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1.
Definitions
‘UST’ means: Um-Sha-Tu Photography and design itself
and/or any photographer(s)/employee(s) of Um-Sha-Tu photography
and design.
‘Photograph(s)’ and/or ‘digital image(s)’
means: Any product of the photographer(s) or of any process analogous
to photography, including but not limited to transparencies, negatives,
prints or any other type of physical or electronic material relating
thereto.
‘The package’ means: The package and/or any part thereof
as selected by the client.
‘Client’ and/or ‘customer’ means: The customer(s)
and/or brides’ pair and/or direct client(s) and/or the person
who accepts this quotation/invoice and/or hired Um-Sha-Tu photography
and design.
‘BUR’ means: “Base usage rights” namely
where the photographer(s) and/or UST is still the copyright owner,
but grants an exclusive license for the said period.
2. First ownership of copyright
UST will be the author of the photograph(s) and the owner of the
copyright subsisting therein in accordance with section 21(1) (e)
of the South African Copyright Act No. 98 of 1978. No image(s) may
be published, reproduced, or adapted without the prior written consent
of UST. Digital image(s) remains the sole property of UST.
3. Usage Rights
UST hereby grants to the client a SOLE LICENSE in respect of the
exploitation of the (photographs), as specified in the brief and/or
quotation and/or invoice and/or order confirmation.
4. Economic Rights
UST shall be entitled to an equitable remuneration for all uses
of the photograph(s) created by UST irrespective of whether UST
is the owner of the copyright therein.
5. Ownership of materials
All photograph(s) shall remain the property of UST until the packages
has been paid in FULL, thereafter BUR will apply, if applicable.
However, UST will not be liable for any act stated in clause 15
before and/or after collection. UST will also be in a position to
sell the package at any price to anyone should the client not collect
the package within thirty (30) days after the agreed event took
place.
6. Usage
No use may be made of the photograph(s) other than that specified
in “Agreement on usage (BUR)” on the front of this quotation/invoice,
unless permission is given in writing from UST. Where use is restricted
in the agreement, permission to use the photograph(s) for purposes
other than those specified will normally be granted upon payment
of a further fee, to be mutually agreed upon.
The client must obtain written permission from UST before the photograph(s)
may be used for purposes other than those specified.
7. Exclusivity
UST retains the right to use the photograph(s) in any manner at
any time and anywhere in the world for the purpose of advertising
or otherwise promoting UST’s work. Should UST grant the client
an exclusive license for use of the photograph(s) for a limited
period, UST shall be entitled to use the photograph(s) for any purposes
after the period ends.
UST shall also be entitled to use any of the photograph(s) for promoting
UST’s work only, even if the digital image(s) has been bought
from UST.
8. Deposit; Payment; Price
The packages offered by UST including the price of each such package
(“the package price”), shall vary from time to time
at UST’s absolute and sole discretion.
Within three (3) calendar days of acceptance of this quotation/invoice,
the deposit specified of the full package price is payable by the
client to UST.
These terms and conditions are taken to have been accepted by the
client upon a booking being confirmed.
Should the client not pay the deposit within three (3) days, the
provisional booking will be cancelled by UST.
The outstanding balance of the package price shall be payable upon
collection of the package. (No CHEQUES will be accepted for the
outstanding balance)
Should the client cancel and/or postpone the booking after a deposit
has been paid, the deposit will not be refunded to the client. (The
client will be held liable for the full deposit, should the client
have made use of the “deposit instalments”)
No items will be refunded should the client wish to exclude and/or
remove any items from the original package(s), after a deposit has
been paid.
After a deposit has been paid no downgrading will be accepted to
or on any package(s).
The packages offered and the package price may vary between the
date of booking and the event date, depending on, inter alia, time
elapsing between the said dates and fluctuations in the exchange
rate. The extent of the fluctuation will be at UST’s absolute
and sole discretion.
9. Expenses
Where extra expenses or time are incurred by UST 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 such extra expenses or fees at
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UST’s normal rate to UST in addition to the expenses shown
overleaf as having been agreed or estimated.
It is recommended that the client arranges and pays directly for
services and facilities such as styling, make-up, UST’s air
tickets, hotel accommodation and other travel costs. Should UST
handle such arrangements and payments, 50% mark-up will be added
to the prices charged by the suppliers of the services of facilities.
However, only 15% mark-up will be added to the cost of air tickets,
hotel accommodation and other travel costs.
Should UST be required for events outside Gauteng lasting more than
one day the client shall pay all disbursements incurred by UST (including
meals). Alternatively, UST will charge and be paid a reasonable
daily allowance or be reimbursed for disbursements upon producing
invoices.
10. Rejection
Unless a rejection fee has been agreed in advance, the client may
not reject the photograph(s) on the basis of style or composition.
11. Postponement / Cancellation
A booking is considered firm as from the date of confirmation and
accordingly UST will, at UST’s discretion; charge a fee for
postponement.
Should the client postpone a booked event, the client will be held
liable to re-book UST by following the booking procedures again,
including paying the full deposit.
In case of cancellation six (6) months or less prior to the booked
event, the client will be held liable for the full outstanding balance
within thirty (30) days from the cancellation date, before legal
action will be taken.
These terms on postponement / cancellation will not apply should
the client cancel due to Force Majeure (Acts of God), with
proof such as a death certificate.
12. Right to a credit
If the checkbox on the quotation/invoice and the licence marked
“Right to a credit” has been ticked “yes”
UST’s full name will be printed on or in reasonable proximity
to all published reproductions of the photograph(s).
13. Electronic storage
Save for purpose of production for the licensed use(s), the photograph(s)
may not be stored in any form of electronic medium without the written
permission of UST.
14. Buying of negatives/digital images
Should the client wish to have a photograph(s) and/or digital image(s)
assigned from UST to the client the price will be one hundred and
fifty rand (R150.00) per photograph/digital image.
UST has the right to change these prices at any time and to any
price, at their discretion and without prior notice to the client.
15. Liability
UST will not be held liable for any loss or damage suffered by the
client as a result of, inter alia, the following:
Force Majeure (Acts of God); Fire; Hijacking, theft and
related events; Malfunction of equipment; loss of memory card and/or
digital information etc by the development laboratory and/or UST.
UST will also not be held liable for damage caused accidentally
to anything at the location of the event/shoot.
16. Miscellaneous
Payment of the deposit, (as stated in clause 8) will ensure that
the agreed date is booked. An appointment will not be secured until
the deposit, (or part thereof) has been paid.
The full deposit will not be refunded under any circumstances for
cancellation and/or postponement of the event.
UST will not be in a position to provide quality work should the
client or any pre-arranged party be late.
UST will be the official and only photographer(s) for the event.
No other parties will be allowed to photograph during the official
shoot, with the exception of a professional videographer, whom will
be allowed with prior arrangements.
Where packages include a compact disc containing the photographic
images, UST will not keep any copies of those images at all, and
the client will be held responsible for any unauthorised use of
photograph(s)/digital images.
The client shall pay UST’s price on any prints ordered at
any time after the date of the event should the client wish to have
any extra prints made by UST.
While every care is taken to keep UST’s high printing and/or
product quality updated, prices or products are subject to change
without prior notice.
17. Applicable law
This agreement shall be governed by the laws of the Republic of
South Africa.
18. Variation
These Terms and Conditions shall govern the contractual relationship
between UST and the client, and no alteration, variation or amendment
thereof will be of any force and effect unless reduced to writing
and signed by both parties. |
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