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CH-PHOTO
Your specialist photographic service |
Civil Partnership Photographers
London
Terms & Conditions
Ordering of photographs and related photographic products:
1. The following words or expressions shall have the meanings stated:
“the Photographer” means a representative of CH-PHOTO Ltd.
“the Customer” means the person identified as the customer who has either completed an online order form, or created a manual order from an online album, faxed or posted to CH-PHOTO Ltd.
"the Carrier" means the company selected to deliver the Order
“Material” means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer.
“Order” means any request, order, commission or instruction by or on behalf of the Customer for creation of Material by the Photographer.
“Price” means the price for an Order as set out on an email quotation.
2. All items ordered by the Customer must be paid for in full in advance of CH-PHOTO Ltd. creating an order with its suppliers.
3. Failure to make payment in advance will result in the non-order of goods.
4. In the event the Customer requires a Photograph album or DVD produced, the Customer will specify which images from the online album required to complete the Order.
5. All products are non-returnable, except any that arrive damaged, subject to the Carrier paperwork being marked accordingly.
6. It is the Customers resposibility to check the packaging of the delivered Order, and mark any damage on the Carriers paperwork accordingly. If the Customer does not report damage, then a claim may subsequently not be paid by the Carrier.
7. If any item ordered has not arrived within 21 days, it is the Customer's responsibility to report the shortage to CH-PHOTO Ltd. CH-PHOTO Ltd. will then raise the concern with the Carrier to establish the issue.
8. The Photographer retains full copyright of all Material.
9. The Price is as set, and found within the online album from which the order was raised. This Price will not change, unless a change of legislation such as the raising of VAT is implemented by the government.
Booking our photographic services:
1. The following words or expressions shall have the meanings stated:
“the Photographer” means a representative of CH-PHOTO Ltd.
“the Customer” means the person identified as the customer who has either completed a 'contact us' online form, telephoned or emailed CH-PHOTO Ltd.
“Material” means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer.
“Order” means any request, order, commission or instruction by or on behalf of the Customer for creation of Material by the Photographer.
“Price” means the price for an Order as set out on an email quotation.
2. Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.
3. Copyright in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the Material, save as:
3.1 specifically set out in these Terms and Condition or
3.2 may otherwise be agreed by the Photographer in writing.
4 In consideration of the Price the Photographer will undertake such work as is necessary to fulfil the requirements of an Order.
4.1 In consideration of the Photographer’s agreement in paragraph 4 above the Customer will pay the Price in accordance with the provisions set out in paragraph 5 below.
5. An Order shall be subject to the following provisions:
5.1 The Photographer shall be entitled to require a deposit payment on account of the Price in such sum as may be agreed between the Photographer and the Customer prior to the taking of any steps to create any Material.
5.2 In the event of a cancellation of an Order by the Customer, the Photographer shall, in any event, be entitled to retain the deposit paid and/or agreed.
5.3 The Photographer shall be entitled to agree to regard any Order that is not evidenced in writing as invalid.
5.4 The Photographer licences the Customer to utilise the Material produced as a result of the Customer’s Order to the extent set out in writing between the Customer and the Photographer. Any breach of such licence shall automatically revoke such licence without further notification from the Photographer.
5.5 Unless specifically otherwise agreed in writing between the Photographer and the Customer, the Photographer is entitled to utilise Material ordered by the Customer for the advertising, marketing and promotion of the Photographer’s business.
5.6 The Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.
5.7 Save as otherwise agreed between the Customer and the Photographer, the Photographer shall be entitled to use his judgement regarding the style and artistic input in the production of Material.
5.8 The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfil his obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury. However in such circumstance, the Photographer will endeavour to retake the Photographs at a mutually agreeable time.
5.9 On completion of the Photographer’s obligations under an Order, the Photographer shall deliver an invoice for the Price to the Customer and the Customer shall pay the Price (or any balance of it) within 30 days of the date of the invoice. Any sum outstanding after the expiry of 30 days shall have the following consequences:
5.9.1 Interest at a rate of 5% per annum above the base rate of Barclays Bank plc shall accrue in respect of any outstanding sum.
5.9.2 Any licence granted by the provisions of paragraph 5.4 above shall be automatically revoked and shall only be capable of reinstatement upon payment of any outstanding sum plus interest and any other costs incurred by the Photographer.
6. The contractual relationship between the Photographer and the Customer shall be governed by the laws of England.
7. An Order, as evidenced by information on the confirmation email and as governed by and together with these Terms and Conditions shall form the entire agreement between the Photographer and the Customer, save as otherwise agreed in writing.
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