Artwork Production Service Terms

1.1 Capitalised words used but not defined in these Service Terms have the meanings given to them in the Production Agreement or the applicable SoW.

1.2 These Service Terms apply only to the Services identified in the applicable SoW. A section describing an optional service does not apply unless that service has been selected in the SoW or otherwise agreed in writing.

1.3 The Production Agreement, the SoW, these Service Terms and the Joint Controller Agreement (where applicable) are to be read together. If there is a conflict, the Production Agreement prevails, except where a Special Condition in the SoW expressly varies it. The SoW prevails over these Service Terms in relation to Project-specific details. The Joint Controller Agreement prevails in relation to data privacy terms.

1.4 The version of these Service Terms identified by date and version in the Production Agreement or SoW applies to the Project. The People’s Picture may update these Service Terms by giving the Commissioner written notice. Any variations will be in accordance with clause 17.

2.1 Where CMS access is selected, The People’s Picture will provide the Commissioner with access to its content management system (“CMS”) for the collection and moderation of Content for a licence period agreed in the SoW.

2.2 The Commissioner must agree to the Website Terms on log in and then follow the reasonable instructions and guidelines provided by The People’s Picture in the resource menu of the CMS website for accessing and using the CMS, submitting Content and Clearances and using any alternative submission method, including by email or any other method than via the CMS. These may be updated from time to time.

2.3 The Commissioner must complete all required fields and upload all requested materials through the Client Information Form by the applicable deadline specified in the SoW. The People’s Picture will use that information to enable the creation of the campaign web page, CMS, branded emails and related forms.

2.4 Access credentials must be kept secure and used only by the individuals authorised by the Commissioner to work on the Project. The People’s Picture can enable two-factor authentication on the Commissioner’s request.

2.5 Unless otherwise stated in the SoW, The People’s Picture will provide the Commissioner with up to two individual user accounts for the CMS. Each account may only be allocated to a named employee, contractor or other representative authorised by the Commissioner (“Authorised User”) who has received any training or guidance reasonably required by The People’s Picture. Accounts and login credentials must not be shared.

2.6 The Commissioner must ensure that its Authorised Users comply with these Service Terms and is responsible for their acts and omissions when using the CMS, including any errors made when uploading, moderating, approving or deleting Content, except to the extent caused by a fault in the CMS or a breach by The People’s Picture.

2.7 Where the Commissioner asks to collect additional information from Contributors through custom fields, it must limit that information to what is reasonably necessary for the Project and must have an appropriate lawful basis for collecting it, including meeting the additional conditions that apply to special category or criminal offence data. The Commissioner must not collect medical, age or other sensitive data unless the Project requires it. The Commissioner must explain the actual fields, their purposes and the lawful basis to Contributors in its project privacy information before they provide the information.

3.1 Unless otherwise agreed, the Commissioner must process, upload and moderate all submitted Content in the CMS in a timely manner and mark each item as Approved, Referred or Rejected by the Final Content Sign-Off Date specified in the SoW.

3.2 Only Content marked as Approved will be processed by The People’s Picture for inclusion in the Artwork.

3.3 Once moderation is complete, the Commissioner must click ‘Sign Off’ in the CMS and agree to the Contributor Terms and Website Terms via a checkbox before Content can be submitted. This creates Database Lock and closes the collection phase. Each Authorised User must also accept the Website Terms through a separate checkbox when logging into the CMS. Where the Website Terms or Contributor Terms are updated, the relevant person may be required to accept the updated version before continuing to use the CMS or submitting further Content. The People’s Picture will retain an electronic record of the acceptance, including the applicable version of the relevant terms and the date of acceptance.

3.4 After Database Lock, the Commissioner cannot change a moderation status or edit, add or remove Content, except where required under applicable law or the data protection arrangements between the parties.

3.5 The CMS will record which authorised moderator made each moderation decision (including whether the Commissioner’s own designated moderator or the Paid Moderation Service applied). Subject to applicable Data Protection Laws and security requirements, The People’s Picture will provide the Commissioner with the relevant audit record on reasonable written request.

3.6 Where the Paid Moderation Service is selected, the Commissioner must provide written moderation guidelines before moderation begins. The People’s Picture will apply those guidelines when carrying out the service of performing content moderation on the Commissioner’s behalf and the People’s Picture’s liability in relation to the Paid Moderation Service is limited to failing to reasonably apply those guidelines. An additional fee is incurred for the Paid Moderation Service.

4.1 Before Database Lock, which occurs when the Commissioner completes Final Content Sign-Off in the CMS, Contributors may withdraw submitted Content at any time by using the automated Revoke Button included in The People’s Picture’s confirmation email.

4.2 After Database Lock, Contributors may no longer withdraw Content. Requests concerning a Contributor’s Content, name or caption will be handled in accordance with applicable Data Protection Laws, the Contributor Terms and the Joint Controller Agreement. Removal from the CMS or a searchable online database does not necessarily require removal from an already compiled Artwork.

4.3 Routine Contributor enquiries about Content submissions received by The People’s Picture will normally be forwarded to the Commissioner’s designated moderator within two Business Days. The Commissioner is responsible for responding, except where the enquiry concerns technical support for the CMS or The People’s Picture’s website.

4.4 The Commissioner must promptly notify The People’s Picture of any safeguarding concern, allegation of unlawful Content, court order or formal regulatory request relating to the Project.

5.1 The Commissioner may identify priority Content using the CMS ‘Favourite’ function, or a clearly labelled favourites folder where Content is supplied outside the CMS, before the Final Content Sign-Off Date.

5.2 The People’s Picture will use reasonable endeavours to include all Content in the Artwork but is not obliged to do so. Inclusion of all Content is not guaranteed unless the SoW expressly includes a paid mandatory-inclusion service. Otherwise, the Content included in the Artwork is at the discretion of the People’s Picture.

5.3 The size of individual images may vary in the Artwork. Duplicate images may appear, particularly where the available collection is limited and, in such cases, a greater degree of duplication may occur. The People’s Picture will use reasonable endeavours to limit duplication and space repeated images apart where reasonably possible.

5.4 Where a mandatory-inclusion service is selected in the SoW, the additional Fee stated in the SoW will apply and the deliverables and any supporting CSV database will be as described in the SoW.

5.5 The Commissioner may identify Content for interactive storytelling markers using the CMS ‘Interactive’ function and enter the corresponding text or provide a clearly labelled interactives folder or document with corresponding filenames where Content is supplied outside the CMS, before the Final Content Sign-Off Date. Any identified Content remains subject to The People’s Picture’s technical and editorial approval.

6.1 Where the Commissioner collects Content itself or through photographers, partners, collaborators or other third parties, the Content must be delivered and processed through The People’s Picture’s CMS unless the SoW selects the Commissioner-Supplied Content process.

6.2 The Commissioner is responsible for collecting and moderating Commissioner-Supplied Content. Before providing the Content to The People’s Picture, it must ensure that each Contributor (or other third parties as applicable) has either (i) accepted the Contributor Terms through an auditable electronic acceptance process; or (ii) signed a written release or other agreement granting licences, consents and permissions sufficient to permit the uses of the Content contemplated by the Production Agreement and SoW. The Commissioner must retain evidence of that agreement and any necessary permissions or Clearances and provide that evidence to The People’s Picture on request, in perpetuity.

6.3 For Commissioner-Supplied Content, the Commissioner must follow The People’s Picture’s file-format, naming, transfer and folder instructions and must remove duplicate files and materially similar image sequences before delivery. Once The People’s Picture has downloaded the supplied Content, the Commissioner must check and sign off the downloaded collection using the Sign Off Content Form by the Final Content Sign-Off Date. That sign-off creates Database Lock. Any editing or clean-up of Commissioner-Supplied Content required after Database Lock, including removing duplicates or materially similar image sequences that the Commissioner should have removed before delivery, is an additional service subject to The People’s Picture’s availability and prior written agreement on scope, fees and Project timeline changes.

6.4 Following Database Lock, the Commissioner cannot edit, add or remove supplied Content except where required under applicable law or the data protection arrangements between the parties.

7.1 This clause applies only where Worldwide Contributor Participation is expressly selected in the SoW.

7.2 Worldwide Contributor Participation does not guarantee that submissions will be accepted from every country, that Contributors from any particular country will participate, or that all CMS or payment functionality will be available in every country.

7.3 The People’s Picture may configure the CMS to prevent or suspend submissions from a country, or reject particular Content, where it reasonably considers this necessary because of sanctions, export controls, applicable local law, technical limitations or another material compliance risk. The People’s Picture will notify the Commissioner where reasonably practicable.

7.4 Unless the SoW includes the Paid Moderation Service, the Commissioner must be able to moderate Content in every language in which it accepts submissions. The People’s Picture is not responsible for translating Content.

7.5 Any translation of the Contributor Terms, privacy information or other Project materials must be agreed with The People’s Picture in advance. The Commissioner is responsible for the agreed translation costs. No translation of the Contributor Terms or The People’s Picture’s privacy information may be published without The People’s Picture’s prior written approval.

7.6 Any donation or voluntary-payment functionality may be unavailable or operate differently in particular countries. Currency-conversion charges, payment-provider fees and applicable taxes are matters between the Contributor, the Commissioner and the Commissioner’s payment provider.

7.7 The People’s Picture may suspend collection from a country while any additional compliance measures required under clause 7.9 of the Production Agreement are implemented.

8.1 Where API access is selected, The People’s Picture will issue an API token for the purpose and access period stated in the Production Agreement or SoW.

8.2 The Commissioner must keep the token confidential and secure, restrict access to its authorised developers and technical support personnel and notify The People’s Picture immediately if the token is lost, disclosed or suspected to have been compromised at support@thepeoplespicture.com. The People’s Picture may request immediate revocation through that email address. The People’s Picture may revoke or rotate a token where it reasonably suspects misuse or identifies a security concern.

8.3 Where Contributor’s personal data is submitted, displayed or transmitted through the Commissioner’s website or systems using the API, the Commissioner is responsible for the security and transparency of that integration, including for the security of its own website and systems. The Commissioner must implement the API in accordance with The People’s Picture’s reasonable requirements and must ensure its privacy notice accurately describes any collection, display or transfer of Contributor personal data through the integration.

8.4 Passwords, API keys and other access credentials must be shared using OneTimeSecret (https://onetimesecret.com/) or an equivalent secure credential-sharing service agreed between the parties. The Commissioner is responsible for any subscription costs reasonably required for this purpose. This requirement also applies to credentials shared under clause 9.

8.5 Any technical support requested by the Commissioner in connection with its implementation or use of the API will be included in a SoW and charged accordingly. Any ad hoc technical support requested by the Commissioner’s web developers beyond that included in a SoW may incur additional fees at the Studio Day Rate, invoiced in arrears.

9.1 Where the SoW includes a donation or voluntary-payment facility, Contributors will be redirected to the Commissioner’s own third-party payment provider (for example, Stripe) after submitting their Content. The funds are then paid directly to the Commissioner.

9.2 The People’s Picture does not receive, hold or control these funds. Its role is limited to providing the technical interface that presents the payment options, recording the payment status in the CMS and sending payment reminders on the Commissioner’s behalf.

9.3 The Commissioner must approve the payment wording and amount presented to Contributors and provide all information required to configure the payment functionality.

9.4 Unless the SoW says otherwise, payment is optional. A Contributor’s failure to make payment will not prevent their Content from being submitted, moderated or considered for inclusion in the final Artwork.

9.5 The Commissioner is responsible for its payment-provider account and for ensuring the payment journey, wording and administration comply with applicable law, including any requirements relating to refunds, cancellations, taxation and charitable donations or receipts.

9.6 Where any payment facility is presented as a charitable donation or fundraising request, the Commissioner is responsible for confirming that the proposed arrangement and wording presented to Contributors comply with applicable charity, consumer-protection and tax requirements and for obtaining any registrations or permissions required for the fundraising activity. The Commissioner must approve any statements explaining how the funds will be used and determine any applicable tax implications or reliefs. The Commissioner must provide reasonable evidence of these checks to The People’s Picture on request. The People’s Picture does not verify the Commissioner’s charitable status or provide any charity or tax advice.

9.7 Any API credential, token or integration access required for the payment functionality must be provided through the secure method specified by The People’s Picture and must never be sent by unencrypted email. The People’s Picture shall store and handle any such credential with a level of security consistent with its sensitivity.

9.8 The Commissioner must immediately revoke the relevant credential and notify The People’s Picture if there is an actual or suspected security concern. The People’s Picture may disable the integration while the concern is investigated.

9.9 This clause does not govern the purchase of prints, merchandise or other goods or services. Any mandatory-payment purchase journey must be agreed separately and stated in the SoW or applicable terms.

10.1 Unless otherwise agreed, the Commissioner must provide a selection of Hero Images via the Client Information Form, CMS or another secure transfer method agreed with The People’s Picture.

10.2 The People’s Picture will review the proposed Hero Images and consult with the Commissioner on preferences, technical quality, composition and suitability for the Artwork.

10.3 When providing a proposed Hero Image, the Commissioner must confirm in writing:

10.3.1 Whether it depicts an identifiable individual;

10.3.2 Whether it is a stock image or incorporates any third-party material;

10.3.3 The Clearances obtained for the Hero Image; and

10.3.4 Whether those Clearances permit use only for the Project or extend to any wider promotion, merchandise or commercial use.

10.4 The Commissioner must provide evidence of the relevant Clearances on request. The Commissioner acknowledges that any underlying rights-holder of a Hero Image may impose restrictions on its use.

10.5 The People’s Picture will review each proposed Hero Image for its suitability for producing the Artwork, including its resolution, composition, subject matter and artistic quality. As part of that review, the People’s Picture will consider whether the proposed Hero Image or Project:

10.5.1 is political or religious in nature;

10.5.2 promotes an unethical or extreme viewpoint;

10.5.3 is inconsistent with The People’s Picture’s Diversity, Equity & Inclusion Policy; or

10.5.4 is otherwise something the People’s Picture does not wish to be publicly associated with.

10.6 If the People’s Picture considers that it has identified a concern in accordance with clause 10.5, it will notify the Commissioner and may pause the relevant work while the parties discuss an alternative Hero Image, a change to the Project, the right to decline public credit or implementing an alternative contractual structure. The People’s Picture may also decline to continue with the Project, without any liability to either party beyond amounts already properly due for services performed.

10.7 If the People’s Picture, in its reasonable professional opinion, considers a proposed Hero Image technically or artistically unsuitable, it will notify the Commissioner and may recommend an alternative. If the Commissioner wishes to proceed against that advice, it must give that instruction in writing and the People’s Picture’s quality warranties as set out in the Production Agreement do not apply to any resulting shortfall in the finished Artwork’s quality. Any request for The People’s Picture to create, edit, adjust, composite, combine or assemble a replacement Hero Image, beyond what is usually in scope, will be dealt with as additional work charged in accordance with the People’s Picture’s Studio Day Rate.

10.8 The People’s Picture will prepare the number of Mock Ups agreed and included in the SoW. The Commissioner must provide consolidated comments within the applicable review period. Additional Mock Ups or additional amendments to be made to the Hero Image than as agreed in the SoW will incur an additional charge.

10.9 The Commissioner must select one final Hero Image and approve its Mock Up by submitting the Sign Off Mock Up Form before The People’s Picture begins production of the Final Artwork. If the Commissioner requires the Hero Image to be changed after production, additional service costs are applied.

11.1 The People’s Picture will provide the Final Artwork or a digital proof for review through a password-protected online link or, where applicable, by providing a digital proof of the proposed Physical Artwork. The Commissioner must keep the link and any access credentials confidential and confirm its approval by completing the Sign Off Final Artwork Form by email or through The People’s Picture’s online form.

11.2 The Commissioner must provide one consolidated set of comments for each amendment round included in the SoW and must not submit conflicting comments through multiple contacts.

11.3 The Commissioner must provide its amendment requests or final written approval by the approval deadline in the SoW.

11.4 If the Commissioner does not provide its amendment requests or approval by that deadline:

11.4.1 The People’s Picture will not be responsible for any resulting delay to the Project or Final Artwork;

11.4.2 any affected delivery date or milestone may be extended or rescheduled by The People’s Picture; and

11.4.3 The People’s Picture will use reasonable endeavours to accommodate one subsequent consolidated round of reasonable amendment requests but does not guarantee that it will be able to do so within the original Project timetable.

11.5 The People’s Picture’s inability to accommodate a late amendment or approval request will not constitute a breach of the Production Agreement.

11.6 The number of included amendment rounds is governed by the SoW. Any amendment request beyond the included amendment rounds, or any further request submitted separately after the applicable deadline, will be treated as additional work and charged at The People’s Picture’s Studio Day Rate.

11.7 Clauses 11.4 to 11.6 apply to Artwork-production milestones, including approval of the Hero Image, Mock Ups and Final Artwork. They do not apply to Content moderation or Database Lock, for which the applicable deadlines are final and not subject to an additional amendment round.

12.1 During the Project, The People’s Picture may make secure backups available to the Commissioner or an Approved Partner through an agreed secure method.

12.2 Subject to the Joint Controller Agreement and applicable law, The People’s Picture will securely retain Project data and Content held in the CMS for at least five years after completion so that it can be provided to the Commissioner on request, unless an earlier deletion is agreed or required. The People’s Picture may keep it for longer but does not guarantee that it will be available after that period. This does not limit The People’s Picture’s use of the finished Artwork, or of compressed published Content in its online galleries, portfolio, website and marketing, in accordance with the Production Agreement and the Contributor Terms. The Commissioner’s access to Content in the CMS is limited to the CMS access period stated in the SoW and is subject to clause 12.3.

12.3 When the CMS access period expires, the Commissioner’s access to the CMS ends and Content may be compressed to a lower resolution and moved to a soft archive. The Commissioner must download the complete available archive before the end of the access period. After the CMS access period, The People’s Picture is not required to provide copies of Content or Project data. Any request by the Commissioner for copies of Content or Project data from The People’s Picture after that date is an additional service, quoted in advance at a price on application. This does not limit any request relating to personal data, which is handled under the Joint Controller Agreement and Data Protection Laws.

12.4 Any deletion, restriction or access request relating to personal data will be handled under the Joint Controller Agreement, which prevails over this section if there is an inconsistency.

13.1 This clause applies where the Project includes a physical Artwork, digital projection or screen-based Artwork that requires ongoing inspection, testing, cleaning or maintenance after delivery. Unless otherwise agreed in writing, the Commissioner is responsible for the ongoing inspection, testing, cleaning and maintenance of the Artwork following its installation or delivery.

13.2 The Commissioner must inspect the Artwork regularly and, in any event, at least twice in each 12-month period following installation or delivery. Inspections must also be carried out before any public presentation where relevant to identify damage, deterioration, display issues, testing requirements or maintenance needs.

13.3 The Commissioner must arrange appropriate cleaning and maintenance of the Artwork at least twice in each 12-month period following installation and delivery and whenever reasonably required by the condition of the Artwork.

13.4 All inspection, testing, cleaning and maintenance must follow The People’s Picture’s guidelines or instructions and any manufacturer or supplier specifications provided for the relevant materials or equipment. The Commissioner should keep reasonable records of inspections and material maintenance work and provide them to The People’s Picture on reasonable request.

13.5 If the Commissioner fails to inspect, clean or maintain the Artwork in accordance with this clause, The People’s Picture may require the Commissioner to repair, suspend the display of or remove the Artwork where reasonably necessary to protect the integrity of the Artwork or The People’s Picture’s reputation.

13.6 The Artwork has a finite expected lifespan or may be intended as a temporary installation. Where applicable, the SoW will specify a Decommission Date (the “Decommission Date”), reflecting the date on which the Artwork’s intended purpose is expected to end or material wear and deterioration may reasonably be expected.

13.7 Where the SoW specifies a Decommission Date, the Production Agreement provides that the Commissioner’s licence ends on that date and the Commissioner must remove the Artwork in accordance with this clause. Where no Decommission Date is specified, the Commissioner must arrange an inspection of the Artwork’s condition on or around the end of its expected lifespan, or sooner if it shows material wear, and any decision to continue displaying, repair, replace or remove the Artwork must take account of the outcome of that inspection. The People’s Picture accepts no liability for deterioration, fading, or damage arising from ordinary wear, environmental exposure, vandalism, the Commissioner’s failure to comply with this clause or the expiry of the Artwork’s expected lifespan.

13.8 Materials, printing, fabrication and equipment used in connection with the Artwork may be supplied by third-party manufacturers. Unless expressly stated otherwise in the SoW, The People’s Picture does not provide any warranty as to the durability, lightfastness, weather resistance or working life of the Artwork beyond the applicable manufacturer or supplier specifications, at any point before or after the Decommission Date.

13.9 Where an inspection identifies that the Artwork should be repaired, replaced, removed or disposed of, the Commissioner is responsible for arranging and paying for the associated costs. If the Commissioner wishes to remove or decommission the Artwork independently of the inspection process, it must give The People’s Picture reasonable prior written notice. The parties must discuss in good faith the proposed manner of removal or decommissioning, taking account of the moral-rights provisions of the Production Agreement. The Commissioner is responsible for the associated costs unless otherwise agreed in writing.

14.1 The People’s Picture may use printers, installers, fabricators, software providers, cloud-hosting platforms, CMS developers and interactive-display providers to deliver the selected Services.

14.2 The CMS and interactive Artwork may depend on third-party infrastructure. If an outage, bug or service interruption occurs, The People’s Picture will notify the Commissioner as soon as reasonably practicable and will use reasonable endeavours to restore the affected service or provide a reasonable workaround. The People’s Picture shall not be liable for any losses caused from outages, bugs or other service interruption caused by third-party infrastructure, except to the extent such loss results from The People’s Picture’s failure to comply with its obligations under this clause.

14.3 The Online Artwork may be hosted using Micr.io or another third-party hosting platform selected by The People’s Picture. The technical functionality of a hosting platform, including any ability to embed or access hosted images, does not grant the Commissioner or any third party a right to use, embed, copy or reproduce the Online Artwork beyond the licence expressly set out in the Production Agreement and SoW.

14.4 All communications with The People’s Picture’s printers, fabricators and other suppliers must be routed through The People’s Picture unless direct contact has been authorised in writing. This mitigates potential errors in delivery.

14.5 The Commissioner must provide sufficient information about any issue and follow The People’s Picture’s reasonable troubleshooting and escalation instructions.

15.1 Any content, materials, images, statements or press releases to be published about the Project shall be agreed in writing between the parties prior to publication.

15.2 Any such publication and any public display of the Content or the Artwork (whether physical or online) shall credit the People’s Picture as the author and copyright owner of the Artwork. Unless another form of credit is stated in the SoW or agreed in writing, the credit is: ‘Created by The People’s Picture, Helen Marshall. The People’s Picture © Copyright The People’s Picture. thepeoplespicture.com. All rights reserved.’

15.3 The credit must be prominent and positioned next to the relevant Content or Artwork wherever reasonably practicable. It must not be altered, removed or repositioned without written agreement.

15.4 Online credits must include a working link to The People’s Picture’s website and the agreed logo where the format permits.

15.5 Press releases and other PR materials must include the agreed credit in the first paragraph. Social-media posts must identify and tag The People’s Picture as the creator in the first line and use the platform’s collaboration feature where reasonably available.

15.6 The Commissioner must ensure that any partner, venue, agency, contractor, supplier or other third party that it authorises or instructs to publish, display, promote or otherwise use the Content or Artwork complies with this clause 15 and includes the required credit. The Commissioner is responsible for any failure by such a third party to do so.

Where the Project involves physical installation, projection or a screen event, and where reasonably required, the People’s Picture’s printer, technician, sub-contractor or supplier shall conduct a site visit and prepare a method statement and risk assessment (“RAMS“). The Commissioner shall provide reasonable access to the site, disclose relevant site conditions and review and approve the RAMS in writing before installation proceeds. Any failure to provide timely access, information or approval, or any material undisclosed change to the site conditions caused by the Commissioner or its suppliers, will be treated as a Commissioner-caused delay under the Production Agreement. Review or approval of the RAMS does not transfer or discharge any party’s statutory health and safety duties, where applicable.

17.1 The People’s Picture will publish each version of these Service Terms with an effective date and will retain a record of previous versions.

17.2 The People’s Picture may make non-material operational changes, including changes to processes, contact routes or technical instructions, by publishing an updated version and giving reasonable notice where the change affects an active Project.

17.3 A change required urgently for security, legal or regulatory reasons may take effect on notice, provided it does not materially reduce the Commissioner’s contractual rights or materially increase its obligations.

17.4 A material change affecting an active Project will not apply unless agreed in writing by the parties.

17.5 The version incorporated into a new Production Agreement or SoW applies to that new Project.