Terms and Conditions DH Photography LTD (SCOT.)
1.Definitions
1.1.”The Photographer” means DH Photography LTD, Unit 5, 75 Trafalgar Lane, Edinburgh, Scotland, EH6 4DQ, registered at the Companies House under SC559220.
1.2.”The Client” means the person or organisation to whom the invoice is addressed. (whether or not the Client is acting for a third party);
1.3.”Photo/photography” means any photograph, transparency, negative, design, artwork, painting, engraving, digital image file or any other item which may be offered for the purpose of reproduction taken by DH Photography LTD (or other such photographer who we shall choose in consultation with you)
1.4.”Photo Services” means the event or series of events during which we shall provide photographic services to you e.g. for a Wedding this shall be the Wedding Day or for a portrait this shall be the day of taking the portrait(s).
1.5 “Additional Services” – Means any other service which is requested either before, or during the event with the approval of the Photographer including but not limited to :
1.5(a) lighting and special effects equipment hire
1.5(b) smoke machine hire
1.5(c) dance floor hire
1.5(d) wedding/special occasion car hire
1.5(e) table linen, chair covers &chair décor hire
1.6. “Booking Form” - A booking form signed by you further detailing the Photo Services, or/and any Additional Services required
1.7 “Booking Fee’’ shall be the fee as estimated by the Photographer as quoted to the Client ,but subject to such increases where additional work is required or Additional Services are provided.
1.8 “Data Protection Legislation” means the GDPR, DPA 2018 and all applicable Laws relating to the processing of Personal Data;
2.Whole Contract
2.1.These terms shall represent the whole contract between the Photographer and the Client. They may be varied only by written agreement between the parties.
2.2. We reserve the right to substitute an item for an alternative design i.e. if breakages, delayed returns, lost items have occurred as a result of a previous customer order. Any necessary substitutions will be communicated prior to your order being dispatched.
2.3. We reserve the right to withdraw our acceptance of your order if the Photo Services or /and the Additional Services requested are not readily available to us and will refund in full any payment you have made.
3.Interpretation
3.1 The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
4.Enforceability
4.1 In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.
5. Ownership and Copyright
5.1 The copyright of all photography shall be retained by DH Photography LTD, (the “Photographer”), and cannot be used by a third party organisation unless pre-agreed in writing with DH Photography LTD.
5.2 The Photographer asserts the right to be credited as the author of the Photos in accordance with the Copyright, Designs and Patents Act 1988 . and any amendments or re- enactments or additional legislation of a similar type. Any unauthorised reproduction of any Photos will constitute a breach of copyright.
5.3 The Photographer can release a commercial licence to use the photography for magazines prospectuses, exhibitions, displays, banners, posters, adverts,school marketing brochures, websites and any material produced for the cost of £700 per image.
6.Exclusivity
6.1 Clients have the licence to use the photography without seeking permission for internally produced publications such as internal magazines, newsletters, intranet websites but excluding prospectuses, exhibitions, displays, banners, posters, adverts,school marketing brochures, websites and any material produced by a third party supplier.
6.2 The Photographer retains the right in all cases to use the Photographs in any manner at any time for the purposes of advertising or otherwise promoting his/her work.
7.Artistic Input
7.1.The Photographer shall be entitled to use his judgement in relation with the style and artistic input in the production of the pictures. The editing process is an important part of the finished image and reflects the artistic style of DH Photography. Images are edited before presenting to Client. Additional edits are carried out at the discretion of the Photographer, and the Photographer reserves the right to charge the Client for additional editing to cover time involved. Raw files are not available for purchase by the Client.
8. Client Confidentiality
8.1.DH Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography, in accordance with the Data Protection Legislation. DH Photography will not resell any clients images to a third party under any circumstances unless agreed in writing, by the Client.
9. Booking Fee and Balance
9.1. A £290 deposit is required. Once this has cleared your Photo Services and/or any Additional Services will be reserved.
9.2.The remaining Balance of £700 shall be paid in full 30 days before the Photo Services, including any Additional Services to be provided.
9.3 Payment due date will be clearly noted on the relevant invoice.
10.Payment
10.1.Payment will be made by the following methods: Debit/Credit card; same day Bank transfer.
10.2 Late Payment Interest. Payments required to be paid by the Client pursuant to this Contract shall, if overdue, bear interest at the rate equal to eight percent (8%) over the Bank of England base rate for business to business transactions.The payment of such interest shall not preclude the Photographer from exercising any other rights it may have because any payment is overdue.
11. Cancellation
11.1.A booking is considered firm as from the date of deposit payment confirmation.
11.2 DH Photography will charge a fee for cancellation. When a booking is cancelled, the percentage of the booking fee charged as a cancellation fee will depend on the amount of time still to elapse before the photography date.
12. Indemnity
12.1.The Client agrees to fully indemnify DH Photography in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party. Obtaining parental consent for student/child photography usage is compulsory and should be undertaken in advance by the Client. The Client shall be responsible for obtaining such clearances and will indemnify DH Photography against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
13.Liability
13.1.Our entire liability for any breach of this terms or any representation, act or omission (including negligence) shall be limited to our fee in relation to the Photo Services or/and any Additional Services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
13.2. The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction , or are lost in the mail or otherwise lost or damaged where the Photographer is not liable.
13.3 Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from negligence; or any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
14. Short Notice
14.1.DH Photography reserves the right to make an additional charge should the Client request a Short Notice service. This service is subject to availability and cannot be guaranteed.
15.Delivery
15.1.The photographer will endeavour to deliver digital negative files as quickly as possible.
However this could take up to 6 weeks .
15.2.DH Photography shall use reasonable endeavours to meet agreed deadlines where applicable.
16.Images/Data Supplied in Electronic Format
16.1.For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD’s/DVD’s etc.), DH Photography will endeavour to ensure that the data sent is not corrupt and is virus-free before despatch. DH 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 DH Photography is not corrupt and/or virus-free.
17.Client Conduct
17.1 No member of staff should be required or feel obliged to deal with any client either face to face, over the phone or in correspondence, who is exhibiting threatening, abusive or violent behaviour. In any of these circumstances a member of staff has the right to refuse to deal with that client and should refer the client to their immediate supervisor. Threatening behaviour is defined as, but not limited to, threats of violence to members of staff or any other person which is, for example; sexist, racist or homophobic; including intimidating language, swearing and/or aggressive body language.
18. Force Majeure
18.1.DH Photography shall not be liable to the Client or be deemed to be in breach of the contract for reason of any delay in performing or any failure to perform, any of DH Photography obligations in respect of the Services, if the delay or failure was due to any cause beyond DH Photography reasonable control including (without limitation) any failure to provide the Services occasioned by strikes, inclement weather, civil unrest, etc.
19.Applicable Law
19.1. These Terms are governed by the laws of Scotland, and are subject to the exclusive jurisdiction of the Courts of Scotland.