fact that none of the photographs offered are manipulated in Photoshop or any other photo adjustment software. Written permission must be granted before anyone can alter the images. There is no permission given to write on the images.
Value, Storage, Image Deletion: The Client must store all licenced JPG files safely under their own insurance. At the end of a licence, all JPG files on the Clients computer and backup copies must be deleted. Legal action will be taken if a former Client is proved to be sharing, copying and/or selling the Company’s JPGs outside of licence. You are asked to keep to the time frame agreed within a JPG licence. The Company is not responsible for anything that happens to your computers, software, hardware whilst you store or use the Company’s JPG files.
Notice: With regards to JPG licences, credit must be given and copyright shown on the back of or by each product. © L C Mills (year). Prints from Abundance Photography do not contain copyright on the front, but have a label on the back, because these prints are sold under the specific intention to be framed. This copyright notice must not be removed under any circumstances. Omission of required notice results in loss to the Photographer and will be billed at triple the licence fee. You cannot announce copyright over the Photographer’s work.
Assignment: Client/Customer may not assign or transfer licences or any of the rights granted. A licence binds and insures to the benefit of Photographer, Client, and Client’s employees, principals, agents, and affiliates, and their respective heirs, legal representatives, successors, and assigns. Client and its employees are jointly and severally liable for the performance of all payments and other obligations created in this document. No amendment or waiver of any terms in a License are binding unless set forth in writing and signed by the parties.
Dispute Resolution: In the event of a breach of licence, copyright, non payment or failure to end a licence and delete all applicable files from the Client/Customer’s computers, the Photographer will bring charges against the client/customer under British Law, executed in Great Britain at the discretion of the Photographer. The Client shall pay all legal costs, Photographers reasonable legal fees and expenses and legal interest on any award or judgment if granted in favour of the Photographer.
Official Third Party Suppliers: Buying from official online services, galleries and management agencies dealing with Abundance Photography you are subject to their terms and conditions. Please contact them directly.
Force Majeure: Abundance Photography cannot be held responsible for loss of business or orders due to earthquakes, flooding, landslides or any other unforeseen shifts that disrupt the services offered by the Company.
Unforeseen Circumstances: In the event of the death of the Photographer or the closure of Abundance Photography, Licence holders will be contacted.
Licence Duration: All licences will state a time duration which must be upheld. The client can either extend a licence or finish it and delete all files from their computers and files.
Licence Agreement - Consideration: Although the Company requires confirmation that the Client is happy and in agreement with a licence for legal consideration, e-mail confirmation, signed licences, storage and use of JPG files, all constitute as acceptance of the licence and these terms and conditions.
Art Projects: For students, companies and clients: Written permission must be obtained before creating any type of project that includes the photographs of the Company. Before any type of project is undertaken, all projects must be agreed as joint ventures between the Company and the person applying for copyright permission. With the full knowledge of the Company, all displays of works that include the Company’s photography must be displayed as an official collaboration project with full credit and permission details announced. Absolutely all attempts to change the colouring of the photographs, digital manipulation, redesigning or forming as part of a collage will lead to legal action being taken.
Returns: In the event that the client is unhappy with a print it must be returned with the original receipt. Another picture can be chosen or you can request your money back. A JPG file is not easily returned and so the Company would not usually give a return, however, we encourage our clients and customers to contact us if they are not 100% happy with their product.
Cancellations: The Company has the right to cancel any licence that appears to have become incorrect for the Photographer’s, Company employees’ or Company image with no costs incurred. Clients wishing to finish a licence early, can do so, but the original payment is non refundable.
Changing the title of a Photograph or JPG File: Legal action will be taken against anyone who covers over or erases the name and/or copyright of any Company photographs or who changes the name of a photograph or JPG file.
Facebook, networking sites and digital sharing: There is no permission given whatsoever to copy and upload a photograph/JPG onto any website or networking site, including Facebook. All displaying and file sharing will be in breach of terms and conditions and licences.