DOCUMENT CURRENT AS OF 1st JULY 2012.
DOCUMENT VERSION 1.0 DEFINITION'S
"Us" or "we" or "our" means Status Images and/or Mike Newell (ABN 93 342 745 392).
"Images" or "photographs" means all photographic material supplied by Status Images whether physical prints or in electronic format.
"You" or "client" means the Agency, Agent, Vendor.
Our images may NOT be on-sold, leased, or given to 3rd party commercial entities eg; RPDATA, etc without our written permission.
The Client agrees that Status Images is the sole author of the photographs.
Australia is a party to international treaties dealing with copyright protection, so our copyright protection continues to exist in most countries of the world.
Status Images retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting our work. After the exclusivity period indicated in the 'License' ends, the Photographer shall be entitled to use the Photographs for any purposes.
Upon full settlement of our invoice(s) you will be granted a limited use license which entitles you to use the images for the purpose for which they were originally commissioned for a period of 1 year with the original marketing campaign and or Agent/Agency. Upon termination of the original marketing campaign the exclusivity period is deemed void
Homeowners are however free to use images as a memento in their own homes but not for further marketing, promotion, editorial or internet use unless a fee of 75% of the original commission is paid to Status Images for further marketing campaigns. Further campaigns are subject to the same criteria.
Any request for publication/sub-licensing of photographs (via print or internet or any other medium) taken by Status Images, which is outside the specified agreement, must be made in writing to Status Images, for our consideration.
No alteration or manipulation of the image may be made without the permission of Status Images.
License is automatically revoked if the client is placed into receivership or liquidation. Any breach of license or contract will be vigorously pursued by Status Images.
It is up the Agency/Agent to ensure the tidiness of the commissioned assignment and to ensure the vendor/client's property is ready for photographing and that the property is presented to its full potential.
Status Images accepts no responsibility for the tidying, cleaning or dust and dirt on any surface of the assignment. This is entirely up to you.
It is up the Agency/Agent to ensure the vendor/client is aware of all of Status Images terms and conditions. Status Images accepts no responsibility for clients awareness of terms and conditions.
Some of the photographs may have been manipulated at the owners/agents request, so please check on the appropriate laws relating to the publication of these photographs.
The party which has ordered these photographs agrees to assume all legal liabilities relating to the publication of these photographs.
Terms and conditions are embedded in each photo. Please also be aware that some photos may have invisible watermarking embedded as well. This watermarking can withstand cropping,resizing and repurposing. It is impossible to detect the watermark without a key. Watermarking may be detected using web trawling automated spiders.
Payment by the client will be required within 14 calendar days from the date of invoice(s). Late payment fees may become applicable to recover administration costs.
CANCELLATION AND POSTPONEMENT
A call out fee of $50.00 will be charged if photos are unable to be taken once the photographer is on site due to, a) The property is not ready to be photographed and has to be rescheduled, b) The vendor/agent/client fails to meet photographer at the property at the designated time. c) If keys were arranged to be left somewhere and they are not, causing cancellation or postponement. d) If you cancel the Services after 4pm on the day before your appointment.
Status Images shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the photographs or other use by the client.
The client shall indemnify Status Images against any claims and/or damages against him as a result of the clients use of the photographs.
Where a layout of the property contains complex or unusual features, or is larger than expected, we may at our absolute discretion charge additional fees. Any additional fee will be advised to you prior to us undertaking the services.
The Client accepts full responsibility for any materials that they supply for use in the images and that the materials are adequately insured against loss, damage or liability.
The area Status Images will travel at no extra cost is Gordonvale to Palm Cove and anywhere in between. This does not include travel up the ranges, eg Kuranda, Atherton etc.
A travel/fuel fee must be mutually agreed upon prior to commencement of the commissioned job.
If the client is not present during the actual photography sessions or does not express their photography requirements (photo angles, loctaions etc) then Status Images interpretation of the assignment will be accepted. Unless a rejection fee is agreed in advance then there is no right of rejection. Any subsequent re-visits are subject to a $60 re-visit fee.
All images must be inspected and any defects reported to us within 5 working days after the images were supplied. We will take no responsibility for any defects after this time frame.
You will allow Status Images 2 working days to remedy any defects or problem once we are notified in writing of the defect.
Status Images treats and respects any information you provide as strictly confidential. We do not sell, loan, trade or otherwise transfer any information collected by us from you to any third party.
We reserve the right to amend this terms and conditions without notice. It is the sole responsibility of the customer to check the latest version of this document.