Terms & Conditions of Air Fine Art

1. Terms and Definitions:

(a) Picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction or purchase;

(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 Photographer (otherwise known as AJR Fine Art Photography or its subsidiaries) is the Author of the photograph and or the Photographer unless otherwise stated.

(d) The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);

(e) AJR Fine Art Photography administers the licensing of the works of the Photographer and is a trading name of AJR Photography.

(f) These terms and conditions represent the entirety of the agreement between AJR Fine Art Photography 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 in the pictures is always retained by AJR Fine Art Photography throughout the world and is administered by AJR Photography and AJR Fine Art Photography.

(b) Title to all photographs remains the property of the Photographer and or AJR Photography only the ownership of the single images passes to the purchaser with no rights to reproduce the image in any format or media without the express consent of the copywrite holder.

(c) Once a print on whatever material is sold and paid for in full, the title of ownership of that single physical image passes to the purchaser. A certificate of authenticity will be provided listing if applicable the limited-edition number.

(d) Once the image is paid in full and the ownership title is passed to the purchaser, the purchaser then has full rights to gift or sell the image or photograph to whoever they may wish to.

(e) AJR Photography and AJR Fine Art Photographs asserts both their moral right to be identified as the author of the work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.

(f) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by AJR Photography and AJR Fine Art Photographs any fee payable by the Client shall be subject to an increase specified by AJR Photography and AJR Fine Art Photography, and in any event an increase of not less than 25%.

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 by AJR Photography and AJR Fine Art Photographs.

(b) Permission in writing 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) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on AJR Photography and AJR Fine Art Photographs invoice. An agreement must be reached with AJR Photography and AJR Fine Art Photographs before the pictures are used for a different purpose or after the licence to use has expired;

(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice;

(e) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.

(f) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.

(g) AJR Photography and AJR Fine Art Photographs reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client;

(h) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to AJR Photography and Picture Perfect Library free of charge within two weeks. In other media, evidence of use must be made available if requested.

(i) On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, AJR Photography and AJR Fine Art Photographs may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

4. Definitions of Reproduction Rights:

The following terms are used when describing the reproduction rights granted by AJR Photography and AJR Fine Art Photographs and the Photographer to the Client:

(a) The owner of the image has full rights to display, expose to examination and allow for viewing by and in any way the owner may see fit.

(b) Publication in any form is agreed for the purpose of exhibition and re sale

(d) Personal clients may use the images purchased for personal use only.

5. Booking and Cancellation:

(a) The Client will be required to complete the purchase making full payment before production of the Picture, Photograph, or image is commenced. The booking will then be considered Confirmed.

(c) 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 of purchase, an administration fee of £20.00 will be charged; (ii) When a client cancels a purchase within less than 10 business days of any confirmed sale, a fee of 20% of the total purchase price will be charged. This to be deducted from any refund that may be due or applicable. (iii) In addition to this cancellation fee, the client will be charged for any expenses, production costs already incurred by AJR Fine Art Photographs.

6. Payment Terms:

(a) Our payment terms are strictly at time of placing the order in advance and in writing;

(b) If payment is not made in accordance with (a) above then AJR Fine Art Photographs 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;

7. Rejection:

(a) AJR Fine Art Photographs will make, take and deliver what it considers to be the best of every situation covered;

8. Liability and Indemnity:

(a) While AJR Fine Art Photographs 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 AJR Fine Art Photographs 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 AJR Fine Art Photographs.

(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that AJR Fine Art Photographs gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify AJR Fine Art Photographs against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

9. 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.

10. Client Confidentiality:

The Photographer and AJR Fine Art Photographs 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 purchase of photographs and or images, save as may be reasonably necessary to enable the Photographer or AJR Fine Art Photographs to carry out their obligations in relation to the commission.

Making Payment

Our terms are strictly net with order unless agreed in advance and in writing.

Payment by PayPal is our preferred method of payment.

Disclaimer of Warranties

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS OR OUR TERMS OF SALE, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS MADE THAT OUR SITE OR APPS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR THAT THEY WILL OPERATE WITHOUT ERRORS. THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT AJR PHOTOGRAPHY AND OR AJR PHOTOGRAPHY FINE ART PHOTOGRAPHS ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THAT AJR PHOTOGRAPHY AND OR AJR PHOTOGRAPHY FINE ART PHOTOGRAPHS PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF AJR PHOTOGRAPHY AND OR AJR PHOTOGRAPHY FINE ART PHOTOGRAPHS PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.