Alannette Photography

Terms and Conditions of website use and any materials supplied to you

Please read these Terms and Conditions carefully before you start to use this site. By using this site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please leave the site

Accessing this site

Access to our site 

Is permitted on a temporary basis, and we reserve the right to withdraw or amend the service provided on this site without notice. We will not be liable if for any reason the site is unavailable at any time or for any period

Intellectual Property rights

We are the owners of all intellectual property rights in this site and in the material published on it or provided to you by us. Those works are protected by copyright laws and treaties around the world, notably the Copyright, Designs and Patents Act 1988 and as amended by legislation indicated in the Act.  All such rights are reserved.

You must not:

Print off, download, or share any material from this site, or provided to you by us, without first obtaining our permission in writing.

Modify the paper or digital copies of any materials you have printed off, downloaded, or been provided with in any way.

You must not use any part of the materials on this site or any of the images provided to you for commercial purposes, or exhibit any material from this website, in public without first obtaining a licence to do so from ourselves.

Our status as the Author(s) of material on this site or provided to you must always be acknowledged.

If you print off, copy, or download any part of this site or any materials provided to you by us in breach of these terms of use, your right to use this site will cease immediately and you must at our option, return or destroy any copies of materials you have made.

As owners of the copyright of the photographs we take, we reserve the right to use these for Marketing, our portfolio, either digital or printed and for promoting our business including entering images into local, national, and international competitions, unless requested not to do so by you in writing

This Site changes regularly

We aim to update the site on a regular basis and its’ content may change at any time. If the need arises, we may suspend access to the site or even close it indefinitely.

Information about you and your visits to this site

We may process information about you in accordance with our privacy policy. By using this site, you consent to such processing, and you warrant that all data provided by you is accurate

Viruses, hacking and other offences

You must not misuse this site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer of database connected to this site. You must not attack this site via a denial-of-service attack or a distributed denial of service attack.

By breaching this provision, you would be committing a criminal offence under the Computer Misuse Act 1990 and subsequent legislation. We will report any such breach to the relevant law enforcement Authorities, and we will cooperate with the authorities by disclosing your identity to them. In the event of such a breach your right to use this site will cease with immediate effect.

We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment or system due to your use of this site or to you downloading any materials posted on it, or on any website linked to it

Links from this site

Where this site includes links to other sites and resources provided by third parties these are provided for your information purposes only. We have no control over the contents of those sites and resources. We therefore do not accept any responsibility for them or for any loss or damage that may arise from your use of them. When accessing any site via this website, we advise that you should check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

Please note we control our Flickr, Twitter, Instagram, Linked-in and Facebook pages whose content is also covered by these terms and conditions.

Restricted Access

Access to certain areas of this website may be restricted. We reserve the right to restrict access to part or the whole of the website at our discretion.

If we provide you with a user ID and or Password to enable you to access restricted areas of the website or other content or services, you must ensure that you keep the ID and Password confidential

You must advise us immediately if you become aware of any unauthorised use of your account or password.

You are responsible for any activity on this website arising from your failure to keep the ID and Password confidential and may be held responsible for any subsequent losses that may arise from this failure.

You must not use any other person’s ID and password to access this website, unless you have that person’s permission and our permission to do so.

We may disable your ID and Password at any time at our discretion with or without any notice or explanation.

Jurisdiction and applicable law.

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to this site.

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non- contractual disputes or claims) will be governed by and construed in accordance with the Laws of England and Wales

Variations

We may revise these terms and conditions of use at any time by amending this page. You are expected to check this page from time to time to take note of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms of Use may be superseded by provisions or notices published elsewhere on the site. Variations may be needed should any changes occur to the Laws of England and Wales, for example if there was a change to the law relating to copyright

Your Concerns

If you have any concerns regarding material which appears on this site, please contact us by email

Our contact details:

Our names are Alan Knight & Annette Turner,

The company is Alannette Photography

Our base is in Berkeley, Gloucestershire, UK

You can contact us by email: contact@alannette.com

Many thanks for visiting our site

The Legal Stuff:

1     DEFINITIONS.

(a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees, and successor in title. 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 Client” shall be interpreted as references to the Photographer’s Client.

(b) For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or Alan Knight and /or Annette Turner, T/a Alannette Photography.  And shall where the context so admits include their respective assignees, sub-licensees, and successor in title.

(c) “Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files, or any other type of physical or electronic material in existence now or yet to be developed.

(d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.

(e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.

(f) Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.

(g) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.

(h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.

2   Copyright

(a) The Photographers always retain the entire copyright in the Photographs and Works, throughout the World and (b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.

3    OWNERSHIP OF MATERIALS.

(a) Title to all Photographs remains the property of the Photographers.

(b) When the License to Use has expired the Photographs must be returned to the Photographers in good condition within 30 days and any archived digital files destroyed.

(c) Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.

4    USE.

(a) The License to Use comes into effect from the date of payment of the relevant invoice(s).

(b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.

(c) Any permission that 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.

(d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made.

(e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied.

(f) 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 or an administration is appointed, any licence granted shall immediately cease.

5    EXCLUSIVITY.

Unless agreed to in writing on the License to Use,

(a) no exclusivity is given or implied to The Agency and/or The Client.

(b) We as the Photographers retain the right in all cases to use or sell the Photographs. (c) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.

6    CLIENT CONFIDENTIALITY.

(a) The Photographer will keep confidential and will not disclose to any third parties or make use of 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.

7    INDEMNITY.

(a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained.

(b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or Works of art depicted in any picture.

(c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot.

(d) In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims, and legal costs arising out of any failure to obtain such clearances.

(e) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, Alan Knight and/or Annette Turner T/a Alannette Photography, their employees, or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.

8    PAYMENT.

(a) Payment by the Client will be strictly within 30 days of the issue of the relevant invoice for the commissioned work.

(b) Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £15.50 plus VAT each and all other costs for the recovery of debts including bank charges.

(c) A further charge of 5% over the Bank rate from time to time is added to the invoice on the first day following that when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced.

(d) Where a Client is a company and whether that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.

9    EXPENSES.

(a) Where extra expenses or times are incurred by the Photographer because of alterations to the original brief by the Client, or otherwise. The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.

10   REJECTION.

(a) Unless a rejection fee has been agreed in advance, there is no right to reject based on style or composition.

11   CANCELLATION & POSTPONEMENT.

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

12   RIGHT TO A CREDIT.

(a) The Licence to Use requires that the Photographer’s name, Alannette Photography will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his/her statutory and moral 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.

13  SUPPLY TO THIRD PARTIES.

(a) The licence only applies to the Client and product stated on the Licence to Use.

14   ELECTRONIC STORAGE.

(a) Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of the Photographer.

(b) Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer.

(c) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.

15   APPLICABLE LAW.

(a) This agreement shall be governed by the Laws of England & Wales.

16   VARIATION.

(a) These Terms and Conditions shall not be varied except by agreement in writing.