Terms and Conditions
TERMS AND CONDITIONS OF BUSINESS
LING ARZEIAN PHOTOGRAPHY
1. DEFINITIONS
The following words or expressions shall have the meanings stated:
“the Booking Form” means a form by which the Customer instructs the Photographer to create Material.
“the Customer” means the person identified as the customer on a Booking Form.
“the Event” means the occasion for which the Photographer has been asked by the Customer to take photographs.
“the Material” means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, photo-books and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer.
“the Order” means any request, order, commission or instruction by or on behalf of the Customer for creation of Material by the Photographer.
“the Photographer” means Ling Arzeian.
“Price” means the price for an Order as set out on a Booking Form.
2. COPYRIGHT AND USE
Copyright in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the Material, save as:
(a) specifically set out in these Terms and Condition or
(b) as may otherwise be agreed by the Photographer in writing.
The Photographer licences the Customer to utilise the Material produced as a result of the Customer’s Order for the Customer’s personal use or else to the extent set out in writing between the Customer and the Photographer. Any breach of such licence shall automatically revoke such licence without further notification from the Photographer.
Unless specifically agreed in writing by the Photographer, you may not copy the photographs taken under this contract or allow copies to be made photographically, electronically or by any other means.
Unless specifically otherwise agreed in writing between the Photographer and the Customer, the Photographer is entitled to utilise Material ordered by the Customer for the advertising, marketing and promotion of the Photographer’s business.
3. THE PHOTOGRAPHER’S OBLIGATIONS
In consideration of the Price the Photographer will undertake such work as is necessary to fulfil the requirements of an Order.
4. THE CUSTOMER’S OBLIGATIONS
In consideration of the Photographer’s agreement in the above paragraph the Customer will pay the Price in accordance with the following provisions.
5. DEPOSIT AND PAYMENT TERMS
The Photographer shall be entitled to require payment of a non-refundable deposit on account of the Price prior to the taking of any steps to create any Material. The deposit, unless otherwise agreed between the Photographer and the Customer, shall be 20% of the Price, subject to a minimum of £20.00.
The balance of the Price will be paid in full not later than 14 days before the Event.
All requests for prints, enlargements or photo-books must be paid for at the time of ordering (unless otherwise agreed between the Customer and the Photographer).
6. CANCELLATION
In the event of a cancellation of an Order by the Customer, 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.
7. SUB-CONTRACTING
The Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.
8. LIMITATION OF LIABILITY
Save as otherwise agreed between the Customer and the Photographer, the Photographer shall be entitled to use her judgment regarding the style and artistic input in the production of Material.
Colour photography is undertaken within the technical limitations of the process and certain colours in the Materials may not necessarily be identical to the original.
The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfil her obligations under an Order where failure arises as a result of an event or circumstances beyond her control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
Although the photographer shall exercise all reasonable care, skill and diligence in the discharge of her duty, it is understood that in the event of any unforeseen circumstances causing loss of all photographic records reasonable efforts will be made to retake the photographs.
9. APPLICABLE LAW
The contractual relationship between the Photographer and the Customer shall be governed by the laws of England.
10. ENTIRE CONTRACT
An Order, as evidenced by information on the Booking Form and as governed by and together with these Terms and Conditions shall form the entire agreement between the Photographer and the Customer, save as otherwise agreed in writing.
Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.
LING ARZEIAN PHOTOGRAPHY
1. DEFINITIONS
The following words or expressions shall have the meanings stated:
“the Booking Form” means a form by which the Customer instructs the Photographer to create Material.
“the Customer” means the person identified as the customer on a Booking Form.
“the Event” means the occasion for which the Photographer has been asked by the Customer to take photographs.
“the Material” means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, photo-books and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer.
“the Order” means any request, order, commission or instruction by or on behalf of the Customer for creation of Material by the Photographer.
“the Photographer” means Ling Arzeian.
“Price” means the price for an Order as set out on a Booking Form.
2. COPYRIGHT AND USE
Copyright in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the Material, save as:
(a) specifically set out in these Terms and Condition or
(b) as may otherwise be agreed by the Photographer in writing.
The Photographer licences the Customer to utilise the Material produced as a result of the Customer’s Order for the Customer’s personal use or else to the extent set out in writing between the Customer and the Photographer. Any breach of such licence shall automatically revoke such licence without further notification from the Photographer.
Unless specifically agreed in writing by the Photographer, you may not copy the photographs taken under this contract or allow copies to be made photographically, electronically or by any other means.
Unless specifically otherwise agreed in writing between the Photographer and the Customer, the Photographer is entitled to utilise Material ordered by the Customer for the advertising, marketing and promotion of the Photographer’s business.
3. THE PHOTOGRAPHER’S OBLIGATIONS
In consideration of the Price the Photographer will undertake such work as is necessary to fulfil the requirements of an Order.
4. THE CUSTOMER’S OBLIGATIONS
In consideration of the Photographer’s agreement in the above paragraph the Customer will pay the Price in accordance with the following provisions.
5. DEPOSIT AND PAYMENT TERMS
The Photographer shall be entitled to require payment of a non-refundable deposit on account of the Price prior to the taking of any steps to create any Material. The deposit, unless otherwise agreed between the Photographer and the Customer, shall be 20% of the Price, subject to a minimum of £20.00.
The balance of the Price will be paid in full not later than 14 days before the Event.
All requests for prints, enlargements or photo-books must be paid for at the time of ordering (unless otherwise agreed between the Customer and the Photographer).
6. CANCELLATION
In the event of a cancellation of an Order by the Customer, 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.
7. SUB-CONTRACTING
The Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.
8. LIMITATION OF LIABILITY
Save as otherwise agreed between the Customer and the Photographer, the Photographer shall be entitled to use her judgment regarding the style and artistic input in the production of Material.
Colour photography is undertaken within the technical limitations of the process and certain colours in the Materials may not necessarily be identical to the original.
The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfil her obligations under an Order where failure arises as a result of an event or circumstances beyond her control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
Although the photographer shall exercise all reasonable care, skill and diligence in the discharge of her duty, it is understood that in the event of any unforeseen circumstances causing loss of all photographic records reasonable efforts will be made to retake the photographs.
9. APPLICABLE LAW
The contractual relationship between the Photographer and the Customer shall be governed by the laws of England.
10. ENTIRE CONTRACT
An Order, as evidenced by information on the Booking Form and as governed by and together with these Terms and Conditions shall form the entire agreement between the Photographer and the Customer, save as otherwise agreed in writing.
Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.