1. For the purpose of this agreement, the terms-
A) Image(s) means a photograph, transparency, scanned photograph or digital photograph
which may be furnished for the intention of reproduction.
B) Client means the person or organisation to be furnished with the image(s) for
the intention of reproduction
C) Reproduction means all forms of copying and using of an image(s) whether whole
or in part, altered, projected, painted, stored or captured in any other way.
2. Copyright and credit rights
A) The entire copyright in the images is retained by Lliam Rooney at all times throughout
the world.
B) The client must at all times credit Lliam Rooney as the author to each and every
image used in reproduction. Please credit each image, as an example as; Orchid ©Lliam
Rooney. In the case of website use please display whenever possible this link www.allbotanical.co.uk
on the page where the image appears. If this is not possible (on a home page for
example) then elsewhere on the site is acceptable.
C) In the case of copyright notice and credit omission by the client a surcharge
of 30% of the original license fee shall be payable, unless already agreed in writing
prior to any form of reproduction.
D) The client is obliged to send a complementary copy of any publication to Lliam
Rooney in which the image(s) for reproduction is used. In the case of website use
please send a link to the webpage so as to ascertain usage.
3. Reproduction rights and image use
A) The rights of reproduction of any image(s) loaned to the client only come into
effect from the date of any payment received regarding the relevant invoice(s) and
are limited to the time and use as specified on the relevant invoice(s).
B) The receiving of an image(s) is not an automatic right of image reproduction.
All payments must be made within thirty days of the issued invoice(s) to be granted
reproduction rights. Reproduction rights prior to payment of a relevant invoice(s)
are only allowed under express permission from Lliam Rooney.
C) Any permission given by Lliam Rooney for reproduction rights for prior use will
be revoked if the client fails to make a full payment by the due date issued on
the relevant invoice(s) or if the client is put into receivership or liquidation.
D) Permission for reproduction rights of the image(s) after the period of time specified
on the relevant invoice(s) or for the reproduction rights other than specified on
the relevant invoice(s) is normally granted if an agreement between the client and
Lliam Rooney has been reached and payment in full has been paid prior to further
use. All further licenses granted for reproduction in regard to the image(s) are
subject to these Terms and Conditions. Reproduction of an image(s) before payment
is only allowed under express permission from Lliam Rooney and is subject to section
(C) above.
E) Reproduction rights belong solely to the client as stated on the invoice(s) and
may not be extended to the use of a third party without the written permission of
Lliam Rooney. If permission is granted then it is the responsibility of the client
to make sure that the third party is in agreement and bound by these Terms and Conditions,
that the image(s) is credited to Lliam Rooney and that other than for personal use
the image(s) will not be copied, lent out, rented, resold or assigned in any way.
F) The right to refuse to grant reproduction rights to a third party when asked
by the client is reserved by Lliam Rooney.
G) No alterations or manipulation must be made in part or in whole to the image(s)
by the client or any third party unless the client has first received written permission
by Lliam Rooney.
H) In the case of digital images including scanned transparencies, no image(s) must
be stored, created or transmitted without written permission of Lliam Rooney except
for the purpose of reproduction of the licensed use. If permission is granted then
the client must make sure each digital image retains its image code, copyright and
credit. Once the return date is reached the client must make sure all copies of
the digital image are destroyed or deleted.
4. Exclusivity
All images supplied to the client by Lliam Rooney are rights non-exclusive. Within
the time, use and territory the client has the image(s) Lliam Rooney shall not license
the same image(s) to another client. For the purpose of self promotion and advertising
Lliam Rooney retains the right to use the image(s) at any time and in any part of
the world.
5. Supply of images
A) All images sent to the client, whether on disc or the original transparencies
will be sent by recorded delivery and the price for delivery and packaging shall
be stated on the invoice(s) and payable by the client. In the case of sent discs
responsibility belongs to the client from the moment they are received. If a disc
is lost or damaged whilst in the clients’ possession or that of a third party and
the client makes a request for a replacement then a £10 payment for each disc along
with delivery costs will be invoiced to the client. Once the return date as stipulated
on the invoice(s) is reached then it is the responsibility of the client to destroy
the disc(s) at their own discretion.
B) In the case of original transparencies, responsibility for these belongs to the
client from the moment they are received and shall remain so until their safe return.
Lliam Rooney must immediately be informed in writing by the client of any loss,
damage or misuse to the transparencies or their mounts whilst in the clients’ possession
or that of any third party.
C) If any transparencies are not returned within 30 days of the return date as stipulated
on the invoice(s) then these transparencies maybe considered lost. In the case of
lost or damaged transparencies the client shall be liable to pay Lliam Rooney compensation
for each image lost or damaged. Payment of compensation however is not entitlement
to any rights in any image.
D) The client is advised to contact Lliam Rooney for compensation levels for each
individual image and to take out insurance cover for the total value of all the
images delivered.
E) The client must make sure that the transparencies are returned to Lliam Rooney
by an adequately secure and safe way. Proof of delivery must be given as well as
a delivery note sent by email stating which image(s) have been returned.
6. Payments
A) Payment must be made in full within 30 days of the issuing of the invoice, unless
otherwise agreed by Lliam Rooney and the client. If any payment owed by the client
becomes overdue then Lliam Rooney reserves his statutory rights to interest under
the Late Payment of Commercial Debt (Interest) Act 1998.
B) Payments should be made by cheque payable to “Lliam Rooney”. The clients name
should be written on the back of the cheque and proof of delivery should be taken
as an advisory precaution.
7. Applicable Law and Variation
A) This agreement shall be governed by English Law and the parties agree to submit
to the exclusive direction of the English courts.
B) These Term and Conditions shall not be varied in any way unless agreed in writing
by both parties.