Post Photographic Ltd.
Bannut Tree House
Lye Head
Bewdley
DY12 2UW
E: info@postphotographic.co.uk
T: 01299 269 737
VAT Number: 971 2963 94
Company Number: 6901851
TERMS AND CONDITIONS
All sales made by us are subject to these standard terms & conditions, except where agreed otherwise in writing. We do endeavour to offer the best possible service so if you have a problem with our service, please contact us immediately so that we can try to rectify it as soon as possible.
DEFINITIONS
'Our' and 'Us' refers to the seller (vendor) whose trading style appears on your order and invoice. "You" and "Your" refers to the original company, organisation or individual who purchases goods and/or services directly from us.
YOUR RIGHTS.
You and We are protected by statutory (legal) rights, according to the laws of England and Wales or any European Legislation which applies in England. Where statutory legislation exists, or new legislation comes into force, your and our statutory rights are not affected by anything within these terms, and those rights take precedence over these terms. Where any part of these terms is over-ridden by legislation, all other terms still apply. Any order placed with us is subject to acceptance.
COPYRIGHT.
The 1988 Copyright Act assigns copyright to Post Photographic. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this arrangement until payment in full has been received. The copyright and all other intellectual property rights in this Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). All rights are reserved. he devices and word marks: “Post Photographic Ltd.” are our registered trade marks. You must not use or copy them without our prior written consent. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. PAYMENT.
Please send all payments to Peak Cashflow Limited, PO Box 698 Haywards Heath RH16 9DX. Payment of the total invoice amount must be received in full within 21 days of the date of invoice issue. Payment is to be made in GBP sterling. Payment can be made by cash, cheque and BACS. If any bank charges arise you will be notified of this before any such charge is made.
3. OVERDUE PAYMENT.
We reserve the right to charge interest on all overdue balances at 5% per month compounded until the date payment is received in full or alternatively, at our discretion, in line with legislation relating to late payment of commercial debts. Interest is charged from the invoice date onwards if payment is not received within 21 days (or as agreed otherwise in writing). At Post Photographic’s discretion you may lose the right to any discounts/special offers agreed at time of booking on any overdue payments. A £150.00 plus VAT administration fee will become due in addition to any costs and professional charges. Post Photographic may proceed to county court at its own discretion without notice to the debtor after 90 days.
4. ISSUES
Peak Cashflow Ltd. should be contacted regarding payment issues by writing to: PO Box 698 Haywards Heath RH16 9DX, or by calling: 0845 094 395. All other issues should be raised with Post Photographic within 14 days of receiving your images. You should notify us within 14 days if no work has been received. No issues or complaints will be dealt with for any reason after this period.
5. PHOTOGRAPHS
It is your responsibility to ensure that you have permission to photograph anything or anyone that or who may be depicted within an image, if you subsequently choose to make use of that image. All photographs are sized as nominal. The photographer will provide a pleasing colour balance, but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials, monitors and image end users. It is sometimes impossible to record photographically the exact colour of materials as seen by the human eye; therefore all colour balances are purely perceptional. Photographs can take up to 10 days to be edited and sent out. We use our own expertise to edit down as necessary to the best photographs for the provision of the final image/images.
6. DISPLAY
The client agrees to allow Post Photographic to display any photographs covered by this order in their studio, portfolio, internet site, competitions and advertising. In booking Post Photographic Ltd. for the photography I hereby agree to these terms and conditions of business as set out above and for payment as outlined above.
7. INVOICE
Please notify us if your company/business is classed as a sole trader. If a purchase order number is required it is your responsibility to provide Post Photographic accordingly. If a purchase order number is required it is your responsibility to provide Post Photographic accordingly. It is your responsibility to make sure all purchase order numbers and any other invoicing requirements are in place prior to the photography commencing.
8. INFORMATION
Your company’s information may be stored and information processed about you to Peak Cashflow. Such information will be used to prevent fraud, bad debts and money laundering. Telephone calls between you and Peak Cashflow may be monitored and/or recorded for training and security purposes.
9. BOOKINGS & CANCELLATION
On the receipt of a completed booking form, we will send an email as confirmation of the booking. The booking will then be considered to be confirmed. We endeavour to be as flexible as possible and understand that unforeseen circumstances can happen. However if events are cancelled within fourteen days of their due date as stated on the booking form, we reserve the right to charge up to 50% of the total booking amount, and 100% if cancelled within 7 days. Any expenses already incurred in relation to the booking, may also be charged. Booking also assumes that we shall be the sole photography company at an event, unless agreed otherwise in writing by both parties.
10. BRIEF
Please send all photography briefs and timed events to us as soon as possible, to ensure the photographer/s have adequate time to study the brief in advance of the event. We endeavour to capture all events; however we cannot guarantee that all events will be captured should the occurrence of any unforeseen circumstances happen beyond our control. We reserve the right to alter costs in the event that the brief changes significantly from the original brief provided at the time of booking.
11. VAT
is added to all invoices as standard. If you are an international company who does not expect to pay VAT, it is your responsibility to inform us of this prior to invoicing, providing your VAT number as necessary. In the absence of this information VAT will be applied to your invoice. We reserve the right to charge any additional administration charges if we are requested to alter invoices after they have been produced.
12. HEALTH & SAFETY
Post Photographic and our clients will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).
13. CREATIVE BRIEF
Unless otherwise agreed, you agree to accept Post Photographic’s decisions on creativity within the product(s) or service(s).
14. LIABILITY
Post Photographic accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of Post Photographic being unable to supply the product(s) or service(s) as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by you.
15. DATA PROTECTION
You must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on camera as a result of Post Photographic supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection.
16. CONFIDENTIALITY
Unless otherwise agreed, Post Photographic will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, you will keep confidential any methodologies and technology used by Post Photographic to supply of the product(s) or service(s).
17. SECURITY OF EQUIPMENT
In order to carry out photography at your event, it is necessary to bring expensive equipment on site. Therefore we request that a lockable and secure location is provided for the storage of our equipment during the event, as failure to do so may invalidate our insurance policy.
18. ADMINISTRATION
If additional administration work is required that is beyond the normal invoicing structure or we have to reissue an additional invoice, we reserve the right to charge an additional administration charge in line with the increased work.
19. BY USING OUR SITE YOU ACCEPT THESE TERMS.
These Terms set out all of the rules and obligations that apply to your use of the Site. By using our Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site. We recommend that you print and keep a copy of these Terms for future reference. They are a legally binding agreement between you and us. These Terms may also make reference to other terms that apply when using our Site, such as our Privacy Policy and Cookie Policy. By using our Site, you consent to the processing of your data in accordance with these policies.
20. WE MAY MAKE CHANGES TO OUR TERMS.
We amend these Terms from time to time by updating them on the Site. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time.
21. WE MAY MAKE CHANGES TO OUR SITE.
We may from time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it.
22. YOUR OBLIGATIONS AND ACCEPTABLE USE.
You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site. You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful. You must not misuse any forms on the Site and any forms you submit must be a genuine enquiry. You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site, or to fill in and/or send forms on our Site, or to search, display or obtain links to any part of this Site, other than the home page at www.postcastlemedia.co.uk, unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a "Permitted Program"). You must not use any scraping technology on the Site. Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.
You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site.
Whenever you make use of features that allow you to upload content to our Site, or to make contact with other users via our Site, you must comply with the content standards set out in these Terms. Please see clause 6 below. You warrant that any such contribution does comply with the standards mentioned in clause 6 and you will be liable to us and indemnify us against any breach of this warranty.
23. INTERACTIVE SERVICES AND CONTENT.
When you fill out and submit an enquiry form on our Site, this constitutes permission for the Post Castle Media Ltd. member, to which that form was submitted, to add your details to our database. The use of your data in this way is in accordance with our Privacy Policy. All content that you upload to our Site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Site breaches that third parties' legal rights. The views expressed by users on our Site or through social media platforms such as Facebook, Twitter, Instagram etc. do not represent our views or values.
All content that you upload to our Site must:
Be accurate (where you state facts);
Be genuinely held (where you state opinions); and
Comply with the applicable law of the country from which they were posted.
Your content must not:
Contain any material which is defamatory of any person;
Contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory; or
Contain any material which does or could potentially infringe the intellectual property rights of a third party.
We will determine in our discretion whether there has been a breach of this clause 6. Where a breach of this policy has occurred we may take such action as we deem appropriate. This action may include the following:
immediate, temporary or permanent withdrawal of your right to use our Site;
immediate, temporary or permanent removal of any posting or material uploaded by you to our Site or social media platforms such as Facebook, Twitter, Instagram etc.;
further legal action against you; and
disclosure of such information to law enforcement or authorities as we reasonably feel necessary.
In addition to all of our rights set out above, we reserve the right to take down any content that you upload to our Site of social media platforms at any time without notice and without having to give a reason.
24. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO.
This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
25. RULES ABOUT LINKING TO OUR SITE.
You must not include links to this Site in any other Site without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other Site any "deep link" to any page on this Site. You may link to our home page at www.postcastlemedia.co.uk provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
26. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU.
Whether you are a consumer or a business user we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. We will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control. We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. We shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.
We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.
If you are a consumer user:
Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
Use of, or inability to use, our Site; or use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
27. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES.
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
28. CUSTOMER FEEDBACK AND QUALITY.
We try to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us at Post Photographic Ltd, using the address provided at the beginning of these Terms or contact us here. We aim to acknowledge all customer feedback.