Terms and Conditions

 

CLIENTS’ TERMS & CONDITIONS

Terms and Conditions of Use and Reproduction of Images

 In this Agreement the following terms apply:

  • Agreement – refers to the whole agreement below including all Terms & Conditions.
  • VMP – Virtual Motorpix
  • Client – refers to the corporate body, company, individual or publisher who is legally empowered to negotiate the reproduction rights and fees to reproduce an image(s) on behalf of his/her employer, corporate body, company or publisher.
  • Image – refers to any image supplied by VMP as a hard copy print or transparency or in digital format either by email or downloaded directly from our website, or by CD/DVD through the post.
  • Reproduction – refers to the publication or copying of the said image(s) in any way.

 

1) No property or copyright in any image shall pass to the Client for an image(s) supplied by VMP, whether through submission of such image(s) or by VMP’s granting of reproduction rights in respect thereof. Reproduction will be deemed to imply acceptance of our rates and our Terms and Conditions. Clients who proceed to reproduction without agreeing to our rates must expect to pay our current rates in full, and our decision as to reproduction rates and fees is final and not open to negotiation.

 

2) When Reproduction Rights are granted, these Rights are strictly limited to the use, period of time and territory as specified on the VMP invoice and, unless otherwise agreed in writing, relate to a single publication of such image(s) in a single size with text (if any) in one language only.

 

3) Reproduction Rights granted are personal to the Client and may not be assigned, licensed or transferred in any way or manner whatsoever, nor may any image(s) submitted to the Client be loaned or transferred to third parties.

 

4) Only once the reproduction fee has been agreed between VMP and the Client and the Terms and Conditions of the agreement have been accepted by the Client, is there a firm and binding contract whereby VMP is committed to grant reproduction rights and the Client to purchase them. At this point an invoice for the agreed amount will be raised by VMP after which the right of the Client to reproduce an image will be validated and the Client will become liable for the full amount owing. The payment terms are strictly 15 days net from date of invoice unless otherwise agreed, and failure to meet this requirement shall amount to a breach of the terms of the Agreement and VMP would then be entitled to immediately demand any outstanding amounts which could involve legal action, the full costs of which would be for the account of the Client. Payment for commissioned work including the photographer’s fees and charges for such work is due immediately on completion of the work.

 

5) All images supplied by VMP must be deleted from the Client’s computer or storage system(s) after the job for which they were obtained, has been completed. Upon reasonable request by VMP, the Client will provide any information that confirms the removal of images from their computer storage system(s), and that the Client has employed sufficiently robust security systems to prevent the unauthorized access to the Client’s storage system(s) by third parties.

 

6) The Client agrees to indemnify VMP in respect of any claims or damages or any loss or costs arising in any manner from the reproduction without proper rights or permission of any image(s) supplied to the Client by VMP.

 

7) No addition to, deletion from, alteration or adaptation of an image may occur without written permission from VMP.

 

8) Whilst VMP takes all reasonable care in the performance of this Agreement, VMP shall not be liable for any loss or damage suffered by the Client, or by any third party, arising from the use or reproduction of an image or its caption or in any way from its reproduction.

 

9) VMP gives no right or warranties with regard to the use of names, trademarks, copyright designs or works of art depicted in any image. The Client must satisfy himself that all necessary rights or consents that may be required for reproduction have been obtained.

 

10) All images reproduced in books, periodicals, annuals or any other such publications, advertising excepted, must be credited to VMP/MANUFACTURER in the case of a specific manufacturer’s press photo, or VMP/PHOTOGRAPHER where the originating copyright rests with one of our contracted photographers, and this wording must appear together with the copyright symbol ©. The Author has asserted his right to a credit in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

 

11) The Client shall indemnify VMP against any loss suffered by VMP arising from any unlawful reproduction of an image(s) by the Client, or by a third party, with or without their knowledge or permission.

 

12) We reserve the right to charge a research fee for larger quantities of prints, transparencies or digital images where these images are not stored on our servers, whether or not these are eventually used or not; the minimum charge for such research is £25.

 

13) In the case of printed publications, two copies of the publication or the relevant pages containing any image(s) supplied are to be forwarded to VMP by the Client free of charge within two weeks of the publication date. In the event that an image(s) is used in a book, a copy of the book is to be supplied to VMP. If an image(s) is used in other media, for instance the electronic media, evidence of use must be provided by way of a link to a website or some other suitable form.

 

14) Payment must be made in GBP (Pound Sterling) either by cheque or directly into the VMP bank account, the details of which appears on our invoices. All prices quoted or agreed are exclusive of VAT.