Terms & Conditions A. Terms and conditions of using this website All images on this site are protected under international copyright laws.The purpose of this website is to show examples of our work, the images are not intended to be downloaded or used in any way. No image displayed on this website is in the public domain. The copyright may be owned by Mike Smith Photography, the clients that the images were created for, the subject of the photograph, or a combination of all these. Any downloading or copying of images for any purpose whatsoever is a breach of copyright and strictly prohibited. B. Standard terms and conditions for assignment photography 1. Definitions For the purpose of this agreement “the client” shall where the context so admits include their respective assignees, sublicencees and successors in title. “Photographs” means all photographic material furnished by Mike Smith Photography whether transparencies, negatives, prints or any other type of physical or electronic material. 2. Copyright The copyright in the photographs is owned by and retained by Mike Smith Photography at all times throughout the world. The client agrees that Mike Smith Photography is the sole author of the photographs. 3. License to use The license shall be for worldwide usage for two years unless specified otherwise in advance and shall come into effect from the date of payment of the relevant invoice. 4. Photographers promotional use Mike Smith Photography will at all times retain the right to use the photographs in any manner and in any part of the world for the purpose of advertising and promoting their work. 5. Ownership of materials Title to all photographs remains the property of Mike Smith Photography. 6. Clients materials The client accepts full responsibility for any materials that they supply for use in the photographs and that the materials are adequately insured against loss, damage or liability. 7. Payment Payment by the client will be required for the right to use the photographs as provided within 30 days of the issue of the relevant invoice. Late payment fees will become applicable for any unpaid money after that time. Where the work is estimated to exceed £2000 including materials, a payment of 30% of the estimated total will be paid before the work commences. 8. Indemnity Mike Smith Photography shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the photographs or other use by the client. The client shall indemnify Mike Smith Photography against any claims and/or damages against them as a result of the client’s use of the photographs. 9. Client Approval If the client is not present during the actual photography sessions then Mike Smith Photography’s interpretation of the assignment will be accepted. Unless a rejection fee is agreed in advance then there is no right of rejection. 10. Cancellation and postponements Once Mike Smith Photography has been commissioned, the client is responsible for payment of all expenses incurred up to the time of cancellation and Mike Smith Photography will be entitled to charge a fee for cancellation or postponement at their discretion. 11. Right to a credit Where possible Mike Smith Photography’s name should be printed in reasonable proximity to all published reproductions. 12. Archiving Whilst Mike Smith Photography aims to back up all data, this cannot be guaranteed, and in the event of a data loss Mike Smith Photography will not be liable. 13. Client Confidentiality Mike Smith Photography will respect confidentiality and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography save as may be reasonably necessary to enable them to carry out the work. 14. Variation These terms shall not be varied except by agreement in writing. 15. Applicable Law This agreement is governed by the Laws of England and Wales.