TERMS AND CONDITIONS

DEFINITIONS

For the purpose of this agreement “the client” is the employer of Nguyen Dang’s photographic services in all capacities and also shall where the context so admits include their respective assigns and sublicensees. “Photographs” and “images” all mean any and all photographic material by Nguyen Dang including physical prints and electronic material.

COPYRIGHT

Copyright of all images is owned by and retained by Nguyen Dang at all times throughout the World unless others stated in writing. Clients who employ the photographic services of Nguyen Dang hold usage license to use the images selected and supplied and agreed on by Nguyen Dang for the terms agreed between Nguyen Dang and the Client. Images can not be sold or otherwise provided to a third party to be used in any manor internal or external without the written consent of Nguyen Dang.

LICENSE

The licence shall be for the territory time and use as agreed and shall come into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without Nguyen Dang’s express permission in writing. The licence can not be transferred without Nguyen Dang’s express permission in writing.

NO ALTERATIONS

No alterations or manipulations of the images may be made without the written permission of Nguyen Dang.

PAYMENT

All invoices, unless otherwise stated, carry 30 day payment terms. Part payments and deposits are non-refundable. No usage is granted until payment is received in full. Images may be withheld pending payment. In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred until the debt is collected in full, including legal demands costs. Overdue accounts may be subject to a fee at the discretion of Nguyen Dang.

CANCELLATIONS

Once a booking has been confirmed in writing. If cancelled, the Client is responsible for payment of all expenses incurred up to the time of cancellations including hire equipment cancellation fee. Nguyen Dang will be entitled to charge a fee for cancellation or postponement at his discretion. All cancellation charges are 7 day payment terms. Cancellations fees are subject to Nguyen Dang discretion and may not be charged if booking is rescheduled or cancellation is within reasonable terms.

ARCHIVING

Nguyen Dang will attempt to permanently archive all completed images and make them available upon requests. Archival of finished images is guaranteed for the length of two years from the date images are supplied. Images that are taken but not chosen to be finished and supplied may not be archived. Clients are expected to archive the images supplied as their own backup.

INDEMNITY

Nguyen Dang 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 Nguyen Dang against any claim and/or damages against him as a result of the Clients use of the photographs.

CLIENT APPROVAL

If the Client is not present during the actual photography sessions then Nguyen Dang’s interpretation of the assignment will be accepted. Unless a rejection fee is agreed in advance in writing then there is no right of rejection.

CLIENT CONFIDENTIALITY

Nguyen Dang will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purpose of the photography as may be responsibly necessary to enable him to carry out the work.

APPLICABLE LAW

This agreement is governed by the Law of Victoria.