Terms and Conditions

The term images refer to a photograph, digital scan, artwork, or any other similar item which may be presented for the purposes of duplication. Duplication includes any form of publication or copying in whole or part of the above.

The Client is the person or organisation the invoice is addressed to.

Copyright and Conditions of Business

In keeping with current industry standards and copyright law, commissioned images remain the copyright of Photodsouza Photography. This protects the interests of us, the photographer, against subsequent reproduction or distribution of the images beyond their initial agreed use.

The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received.

Permission may be granted for image use before payment; however, this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice.

For the first 2 years the image licence and sole usage rights of any commissioned image remain with the client. During this period, these rights – and subsequently the image – can not be reassigned to a third party by us the photographers without the express permission of the original client.

Thereafter we guarantee that an image will never be sold to a competitor or used in a way that could be deemed derogatory to the original client.

The client may however continue to reproduce the commissioned photography for as long as agreed in the Usage Fees Agreement, providing that it is directly related to promotion or advertising of the original company and not transferred to a third party even if that third party is a subsidiary or linked company.

Should a client wish to secure an image exclusively for a longer timescale, occasionally we may agree to an extended image licence or a copyright buyout fee depending on the circumstances of the images and the possible future applied uses.

If an image has been commissioned by an advertising agency, or other party on behalf of the client, then the advertising agency or other party may not assign rights to anyone other than the original client for who the work was commissioned.

The advertising agency or other party may retain the right to use the image for its own self-promoting purposes providing that it is in the context of the original use, i.e. an advertising agency may demonstrate commissioned images as part of its own self-promotion or portfolio providing that it is in conjunction with the respective artwork or client logos for which it was originally commissioned. Under no circumstances may an agency reproduce the photography for another project or its own promotional purposes without commissioned images having a direct link to their original purpose.

If photography is commissioned by an agency, it is the responsibility of the agency to ensure that all visuals/briefs or ideas for the photography are original in content. Photodsouza Photography or those working for them will not be held responsible for any action brought by a third party for copyright or intellectual property infringement.

In commissioning Photodsouza Photography or those working for them, you are declaring your agreement to be bound by the above copyright terms and conditions. Should the aforementioned terms and conditions be broken, you may be liable to legal proceedings taken against you in accordance with the UK Copyrights and Patents Act 1988.

Booking and Cancellation

Bookings for a specific date and time must be confirmed and agreed by both parties. Confirmation for the booking will be sent to the client once agreed.

Cancellations for all bookings must be made as soon as possible once this is known by the client otherwise costs incurred for purchasing props or other items required for the photoshoot will have to be paid by the client.

Photography Brief

Specific instructions about how products are to be photographed must be made clear to Photodsouza Photography. Photography will commence following agreement and mutual understanding of a written brief provided to us by our clients.

You provide us with the idea, an image reference or drawing, plus the details of your product. We will then quote according to your brief.

We will send images for approval during the shoot process. This way, you have the opportunity to see layout and styling and how the shoot is progressing. Amends can be made along the way, but changes that do not follow the original brief may incur extra costs due to extra time taken. We will always discuss this with you along the way. Minor changes will not incur extra costs.

Insurance

Photodsouza Photography does not provide insurance cover whilst our clients’ products are at our studio. If insurance cover is required, we advise our clients to arrange the relevant insurance cover.

Whilst in transit either to or from our studio, our clients’ products should be covered by the insurance provided by the courier assigned with transporting the goods, and it is the client’s responsibility to ensure that the insurance is sufficient to cover the goods transported. Photodsouza Photography accept no responsibility for products lost or damaged in transit, to or from our studios. We do not arrange for products to be sent back to our clients. That is our clients responsibility.

Payment

Our payment terms are net 30 days unless agreed in advance. Photodsouza Photography reserve the right to ask for payment in full, prior to image delivery for new clients. Payment by BACS is preferred and bank details will be provided on our invoice.