1. Terms and Definitions:
(a) images includes a photograph, videos, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving 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 Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
(d) Prodoto Commercial Photographic Studios Limited administers the licensing of any image and is a company registered in England;
(e) These terms and conditions represent the entirety of the agreement between Prodoto Commercial Photographic 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 of any image is retained by Prodoto Commercial Photographic Studios at all times throughout the world;
(b) Title to all images remains the property of Prodoto Commercial Photographic Studios Limited;
(c) Images will be licensed for use for a period of 12 months. Prodoto Commercial Photographic Studios reserve the right to make an additional charge for continued use after this period;
(d) Final images are stored for a period of 18 calendar months from date of delivery. Following this period Prodoto Commercial Photographic Studios reserve the right to delete all image files permanently.
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. Prodoto Commercial Photographic Studios reserve the right to make a charge of 50% of the original invoice (excluding expenses) when images are used before full payment has been received;
(b) Permission 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) Unless otherwise agreed all completed images will be made available via the Prodoto Client Login server. It should be noted that the Client Login server is there to provide access to images once a job has been completed. It is not an image library and client images will be removed from the server after a calendar month.
4. Booking and Cancellation:
(a) Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, Prodoto Commercial Photographic Studios will not accept any other work from other clients for those times and dates;
(b) 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 booking within 10 business days of any confirmed date a fee of 30% of the booked time rate will be charged; (ii) When a client cancels photography within less than 10 business days of any confirmed date, a fee of 50% of the booked time rate will be charged; (iii) When a client cancels photography within less than 3 business days of any confirmed date, a fee of 75% of the booked time rate will be charged; (iv) In addition to this cancellation fee, the client will be charged for any expenses already incurred by Prodoto Commercial Photographic Studios Limited.
(c) Photography Brief: Photography will commence following acceptance and mutual understanding of a written or verbal brief provided by our clients. Re-shoots of rejected photographic images will be chargeable if Prodoto Commercial Photographic Studios Ltd. has adhered to the brief and our client makes changes to the brief after the images have been shot. Specific instructions about how you wish the products to be photographed must be made clear to Prodoto.
5. Payment Terms:
(a) Our payment terms are strictly net 30 days unless agreed in advance and in writing; Prodoto Commercial Photographic Studios reserve the right to ask for payment in full prior to image delivery for new clients.
(b) If payment is not made in accordance with (a) above then Prodoto Commercial Photographic Studios may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998;
(c) A fee of £25 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices;
(d) All prices are subject to VAT at the applicable rate
6. Liability and Indemnity:
(a) While Prodoto Commercial Photographic Studios Limited 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 of by any third party arising from use or reproduction of any picture or its caption;
(b) The Client agrees to indemnify Prodoto Commercial Photographic Studios Limited 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 Prodoto Commercial Photographic Studios Limited;
(c) Insurance Details
Prodoto Commercial Photographic Studios Limited. does not provide insurance coverage whilst our clients’ products are at our studio. If insurance cover is required our clients are advised to arrange their own insurance cover.
Whilst in transit either to or from our studio, our clients’ products should be covered by the insurance provided by the courier tasked with transporting the goods, and it is the client’s responsibility to ensure that the insurance is sufficient to cover the goods transported. Prodoto Commercial Photographic Studios Limited. accept no responsibility for products lost or damaged in transit, to or from our studios.
7. Applicable Law:
(a) This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England;
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
(c) 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.
8. Client Confidentiality:
Prodoto Commercial Photographic Studios Limited 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 Prodoto Commercial Photographic Studios Limited to carry out their obligations in relation to the commission.
9. Making Payment
Our payment terms are strictly net 30 days unless agreed in advance and in writing; Prodoto Commercial Photographic Studios reserve the right to ask for payment in full prior to image delivery for new clients.
Payment by BACS is preferred and bank details will be provided on our invoice. We also accept payment by cheque and crossed cheques should be made payable to “Prodoto Commercial Photographic Studios Limited”.
Please note, when making payment by cheque, proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.
10. Big Furniture Magazine February 2025 Issue - Offer For Video Services
(a) This is a promotional offer regarding our video production services. Prodoto Commercial Photographic Studios Ltd. reserve the right to cancel this promotion at any time.
(b) Participants must enquire by email, web portal or telephone about the offer on or before the closing date which is 28/02/2025. If first enquiring by telephone, participants must also declare their interest in the promotion in writing to a member of Prodoto Commercial Photographic Studios Ltd.’s production team. A brief of the photography project and the additional video must be sent within three months of the enquiry. The video must be filmed as part of a photography project, not a stand-alone production.
(c) The offer includes one video which must closely relate to a photography project commissioned at the same time (i.e. same set styling, props, products). The video must not exceed 30 seconds running time unless agreed in advance of the commission.
(d) The production time allocated for the video cannot exceed the time allocated for the photography project. This is capped at a maximum of one day for the video included in this promotional offer. The work must take place at Prodoto Commercial Photographic Studios Ltd.’s registered address.
(e) Prodoto Commercial Photographic Studios Ltd. reserve the right to lead on all creative direction for the promotional video. We endeavour to maintain the style of the associated photography shoot. One round of amends can be requested; however, this only concerns the edit of the video, and such requests must not exceed one hour’s work. No additional filming can be requested after the shoot.
(f) Additional charges may apply if the commissioned video requires the use of props, models and associated usage costs, and/or specialist equipment. Any significant changes from the associated photography shoot may also incur an additional charge at the discretion of Prodoto Commercial Photographic Studios Ltd.
(g) Due to studio capacity, Prodoto Commercial Photographic Studios Ltd. cannot guarantee when video production can start or when the video will be completed.
(h) Payment for the associated photography must be received before the video can be delivered.
11. Newsletter Promotional Trial Of CGI Services
(a) This is a promotional trial regarding our CGI production services. Prodoto Commercial Photographic Studios Ltd. reserve the right to cancel this promotion at any time.
(b) Participants must enquire by email, web portal or telephone about the trial on or before the closing date which is 28/02/2025. If first enquiring by telephone, participants must declare their interest in the trial in writing to a member of Prodoto Commercial Photographic Studios Ltd.’s production team. All appropriate CAD assets must be provided within three months of the interest given in writing.
(c) The trial includes only one CGI render. The scope for which must not exceed one day’s work for our CGI artists unless agreed in advance of the commission.
(d) To take part in the trial you must have a CAD (computer-aided design) file that is deemed usable for the purposes of the project. Prodoto Commercial Photographic Studios Ltd. reserve the right to lead on all creative direction. We endeavour to maintain the style of your brand. One round of amends can be requested; however, this must not exceed one hour’s work.
(e) Additional charges may apply if the commissioned CGI requires the use of digital props outside our available library, a professional stylist, and/or specialist equipment. Additional costs will be made clear ahead of work starting.
(f) Due to studio capacity, Prodoto Commercial Photographic Studios Ltd. cannot guarantee when CGI production can start or when the asset will be completed.
(g) You are only liable for the standard production costs if you choose to use the image. If you do not choose to purchase the image, you will receive a watermarked version only.