Terms

Terms and Conditions of Business:  Mike Gunnill

All of the photographs  are the copyright of Mike Gunnill and may not be used without permission. On all material produced, the copyright remains with Mike Gunnill at all times. 

1. The following words or expressions shall have the meanings stated:

“the Photographer” means Mike Gunnill trading as Mike Gunnill.

“the Customer” means the person identified as the customer.

“Material” means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer.

“Order” means any request, order, commission or instruction by or on behalf of the Customer for creation of Material by the Photographer.

2. Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.

3. Copyright in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the Material, save as:

3.1. specifically set out in these Terms and Condition or

3.2. may otherwise be agreed by the Photographer in writing.

4. Unless specifically otherwise agreed in writing between the Photographer and the Customer, the Photographer is entitled to utilise Material ordered by the Customer for the advertising, marketing and promotion of the Photographer’s business. 

4.1. The Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.

4.2. Save as otherwise agreed between the Customer and the Photographer, the Photographer shall be entitled to use his judgement regarding the style and artistic input in the production of Material.

4.3. The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfill his obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.

4.4. On completion of the Photographer’s obligations under an Order, the Photographer shall deliver an invoice for the Price to the Customer and the Customer shall pay the Price (or any balance of it) within 30 days of the date of the invoice. Any sum outstanding after the expiry of 30 days shall have the following consequences:

5. Interest at a rate of 8% per annum above the base rate of Bank of England base lending rate shall accrue in respect of any outstanding sum. Plus compensation : £40 on debts under £1,000 and £70 on debts under £10,000. European Union directive August 2002.

6. The contractual relationship between the Photographer and the Customer shall be governed by the laws of England.

© Copyright Mike Gunnill.

© Mike Gunnill 2017