Terms and Conditions
(a) For the purpose of this agreement “the Company” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title and refers to Collett Creative. In cases where the Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Company “and “the Client” shall be interpreted as references to the Client.
(b) For the purpose of this agreement “The Photographer” or “Designer” will mean the Author of the Photograph, Logo or Website Design, Michael Collett or Collett Creative. And shall where the context so admits include their respective assignees, sub-licensees and successor in title.
(c) “Photographs” and “Works” means all photographic or design material furnished by the Company, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.
(d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.
(e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Company.
(f) Where time is of the essence the agency entirely at its own discretion may accept an instruction given orally, in this event the Company shall accept no liability for any error in executing the order.
(g) Unless the Company is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.
(h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
(a) Collett Creative retains the entire copyright in all completed design material (including all photographs, logos and designs) at all times, throughout the World and : -
(b) Where reproduction of works has taken place and settlement has not been made, the company will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
3. Ownership of Materials
(a) Title to all photographs remains the property of the company.
(b) When the License to Use has expired the photographs must be returned to the company in good condition within 30 days and any archived digital files destroyed.
(c) Title to any materials used in producing any material is not transferred to the Client upon payment of the invoice.
(d) Clients will not automatically have the right to access any files, this includes RAW photographic files or Design files including, PSD, AI or InDesign files. If clients wish to obtain design files they can at an agreed additional fee and arrangement. Clients will not have the right to obtain or purchase RAW photographic files. We retain the right to refuse a clients request to purchase these files.
(a) The License to Use comes into effect from the date of payment of the relevant invoice(s).
(b) No use may be made of the design material before payment in full of the relevant invoice(s) without the company’s express permission in writing.
(c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the client is put into receivership or liquidation.
(d) Where restricted in the Agreement, permission to use any material for other purposes will normally be granted upon payment of a further fee to be mutually agreed.
Note: A written agreement must be reached with the company before the material may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made.
(e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied.
(f) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
(g) The use of the platform ‘Squarespace’ or any other web based software in the client’s website design is purely a recommendation of the company and this will be deemed a separate agreement between the client and the chosen software provider. Collett Creative will not accept any form or liability for any issues or financial transaction losses to the client, as a result of using the platform ‘Squarespace’ or any other web based software and in the event that the platform ‘Squarespace’ or any other web based software ceases to trade in the future.
(h) With the creation of a new website for the Client, whilst the Company will perform best practices to the best of our knowledge, the company cannot guarantee the SEO performance of the website.
(i) The Company has the right to display all Client material in our portfolio on our website without the need to ask clients permission.
5. Client Responsibility
The Client is solely responsible for proofing and signing off any print ready artwork destined for print or production. Once the artwork is signed off (by replying to any email containing print ready artwork and stating your intention to allow the artwork to go to print), Collett Creative will not liable or responsible in any way for any content or artwork errors found within the final printed artwork. If the Client does not wish to complete their own proofing and signing off their artwork, then the Client the option to employ our proofreading service for an additional charge.
(a)Unless agreed to in writing on the License to Use or client terms, no exclusivity is given or implied to the client.
(b) The company retains the right in all cases to use or sell any photographs.
(c) Exclusivity will not be unreasonably withheld but only on written agreement with the company before work commences.
7. Client Confidentiality
(a)The company will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the company to carry out his/her obligations in relation to the commission.
(a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained.
(b) It is acknowledged that the company gives no warranty or undertaking that any such rights, releases or consents are 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.
(c) The company shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot.
(d) In all other cases the client shall indemnify the comapny against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
(e) The company will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by Collett Creative, their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
(a) Payment due date will be clearly noted on the relevant invoice for the commissioned work.
(b) All costs/quotes are always given as initial estimates and will be subject to change in light of new project information or revised project briefs. Quotes and estimates are valid for 14 days from receiving this email. A 50% deposit of the initially agreed sum is required before any work can commence and the remaining balance will be paid within 14 days of receiving the final invoice. We retain the right to revise quotes and estimates at our discretion at any time.
(c) Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £15.50 plus VAT each and all other costs for the recovery of debts including bank charges.
(d) A further charge of 5% above the Bank of England interest rate is then added to the invoice on the first day following that when settlement should have been made. Late payment of commercial debts (interest) Act 1998 will be enforced.
(e) Where a client is a company and whether or not that company has gone into liquidation, the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
Where extra expenses or times are incurred by the company as a result of alterations to the original brief by the client, or otherwise. The client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the estimate/quotation as having been agreed or estimated.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
12. Cancellation & Postponement
A booking is considered firm as from the date of confirmation and accordingly the client will, at his/her discretion, charge a fee of cancellation or postponement.
13. Right to Credit
The Licence to Use requires that the client’s name ‘Collett Creative or ‘Michael Collett’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s) and design material i.e. on the bottom of client’s website. The company also asserts his/her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
14. Supply to Third Parties
The licence only applies to the Client and product stated on the Licence to Use.
15. Electronic Storage
(a) Save for the purposes of production for the licensed use(s), any design material may not be stored or archived in any form without the written permission of the company.
(b) Manipulation of any image or use of only a portion of the image may only take place with the written permission of the company.
(c) Digital Data is stored by the company on the understanding that the company is not responsible for the future integrity of that data, or of any failure to retrieve data from the company’s archive.
(d) All Client data is stored securely on our encrypted server and in compliance with all General Data Protection Regulations and will not be shared with any other parties, unless the Client gives specific permission or requests for the data to be shared.
16. Applicable Law
This agreement shall be governed by the Laws of England & Wales.
These Terms and Conditions shall not be varied except by agreement in writing.