Terms & Conditions
Postal address: 8 Bennett Road, Brighton, BN2 5JL
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
Our UK VAT registration number: 223 6106 45
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.
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
BOOKING & CANCELLATION
The Client will be required to agree to a Confirmation Form that Vervate will send them, at which point the booking is classed as confirmed.
Vervate reserve the right to confirm a booking earlier than this in writing should the need arise at their own discretion
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, once a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule (at Vervate’s discretion):
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.
No charge for over 5 working days notice
2 – 5 working days notice: 50% of the full fee
Within 48 hours notice: 100% of the full fees
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.
The Commission Confirmation forms are intended to ensure that we at Vervate fully understand the photography brief that you have communicated to us. No discounts are available for reasons of style or taste as that is subjective.
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.
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.
Licence to Use
Entire copyright of Vervate commissioned photographs is with the photographer as per UK Law. The Licence to Use lays out the terms under which a client can use the photographs on any individual commission. For further information about Copyright, please see this link: Photography Copyright or get in touch with us at Vervate. Unless otherwise superceeded by individual Contracts and Licence Agreements signed by Vervate and a Client, all commissions undertaken by Vervate are covered by a Licence to Use as follows:
The following lays out our Terms and Conditions in relation to this website:
Terms and Conditions for www.vervate.com
The term ‘Vervate’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we 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.
• 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.
• 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.
• All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• 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).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.