Postal address: 32 Princes Terrace, Brighton, BN2 5JS
Registered address:  Preston Park House, South Road, Brighton, BN1 6SB

Telephone: +44 (0)1273 275162

Email: [email protected]

Vervate Ltd is a company registered in England and Wales, No. 09814969

DEFINITIONS

The Photographer is contracted to Vervate and is the Author of the photograph.  As such the photographer has copyright but Vervate has ownership of photographs.

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

Vervate administers the licensing of the works of the Photographer

These terms and conditions represent the entirety of the agreement between Vervate and the Client. Any variation is only applicable when agreed in advance and in writing.

REPRODUCTION RIGHTS

The following terms are used when describing the reproduction rights granted by Vervate 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 with 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 for purposes agreed by Vervate beforehand

Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, Vervate will not accept any other work from other clients for those times and dates and as a result, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule (at Vervate’s discretion):

Cancellation Fees

We understand that things can go wrong and will always seek to be as reasonable as possible – these charges are thus at the sole discretion of Vervate Ltd.

7  working days notice: 50% of the full fee

Within 72 hours notice:  100% of the full fees

In cases where other work has been declined:  100% of the full fees

PAYMENT TERMS

Our payment terms are strictly 14 days from date of invoice

If payment is not made in accordance with (a) above then Vervate may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998;

A fee of £15 (excluding VAT) may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices;

If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client may become due of immediate effect.

REJECTION

No discounts are available for reasons of style or taste as that is subjective.

LIABILITY

While Vervate 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;

The Client agrees to indemnify Vervate 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, as well as loss of storage of said imagery, which is done for Vervate purposes, not the Client’s.

The Client must ensure that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Vervate 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 is issued or reproduced by or with the authority of the Client then the Client shall indemnify Vervate against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

APPLICABLE LAW

This 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;

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

Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.