Terms & Conditions

The purpose of these terms and conditions is to set out the basis on which we are engaged to conduct the specified service supplied by “Photobanks Ltd.”.  Photobanks Ltd. shall provide the Specified Service to the client subject to these Conditions. Any changes or additions to the Specified Service or these conditions must be agreed in writing by the client and Photobanks Ltd.

 

1. Interpretation

1.1  In these Conditions:

“Client” means the person named on the Job Sheet for whom Photobanks Ltd. has agreed to provide the Specified Service in accordance with these Conditions.

“Contract” means the contract for the provision of the Specified Service

“Document” includes, in addition to a document in writing, any photograph, negative, film, digital media, or other device embodying visual images and any disc, or any media now known or yet to be invented.

“Output Material” means any Documents or other materials (including photographs and or digital imagery as specified in the Job Sheet), and any data or other information provided by Photobanks Ltd. relating to the Specified Service.

“Job Sheet” means the sheet to which these Conditions are appended.

“Specified Service” means the service to be provided by Photobanks Ltd. for the Client and referred to in the Job Sheet

“Jonathan Banks” “author” and “photographer” means Jonathan Banks Director of Photobanks Ltd. of 13 Southfield Road, Tunbridge Wells, Kent. TN4 9UH U.K.

“Photobanks Ltd.” Charges” means the charges shown in the Job Sheet or otherwise agreed between the Client and Photobanks Ltd. relating to the Specified Service. The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. Supply of the Specified Service

2.1  The Client shall at its own expense supply Photobanks Ltd. with all necessary data or other information relating to the Specified Service, within sufficient time to enable Photobanks Ltd. to provide the Specified Service in accordance with the Contract.  The Client shall ensure the accuracy of all information.

2.1a The Estimate is based on information provided by the client at the time and is valid for 30 days from the date of issue. Fees and expenses quoted are for the original job description but may vary in the final invoice due to changes in travel costs etc. An 8% uplift will be applied to expenses such as travel and accommodation where I am required to organise the booking. Mileage will be charged at 0.55p a mile.

2.2  All Output Material shall be at the sole responsibility of the Client from the time of delivery.

2.3  The Specified Service shall be provided in accordance with the Job Sheet and otherwise in accordance with other published literature relating to the Specified Service seen by the client, subject to these Conditions.

2.4  Photobanks Ltd. may at any time without notifying the Client make any changes to the Specified Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Specified Service.

2.5  Photobanks Ltd. will endeavour to deliver the output material within a reasonable amount of time subject to the Specified Service and requirements of the images. This will be discussed and agreed in advance. Images required immediately or within a twenty-four-hour timeline may be subject to a “rush service” fee.

2.6  Photobanks Ltd. will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography if specifically requested in advance of the photography.

3. Charges

3.1  Subject to any special terms agreed, the Client shall pay Photobanks’ Charges and any additional sums which are agreed between Photobanks Ltd. and the Client for the provision of the Specified Service or which, in Photobanks’ sole discretion, are required as a result of the Client’s instructions or lack of instructions, or any other cause attributable to the Client.

3.1a For certain assignments a 50% upfront payment will be requested to cover expenses.

3.2  All charges quoted to the Client for the provision of the Specified Service are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time.

3.2a A Day is considered to be eight hours of work with an hour break. A half day is four hours but will be billed at the equivalent of five hours.

3.2b Overtime : In the event that a shoot extends beyond the agreed number of hours, overtime may be applied for the photographer and team at the rate of one-and-one half their hourly rate.

3.3  Any query relating to the expenses incurred and/or the rate charged for the assignment must be raised within seven days from the date of issue of the invoice. Thereafter it shall be deemed that the invoice is accepted in full and must be paid in full and on time.

3.4  Photobanks’ Charges and any additional sums payable shall be paid by the Client (together with any applicable Value Added Tax, and without any set-off or other deduction) within 30 days of the date of Photobanks’ invoice.  LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 and all future additions to the Act will be strictly enforced.

3.5  If payment is not made on the due date, Photobanks Ltd. shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 8% above the Banks of England base rate from time to time from the due date until the outstanding amount is paid in full. It is Photobanks’ policy that Specified Services should not be commenced until any significant overdue fees have been settled.

3.6  The Licence to use only becomes active once the invoice has been settled in full. Where images have been published prior to payment with permission from Photobanks Ltd., failure to pay the invoice in full and on time will be regarded as a breach of copyright.

3.7  The Licence to Use is not transferable by the client to any other party and becomes invalid should the client be bought by any third party or go into liquidation.

4. Rights in Output Material

4.1  Copyright: Unless otherwise agreed in advance and on negotiation of an agreed, copyright fee, copyright in all works supplied by Photobanks Ltd. will reside with Photobanks Ltd. as per the Copyright Designs and Patents Acts (1988) in all forms and in all territories. All other rights are asserted by Photobanks Ltd. in all photographs produced by Photobanks Ltd.

4.2  Where a Licence to Use is issued (either in writing or by e-mail) that Licence to Use shall form part of the contract and will become part of and be governed by these Terms and Conditions.

4.3  Where use of an image is made without the author’s consent further charges will be made for breach of this licence and for the usage.

4.4  Photobanks Ltd. will respect any confidentiality agreement concerning the Output Material, if discussed in advance, which may incur an additional Licensing fee. Photobanks Ltd. retains the copyright to the material with no restrictions on its usage unless otherwise agreed in advance of the photography.

4.5  Manipulation of the image or use of only a portion of the image may only take place with the permission of Photobanks Ltd.

4.6  Wherever possible the photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his statutory right to be identified in the circumstances set out in section 77-79 of the Copyright Designs and Patents Act 1988 or any amendment or re-enactment thereof.

4.7  The image license will be imbedded in the metadata of each image and specified in the invoice. “Below the line” use will be considered as personal website, social media, internal literature, and editorial placement where no fee has been paid to guarantee publication. “Above the line” use will be paid advertising, advertorial, paid social media marketing, and promotional marketing literature. The standard time frame will be set at eight years.

4.8  Reproduction rights are not issued exclusively to the Client except when specified on the invoice.

4.9  Photobanks Ltd. reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.

5. Warranties and Liability

5.1  Photobanks Ltd. warrants to the Client that the Specified Service will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Job Sheet and at the intervals and within the times referred to in the Job Sheet. Where Photobanks Ltd. supplies in connection with the provision of the Specified Service any goods (including Output Material) supplied by a third party, Photobanks Ltd. does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to Photobanks Ltd.

5.2  Photobanks Ltd. shall have no liability to the Client for any loss, damage, costs, expenses, or other claims for compensation arising from any instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.

5.3  Except in respect of death or personal injury caused by Photobanks’ negligence, or as expressly provided in these Conditions Photobanks Ltd. shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Photobanks Ltd., its servants or agents or otherwise) which arise out of or in connection with the provision of the Specified Service or their use by the Client, and the entire liability of Photobanks Ltd. under or in connection with the Contract for breach of contract or otherwise shall not exceed the amount of photo-banks’ charges for the provision of the Specified Service, except as expressly provided in these Conditions.

5.4  Photobanks Ltd. shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Photobanks Ltd.’s obligations in relation to the Specified Service, if the delay or failure was due to any cause beyond Photobanks Ltd.’s reasonable control.

5.5       If a Client representative is not present, the Creator’s interpretation shall be deemed acceptable. Any changes, whether made orally or in writing, may result in additional charges. Images supplied may not be rejected on the grounds of style or composition.

5.6       Once the Output Material has been delivered, it is the sole responsibility of the clients to maintain and store. Photobanks Ltd. will not be liable for any lost or corrupted Output Material in the future.

5.7       Photobanks Ltd. will maintain a duplicate copy of the Output Material which will carry an archival retrieval fee if required.

5.8       It is the Client who must satisfy themselves that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Jonathan Banks gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Jonathan Banks Photography (Photobanks Ltd.) against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

6. Termination

6.1  A booking is considered firm (whether given verbally or in writing) as from the date of confirmation and accordingly the photographer will, at his discretion, charge a fee for cancellation or postponement. This will be set as all expenses incurred up to the date of cancellation plus 100% of the photography rate with only 48 hours’ notice and 75% with only 96 hours’ notice.

6.2  Where the duration of an assignment is longer than originally agreed, or unexpected expenses arise, the client shall be liable to pay for extra time and / or expenses as are deemed necessary by the photographer to complete the assignment to the satisfaction of the client.

7. Sharing

The base rate of the Photography will be determined on the size and scope of the project to be photographed.

• The commissioning client connects the photographer with other parties that might be interested in photography of the project.
• All interested parties sign a photography contract before the photo shoot takes place.
• The more parties participating in the photo shoot, the greater the savings for all parties:
• 2 Parties Save 30% EACH
• 3 Parties Save 40% EACH
• 4 or more Parties Save 50% EACH
• If requested, I will tailor the photography package to meet each parties’ differing usage needs or image quantity requirements,

and apply the discount percentage to the tailored package rate.

• Jonathan Banks Photography (Photobanks Ltd.) will invoice each client at the time of proof delivery.
• Each client may choose their own images selects.
• The final High-Resolution Images will be delivered to each client once payment of their invoice has been received.
• Parties not involved in the photo shoot may request images after proofing but will pay a Non-Discounted per image rate.

If you would like to know more about architectural photography cost sharing, please email hello@jonathanbanks.co.uk

8. General

8.1  These Conditions (together with the terms, if any, set out in the Job Sheet) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties.  All other terms and conditions are excluded.

8.2  No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

8.3  If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

8.4  English law shall apply to the Contract, and the parties agreed to submit to the non-exclusive jurisdiction of the English courts.

8.5  Terms and conditions shall not be varied except by agreement in writing.

NOTE : For more information on the commissioning of photography refer to the interim guidelines produced by the Association of Photographers.