Please note we have a separate privacy statement regarding our gallery and photo sales, available at the end of the terms and conditions.
If you are not sure about how any aspects of these terms affect our working for you, please just ask. We want to make it as easy as possible for you to get the images you want for the purposes you need. Particular note is drawn to section 2 covering copyright issues.
photography by Haf is a trading name of Hafeez Saeed.
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TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES FROM PHOTOGRAPHY BY HAF.
1. In this Agreement the terms
(a) picture includes a photograph, 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 organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
(d) photography by Haf (PBH) is a trading name of Hafeez Saeed.
2.
(a) All images are copyrighted © Hafeez Saeed, the photographer, trading and identified from this point as PBH. It is illegal and unlawful to download, copy, scan, print, publish to the internet or reproduce in any manner or medium without written permission. If you purchase any digital files, you will receive a written release. Violators of copyright laws will be prosecuted.
(b) PBH 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 PBH' grant of reproduction rights in respect thereof.
(c) Hafeez Saee asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
(d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by PBH any fee payable by the Client shall be subject to an increase specified by PBH, and in any event an increase of not less than 25%
3.
(a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on PBH’ invoice. An agreement must be reached with PBH before the pictures are used for a different purpose or after the licence to use has expired.
(b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(c) 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
(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(e) PBH reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
4.
The following terms are used when describing the reproduction rights granted by PBH 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 as described in 4(a); plus 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 within one print edition of the specified title in an editorial context only.
5.
(a) Risk in and responsibility for any original transparencies or prints passes to the Client from the time they are received until their safe return. The Client shall immediately inform PBH in writing of any loss or misuse of, or damage to the pictures while in the Client's possession or that of any third party. If a picture is not returned within four weeks of the date for return then PBH may in its sole discretion presume it to be lost.
(b) The Client shall be liable to pay compensation to PBH in respect of each picture lost or damaged. Payment of compensation does not give rise to any rights in any picture. Compensation levels for the pictures are available from PBH upon request. These levels are a genuine pre-estimate of the loss which would be suffered if such a picture were to be lost or damaged. the Client is urged to request these figures and to take out insurance cover to cover the total value of the pictures delivered.
6.
(a) Once the Client has made a booking for a specific time and date, PBH will not accept any other work from other clients for those times and dates.
(b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one weeks of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by PBH.
7.
(a) Until PBH has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby PBH is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights PBH may in its discretion cancel subject to the Client paying a cancellation fee.
(b) The Client's right to reproduce a picture arises only when PBH’ invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling PBH to rescind the Agreement and rendering the Client liable for the payment of damages.
(d) If payment is not made in accordance with (a) above then PBH may rescind this Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that PBH may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
(f) A fee of £17 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
(h) PBH reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of pictures, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
8.
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, PBH 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.
9.
(a) PBH will edit every take and deliver what it considers to be the best of every situation covered. As a result, contact sheets (or their digital equivalent) will only be supplied to the client in exceptional circumstances.
(b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of PBH.
(c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
10.
In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to PBH free of charge within two weeks. In other media, evidence of use must be made available if requested.
11.
(a) While PBH 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 PBH 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 PBH.
(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 PBH 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 issued or reproduced by or with the authority of the Client then the Client shall indemnify PBH against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
12.
(a) 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.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
PAYMENT
Payment should normally be made by crossed cheque made payable to "photography by Haf". BACS details can be supplied upon request. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.
Our terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.
Privacy Information
PBH is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
PBH may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
This policy last updated and is effective from May 4, 2011.
What we collect
We may collect the following information:
Name
Contact information including email address
Demographic information such as post code, preferences and interests
Other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping
We may use the information to improve our products and services.
We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided if you have opted in to such a service.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by the means you have consented to.
We may use the information to customise the website according to your interests.
For surveys and newsletters we will only contact people who have indicated that they are happy to receive information from us.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect on-line.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the web site.
Links to other web sites
Our web site may contain links to enable you to visit other web sites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
Only if you subscribe to the PBH Mailing List, or if you are a registered customer of PBH will we make use of any personal information you have provided us with. You can unsubscribe from our mailing lists by selecting the unsubscribe link on any Mailing List emails we send to you, or you can contact us at any time requesting to be removed from our Mailing List.
We will not sell, distribute or lease your personal information to third parties unless we are compelled to do so by law.
You may request details of personal information which we hold about you under the UK Data Protection Act 1998. A £10.00 fee will be payable. If you would like a copy of the information held on you please write to Customer Services, Photography by Haf, address.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at address below. We will promptly correct any information found to be incorrect.
Please call us today for an informal chat to discuss your needs, and how we can help .