Terms and Conditions for the supply of Photography / Video services and products
1.Definitions
“ A P Photography “ refers to A P Photography registered address (all correspondence):
1 Ullswater Drive, Cheadle, Staffordshire, ST10 1SU
“The Photographer” refers to employees of A P Photography
“The Client” means any person, body of persons, firm or Company with whom A P Photography enters into a verbal or written contract for the sale of goods or provision of services with.
2. Acceptance of Terms and Conditions
All contracts and transactions between A P Photography and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between A P Photography all or any of its Clients.
3. Copyright and Ownership
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all media created by the Photographer / Videographer is owned by the Photographer. Terms of usage should be arranged before the job is carried out. If this does not happen then it is assumed that the client will receive a 1 year unlimited usage term for images supplied by A P Photography. The licence to reproduce such images is granted to the Client on the understanding that all invoices are paid within the A P Photography payment terms.If the Client wishes to own the copyright to the images outright, an agreement must be made between A P Photography and the Client and an extra fee will be charged. A P Photography / The Photographer reserve the right to make reproductions of images created during assignments for website usage, marketing, promotional, competition and editorial purposes.
4. Cancellation Fees / Overruns
If a booking is cancelled by the Client within one working day of the starting time, A P Photography reserves the right to charge the full fee for the assignment. For cancellations/postponements due to weather conditions, A P Photography reserves the right to charge a reduced fee and expenses. In such instances, A P Photography charge in full for expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees etc), that may have incurred prior or during the assignment taking place. A P Photography make additional charges should an assignment overrun which is beyond the control of the Photographer (e.g. including but not limited to; the Client requesting additional photographs over and above the Client’s original brief etc).
5. Payment Terms
For all non corporate clients (personal/family), payment for all products and services provided by A P Photography must be made upon completion of the assignment. For corporate clients, payment of A P Photography’s invoice must be made within 14 days of the date of that invoice. A P Photography reserve the right to charge interest on all overdue invoices at a rate of 5% per month until the said invoices have been paid in full. In addition to this, a one off fee may be charged in accordance with legislation.
6. Retention of Title
A P Photography reserve the right to retain all of the Clients materials until all monies owed to A P Photography been paid in full. Furthermore, the licence to reproduce images created by A P Photography can also be revoked until payment has been made.
7. Fees and Expenses
All prices quoted to the Client apply only to the original job description and specifications given to A P Photography by the Client. A P Photography reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, A P Photography shall endeavour to provide an indication of what these additional charges will be.
8. Representation
Where possible, the Client should ensure that there is an authorised representative present at the assignment to ensure the correctness of the Photographer’s interpretation of the Client’s brief. In the event of no Client representation, the Photographer’s interpretation of the brief shall be deemed as correct.
9. Colour Matching
Due to the nature of materials and processes, it is not possible to guarantee 100% colour matching. However, the Photographer will endeavour to provide the closest possible match both on the shoot and digitally afterwards.
10. Delivery Shortages / Loss and Damage in Transit
Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.A P Photography will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit. A P Photography will not accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, A P Photography provide suitable loss/damage cover for an additional charge. Clients who choose to have items returned to them without loss/damage cover do so at their own risk.
11. Confidentiality
The Photographer acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law.
12. Conduct
The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. A P Photography reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, A P Photography reserve the right to charge full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse A P Photography for any loss/damage they cause to property or equipment.
13. Liability
The Client agrees that in all dealings with A P Photography, liability will be limited to the following sums:
Public Liability: Limit of indemnity – £10,000.000.
14. Delivery of Products and Services
The supply of products and services are provided by A P Photography on a best endeavours basis. A P Photography will not be liable for delays that are beyond reasonable control. A P Photography shall use reasonable endeavours to meet agreed deadlines where applicable. A P Photography shall not be liable for any delays in meeting any obligations which were due to causes beyond reasonable control including but not limited to; postage/courier, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
15. Prices & Terms
All prices shown within A P Photography’s price list are subject to change without prior notice. A P Photography reserves the right to amend these Terms and Conditions without prior notice.
16. Rush Services
A P Photography the right to make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.
17. Images/Data Supplied in Electronic Format
For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, flash drive etc), A P Photography endeavour to ensure that the data sent is not corrupt and is virus free before despatch. A P Photography cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or virus-free.
18. Law
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.