Privacy Policy & Terms and Conditions

GDPR PRIVACY POLICY

Privacy Policy

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the CreativePixelPhotos. The use of the Internet pages of the CreativePixelPhotos is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the CreativePixelPhotos. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, the CreativePixelPhotos has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of the CreativePixelPhotos is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

  • a)    Personal data

Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  • b) Data subject

Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

  • c)    Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  • d)    Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

  • e)    Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

  • f)     Pseudonymisation

Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

  • g)    Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

  • h)    Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  • i)      Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

  • j)      Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

  • k)    Consent

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

CreativePixelPhotos

The Willows, Francis Farm, Woolpit Rd, Rattlesden IP30 0RZ

Phone: 07425 169341

Email: Allen@creativepixelphotos.com

Website: CreativePixelPhotos.com

3. Collection of general data and information

The website of the CreativePixelPhotos collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the CreativePixelPhotos does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the CreativePixelPhotos analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

4. Contact possibility via the website

The website of the CreativePixelPhotos contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

5. Comments function in the blog on the website

The CreativePixelPhotos offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a web-based, publicly-accessible portal, through which one or more people called bloggers or web-bloggers may post articles or write down thoughts in so-called blogposts. Blogposts may usually be commented by third parties.

If a data subject leaves a comment on the blog published on this website, the comments made by the data subject are also stored and published, as well as information on the date of the commentary and on the user’s (pseudonym) chosen by the data subject. In addition, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties, or posts illegal content through a given comment. The storage of these personal data is, therefore, in the own interest of the data controller, so that he can exculpate in the event of an infringement. This collected personal data will not be passed to third parties, unless such a transfer is required by law or serves the aim of the defense of the data controller.

6. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

7. Rights of the data subject

  • a) Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

  • b) Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

  • the purposes of the processing;

  • the categories of personal data concerned;

  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;

  • the existence of the right to lodge a complaint with a supervisory authority;

  • where the personal data are not collected from the data subject, any available information as to their source;

  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

  • c) Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

  • d) Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

  • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

  • The personal data have been unlawfully processed.

  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the CreativePixelPhotos, he or she may, at any time, contact any employee of the controller. An employee of CreativePixelPhotos shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the CreativePixelPhotos will arrange the necessary measures in individual cases.

  • e) Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.

  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.

  • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the CreativePixelPhotos, he or she may at any time contact any employee of the controller. The employee of the CreativePixelPhotos will arrange the restriction of the processing.

  • f) Right to data portability

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of the CreativePixelPhotos.

  • g) Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

The CreativePixelPhotos shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If the CreativePixelPhotos processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the CreativePixelPhotos to the processing for direct marketing purposes, the CreativePixelPhotos will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the CreativePixelPhotos for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of the CreativePixelPhotos. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

  • h) Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the CreativePixelPhotos shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the CreativePixelPhotos.

  • i) Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

f the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the CreativePixelPhotos.

8. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

9. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.

10. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

11. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

12. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

1. APPLICATION OF TERMS
1.1 These terms and conditions will:
1.1.1 apply to all Assignments undertaken by the Photographer for the Client and to all Usage Licences or
extended and/or additional Usage Licences relating to such Assignments; and
1.1.2 prevail over any inconsistent terms or conditions contained, or referred to, in Client’s purchase
order, confirmation of order, acceptance of Estimate, or specification or other document supplied by
Client, or implied by law, trade custom, practice or course of dealing.
2. DEFINITIONS
“Photographer” means the commissioned Photographer whose details are set out in the Estimate and
invoice(s) for an Assignment.
“Assignment” means a commission by the Client of the Photographer for provision of Photographer’s
services at a shoot for the purpose of creating the Material.
“Advertiser” means any client of the Client for whose benefit or use the Material is commissioned.
“Client” is the party commissioning the Photographer and includes the Client’s affiliates, assignees, and
successors in title.
“Estimate” means any email or other document electronic or otherwise created by the Photographer
and setting out the Fee and expenses for any Assignment along with information as to Usage Licences.
“Fee” means the Photographer’s fees as set out in the Estimate.
“Licensed Images” means the still and/or moving images selected from the Material and as specified in the
Estimate as to be licensed for use in accordance with these Terms. “Material” means all photographic
material created by the Photographer pursuant to an Assignment and includes but is not limited to
transparencies, negatives, prints, digital files or any other type of physical or electronic material recording
either still or moving images. “Shoot Duration” means the number of confirmed days of a shoot whether
undertaken consecutively or in separate parts and includes all shoot, travel, recce, preparation or test days.
“Usage Licence” means the licence to use the Licensed Images as set out in clause 3.3 and clause 9 below.
“Working Day” means a day that is not a Saturday or Sunday or any day that is a Bank Holiday in England.
"B.U.R" means Base Usage Rate and is the figure by reference to which additional usage fees to the usage
fees stated on the Photographer's original Estimate as accepted by the Client are established.
3. ESTIMATES
3.1 Estimates provided by the Photographer are based upon the information provided by
the Client in advance of preparing the Estimate.
3.2. Changes to the requirements for an Assignment before or during a shoot may increase the Fee and
expenses.
3.3 Estimates shall specify the number and characteristics of Licensed Images which the Client shall
be entitled to use and the media and territories in and durations for which they may be used and
these shall be the terms of the Usage Licence unless otherwise agreed in writing. The Client is
responsible for checking the Estimate to ensure that it provides for all requirements including but not
limited to post production, high resolution files, the correct usage licences and all technical
specifications for the Licensed Images.
3.4 Unless otherwise agreed in writing the Client’s agreement of shoot date(s) shall be deemed to be
acceptance of the Estimate.
3.5 If no B.U.R. has been stated, it will be equivalent to the Photographer's day shoot fee.
4. CONDUCT OF THE SHOOT
4.1 The shoot will be arranged on date(s) mutually agreed between the Parties.
4.2 During the shoot the Photographer will take account of the Client’s reasonable instructions
in respect of the shoot brief.
4.3 If the Client is not present during the shoot then the Photographer’s interpretation of the brief shall
be deemed acceptable to Client.
5. OVERTIME AND ANTISOCIAL HOURS
5.1 A normal day is up to 9 hours (including 1 hour for lunch) between 9am and 6pm on any Working Day.
5.2 Any hours worked outside a normal day (“Antisocial Hours”) will incur additional overtime fees
for the Photographer, crew and facilities. These will be agreed between the Parties.
© The Association of Photographers Ltd 2016-2019
No part of these Terms and Conditions may be reproduced in part or in whole without written permission from the AOP
5.3 Additional fees for crew, facilities and any other third parties required to work Antisocial Hours
shall be as set out in their standard terms or otherwise negotiated.
6. CANCELLATION OF SHOOT
6.1 If a confirmed shoot is cancelled or postponed for reasons outside the control of the Photographer
(including unsuitable weather / light), the Photographer reserves the right to charge a cancellation fee at
the following rates together with all incurred expenses: On Shoot Duration of two days or less:
6.1.1 cancellation on less than 3 Working Days notice - 100% of Fee + all expenses; or
6.1.2 on 3 to 6 Working Days notice - 75% of Fee + all expenses; or
6.1.3 on more than 6 Working Days notice - 50% of Fee + all expenses. On Shoot
Duration in excess of 2 days and on notice equivalent to:
6.1.4 the Shoot Duration or less -100% of Fee + all expenses; or
6.1.5 more than the Shoot Duration but not more than twice the Shoot Duration - 75% of Fee + all
expenses; or
6.1.6 more than twice the Shoot Duration - 25% of Fee + all expenses.
7. ACCEPTANCE & DELIVERY
7.1 Following completion of the shoot the Photographer will deliver the Material to the Client as soon as
reasonably practicable and in the agreed format to enable the Client to select the Licensed Images.
7.2 Subject to any previously agreed deadlines for post-production work the Photographer will carry out
any such work required as soon as reasonably practicable but cannot guarantee urgent turnaround.
7.3 Unless expressly agreed in writing between the Parties the Client shall not be entitled to reject the
Material on the basis of style or composition.

8. STORAGE OF MATERIAL
8.1 The Client shall ensure that it takes appropriate steps to keep safe an exact digital copy of all Material
supplied for the duration of the Usage Licence. The Photographer will not be responsible for archiving any
Material unless by prior written agreement with the Client.
8.2 Save for the purposes of the Usage Licence including clause 8.1 above the Material may not be stored
in any electronic medium or transmitted to any third party, including for the avoidance of doubt any
associated or branch office of the Client, without the written permission of the Photographer.
8.3 Upon publication of the Licensed Images or any of them and on the Photographer’s request the Client
shall supply to the Photographer free of charge a high-resolution digital file, PDF format file or good quality
hard copies of the Licensed Images in the context in which they are published.
9. COPYRIGHT & USAGE LICENCES
9.1 The entire copyright and all similar rights throughout the world in all the Material and ownership of all
physical materials created by or for the Photographer shall vest in and be retained by the Photographer at
all times.
9.2 The Client is responsible for informing the Advertiser of the extent and limitations of all Usage
Licences.
9.3 Upon payment in full of both the Fee and expenses for an Assignment the Photographer grants
to the Client the right to use the Licensed Images on the express terms of the Usage Licence. No use
may be made before payment in full without the Photographer’s express agreement in writing.
9.4 Provided that the Client has paid in full all invoices relating to the Assignment the period of use
specified in the Usage Licence commences from the date of first use or 6 months after the shoot date,
whichever is sooner (unless otherwise agreed in writing).
9.5 Usage of the Licensed Images is limited to use of such images as provided by the Photographer and
the Client shall not manipulate any Licensed Photograph or make use of only part of any individual image
without the prior written permission of the Photographer.
9.6 The Client may only sub-license the right to use the Licensed Images to the disclosed Advertiser as
agreed and strictly on the terms of the Usage Licence.
9.7 Neither the Client nor the Advertiser may use the Licensed Images in relation to any additional
products or services not specified in the Usage Licence.
9.8 Any licence to use the Licensed Images shall automatically be revoked if payment in full of both the
Fee and expenses for an Assignment is not received by the due date specified in the relevant invoices or if
the Client or Advertiser becomes insolvent or is put into receivership or is subject to any of the matters set
© The Association of Photographers Ltd 2016-2019
No part of these Terms and Conditions may be reproduced in part or in whole without written permission from the AOP
out in clause 20.1.2 below.
10. ADDITIONAL/EXTENDED USAGE
10.1 The Fee is based on the Usage Licence as specified in the Estimate. Any additional or extended use
(including for the avoidance of doubt the use of individual still frames from licensed moving image
footage) will attract an additional fee which must be agreed by the Photographer in advance.
10.2 Any estimates of additional or extended usage licence fees provided to the Client are valid for a
period of three months from the date of the estimate only (unless otherwise notified in writing).
10.3 The Client acknowledges that such estimates do not include provision for any third party rights
which are the responsibility of the Client pursuant to clause 12 below.
10.4 The Client shall procure that the Advertiser requests any necessary extended or additional
usage licence(s).
10.5 Any extended or additional use made without permission shall attract an additional fee.
11. EXCLUSIVITY
11.1 All Usage Licences granted by the Photographer to the Client shall be exclusive to the
Advertiser and the Client unless otherwise agreed in writing.
11.2 Subject to clause 11.4, the Photographer undertakes not until 2 years after the shoot or the expiry of
the Usage Licence(s) (whichever is later) to grant any other licence in respect of the Material to any third
party.
11.3 After expiry of the exclusivity period the Photographer shall make such use of the Material
including the Licensed Images as he/she sees fit.
11.4 Nothing in this clause 11 shall prevent the Photographer at any time from using the Material,
whether commercial, test or speculative (images shot for presentation/pitch/ awards), in any form and in
any manner worldwide for the purpose of promoting his/her services, provided that in the case of
unpublished Material the Photographer shall first obtain the Client’s consent, such consent not to be
unreasonably withheld. The Photographer reserves the right to use the Material for this purpose
whether or not in the context of the Advertiser’s advertisement or other material in which the Material is
incorporated, including without limitation the Advertiser’s branding.
12. THIRD PARTY RIGHTS
12.1 Engagements of third party suppliers, including models, are subject to such terms and
conditions as those parties may require which shall be made available by the Photographer on
request.
12.2 Estimated model fees cover modelling time only and the Client shall be responsible for clearing
model usage unless otherwise stated on the Estimate.
12.3 Items created specifically for the shoot shall remain the property of their creator unless agreed
otherwise.
12.4 The Photographer shall not be responsible for obtaining any clearances in respect of third party
copyright works, trade marks, designs or other intellectual property used in relation to the Assignment or
any Usage Licence or extension thereof unless expressly agreed in writing prior to the shoot.
13. CREDITS
13.1 In respect of all editorial uses and otherwise as additionally stated in the Estimate the Client shall
procure that the Photographer’s name is printed on or in reasonable proximity to all published
reproductions of the Licensed Images.
14. PAYMENTS
14.1 All expenses and production costs must be paid in advance of the shoot unless otherwise
agreed in writing and such invoices are due on presentation.
14.2 All other invoices must be paid within 30 days of the date of issue. The Photographer reserves the
right to charge interest on late payments at the rate prescribed by the Late Payment of Commercial Debts
(Interest) Act 1998 from the date payment was due until the date payment is made.
14.3 If there is a delay of one month or more between agreed pre-production work and
the shoot, the Photographer reserves the right to invoice the Client for the pre-production element of the
Fee and for any expenses already incurred by the Photographer.
© The Association of Photographers Ltd 2016-2019
No part of these Terms and Conditions may be reproduced in part or in whole without written permission from the AOP
14.4 Usage Licence and any third party fees negotiated by the Photographer are payable regardless of
whether Licensed Images are in fact used by the Client or the Advertiser.
14.5 All payments are due in pounds sterling unless expressly stated otherwise.
15. EXPENSES
15.1 All expenses figures provided in advance of a shoot are estimates only and the Client should
allow a minimum 10% contingency budget in all cases. All estimated costs are stated exclusive of VAT.
15.2 The Photographer will endeavour to work within the agreed cost estimate, but individual costs
within the Estimate may vary at his/her discretion to enable the most effective realisation of the brief.
15.3 Receipts for expenses can only be provided if requested prior to shoot confirmation. Provision of
receipts will incur an accountancy charge of 1.5% of total costs and fees incurred in respect of the
Assignment subject to a minimum charge of £250 and a maximum of £600.
15.4 Where extra expenses or time are incurred by the Photographer as a result of alterations to the
original brief by the Client, or otherwise at its request, the Client shall be liable to pay such extra
expenses and additional fees at the Photographer’s normal rate.
16. RETURN OF MATERIALS
16.1 Within 30 days of expiry of any Usage Licence the Material must be returned to the Photographer
in good condition and any digital files stored by the Client and the Advertiser must be deleted.
17. INDEMNITY
17.1 The Client shall indemnify the Photographer and keep him/her and their respective officers and
employees indemnified on a continuing basis against all liabilities, claims, costs, damages and expenses
claimed or incurred (including legal costs) or licence fees due by reason of any infringement claim, or
alleged infringement, of any intellectual property rights relating to any failure by the Client to obtain third
party clearances or arising out of use of the Material by the Client or the Advertiser outside of the Usage
Licence or otherwise as a result of any breach by the Client or the Advertiser of these terms.
18. EXTENT OF LIABILITY
18.1 The Photographer shall not be liable to the Client for any loss of profit, loss of contracts, loss of
business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs,
expenses or other claims (whether caused by the negligence of the Photographer, Photographer’s
employees, agents or sub-contractors or otherwise) which arise out of or in connection with the shoot.
18.2 The Photographer’s maximum aggregate liability for all losses, damages, costs,
claims and expenses however or whenever arising out of or in connection with these Terms shall in any
event be limited to the total amount of the fees paid to the Photographer in relation to the relevant
Assignment.
18.3 Notwithstanding the above, nothing in these terms excludes or limits the liability of the
Photographer for death or personal injury caused by the Photographer’s negligence or that of his/her
employees, agents or sub-contractors, for any fraudulent statement or act or for any matter which it
would be illegal to exclude.
18.4 The Photographer hereby disclaims any warranties, conditions and other terms on or relating to
the services hereunder or any parts thereof which might otherwise be implied whether by statute, law,
custom, course of dealing or otherwise, including without limitation any warranty, condition, or other
terms of merchantability, quality, fitness for purpose or non-infringement to the fullest extent permitted
by law.
19. CONFIDENTIALITY
19.1 The Photographer will keep confidential and will not disclose to any third parties or make use of
material or information communicated to them in confidence for the purposes of the Assignment, save
as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation
to the Assignment.
19.2 It shall be the sole responsibility of the Client to arrange for any third party involved in
the Assignment to enter into any confidentiality agreement.
19.3 The Photographer will not be liable for any breach of confidentiality by any third party.
© The Association of Photographers Ltd 2016-2019
No part of these Terms and Conditions may be reproduced in part or in whole without written permission from the AOP
20. TERMINATION
20.1 Either party will be entitled to terminate these Terms immediately by giving written notice to the
other if the other party:
20.1.1 commits a material breach of these Terms and fails to remedy that breach (if remediable)
within 30 days after receipt of written notice requesting its remedy; or
20.1.2 is the subject of a bankruptcy order or becomes insolvent or makes any arrangement or
composition with or assignment for the benefit of its creditors or if any of the other party’s assets are the
subject of any form of seizure, or the other party goes into liquidation either voluntary (otherwise than for
reconstruction or amalgamation) or compulsory, or a receiver or administrator is appointed over the other
party’s assets.
21. EFFECTS OF TERMINATION
21.1 On termination or expiry of these Terms for whatever reason:
21.1.1 The Client shall pay all sums due and owing the date of which will be
automatically accelerated to the date of termination.
21.1.2 The provisions of Clauses 2, 3.3, 8, 9, 10, 11, 12, 13, 16, 17, 18 and 19 shall survive expiry or
termination.
21.2 Any termination and/or suspension of these Terms shall be without prejudice to any other
rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued
rights or liabilities of either party.
22. FORCE MAJEURE
22.1 The Photographer shall not be liable for any failure or delay in the performance of any of
such party’s obligations under these Terms caused by any circumstances beyond such party’s
reasonable control.
23. GENERAL
23.1 Waiver: No delay or omission by a party in exercising any right or remedy under these Terms shall
operate to impair such right or remedy or be construed as a waiver thereof. Any single or partial exercise
of any such right or remedy shall not preclude any further exercise or the exercise of any other right or
remedy.
23.2 Assignment/Sub-contracting: Neither party shall be entitled to assign, transfer,
delegate or sub-contract the whole or any part of its rights and obligations under these Terms without
the prior written consent of the other party (such consent not to be unreasonably withheld or delayed).
23.3 Notices: Any notice under these Terms shall be duly given if: (a) delivered personally; or (b) sent by
pre-paid post, in which case it shall be deemed to have been received 48 hours after posting; or (c) sent by
fax, in which case it shall be deemed to have been received when transmitted.
23.4 Entire Agreement and Variation: These Terms and the Estimate constitute the entire agreement
between the parties with respect to their subject matter.
23.5 Severability: If any part of these Terms is found by any court or other competent
authority to be invalid, unlawful or unenforceable then such part shall be severed from the Terms and
the remainder shall continue to be valid and enforceable to the fullest extent permitted by law.
23.6 Relationship: Nothing in these Terms shall be construed so as to give rise to any agency, joint
venture, partnership or relationship of employer and employee between the parties.
23.7 Third Party Rights: The provisions of these Terms are for the benefit of the parties and are not
intended to confer upon any person except the parties any rights or remedies hereunder. No person who
is not a party to these Terms shall have any right to enforce any of its terms pursuant to the Contracts
(Rights of Third Parties) Act 1999.
23.8 Law and Jurisdiction: These Terms are governed by the laws of England & Wales and the Parties
hereby irrevocably submit to the non-exclusive jurisdiction of the courts of England & Wales

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Phone: 07425 169341

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