Terms of service

1. Definitions

For the purpose of this agreement “the Agency” and “the Advertiser” shall where the context so admits include their respective assignees, sub-licensees and successors in title. All references to the Photographer shall mean Richard Hookway trading as Agency Service.

In cases where the Photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the Photographer’s client.

“Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material, including, but not restricted to, jpeg, tiff and gif files.

2. Service Level

Target turnaround is to return property photographs and floor plans within 24hrs after the job has been completed.

For other photographic assignments the turnaround will be agreed in advance by both parties.

 

The following changes to the floor plans will be rectified free of charge – missing rooms, incorrect measurements, incorrect positioning of fixtures and name changes. All other confirmed changes may be chargeable.

 

The client will be notified by email when quality checked photographs, virtual tours and floor plans are available for publication.

 

Change requests by the client and error correction will be dealt as a matter of priority but next day delivery might not be achievable in this case. On all floor plans rooms will be named as they are currently laid out in the property unless otherwise specified in writing by the client.

 

Agency Service draws your attention to the Property Misdescriptions Act 1991 (‘PMA’). All floor plans are drawn for illustrative purposes only.

 

Agency Service may process images (at your request) to enhance an image but this will only be performed with accordance of the PMA, unless you instruct us otherwise in writing.

 

Our Photographers always try their best to set up shots as best as they can. However, they may not be able to move heavy objects such as sofas due to health and safety regulations. If you would like heavy furniture moved, please speak to the occupiers of the property prior to our appointment.

 

Our Photographers always take extra care that properties are as tidy as possible before setting up the shot. If any one property is unreasonably untidy our Photographer will take a proof shot and in certain cases you may wish for us to go back and reshoot the property at a later date. Any such reshoot is chargeable.

You will be responsible for ensuring that the premises to be photographed or drawn for a floor plan are in a suitably presentable state and Agency Service reserves the right to not photograph a property which is unsuitable due to state of repair or cleanliness.

 

Our Photographers have the right to work in a safe environment. It is at the discretion of our Photographers as to whether or not they feel the property is within health and safety regulations. If they feel vulnerable in any way they have the right to leave the property and will immediately inform the agent.

3. Copyright

Agency Service retains copyright of all images and materials produced at all times throughout the world.

4. Ownership of Materials

Title to all Photographs or Floor plans remains the property of the Agency Service. When the Licence to Use the material has expired the Photographs must be returned to the Agency Service in good condition within 30 days.

5. Use

The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. The Licence only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, the photographer’s permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sublicensing through a photo library. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms of service.

6. Exclusivity

The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to  use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.

7. Client Confidentiality

The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.

8. Indemnity

The Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

9. Payment

Payment from the client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days Agency Service reserves the right to charge interest at a ‘daily rate’ of 8.25% for the whole amount of the outstanding debt, plus a compensation fee from the table below. This is the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made. These fees can be avoided if invoices are settled on time according to terms.

 

Size of the unpaid debt Amount paid to creditor
Up to £999.99 £40.00
£1,000 - £9,999.99 £70.00
£10,000 and above £100.00
10. Expenses

Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.

11. Rejection

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

12. Deposits, Cancellation & Postponement

Some bookings may require the payment of a deposit to secure a location and / or additional services such as a make-up artist or hire of equipment.

A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.

In the event of a cancellation or postponement, any deposit paid may only be returned in full, on condition that notice of at least 3 working days prior to the date of the confirmed date for the photo shoot, has been received and confirmed by Agency Service. A deposit may not be returned if a cancellation or postponement is made less than 3 working days prior to the commencement of the booked shoot date.

A strict Agency Service cancellation policy is essential to allow re-scheduling of staff so as to maximise staff utilisation in the field.

A cancellation fee will be charged where no deposit has been requested by Agency Service if any job (photographs and/or floor plan and/or virtual tour and/or EPC) is cancelled within 24hr of the confirmed appointment time.

The cancellation fee is £45.00 + VAT for each appointment.

13. Right to a Credit

If the box on the estimate and the licence marked “Right to a Credit” has been ticked the Photographer’s name and/or website URL agencyservice.co.uk will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box the Photographer also asserts his statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

14. Electronic Storage

Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer.   Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.

15. Applicable Law

This agreement shall be governed by the laws of England & Wales

16. Variation

These Terms of Service shall not be varied except by agreement in writing.

17. Colour Space

All images supplied on CD or via download will be delivered in the sRGB colour space unless instructed otherwise. It is the responsibility of the client to inform the photographer if a colour space other than sRGB is required.

End.

Last updated 26th September 2016

Rev.1 – 18th November 2015