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"The Client" means the individual or company identified in the Licence to Use. "The Company" means BBP (Bernard Bleach Photography. 63, Ashleigh Road, Horsham, West Sussex. RH12 2LE.) and shall where nescessary include all their respective assignees, sub- licensees and successors in title. "The Quotation or Estimate" means the Company's pro-forma document identifying charges and fees to be paid by the Client; "Photographer" means the individual who created the Photographs and who is the owner of the copyright in the Photographs; "Photographs" means all photographic material supplied by the Company, whether comprising digital files, prints or any other type of physical and electronic material. "Licence to Use" means the Company's pro-forma licence.1. DEFINITION; For the purpose of this Agreement.
2. COPYRIGHT; The copyright in the Photographs is retained by the Photographer at all times throughout the world. This can only be varied by the written agreement by the Photographer. Acceptance of an Official Purchase Order declaring assignment is not evidence of assignation of copyright by the Photographer. The Photographer will licence the Photographs to the Client in accordance with this agreement.
3. PAYMENT; Payment by the Client will be made for the commissioned work within Thirty (30) days of the issue of the relevant invoice(s) save in relation to any advance identified in the Commission Quotation or Estimate which is required in cleared funds prior the commencement of any work by the Company or the Photographer. In the event of a cancellation notice of the commission of less than 3 working days prior to the commencement of the works by the Photographer a fee of 25% of the Commission Quotation or Estimate shall be become payable immediately. Interest on late payments will be charged at the discretion of the Company at the rate of 2% per month or part thereof on all outstanding balances or (at its discretion) under the Commercial Debts Late Payment Regulations.
4. EXPENSES; Where extra expenses of time are incurred by the Company as a result of alterations to the original brief by the Client or otherwise at their request the Client shall give approval to and be liable to pay for such extra expenses or fees at the Company's normal rate in addition to the expenses already agreed or estimated. Any other relavant expenses incurred by The Company to carry out a commissioned job will be charged to the client at cost at teh discretion of The Company.
5. REJECTION; Unless a rejection fee has been agreed in advance there is no right to reject on the basis of style or composition.
6. CANCELLATION AND POSTPONEMENT; A booking is considered made as from the time of agreeing a shoot date(s) via email or post as written purchase order or verbal communication and confirmation of the Commission Quotation or Estimate by the Client and accordingly the Company will at its discretion charge a fee for cancellation or postponement.
7. ARCHIVING; The Company does not undertake to archive or store electronic images for any period longer than 6 months from the date of origination unless specific arrangements have been agreed for which a charge may be made. Retreaval of images from archives are subject to a fee.