For the purpose of this document Digital Photo Networks shall
be referred to as DPNS. The visitor to the
site or the individual (whether representing an organization
or not) who orders services shall be referred to as the "Client".
1) IN THIS AGREEMENT the term “Services”, “Picture” or “Image” includes
photography, design, digital image file or any other item which may be offered
for the purpose of reproduction. The term "Reproduction" includes any form
of publication or copying of the whole or part of any picture
or not and whether by printing, photography, slide projection (whether to an
audience or not), xerography, electronic or mechanical reproduction or storage,
or for any use as artist's reference or illustration, or in a layout or presentation.
2) NO VARIATION of the terms and conditions set out
here will be effective unless agreed in writing by both parties. In
the event of any conflict between these terms and conditions (including
those relating to the time of payment) and those issued or submitted
by the Client and in the absence of any contrary agreement in writing
these Terms and Conditions shall prevail.
3) PICTURES ARE SUPPLIED on loan and no property or
copyright in any picture passes to the Client either on submission
of the pictures or on the grant by Digital Photo Networks (DPNS) or
reproduction rights for any picture.
4) THE INVOICE lists all the services delivered to
the Client. The pictures are presumed to have been received in good
condition unless the Client notifies DPNS in writing of any discrepancy
or error within 7 days of receipt.
5) PERMISSION TO REPRODUCE a picture is granted to
the Client by DPNS only when a fee for the reproduction has been agreed
with DPNS and an invoice has been issued by DPNS and paid in full by
the Client to DPNS.
6) PERMISSION TO REPRODUCE a picture
applies only to the reproduction described in the invoice.
In the event of unauthorized reproduction, the Client shall pay by way
of liquidated damages to DPNS an unauthorized use fee of $100 or double
the standard reproduction fee for the use concerned, whichever is the
7) IF DPNS'S INVOICE is not paid
in full within 30 days of issue, DPNS may charge interest on the overdue
payment at 2.5% per month or part of a month.
8) THE RIGHT TO REPRODUCE a picture granted by DPNS
is personal to the Client and may not be assigned to any third party
without DPNS's prior written consent.
9) THE CLIENT MAY NOT ALTER or add to or manipulate
a picture by means of computer or any other technique or reproduce
a picture in whole or in part as an element within, or as a montage
with, another picture without DPNS's written permission.
10) WHILE DPNS HAS TAKEN REASONABLE care to correctly
identify, caption and orientate the pictures, it does not accept any
liability for loss or damage incurred by the Client or any third party
caused by any errors
11) UNLESS SPECIFIED IN WRITING, DPNS makes no claim
or warranty as to the existence or validity of connected therewith
model or other releases in respect of the pictures or as regards the
reproduction by the Client of any names or trade marks depicted in
the pictures. It is the Client who must satisfy himself that all necessary
rights, releases or consents required for reproduction have been obtained.
12) DPNS DOES NOT permit "self-billing" by
the Client and a license to reproduce is granted only when the full
fee has been agreed with, invoiced by, and paid to DPNS in accordance
with condition #5 above.
13) THE CLIENT WILL fully indemnify DPNS against any
unauthorized reproduction of a picture submitted to the Client made
by any third party as a result of or arising out of any breach by the
Client of any of these terms and conditions (including but not by way
of limitation the Client allowing a picture or a copy thereof to come
into the possession of a third party without DPNS's prior written consent).
14) It is understood this Digital Photo Networks/Photographer
is the exclusive official photographer retained to perform the
photographic and/or video services requested on this Contract.
15) DPNS/Photographer may substitute
another photographer to take the photographs in the event of DPNS/Photographer’s
illness or of scheduling conflicts. In the event of such substitution,
warrants that the photographer taking the photographs or video shall
be a competent professional.
16) Delivery - No part of any order,
including previews, will be delivered until the balance is paid in
17) DPNS/Photographer reserves
the right to use images and/or reproductions for advertising, display,
publication or other purposes. images and previews remain the exclusive
property of DPNS/Photographer.
18) Appointment Change/Refund Policy, the DPNS/Photographer
shall reserve the time and date agreed upon,
and will not make other
reservations for that time and date. For this reason, unless DPNS is
able to fully replace the cancelled reservation, all deposits (50%
of full service price), are non-refundable, even
if the date of the schedule appointment is changed or the schedule
appointment is cancelled for any reason.
19) If the DPNS/Photographer cannot
perform this Contract due to fire or other casualty, strike, act of
God, or other cause beyond the control of the parties, or due to Photographer’s
illness or emergency, then the Photographer shall return the deposit
to the Client but shall have no further liability with respect to the
Contract. This limitation on liability shall also apply in the event
that photographic materials are damaged in processing, lost through
camera malfunction, lost in the mail, or otherwise lost or damaged
without fault on the part of the Photographer. In the event the DPNS
/ Photographer fails to perform for any other reason, the DPNS/Photographer
shall not be liable for any amount in excess of the retail value of
the Client’s order.
20) Client is aware that color dyes in photography
may fade or discolor over time due to the inherent qualities of dyes,
and Client releases Photographer from any liability for any claims
whatsoever based upon fading or discoloration due to such inherent
21) The charges in this Contract are based on the
DPNS / Photographer’s Standard Price List.
This price list is adjusted periodically and future orders shall be
charged at the prices in effect at the time when the order is placed.
22) NOTICE OF COPYRIGHT: It is ILLEGAL to copy or
reproduce these photographs or videos elsewhere without DPNS / Photographer’s permission, and violators of this Federal
Law will be subject to its civil and criminal penalties.
This Contract incorporates the entire understanding of the parties. Any modifications
of this Contract must be in writing and signed by both parties.