Last updated: 1st of May 2017
Fair Photo Agency Int. AB (FPA) terms and conditions of use. Applicable between FPA and end users, i.e. companies requesting photographs (named: project owner) and photographers (named: photographers).
Your access to and use of this service is conditioned on your acceptance of and compliance with these Terms. By using this service you agree to these Terms & Conditions.
FPA is actively working towards featuring sustainable companies worldwide with the help of impactful imagery performed by numerous photographers worldwide. The function of the platform FPA is to match the right photographer with the sustainable company requesting photographs. Any sustainable company that agrees to our values (see 8.2) can request photographs by submitting a project specification within the online service platform FPA. FPA provides the technical platform infrastructure, the image delivery services and payment services.
2. Use of data and data protection
During the registration process personal data will be collected and further processed for the purposes detailed hereafter.
2.1 Collecting data and purpose
Data we collect
Personal data (name, organisation name, address, email, city, country, VAT-number (if applicable), Corporation Tax Reference number (if applicable), Corporate Identity Number (if applicable). FPA will store the collected data in our own database and it will be treated accordingly to the Privacy Protection Law. FPA will not sell the information to any third party or use the information outside of its own organisation.
All photographers need to be registered companies or use an invoice service company. All photographers need to submit either a valid VAT-number, a Corporation Tax Reference Number applicable for their country standards, or a Corporate Identity Number. This could either be of their own company or of the invoice service company used. This will be asked for in the registration process.
All project owners need to be registered companies as well as registered for value added tax. Hence, all project owners need to submit either a VAT-number or a Corporation Tax Reference Number applicable for their country standards. This will be asked for in the registration process.
Personal data provided are used to facilitate the management of the platform when it comes to contacting users, facilitate automatic match making processes, the geographical mapping of users and running FPA’s book keeping accordingly to Swedish Law.
2.2 Visibility of data
FPA determine which data is publicly available on the website for other users.
2.3 Editing and deleting data
During the registration process you are requested to insert data as indicated in the registration forms. Inserted data must be correct and must not violate any other person(s) and/or organisation(s) rights. You can edit and modify your data any time you like afterwards.
FPA have the right to modify the submitted data for quality enhancement.
You have the right to delete your profile at any time as long as you are not involved in an active photo project that depends on any of your obligations. Please contact us for assistance: email@example.com.
4. Website content
All project specifications are inserted and edited by registered companies by using FPA’s guidelines. FPA has no responsibility on the final content or the information given here. Information submitted must comply with FPA’s sustainability objective. The FPA website may contain links to third party websites. For these external websites FPA is not liable.
User’s profiles are inserted by the user. FPA is not obliged to examine any of the data inserted.
5. Copyright and Exclusive License
All photographs produced within the FPA platform are protected by Copyright Law. It is therefore not allowed to edit, copy, commercially use or publish such content without the explicit consent of mentioned sole owner of the copyright (i.e. the project owner) as well as the explicit consent of the originator (i.e. the photographer). You will also not undertake any technical action that violates the copyright of FPA, the project owner or the photographer.
By accepting these Terms & Conditions you consent that all photographs produced within the FPA platform are automatically placed with an exclusive license to the project owner. The photographer cannot sell the same photographs to any other potential buyer. The photographer can use the photographs for his or her own marketing, production, portfolio or photo exhibition that takes place within the photographer’s operation.
The rights granted to the project owner by FPA are unlimited, meaning that the project owner can use the content in an unlimited number of projects and in any media. For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronise, perform, display, broadcast, publish, or otherwise make use of.
The exclusive licensed content may be used:
- in digital format on websites, blog posts, social media, advertisements, film and television productions, website and mobile applications
- in printed materials, such as magazines, newspapers, books, brochures, flyers, product packaging
- for decorative use in homes, offices, or any public places
- No unlawful use. Neither the photographer nor the project owner may use content in a pornographic, defamatory, or other unlawful manner.
- Standalone File Use. Neither the photographer nor the project owner may use content in any way that allows others to download, extract, or redistribute content as a standalone file.
- False Representation of Authorship. The project owner may not falsely represent that he or she is the original creator of a work that is made up largely of licensed content. For instance, you (the project owner) may not manipulate a licensed content and claim that you are the author.
- The project owner may not intentionally edit the photographs to lower the quality.
Intellectual property rights
All licensed content is owned by either FPA, the rightful project owner or the photographer who supply the content.
A photo credit is not required for commercial use, but if you are using content for editorial purposes or related and if technically feasible, you must include the photographer's full name adjacent to the content.
6. Technical information
FPA undertakes technical measures (firewalls) in accordance with data protection law to prevent abuse from outside. The data on the FPA servers are backed-up once a week. In the very unlikely case that data are lost FPA excludes liability for deleted files or any lost data.
Disorders of online access
FPA cannot guarantee constant accessibility or functionality of the website. FPA is not liable for any defects that may exist or for any costs, losses of profit, losses of data or consequential losses arising from your use of, or inability to, access the platform as well as from incorrect information.
Log files and statistics
For technical reasons (security reasons and protection of this website) FPA automatically collects server log data which are transmitted from your browser.
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, to help the website analyse how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.
Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage.
You have the right to opt-out from receiving our newsletter via an unsubscribe link attached to each email at any time.
7. Fees and Payment of costs incurred
FPA do not require any payments for setting up an account or submitting a project. The project owner is required to make a part payment of 20% of the desired photographer’s price in order to secure that photographer. The project owner is then required to make an additional payment of the remaining 80% of the final price in order to be able to download the finished photographs. The final price may have been adjusted from the original price according to what has been agreed upon between the project owner and the photographer. This may be applicable when the project owner desire more photographs than was originally intended and described in the project description.
Both payments are made to FPA. After FPA has secured the second and final payment FPA is liable to make a payment of 84% to the photographer involved in the project in question. Hence, FPA’s income is solely based on a commission of 16%. The payment is transfered via PayPal immediately after the incoming request from the photographer, which is made from his or her profile. The photographer may accumulate remunerations before sending the payment request to FPA. Any transfer costs are deducted from the photographers payment.
In the rare event of the photographer or the project owner not fulfilling his or her obligations, we require that you contact us at: firstname.lastname@example.org with details. The first payment of 20% will be refunded to the project owner if the photographer is not fulfilling his or her obligations regarding the production of the unretouched images.
The project owner will be asked for an online payment via Stripe, Inc. FPA is not involved in such payment processes and cannot be held liable for the success or failure of such payments.
Flexonomy is based on sustainable values of not seeking an ongoing growth or being focused on profit maximisation whenever a disrespectful or unethical use of planetary resources, animals or people is taking place. FPA believe that people in general need to obtain a more easygoing attitude with money, in order to make business decisions based on sustainable values rather than growth and profit. FPA uses Flexonomy within our platform in the sense that the project owner can lower or higher the original set price with +/- 20% when making the final payment.
Both the photographer and the project owner need to respect what has been negotiated. The photographer should pitch their proposal in the most professional manner that he or she is capable of, in order to increase their chances to be chosen by the project owner. Furthermore, the photographer needs to respect the delivery deadline. If this is mistreated in any way, the project owner is eligible to lower the total payment with up to 20% accordingly to the principles of Flexonomy. This means that the price is flexible rather than fixed.
Lowering the price would be eligible if the photographer do not deliver what has been agreed upon, if the photographer is not respecting the deadlines, if the photographs are not of the expected quality, or for any other more severe reason. Lowering the price for any other reasons will be considered a mistreatment of the principles of Flexonomy. If the images are exceeding the project owner’s expectations, we recommend that the project owner pay more than the original set price. This way, the project owner will increase his or her chances in working with the same photographer again.
8. Your obligations and consent
You hereby agree that you will only use the FPA platform in accordance with these Terms & Conditions.
You are responsible for any content provided by you which is published on this website.
You agree to indemnify FPA immediately for any losses or damages, including where necessary any legal, administrative or technical charges, that may arise from misuse.
8.1 Automatic match making service
FPA will send emails to all photographers whose profile data matches the submitted data in the created project set by the project owner. FPA will also send emails to all photographers getting “poked” by a project owner. This means that the project owner wants the photographer to submit a pitch for their project. The photographer getting “poked” should, but is not obliged to, submit a pitch. All photographers are encouraged to regularly log in and browse through the projects specifications in order to find new projects/jobs.
8.2 FPA’s sustainability objective
FPA’s mission is to embrace and highlight companies that do good, i.e. the ones that also have a role in the paradigm shift towards a sustainable future. This means that the products and services subject to all project specifications should comply with FPA’s stated values below.
FPA expect that the project owner’s company or organisation supports all of FPA’s values, and that the products or services that the project owner wants to promote with the help of the FPA service are in line with at least 1 of them:
- organically produced
- produced under fair trade conditions without harming natural resources
- practices that support the ethical treatment of animals
- supporting a circular economy and hence is made of reused, recycled or upcycled materials
- practices that reduce the consumption of meat and dairy products
FPA do not accept any projects aiming to feature or promote unsustainable practises such as products and services that are subject to animal testing, unethical handling of animals, meat and dairy consumption, child labour, production in Sweatshops* or at other places with unacceptable working conditions, any type of use of harmful chemicals/pesticides or materials or elements in products that origin from animals (such as for example leather).
FPA encourage any companies or organisations that are unsure if they are in line with our definition of a sustainable company to reach out to us by sending an email to: email@example.com
In case of breaching or violating this sustainable objective FPA retains the right to delete any user related data and content published by you
*a pejorative term for a workplace that has poor, socially unacceptable working conditions. The work may be difficult, dangerous, or underpaid. Workers in sweatshops may work long hours with low pay, regardless of laws mandating overtime pay or a minimum wage; child labor laws may also be violated. According to Fair Labor Association, at least 18 countries are operating Sweatshops, including Bangladesh, Romania, Costa Rica, El Salvador, China, the Dominican Republic, India, Vietnam, Honduras, Indonesia, Armenia, Brazil, Haiti, Taiwan, the Ivory Coast, Nicaragua, Mexico, the United States and its territories. (Source: https://en.wikipedia.org/wiki/Sweatshop)
In case of an infringement of these terms and conditions FPA retains the right to delete your user related data and content published by you.
10. Limitations of liability
FPA neither endorses nor examines any of the material submitted or posted on the platform concerning its compliance with law. This includes the accuracy of any text, information, data, representations, statements or other material whatsoever. FPA is neither liable nor responsible for the quality of the photographs produced or the behaviour from users.
11. Law applicable and place of jurisdiction
This agreement shall be governed by and construed in accordance with the law of Sweden. Each party agrees to submit to the exclusive jurisdiction of the courts of Gothenburg.