Payment. If the Client refuses delivery of the order or refuses to pay within thirty (30) days of this order, Client shall default here under and shall pay 20% p.a
interest on the unpaid balance until payment is made in full. Delivery of the prints/electronic images to the client to be made once payment is received by the photographer in full.
The payment or balance of payment plus any additions thereto from the Client shall be due and payable no later than 30 days after the date of submission of the final invoice by the
Photographer following the completion of the assignment. Queries, if any. on an Invoice must be raised within 10 calendar days from receipt of invoice. Thereafter, no further queries
will be entertained and the invoice will be deemed accepted.
Economic rights. The photographer shall be entitled to an equitable remuneration for all uses of the work’s created by him irrespective of whether he or another is the owner
of the copyright This right of the photographer is based on the principles of natural law and on international instruments binding the Republic of South Africa such as, but not limited
to, the International Covenant on Economic, Cultural and Social Rights, the TRIPS Agreement and the Berne Convention.
Copyright and Reproductions. The photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. In accordance with
section 21(1)(e) of the South African copyright Act no 98 of 1978 as amended, the provisions of sections 21(1)(c) shall not apply to the work(s) to be made in terms hereof and the
photographer will be the author of the work(s) and the owner of the copyright subsisting therein.
Client's Usage. The Client is obtaining the images to be used as outlined in the quote/estimation/invoice
Unpaid debt. The photographer shall, in respect of all unpaid debts due by the client, have a general lien on all goods and property in his possession and shall be entitled,
on the expiration of 14 days notice delivered by registered mail to the Client, to dispose of such goods as he thinks fit and to apply the proceeds towards such debts.
The debtor will be responsible for the payment of all legal costs and collection charges on Attorney/Client scale, for outstanding debts handed over for collection.
Briefs The Brief shall become binding upon the Client and the Photographer upon acceptance of the estimate. Any amendment to the Brief shall be submitted to the Photographer
in writing. On acceptance, all Terms of a Photographer's estimate shall be legally binding. Where specific details are missing in the briefing, the Client undertakes to accept the
Photographer's interpretation of the Brief, and shall have no claim against the Photographer in respect thereof. In addition, the Photographer will charge for elements not covered in
the brief and estimate, such as rush services, where these have been reasonably incurred in the execution of the assignment and whether specified or not.
Estimates The estimate shall be based upon the Brief. It is understood that an estimate can only be made on the information given by the Client at the time and for the purposes
stated in the estimate. Any subsequent alteration of the Brief renders the estimate liable to cost variations. The Photographer will include in the estimate only those items or personnel
that are specifically requested by the Client. Where the Client is paying directly for items or personnel, the Photographer may supply a separate estimate indication for these, but shall
assume no liability.
The Assignment The Client is responsible for having a representative present at all times when the assignment is being executed, to approve style and content at time of execution.
Where no representative is present, the Client shall accept all decisions of the Photographer in relation to the execution of the brief.
The Order The confirming Purchase Order from the Client shall be delivered / faxed to the Photographer prior to the commencement of the assignment. Where the assignment proceeds
without a confirming Order being issued, any contractual Terms of the Photographer's estimate will be deemed accepted.
Usages and Re-use STANDARD BASE PERIOD: The Client shall be entitled to use of the photographic work for the purposes as set out in writing in the estimate/invoice/quotation.
Any use of the photographic work for any additional periods and purposes not submitted to or approved by the Photographer shall be subject to payment by the Client. The License to Use comes
into effect from the date of full payment of the relevant invoice (s). Permission to use the photographs for purposes additional to that negotiated in the original estimate will be granted
on payment of a negotiated fee.
Postponements & Cancellations The Photographer will charge for cancellation or postponement, due to time and financial losses and expenses incurred.
Re-shoots & Specific Rejection. The precise grounds for specific rejection are:
Unacceptable quality of transparency or print or electronic medium.
Technical Failure to produce details or effect specified and agreed.
In cases of technical failure, provided that written request for the re-shoot has been received by the Photographer or his representative, within 24 hours of the delivery of the
assignment, 1) Where the Photographer is directly responsible for work that is technically unacceptable, no fee is due to the Photographer unless he/she offers to re-shoot or put right the
defect. 2) The Photographer is liable for the costs of the re-shoot up to the level contracted in the Photographer's estimate, and its contingency sum. 3) "the Client accepts the offer of
the re-shoot (which should not be unreasonably refused), the Client shall not be liable to pay an additional fee or expenses if they exceed the original estimate and contingency sum.
Electronic Imaging, Manipulation and Storage Electronic manipulation and storage of images may only take place for the purpose of the original Brief and Estimate. No other use
of the images, or portions thereof, is permitted outside of the context of the initial assignment, its related briefs and estimate, and for which the Photographer has been paid.
Indemnity The Client indemnifies the Photographer against all or any claims of any nature or description, civil or criminal, which may be brought or instituted against the
Photographer by any third party or authority, arising during the course of the assignment and related in any way thereto, or alleged to arise from or relate to the subject matter of any
photograph(s) or sensitized material taken or processed or otherwise dealt with by the Photographer at the instance or request of the Client.
Force Majeure, Acts of God Delivery estimates are made by the Photographer in good faith, but in the event of an Act of God or circumstances beyond the reasonable control of the
Photographer, the Client shall have no claim for damages consequential or otherwise against the Photographer because of late or non delivery of the material. Whilst every effort shall
be made by the Photographer to carry out the terms of the contract, he shall not be liable for any loss or damage sustained by virtue of the non-fulfillment thereof as a result of inability
to secure labor, materials or supplies, or as a result of any war, act of God, strike, lock-out, or the like, or through any other cause beyond the Photographers control.
Miscellaneous. This Agreement incorporates the entire understanding between the parties. Any modifications to this Agreement must be in writing and signed by both parties. Any waiver
of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
