passionate about professional photography and image production
Roberts Photography terms and conditions
TERMS OF SERVICE
All Users of services provided by Roberts Photography, by use of such services, accept the terms of business set out in the form of Service Agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.
This Agreement is made between us and you as defined in (1) below. The date of this Agreement is the date you order our services.
In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us" and "our" refer to Roberts Photography ("Roberts Photography"). This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. By selecting Roberts Photography' service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional Roberts Photography service(s) or to modify or cancel your Roberts Photography service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) for our services and the performance of our services will occur at our offices in Pickering, North Yorkshire, the location of our principal place of business.
2. ACCURATE INFORMATION:
As further consideration for the Roberts Photography service(s), you agree to: (1) provide certain current, complete and accurate information about you as required by the application process; and (2) maintain and update this information as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services. Our address for such notifications is "Address Changes, Roberts Photography, 4 St Nicholas Way, Pickering North Yorkshire YO18 8AY".
3. FEES, PAYMENT AND TERM OF SERVICE:
3.1. All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason you will be liable for a administration charge of £125;
3.2 All charges payable by you for the Services shall be in accordance with the scale of charges and rates agreed by us and shall be due and payable in on completion of our service provision.
3.3 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled to charge an additional administration fee.
3.4 Fees are not refundable. Roberts Photography may take all remedies available to collect fees owed. If you qualify, we may extend payment terms to you under our Customer Credit Program.
3.5. When a reminder has been sent for an overdue account and no steps are taken to make payment, a booking fee may be charged. We therefore urge all clients to settle all accounts on time.
4. INTELLECTUAL PROPERTY RIGHTS:
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed use of images;
4.1 All artwork and photography produced by Roberts Photography remains the property of Roberts Photography unless otherwise agreed in writing. You may not reproduce any of the artwork or photography in any commercial publication without written consent agreed by us in writing. Each individual publication requires individual authorisation in writing from Roberts Photography.
4.2. Under usual circumstances all photography produced as part of a commercial nature remains the property of Roberts Photography and is provided on a license to use to you basis, Roberts Photography are permitted to use any images we produce as we see fit and without any restriction.
4.3. Some photography commissions are provided with all rights of ownership of the said images passing to the client who has commissioned the work. A clearance in writing provided by Roberts Photography will be produced as part of the agreement of production and use.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred anyone in consequences of your breach or non-observance of this Agreement;
6.1 You may terminate any of the services at any time. However, no refunds can be made either for full amounts or deposits paid. If you pay the full amount on completion of a service, you accept that you have indicated your complete satisfaction with the service provided.
6.2 Roberts Photography shall not be liable for any claims made by you should we fail to attend any agreed event in order to produce photography. You should take all necessary steps including where you deem fit provide yourself with adequate cover to ensure that should we have to terminate our agreement, even at short notice - that you have made arrangements for alternative coverage. In such circumstances where we fail to show you will be entitled to a full refund of any deposits you have paid.
7. USE OF IMAGES AND PRINT SERVICES
7.1. Please note these terms specifically covering images which are displayed on my website, which you can also purchase as prints. They are made available to view on this page: BUY PRINTS
All prints are dispatched using an insured logistics provider and packed in protective materials to ensure their safe delivery to you. Please contact me immediately if your purchase arrives damaged in any way. Please inspect the product before signing for it in good condition.
All my photographic images are printed by a carefully selected specialist printer using the highest specification printing equipment, this is beyond the financial reach of almost all photographers. Although this eats at my potential earnings, it guarantees you the highest level of print quality.
Please be aware that everyone with a computer has their screen set differently, there may be some differences to the light and colour tones in the actual printed image compared to what you see on screen. Images are cropped to maximise the impact of the image which may be slightly different to what you see on a computer screen.
7.2. COPYRIGHT INFORMATION
All images are covered under strict copyright and must not be reproduced without written permission. If you have not received written permission from me, then you should not copy the images.
7.3 Use Online
Any use online requires permission. If you copy or publish any of these images on your website, particularly a commercial website - without permission then you will have entered into this agreement.
7.4. The agreement for reusing images without permission:
Commercial usage on a commercially operated website: You agree, each image will be charged to you at the maximum commercial rates.
7.5. Non commercial use:
Please note: If you make any income from your website regardless of how that income is generated, then it is considered as a commercial website and by reusing the mentioned images without permission, then you have agreed to the commercial terms above. If you use my images for personal use on your own website you must include the following link and credit: Copyright © Dave Roberts - See: http://www.robertsphotography.co.uk/ You can also link directly to the page containing the original images. You must not under any circumstances claim ownership or copyrights over the images.
7.6. USE BY REGISTERED CHARITIES:
Images should be credited to Dave Roberts on every page they are used on and a link to: http://www.robertsphotography.co.uk/ Much larger resolution images can be provided at discounted rates. This agreement applies to EU registered charities only. It does not apply to any organisation claiming charity work who do not have a registration number. It does not apply to charities registered outside of the EU - this is not negotiable.
This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
10. ENTIRE AGREEMENT:
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.