Terms & Conditions
When using the services of in-a-space you agree to be legally bound by the following terms & conditions:
1. DEFINITIONS
For the purpose of this agreement “the Agency” and “the Advertiser” shall where the context so admits include their respective assignees, sub-licensees in the title. In cases where the Photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the Photographer’s client.
“Photographer” shall be interpreted as reference to in-a-space the company, and shall where the context so admits include respective assignees, sub-licensees of the company in the title.
“Photographs”, means all photographic material furnished by the Photographer, whether digital files, prints or any other type of physical or electronic material including virtual tours and floorplans.
2. COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. OWNERSHIP
Title to all Photographs remains the property of the Photographer.
4. USE
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee, to be mutually agreed.
5. EXCLUSIVITY
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons. Unless specifically excluded the photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for any usage to be exploited in any media in perpetuity and for advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for all purposes.
6. CLIENT CONFIDENTIALITY
The Photographer 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 purpose of photography, save as may be reasonably necessary to enable the photographer to carry out his/her obligations in relation to the commission.
7. INDEMNITY
The Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of ensuring that the Photographer has authority to photograph the agreed premises, that the premises to be photographed are presentable, and in respect of third party copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency or Advertiser shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. The Photographer will, at his/her discretion charge a fee for the full cost of a commission if the Photographer is unable to gain access to the premises for an agreed appointment, or if the Photographer is unable to shoot the premises to be photographed due to the premises being deemed not presentable for an agreed appointment.
8.DELIVERY
The Photographer will strive to ensure that Photographs are available to you within 24 hours of a firm booking confirmation, with the exception of floorplans and virtual tours which the Photographer will strive to ensure are available to you within 48hours of a firm booking confirmation. If a booking is made on Friday the 24 hour turnaround time does not include Saturday or Sunday, therefore photographs will be delivered on Monday.
9. ELECTRONIC STORAGE
Photographs including virtual tours & floorplans will be available for the Agency or the Advertiser to download online via a secure login linking to the Photographer’s server on issue of the relevant email. Photographs are available to download for an unlimited number of times for 30 days from the date of issue of the relevant email. After 30 days the Photographer reserves the right to remove photographs from the server and archive the photographs, unless an agreement has been made between the Agent or Advertiser and the Photographer to extend the storage facility. If the Photographs are required by the Agency or Advertiser after 30 days the Photographer will charge a supply fee of £20 per item. If the Photographer has agreed as part of a commission to host virtual tours or floorplans on the Photographer’s server, then such hosting will be provided free for a period of 6 months. After this period expires the Photographer reserves the right to remove hosted content from the server, unless an agreement has been made between the Agent or Advertiser and the Photographer to extend the web hosting. The Photographer will charge at his/her discretion a further fee for extending the web hosting period.
10. PAYMENT
Payment by the Agency will be expected for the commissioned work immediately upon issue of the relevant invoice. If the invoice is not paid, in full, within 15 days The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
11. EXPENSES
Where extra expenses or time are incurred by the photographer as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses as having been agreed or estimated in the quote. Travel expenses are included in all prices quoted if the booking is within the areas of Bow, Canary Wharf, Docklands, Greenwich, Royal Docks, Stratford, Woolwich. A fee of 50p per mile, together with any fees incurred from congestion charging, parking, or any other transport costs will be charged to the Agency or Advertiser if the commission requires the Photographer to travel outside of these noted areas.
12. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject Photographs on the basis of style or composition. Floorplan measurements are approximate and for illustrative purposes only and should be viewed with this in mind.
13. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of email confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation. A booking fee of £20 is included in all prices quoted. If orders are cancelled within 3 hours of the appointment time the Agency and the Advertiser will be liable to pay a fee of £20. Cancellations in excess of 3 hours will not incur this charge.
14. RIGHT TO A CREDIT
If the box on the estimate and the licence marked ‘Right to a Credit’ has been ticked the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box the Photographer also asserts his/her statutory 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.
15. SUPPLY TO THIRD PARTIES
The licence only applies to the advertiser and product as stated on the front of the form.
16. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales.
17. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.