For the purpose of these Terms and Conditions the following definitions will apply. They do not reduce the client’s legal rights but are stated specifically to avoid misunderstanding:
the “Company” means Images for Industry Ltd; “the client” means the buyer of services from the Company; “services” means the utilisation of skills and / or equipment and / or facilities supplied by the Company ; “goods” means any tangible items agreed in the estimate or contract to be supplied by the Company to the client; “contract” means the agreement, either verbally or in writing, for the provision of services from the Company and shall be deemed to incorporate the terms and conditions in this document; “estimate” means the provision, verbally or in writing, of an estimated price and / or description of services to be carried out by the Company based on information provided, verbally or in writing by the client, and shall be deemed to incorporate the terms and conditions in this document. Pricing and description of services provided on the Company’s web-site will not constitute an estimate or a contract.
Contract & Variation
The acceptance by the client of services offered, whether verbally or in writing, whether by contract or estimate, shall be deemed an acceptance of these terms and conditions and shall over-ride any terms and conditions stipulated by the client whether referred to or contained in his / her enquiry, order or otherwise. These terms and conditions shall not be be varied except by agreement in writing with signed acceptance by the Company.
Copyright & licensing
The Company retains copyright of all photography undertaken for the client and reserves the right to show or display the images at will.
Upon receipt of full payment of the invoice issued by the Company the client is licensed to use the images provided for the purpose of direct promotion of their own business for an indefinite period worldwide, but is excluded from selling, giving or granting permission for the use of the image to any other business (even if that business is within the client’s own group of companies) agent or person without the express permission of the Company. The Company reserves the right to charge for the use of the image by any third party in the circumstances outlined above or to withhold permission.
Any client agreeing these terms and conditions will agree to include a named credit for the Company on published material on request, and to the Company using the client's name in promotional information.
Pricing & Payment Terms
Where an estimate has been provided the price stated is open for acceptance by the client within thirty days and will automatically expire after thirty days from the date of the estimate; after thirty days a new price may be requested by the client from the Company.
Once the estimate is accepted, and providing the description of services remains unaltered by the client and providing the services are begun within a period of twelve weeks from the date of estimate, the price agreed will be the price invoiced, subject only to price fluctuations as determined below.
The Company shall be entitled to make reasonable variations in the agreed price if the costs of materials, taxes and / or duties on which the estimate is based increases or decreases before completion of the works.
All prices given in estimates or contracts are exclusive of VAT, which is payable at the standard rate (currently 20%).
Standard terms of payment is payment in full for services immediately upon delivery. Other non-standard terms may be agreed at the discretion of the Company. The Company reserves the right to request a non-refundable deposit of 50% of the estimated price prior to work being started. If a requested deposit is not received then the Company reserves the right to suspend or abandon the services being provided.
Other interim payments may also be requested and details will be agreed between the Company and the client in writing.
Where the client wants specific goods purchased from a third party on his or her behalf by the Company, full payment for these items will be required from the client in advance of any order being placed with a third party. The Company reserves the right to charge an administration fee for this service.
Where the client has any query or concern relating to the invoice this must be raised immediately upon receipt. Services cannot be disputed for any subjective reasons of eg artistic style or composition.
Where payment of an invoice is overdue the Company reserves the right to charge the client a daily rate equal to 4% above the BoE’s current base lending rate for the duration of the period in excess of 14 days up until payment is received in the Company’s bank account.
If the contract for services is suspended, delayed or varied at the client's request, or for any other cause beyond the Company's control, the Company reserves the right to invoice for work already carried out and / or to make reasonable additional charges for the extra cost incurred over and above the services agreed.
The Company will take all reasonable care with the handling and storage of goods entrusted to it by the client or his/her agent, and provided to it in order to carry out services contracted. However, clients are strongly advised to ensure they have goods in trust and goods in transit insurance cover to protect against loss or damage while the goods are out of their care. The Company will accept no liability for loss or damage to clients' goods.
Delivery & Storage of images
Once the finished images are supplied to the client or his/her agent, whether by CD, DVD or electronic transfer the Company is under no obligation to store copies of the images. It is the responsibility of the client to back up and store all work carried out by the Company. Where replacement images are available and requested by the client or a third party acting on its behalf the Company reserves the right to make a charge for this service.
Due to the changing nature of electronic data storage the Company can give no guarantee of the client’s on-going ability to access and use images provided. Images provided will be in the required current format as agreed between the client and the Company. The Company reserves the right to make a charge where the client requests images in an altered format.
Whilst every effort will be made to provide services to the timescale outlined, delivery dates are given as an estimate only and the Company shall not be responsible for any problems, difficulties or loss arising from any delay.
If a client cancels an order, the Company reserves the right to invoice for any incurred cost plus an administration charge and to retain any deposit already paid.
Whilst the Company will make every effort to deliver on the services agreed the Company reserves the right to cancel without liability if it is prevented from delivering and will inform the client as soon as possible to this effect. Any deposit will be returned on request and the client will be free to contract with an alternative supplier or to agree an alternative delivery schedule with Images for Industry Ltd.
If any part of these Terms and Conditions is found to be void or unenforceable the rest of the Terms and Conditions will still remain in full force.
For the purpose of any dispute arising these Terms and Conditions will be governed by the laws of England and Wales.
By accepting an estimate, or otherwise commissioning work, from Images for Industry Ltd you will have agreed to our Terms and Conditions.
Contact photographer Tony Pincham t: 020 8123 9360 for further information or enter your details using our enquiry form.