Terms & Conditions

Nicola Harding

Trading as Flamingo Photography

283 Brinsworth Road, Brinsworth, Rotherham, S60 5EL

07548485041

nicola.harding@flamingophotography.co.uk

Terms & Conditions

1.1       The following words or expressions shall have the following meanings stated:

Photographer’ means Nicola Harding trading as Flamingo Photography.

Client’ means the person identified as the client on an Order Form, Quotation or Invoice.

Order Form’ means the form (whether or not printed on the reverse of these Terms & Conditions) completed by the Client by which the Client instructs the Photographer to create Material.

Material’ means all the photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, and/or any other photographic product or other product compromising or containing reproduction of any form of photographic material, and which has been created the Photographer in whatever medium.

Order’ means any request, order, commission or instruction by or on behalf of the Client for the creation of Material by the Photographer.

Price’ means the price for an Order as set out on an Order Form.

2.1    Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms & Conditions.

2.2     The Photographer shall be entitled to regard any Order that is not evidenced in writing as invalid

3.1   In consideration of the Price the Photographer will undertake such work as is reasonably necessary to fulfil the requirements of an Order.

3.2   In consideration of the Photographer’s agreement in paragraph 5.1 above the Client will pay the Price in accordance with the provisions set out in paragraph 6 below.

4.1   Every Order shall be subject to the following provisions:

4.2   The Photographer shall be entitled to require a 20% deposit of payment of the Price on receipt of an Order prior to taking any steps to create any material.

4.3   In the event of a cancellation of an Order by the Client, in addition to any entitlement to claim damages for losses arising from such cancellation the Photographer shall, in any event, be entitled to retain the deposit paid and/or agreed.

4.4   Unless specifically otherwise agreed in writing between the Client and the Photographer, the Photographer is permitted to utilise Material ordered by the Client for the advertising, marketing and promotion of the Photographer’s business.

4.5   The Photographer shall be entitled to sub-contract her obligations under an Order at her discretion.

4.6   The Photographer shall not be liable to the Client 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 her reasonable control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.

4.7   In such circumstances as stated in 4.6 any deposit that has been paid to the Photographer by the Client will be then be refunded.

4.8   On delivery of proofs, the Photographer shall be entitled to deliver an invoice for the Price to the Client and the Client shall pay the Price (or any balance of it) within 30days of the date of the invoice.

4.9   Any sum outstanding after the 30days expiry date will incur interest at 4% above the base rate or 6% per year, whichever is the greatest.

4.10   Any license granted by the provisions of paragraph 4 above shall be automatically revoked and shall only be reinstated upon payment of any outstanding sum plus interest and any other costs incurred by the Photographer.

5.1   The Invoice shall state all photographs to be delivered to the Client using the image number as a unique reference. The photographs & any other Material shall be presumed to have received in good condition unless the Client notifies the Photographer in writing of any discrepancy or error within 14 days of receipt.

6.1   All rights reserved. No part of the Photographers Material may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner.

Copyright in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as release, transfer, assignment or other disposal of the Photographer’s rights in the Material, unless:

6.2   specifically set out in these Terms and Conditions or

6.3   is otherwise be agreed by the Photographer & the Client in writing

7.1   Permission to reproduce Material applies only to the reproduction agreed in writing and set out in the Order Form. No other reproduction of Material is allowed without a formal written license signed by the Photographer. This includes reproduction of any Material in whole or in part as an element within, or as a montage with any other Material.

7.2   The right to reproduce any material granted by the Photographer is personal to the Client and may not be assigned to any third party without the Photographer’s prior written consent.

7.3   The Client may not alter or add to or manipulate Material by the means of computer or any other technique.

7.4   Unless otherwise agreed by the Photographer and the Client, the Photographer shall be entitled to use her judgement regarding the style and artistic input in the production of the Material.

8.1   The Invoice shall state all photographs to be delivered to the Client using the image number as a unique reference. The photographs & any other Material shall be presumed to have received in good condition unless the Client notifies the Photographer in writing of any discrepancy or error within 14 days of receipt.

9.1   The laws of England shall govern the contractual relationship between the Client and the Photographer.

10.1   An Order, as evidenced by information on the Order Form and as governed by and together with these Terms & Conditions shall form the entire agreement between the Photographer and the Client, unless otherwise agreed in writing.