TERMS AND CONDITIONS OF REAL ESTATE PHOTOGRAPHY, COMMISSIONED IMAGES AND REPRODUCTION OF IMAGES FROM IPH CREATIVE STUDIOS
1. Terms and Definitions:
(a) picture includes a photograph, images, transparency, negative, digital scan, design, floorplan, video artwork or any other item which may be offered for the purposes of reproduction;
(b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;
(c) the Photographer/Videographer. is the Author of the photograph.
(d) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
(e) iPH Creative Studios administers the licensing of the works of the Photographer/Videographer.
(f) These terms and conditions represent the entirety of the agreement between iPH Creative Studios and the Client. Any variation is only applicable when agreed in advance and in writing.
2. Copyright and Ownership of Materials:
(a) The entire copyright in the pictures is retained by the Photographer, at all times throughout the world and is administered by iPH Creative Studios;
(b) Title to all photographs remains the property of the iPH Creative Studios;
(c) The Photographer, as administered by iPH Creative Studios, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on iPH Creative Studios’ grant of reproduction rights in respect thereof;
(d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by iPH Creative Studios any fee payable by the Client shall be subject by iPH Creative Studios.
3. Use and Reproduction:
(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received by iPH Creative Studios;
(b) Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;
(c) Reproduction rights granted are personal to the Client/Agency and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights;
(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;
(e) iPH Creative Studios reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client; however the client has a royalty free license to use the imagery internationally and in Australia for promotional purposes
4. Definitions of Reproduction Rights:
The following terms are used when describing the reproduction rights granted by iPH Creative Studios and the Photographer to the Client:
(a) Internal Use only: The right to use the pictures only within a company for real estate advertising purposes; publication on real estate portals; magazine/print publications; editorial use in the Client’s intranet site; real estate signboards; direct advertising in conjunction with the sale or leasing of a property.
(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;
(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice (stock images);
(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
5. Booking and Cancellation:
(a) The Client will be required to complete the iPH online sign up & booking Form, on receipt of the booking form, iPH Creative Studios will send an email as confirmation. The booking will then be considered confirmed. A phone call will be placed if the time selected for your booking is not suitable and an alternative booking time offered.
(b) It is at the responsibility of the agent/owner to advise its own clients of appropriate appointment times and to organise the appropriate entry notices to tenants.
(c) Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, iPH Creative Studios will not accept any other work from other clients for those times and dates;
(d) As a result, once a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels a confirmed real estate booking with less than 24 hours of any confirmed date (unless due to weather), an administration fee of $20.00 will be charged; (ii) When a client cancels non real estate photography within less than 10 days business of any confirmed date, a fee of 20% of the booked time rate will be charged. (iii) In addition to this cancellation fee, the client will be charged for any expenses already incurred by iPH Creative Studios.
6. Payment Terms:
(a) Our payment terms are strictly net 7 days unless agreed in advance and in writing;
(b) If payment is not made in accordance with (a) above, then iPH Creative Studios may rescind any Agreement and recover damages.
(c) The Client’s right to reproduce a picture arises only when iPH Creative Studios’ invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling iPH Creative Studios to rescind the Agreement and rendering the Client liable for the payment of damages;
(a) iPH Creative Studios will edit every take and deliver what it considers to be the best of every situation covered;
(b) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
(c) iPH Creative Studios believes in its quality and will offer a reshoot at no charge to you the client if you are unhappy with the final edits.
8. Liability and Indemnity:
(a) While iPH Creative Studios takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client by any third party arising from use or reproduction of any picture or its caption;
(b) The Client agrees to indemnify iPH Creative Studios in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by iPH Creative Studios;
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that iPH Creative Studios gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify iPH Creative Studios against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
9. Applicable Law:
(a) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
(b) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.
10. Client Confidentiality:
The Photographer and iPH Creative Studios will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer or iPH Creative Studios to carry out their obligations in relation to the commission.
11. Making Payment
Our terms are strictly up front at the time of booking unless agreed in advance and in writing by the way of account set up.
Payment by our preferred payment gateway is available at the time of placing the order/booking. We also accept payment by direct credit into the nominated account as directed on our invoice & also via credit card payment over the phone.
(a) iPH Creative Studios photographers will carry out a basic minimal style on a room ( moving unsightly items, etc) Styling can be organised at an additional charge to the client.
(b) All images will be supplied to the client within 1 business day unless otherwise agreed upon between iPH Creative Studios and the client. All video & floorplans will be supplied within 3 business days.
(c) All images will be available in the clients download centre for 3 months and then the file will be archived, if you wish to access the archive file this will incur a $30 admin fee.
(d) By signing up via our online centre you have read and agreed to the conditions set out above.