Conditions of use of the Services and Websites of Impact Photography

Impact Photography
Preston
Tel: (07514) 531827
Email: enquiries@impact-photography.co.uk
All goods and services include VAT at the prevailing rate unless otherwise stated (VAT Reg: 993 4654 71) and are supplied on the understanding that all of the following is accepted by the Client and those acting on their behalf. It is the User or Client’s responsibility to read and understand them fully.

OUR WEBSITES:

(The following refers to www.impact-photography.co.uk and any other addresses used as an alias or referring site or page to reach our website.)

Copyright – The entire contents of the Site are protected by international copyright and trademark laws. Owners of such copyright, are the website author, and other parties. YOU MAY NOT MODIFY, COPY, REPRODUCE, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THIS SITE, UNLESS EXPLICIT PERMISSION IS GRANTED IN WRITING. All those involved with the production and delivery of this website have endeavoured to ensure that all content is the property of themselves, or is free for use within the public domain. If you are aware of any infringement of any other party’s copyright. Please contact us, whereupon the items will be removed. Claims WILL be persued.

TRADEMARKS: “impact photography” is the registered trademark ® of Impact Photography, together with the ‘IP’ logo and may not be used by any other party. All trademarks, servicemarks and company names mentioned on this Site are the property of their respective owners.

USE OF THIS SITE: You understand that products or services referred to on this site, are not necessarily endorsed by this site. You also understand that no guarantee or warrant is made, that any files available for downloading through this Site or elsewhere, will be free from infection of viruses, or other code that manifest contaminating or destructive properties. You are totally responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET. THIS SITE AND RELATED INFORMATION IS PROVIDED “AS IS”. NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE OR ON THE INTERNET GENERALLY, AND NO LIABILITY FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION IS ACCEPTED. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THIS SITE OR ON THE INTERNET GENERALLY. THERE IS NO WARRANT THAT THIS SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR–FREE OR THAT DEFECTS IN THIS SITE OR SERVICE WILL BE CORRECTED. Any submission to the website or blog, or any email sent to Impact Photography may be used in whole or part, by Impact Photography on any other part of the website and is assumed to be have been submitted for that purpose.

BLOG ENTRIES: The Blog on this website is designed to be a communication and comment forum which is open to the public who may submit entries and opinions. Whilst every effort is made to prevent the inclusion of anything illegal or profane, Impact Photography can not guarantee this. Therefore the blog is used or viewed at YOUR OWN RISK. Links may appear on the blog that may be used to link to other blogs, websites, or resources. Impact Photography has no control over the linked sites or the materials, information, goods or services available or contained on these linked sites. Impact Photography is not responsible for and does not endorse in any way the materials, information, goods or services available through such linked sites or any privacy or other practices of such sites. Impact Photography does not warrant that any information is complete or accurate or that any information or links provided are free of damaging programming or viruses. If you decide to view the blog or access any of the linked sites, you do so entirely at your own risk. Impact Photography reserves the right to terminate any link at any time and remove or reject any material without giving reason.

OUR SERVICES:

TERMS AND CONDITIONS

INTERPRETATION

In these Terms and Conditions (terms), the following words and phrases shall have the following meanings: ” the client ” means the client of Impact Photography. ” Contract ” means the contract between Impact Photography and the client which shall be deemed to incorporate these Terms; ” Goods ” and ” Services ” means any goods and/or services agreed in the Contract to be supplied by Impact Photography to the client; ” Delivery ” means the delivery of the Goods to Impact Photography’s premesis. In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.

THE CONTRACT

The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the client. No terms and conditions contained in the confirmation of order, purchase order or other document of the client will form part of the Contract. The following Terms and Conditions of Service apply to all products and services provided by Impact Photography. Impact Photography carries out all work on the understanding that the client has agreed to Impact Photography’s terms and conditions. Copyright is retained by Impact Photography on all design and photography work including words, pictures, ideas, and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design or photograph image is presented, only one solution is deemed to be given by Impact Photography as fulfilling the contract. All other designs or photographic images remain the property of Impact Photography, unless agreed in writing that this arrangement has been changed.

ACCEPTANCE

At the time of proposal, Impact Photography may provide a written estimate or quotation. Payment of the deposit/retainer by the client indicates acceptance of these Terms & Conditions and also any proposal or estimate. Alternatively the client may send an official order in reply to the estimate or quotation, which binds the client to accept Impact Photography’s terms and conditions. No work on a project will commence until Impact Photography has received this document or cleared deposit.

DURATION

Any indication given by Impact Photography of work duration is to be considered by the client to be estimation. The duration should be deemed to be from the date that the cleared funds are received by Impact Photography for the initial payment or by date confirmed in writing by Impact Photography.

AMENDMENTS

The client agrees that amendments required over and above the estimated work or required to be carried out after acceptance will be liable to a separate charge. The client also agrees that Impact Photography holds no responsibility for any amendments made by any third party, before or after an image or other work is either delivered by Impact Photography or completed.

COMPLETION

Impact Photography considers the work completed upon delivery and also receipt of cleared full payment from the client. Other services such as printing, display production, publishing etc contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

RIGHTS OF REFUSAL

Impact Photography will not include in it’s projects, any text, images or other data, which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Impact Photography also reserves the right to refuse any work package or submitted material without giving reason. If any images and/or data that Impact Photography does include in all good faith, are found to contravene these terms and conditions, the client is obliged to allow Impact Photography to remove the contravention without hindrance, or penalty. Impact Photography is to be held in no way responsible for any such data being included.

MATERIALS SUPPLIED BY THE CLIENT

Impact Photography will take all reasonable care in the handling and processing of all materials belonging to the client. The liability of Impact Photography for loss or damage to the clients products, however caused, shall be limited to a maximum of £50 or to the agreed cost of the work package, whichever is the lower amount. Impact Photography shall not be liable for any consequential losses, special damages or other indirect losses, however arising. It shall be the responsibility of the client to ensure adequate and appropriate insurance cover in the event of the value of products exceeding £50. It shall be the responsibility of the client to insure any products or materials deposited with Impact Photography for the purposes of the order or in transit to or from Impact Photography.

RISK IN AND OWNERSHIP OF THE GOODS

Risk in the Goods shall pass to the client on delivery. Ownership of, or licence to use, the Goods shall not pass to the client until Impact Photography has received in full, all cleared funds and sums due in respect of the Goods and all other sums which are or may be due to Impact Photography from the client on any account.

Until ownership of the Goods has passed to the client, the client shall:

♦ Hold the Goods on a fiduciary basis as Impact Photography’s bailee:

♦ Store the Goods separately from all other goods of the client or any third party in such a way that they remain identifiable as Impact Photography’s property:

♦ Not destroy or deface any identifying mark on the Goods on their packaging:

♦ Maintain the Goods in satisfactory condition insured with Impact Photography’s interest noted on the policy and hold any proceeds of such insurance on trust for Impact Photography and not mix them with any other money.

DESIGN AND COPYRIGHTS AND TRADEMARKS

By supplying text, images and other data to Impact Photography for inclusion in any work for the client, the client declares that it holds the appropriate copyright and /or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Any artwork, images or text supplied and/or designed by Impact Photography on behalf of the client, will remain the property of Impact Photography and/or its suppliers.

The client may request in writing from Impact Photography, the necessary permission to use materials (for which Impact Photography holds the copyright) in forms other than for which it was originally supplied, and Impact Photography may, at its discretion, grant this. Such permission must be obtained in writing before any of the aforesaid artwork, images, text or other data may be used, and may be chargeable by Impact Photography.

By supplying artwork, images, text or any other data to Impact Photography, the client grants Impact Photography permission to use this material freely in the pursuit of the design and work package. Should Impact Photography, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Impact Photography to remove and/or replace the file.

The client agrees to fully indemnify and hold Impact Photography free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.

All images or photographs supplied by Impact Photography remain the property of Impact Photography and full worldwide copyright is retained unless explicitly agreed in writing. Where images are shown for the purposes of selection or approval, these may be Watermarked at the discretion of Impact Photography. All images supplied by Impact Photography without financial exchange (for example “Time For Prints”) will be supplied with a visible Credit or Copyright notice. Under no circumstances may Credits, Copyright Notices or Watermarks be removed or altered. Claims will be pursued for any Copyright infringement.

LICENCING

Any image, design, or idea created for the client by Impact Photography, or any of it’s contractors, is licenced for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Impact Photography and any of it’s relevant sub-contractors.

The client should register all design work-where there is a risk that another party may make a claim, with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Impact Photography will not be held responsible for any and all damages resulting from such claims. Impact Photography is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Impact Photography responsible for any such loss or damage. Where Impact Photography wishes to use images, designs or ideas created for the Client for it’s own self promotion. This will be agreed in writing and may be in the form of a Model Release or other Agreement.

DATA FORMATS

The client agrees to Impact Photography’s definition of acceptable means of supplying data. Text is to be supplied to Impact Photography in electronic format as standard text (.txt), MS Word (.doc), on CD-ROM, or via e-mail. Images that are supplied in an electronic format are to be provided in a format as prescribed by Impact Photography via DVD, CD-Rom, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Impact Photography will not be held responsible for any image quality that the client later deems to be unacceptable. Impact Photography cannot be held responsible for the quality of any images that the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography searches, media conversion, digital image processing, or data entry services.

PRICING

All charges will be clearly provided by Impact Photography in the estimate or quotation that is provided to the client. The client’s acceptance of this estimate or quotation and the Terms & Conditions, will be indicated by providing a non-refundable deposit of an agreed amount. Work will not commence until Impact Photography has received this amount and until such time any bookings made are not considered firm. At the sole discretion of Impact Photography this deposit may be waived. Impact Photography reserves the right to define payment milestones and to stage invoices throughout the life of a project.The Charge for the clients products shall be inclusive of all costs of carriage which will be advised at the commencement of the work.

PAYMENT TERMS

Subject to Impact Photography’s Pricing Policy, payment of the price of the Goods shall be at time of order acceptance, or at the discretion of Impact Photography, 14 days from the date of Impact Photography’s invoice for the Goods. Payment shall not be deemed to have taken place until the receipt by Impact Photography of cleared funds.

DEFAULT

An account shall be considered in default if it remains unpaid for 14 days from the date of invoice, or following a returned cheque. Customers whose accounts become default agree to pay Impact PhotographyÕs reasonable legal expenses and all third party collection fees in the enforcement of these Terms and Conditions.

WARRANTIES

Impact Photography warrants that the Goods are of satisfactory quality for a period of 12 months from date of delivery. If the client wishes to make claim under this warranty, the client shall give written notice to Impact Photography within 30 days of the discovery of the defect and return the Goods at the client’s expense to enable Impact Photography to inspect the Goods in question. Impact Photography shall not be liable for any breach of warranty if the client makes any further use of the Goods after giving notice or the Goods have been altered or repaired without the agreement of Impact Photography. Impact Photography’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the original price of such Goods.

CANCELLATION

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Impact Photography will need formal notification in writing to Impact Photography’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit/retainer that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Impact Photography within 14 days of such instruction being issued, will be liable for the full quoted cost of the work.

DELIVERY

Unless otherwise agreed in writing, the Place of Delivery shall be Impact Photography’s premises and the client shall take delivery within 7 days of Impact Photography notifying the client that the Goods are ready for delivery. Once informed in writing, the Client agrees to collect all materials comprising the order and any materials supplied as contributions to the order, within 90 days. All materials which remain uncollected after this time are assumed for disposal in any way Impact Photography sees fit. Any dates specified by Impact Photography for delivery of the Goods are intended to be an estimate only. If no date is specified for the delivery of the Goods, delivery shall be within a reasonable time. Subject to the other provisions of these Terms, Impact Photography shall not be liable for any loss whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the client to terminate or rescind the Contract unless the delay exceeds 60 days.

DISCLAIMER

Impact Photography makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Impact Photography will not be held responsible for any and all damages resulting from products and/or services it supplies. Impact Photography is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, whatever cause. While we take reasonable steps to investigate the materials we recommend, Impact Photography accepts no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold Impact Photography responsible for any such loss or damage. Any claim against Impact Photography shall be Limited to the relevant fee(s) paid by the customer. Impact Photography reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Impact Photography will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.

FORCE MAJEURE

If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure. If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect. These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.

INFORMATION & DATA STORAGE AT IMPACT PHOTOGRAPHY

Impact Photography takes information very seriously. Records of clients are held only for the purposes of recording work carried out and for internal marketing only. As such Impact Photography is exempt from the requirements of the UK Data Protection Act. Impact Photography will never sell or pass on client details to any other company. The permanent storage of all photographs and images relating to work completed is to enable fulfillment of future orders to clients (for example, following the loss or damage to a Wedding Album). All information, data and photographs are securely stored and protected to the very best standard available to Impact Photography.

These Terms and Conditions are subject to review at any time. The version in force at the time of ACCEPTANCE by Impact Photography will remain in force throughout that contract or work package unless otherwise agreed between the CLIENT and Impact Photography. Please ensure you revisit this page to avail yourself of the current Terms and Conditions.