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Terms and Conditions

Terms and Conditions

a.) The Photographer (otherwise known as Rami Maki) is the Author of the photograph or the Photographer.

b.) The term ‘you’ refers to the user or viewer of the website.

c.) “Photographs” and “Works” means all photographic material furnished by the Photographer, 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 before and by the Photographer.

(f) Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.

 Website

  1. a) The material in the Website is copyright Rami Maki or. You are welcome to view, print and download the contents of the Website for personal use, but not for any commercial purposes or re-publication.
  2. b) The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  3. c) Neither Rami Maki nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  4. d) Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  5. e) This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  6. f) All trademarks reproduced on this website which are not the property of, or licensed to the operator, are acknowledged.
  7. g) Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

h.) From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

COPYRIGHT

(a) The entire copyright in the pictures is retained by the Photographer, Rami Maki  at all times throughout the world;

(b) Title to all photographs remains the property of the Photographer;

(c) Images will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period;

(d) The Photographer, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on the photographer grant of reproduction rights in respect thereof;

(e) Rami Kami  asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988;

USE

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 Photographs before payment in full of the relevant invoice(s) without the Photographer’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 Agency is put into receivership or liquidation.

d.) Where 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.

Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the license to use further charges will be made.

e.) Any reproduction rights granted are by way of license only and no partial or other assignment of copyright shall be implied.

PAYMENT

a.)Payment due date will be clearly noted on the relevant invoice for the commissioned work.

d.) 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.

c.) Above then The Photographer may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998;

d.) The Client’s right to reproduce a picture arises only when The Photographer invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling photograph to rescind the Agreement and rendering the Client liable for the payment of damages;

e.) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that The Photographer may consider these invoices as overdue when pursuing legal action for the recovery of said debts;

Use and Reproduction

a.) 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 by The Photographer;

b.) Permission in writing 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;

c.) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on The Photographer invoice. An agreement must be reached with The Photographer before the pictures are used for a different purpose or after the license to use has expired;

d.) Reproduction rights are not issued exclusively to the Client except when specified on the invoice;

e.) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights;

f.) Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied;

g.) The Photographer reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client;

Rejection

a.)The Photographer Images will edit every take and deliver what it considers to be the best of every situation covered;

b.) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.

Liability and Indemnity

a.) While the Photographer takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption;

b.) The Client agrees to indemnify The Photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by The Photographer;

c.) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that The Photographer 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 The Photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

Client Confidentiality

a.)The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out their obligations in relation to the commission.

Governing law

a.)This agreement shall be governed by the Laws of England & Wales.