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.
1. DEFINITIONS:
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.

9. INDEMNITY:
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;

10. TERMINATION:
10.1 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.

10.2 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.

11. LAW:
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.

12. HEADINGS:
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

13. 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.

Privacy: We do not pass on your details to any other party without your express permission. This website does not use cookies. Your visit to this website does not record any of your personal data. If you contact us requesting information, we may need to contact you with the information you requested. We will make records of any contact information you provide. We do keep information on our database. Every reasonable effort is made to secure your information from intrusion.