Featured PHOTOGRAPHER

contract

The boring, but important bit...

TERMS OF CONTRACT

  1. It is a condition of membership that the featured photographer agrees to comply with the terms and conditions set out below and any other policies Toon Photography introduces or puts in place.  Terms and Conditions can be amended or removed at the sole discretion of Toon Photography. 

COPYRIGHT

  1. The featured photographer is the owner of the images including the copyright therein and if there are any illegalities of the image provided by the photographer, it is their responsibility and they will be liable. No liability or responsibility will transfer to Toon Photography and Toon Photography will cooperate with all legal requests to the best of their ability.

  2. The featured photographer retains the sole copyright of the images.

  3. The featured photographer agrees to take full responsibility for images provided to be added to the website by Toon Photographer.

  4. The featured photographer should take care and attention to ensure they have back up copies of their images as Toon Photography can not be held liable for any damage or loss of images.

  5. The featured photographer must not provide images which contain Trademark or Copyright works, if the featured photographer is in doubt they should make necessary enquiries to ensure the image can be used legally.  Toon Photography will not conduct any enquiries, and should any breaches be made, sole responsibility lies with the featured photographer.

  6. Toon Photography are not liable for the unauthorised use of your images taken from this website by third parties. 

PROFIT

  1. The featured photographer will retain 50% of the profit margin for each sale, with the other 50% profit being passed to Toon Photography.

  2. Toon Photography may sell the picture for a sum that they see fit and they can add discounts and deals on the images at their own discretion.

  3. Payment to the featured photographer following a sale requires them to have a valid email address and a PayPal account for secure payment to be made by Toon Photography.

  4. PayPal is Toon Photography's sole payment system.  The featured photographer is responsible for the upkeep of, and claiming of funds into, their PayPal accounts. 

  5. A full list of the profit margins will not be disclosed.  Needless to say, Toon Photography will be honest and ensure the featured photographer is paid 50% of the profit made from each and every sale.  In the event of a legality, all sales records are retained.

TRANSACTIONAL ARRANGEMENTS AND REQUIREMENTS

  1. Toon Photography will not resell the image outside of website transactions.

  2. In the event a company or organisation would like to use your images digitally, for any use other than wall art, Toon Photography will ask the featured photographer for permission. 

  3. Printing of images that have been purchased are outsourced to a third party and Toon Photography are not responsible for the work undertaken by a third party but will endeavour to use reputable third parties.

  4. The featured Photographer must send 10 images, both in low resolution and high resolution.  The low resolution images will be added to the website, and the high resolution images will be used in the event of a sale.

  5. Toon Photography will require full profile information as requested.  Without a profile, the featured photographer will not be featured.

  6. In the event that an item is reported to be lost/stolen, or is damaged, Toon Photography will endeavour to replace the item.  Subsequently, this can either reduce or remove any profits and the featured photographer may not receive a payment.  In the event of a loss, Toon Photography will make any additional payments to cover these, and the featured photographer will not be liable to pay any incurred costs.

  7. Toon Photography will automatically pay the featured photographer 30 days after the date of delivery to the customer. 

  8. In the event of a sale, Toon Photography will notify the featured photographer via email, or via a preferred social media platform.

  9. Any contact from a Third Party in relation to the works of the featured photographer will be passed on to the featured photographer within 30 days of receipt.

  10. Acceptance of this contract will be via e-mail confirmation.  The email address must match that of your PayPal address.  Toon Photography will not allow use of multiple e-mails addresses.

  11. All terms and conditions relating to the sale of products can be found in the Terms and Conditions section of the website,

DISCLAIMER

  1. Toon Photography may promote your work on Social Media, including, but not limited to Twitter and Facebook.  Toon Photography will make it clear that this work belongs to a featured photographer, but may not reference the name of the featured photographer.

  2. The images provided by the featured photographer may be used to promote the Toon Photography website, or social media pages, without any reference to the featured photographer.

  3. The featured photographers images may be used as part of email and marketing campaigns without any reference to the work being attributed to the featured photographer.

JURISDICTION

  1. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims)

HMRC

  1. Featured photographers are responsible for all their personal tax affairs (including claiming VAT) related to selling on the Toon Photography website. Toon Photography is not responsible for dealing with any tax related matters on behalf of a featured photographer, nor will Toon Photography be responsible for claiming any VAT from earnings on behalf of the featured photographer.