Terms of Sale

1. TERMS AND DEFINITIONS:

(a) picture or pictures includes a photograph, image, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction either singularly or plural;

(b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;

(c) the Photographer otherwise known as Danielle Longotano Rain, is the Author of the photograph.

(d) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);

(e) Longotano Photography administers the licensing of the works of the Photographer Danielle Longotano Rain and is a trading name of Longotano Photography;

2. COPYRIGHT AND OWNERSHIP OF MATERIALS:

(a) The entire copyright in the pictures is retained by the Photographer, at all times throughout the world and is administered by Longotano Photography;

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

(c) Images will be licensed for use for a specified period. When that period of time or license 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 their requirement within 30 days of expiration of the license. Longotano Photography reserves the right to make an additional charge for continued use after ther period;

(d) The Photographer, as administered by Danielle Longotano Rain, 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 Longotano Photography grant of reproduction rights in respect thereof;

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

(f) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Longotano Photography any fee payable by the Client shall be subject to an increase specified by Longotano Photography, and in any event an increase of not less than 25%.

3. USE AND REPRODUCTION:

(a) The License to Use a picture 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 Longotano Photography;

(b) Permission in writing may be granted for image use before payment, however the 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 Longotano Photography invoice. An agreement must be reached with Longotano Photography before the pictures are used for a different purpose or after the licence 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 licence and no partial or other assignment of copyright shall be implied;

(g) Longotano Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client;

(h) In the case of printed publications, one copy of the relevant publication containing any picture supplied are to be furnished to Longotano Photography free of charge within two weeks of publication or printing. In other media, evidence of use must be made available free of charge;

(i) 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 is appointed, Longotano Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.


4. DEFINITIONS OF REPRODUCTION RIGHTS:

The following terms are used when describing the reproduction rights granted by Longotano Photography and the Photographer to the
Client:

(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client's premises; editorial use in the Client's intranet site;

(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such
pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;

(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice;

(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.

5. CLIENT CONFIDENTIALITY:
The Photographer and Longotano Photography 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 or Longotano Photography to carry out their obligations in relation to the commission.

6. BOOKING AND CANCELLATION:
(a) The Client may be required to complete a Booking Form or use either email or a written document to request a booking, on receipt of the booking form, Longotano Photography will send an email as confirmation of the booking including time, dates or date, location and agreed costs, the booking will then be considered Confirmed.

(b) Once the Client has made a booking for a specific time, date and location and time, date and location has been Confirmed, Longotano Photography will not accept any other work from other clients for those times and dates;

(c) As a result, once a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule:
(i) When a client cancels a confirmed booking more than 10 days of any confirmed date, an administration fee of 30% of the booked time rate or agreed fee will be charged will be charged;
(ii) When a client cancels photography less than 10 days of any confirmed date, a fee of 60% of the booked time rate or agreed fee will be charged.
(iii) In addition to the cancellation fee, the client will be charged for any expenses already incurred by Longotano Photography.

(d) Should the Client need to change the time, date or location once a booking is Confirmed Longotano Photography will attempt to accommodate as far as possible, the change of either time, date or location may result in additional costs or additional expenses which will be advised to the Client, but this will not prevent a cancellation fee.

7. PAYMENT TERMS:

(a) Our payment terms are as shown on the invoice with a due by date, any other terms will be agreed in advance and in writing;

(b) If payment is not made in accordance with (a) above then Longotano Photography 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;

(c) A fee of £25.00 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence, document or phone calls involved with the pursuance of a debt. Ther fee is non-refundable, and represents the additional time spent pursuing overdue invoices;

(d) In addition to all other costs all legal fees or other costs in pursuing overdue invoices will be payable;

(e) The Client's right to reproduce a picture arises only when Longotano Photography 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 the Agreement entitling Longotano Photography to rescind the Agreement and rendering the Client liable for the payment of damages;

(f) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if it is less than thirty days from the issue date or the invoice has not reached its due by date, and that Longotano Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts;

(g) When making payment the preferred method is via bank transfer, bank details will be provided on our invoice or on request

(h) All items including prints, wall art, albums or any other goods ordered or purchased on-line, via the web site, by email or as a telephone order are due full payment at the time of ordering. Goods will not be delivery until payment is made in full. If an on-line, email or telephone order is not paid in full within seven days of the order being made, the order will be cancelled.

8. REJECTION:

(a) Longotano Photography 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.

9. LIABILITY AND INDEMNITY:

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

(b) The Client agrees to indemnify Longotano Photography 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 Longotano Photography;

(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 Longotano Photography 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, trademarks, 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 Longotano Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

10. APPLICABLE LAW:

(a) Ther Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive
direction of the Courts of England;

(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

(c) Email communication constitutes a contract in law, unless the Client specifically states they will not.