Morag MacDonald, trading as Documentary Image Ltd, retains full Copyright of all images, at all times throughout the world Full Terms & Conditions Apply (see below)
1. These terms & conditions shall apply to the Contract to the exclusion of any other terms and conditions put forward by the Client or Agency. 2. Documentary Image Ltd accepts no liability for non-supply of pictures for whatever reason. It is the client's responsibility to ensure that all the necessary clearances have been obtained to allow the pictures to be taken without hindrance or infringements of trademarks or copyrights. 3. Any queries relating to the Pictures or the invoice must be raised immediately upon receipt. Pictures cannot be rejected for reasons of style or composition. 4. Invoices must be paid within the specified period of 30 days. Overdue invoices may be subject to interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date full payment is made. 5. Morag MacDonald/Documentary Image Ltdretains full Copyright of all images, at all times throughout the world. 6. The client is licensed to use the photographs. No license becomes effective until the invoice is paid in full. No use may be made of the Photographs before payment without the express permission of Documentary Image Ltd. Any permission for prior use will be automatically revoked if full payment is not made by the due date or if the Client / Agency is put into receivership or liquidation. The license is granted to the named Client only and is not transferable. Permission to use the Photographs for purposes outside the terms of the license must be sought from Documentary Image Ltd which will normally be granted upon payment of a further fee, which must be mutually agreed before such further use. 7. The client will be authorised to publish the Photographs. However, Morag MacDonald/Documentary Image Ltd retain the right in all cases to use the Photographs in any manner at any time in any part of the world for purposes of advertising or otherwise promoting her work. 8. The client may not sell, or distribute or otherwise syndicate any images without written permission from Documentary Image Ltd. 9. Morag MacDonald is to be credited as the Author of the images. The right to a credit is asserted in accordance with sections 77 and 78 Copyright, Designs and Patents Act 1988. Failure to do so may result in an additional 50% of the original fee to be payed. 10. All negatives, digital files, tapes and transparencies remain the property of Morag MacDonald. The possession of any negative, digital file, tape, transparency or print, CD ROM or other digital file does not infer any agreement for use. 11. Save for the purpose of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of Documentary Image Ltd. 12. The failure to exercise or enforce any of these rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future. 13. While Documentary Image Ltd take all reasonable care in the performance of this Agreement generally, they 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 photograph. 14. It is the Client who must satisfy himself / herself that all necessary rights, model releases or consents which may be required for reproduction of people, places or items depicted within any picture are obtained. It is acknowledged Documentary Image give no warranty or undertaking that any such rights, releases or consents are 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 photographs are used or reproduced by or with the authority of the Client then the Client shall indemnify Morag MacDonald against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained. 15. These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices where it will be non-exclusive.