1. Terms and Definitions:
(a) picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction;
(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 Client is the person or organization to whom the invoice is addressed (whether or not the Client is acting for a third party);
(d) These terms and conditions represent the entirety of the agreement between PhotoExtent and the Client. Any variation is only applicable when agreed in advance and in writing.
(e) Photographer is the owner (brand loyalty) of the photograph and Photoextent will have the right to sell uploaded image to its clients with different type of usage license, PhotoExtent also have the right to use this image for its any kind of promotion and marketing events.
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 PhotoExtent.
(b) Images will be licensed for use for a specified period. When the License to use 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 this requirement within 30 days of expiration of the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period;
(c) The Photographer, as administered by PhotoExtent, 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 PhotoExtent’ grant of reproduction rights in respect thereof;
3. Use and Reproduction:
(a) The License to Use 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 PhotoExtent.
(b) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on PhotoExtent invoice. An agreement must be reached with PhotoExtent before the pictures are used for a different purpose or after the license to use has expired;
(c) Reproduction rights are not issued exclusively to the Client except when specified on the invoice;
(d) 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;
(e) Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied;
(f) PhotoExtent reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client;
(g) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to PhotoExtent free of charge within two weeks. In other media, evidence of use must be made available if requested;
(h) 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, PhotoExtent 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. Purchasing and Cancellation:
(a) Once a Purchasing 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 Purchasing within 10 business days of any confirmed date, an administration fee 50% of photography price (Excl. VAT) will be charged.
(ii) When a client cancels a Purchasing within 20 business days of any confirmed date, an administration fee 75% of photography price (Excl. VAT) will be charged.
(iii) Client will have to pay the any additional fee regarding fund return (bank transfer, online transfer) if needed.
5. Liability and Indemnity:
(a) PhotoExtent 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;
(b) The Client agrees to indemnify PhotoExtent 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 PhotoExtent;
(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 PhotoExtent 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 is issued or reproduced by or with the authority of the Client then the Client shall indemnify PhotoExtent against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(d) Model releases or consents and any other acknowledgment is the sole responsibility of photographer, PhotoExtent 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.
6. Client Confidentiality:
The Photographer and PhotoExtent 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 PhotoExtent to carry out their obligations in relation to the commission.
7. Billing for Photographer:
(a) Photographer will receive 30% payoff based on his sold photography.
(b) After earning 20$ or equivalent Photographer will be able to withdrawal cash.