Definitions: ‘The Company’ means Ampersandphotographic. ‘The Client’ means the party or any person acting on their behalf with whom the Company contracts.
1. All quoted prices, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly. Deliveries and couriers are additional. All prices quoted are in GBP Sterling.
2. All quoted prices are based on expected or agreed design time and include three sets of Client corrections where alterations are called for by the Client. These prices will be held for a period of 6 months after acceptance. The Company reserves the right to charge for any work after this period at its rates then prevailing.
3. Where there is a change in brief before acceptance, the Company will inform the Client of any extra costs likely to be incurred. If there is a change in brief after acceptance, the Company reserves the right to revise the agreed price according to its rates then prevailing.
4. Where a price is quoted as 'per half day' or 'per day', the former shall mean four hours and the latter eight hours.
5. The Client is agreeing fully to these Terms and Conditions by commissioning services from the Company.
6. A signed purchase order (preferably with a purchase order number and project value) will need to be raised for the full quoted and agreed amount before work can commence on any job. A separate purchase order may need to be raised for any extras such as distribution, storage, deliveries or mailing.
7. All projects are planned to an agreed schedule. Non-adherence to this schedule by the Client may result in compromising final delivery deadlines. If this is likely to occur, the Company will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs as laid out in these terms and conditions.
8. Whilst every effort will be made to achieve agreed delivery, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control.
9. All images for commercial reproduction should be supplied as original high-resolution digital RAW or Tiff files (min. 300 dpi).
10. Once final proofs/materials have been signed off, the Company cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
11. It is the responsibility of the Client to ensure that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to the Company by the Client have the relevant copyrights, licences and permissions for use in the commissioned project. The Company will not accept responsibility/liability for infringements caused by any wrongly supplied materials.
12. The Company reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Client. Any outsourced job remains the property/responsibility of the Company and such services are deemed to be carried out ‘indirectly’ by the Company.
13. As part of larger projects which involve third parties commissioned directly by the Client, the Company will not be held responsible in any way for services not carried out/managed directly or indirectly by the Company.
14. Advice of any loss, quality or damage issues must be reported to the Company within five clear working days of delivery and receipt and and any claim in respect thereof must be made in writing to the Company within 3 working days thereafter. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.
15. Every endeavour will be made to deliver the correct printed quantity ordered, but estimates are conditional upon margins of 5%. The Company reserves the right to change/alter ordered amounts in the Client's best interest.
16. Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss.
17. The Company cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore the Company will not accept liability for any alleged claim from the Client or any third party as the result of unintentional similarity in part or whole of a third party’s copyright, protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.
18. It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by the Company.
19. As the originator of work presented to the Client, or any associated related or connected business, the Company retains all copyrights and the right to all intellectual property rights to images and designs complete or otherwise produced for interim client presentation. All interim design work completed is solely for Client presentation use, and no person, group or company may make further use of this work without express permission from the Company, or until payment has been made for this work in full. All finished artwork and proofs remain the property of the Company until payment has been made for this work in full.
20. Intellectual copyright to any work produced remains that of the Company until all invoices have been paid in full, at which point the Client owns sole copyright of, and intellectual property rights to the final images in the file formats supplied to the Client. All editable digital origination artwork, layered PSDs and camera RAW files remain the property of the Company unless otherwise agreed.
21. The Company reserves the right to the addition of the Company's credit on printed or digital projects unless instructed otherwise by the Client and to the use for self-promotion of any work carried out for the Client.
22. The Company reserves the right to use both initial creative concepts and final approved design work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested/agreed with the Client.
23. In good faith, the Company will hold any supplied files, originals and materials for a period of up to 12 months. In the event that a project is suspended beyond the agreed design time by the Client, the Company reserves the right to complete work on the project at its rates then prevailing.
24. Unless by prior agreement editable source files, layered PSD and camera RAW files will not be supplied. Upon request finished images will be supplied to the client in an appropriate file formats as per quotation and signed order of work.
25. For all new clients, payment for the full or part amount may be requested in advance of commencement. For any subsequent invoiced work, the Company must receive full payment not later than 30 days after the date of invoice. The Company reserves the right to make a surcharge of + 10% compound interest per month to accounts that are not paid by this time. Client credit screening may affect any subsequent credit agreement.
26. Any additional work, including changes and image correction outside of our 3 stage system, unless at an agreed rate will be charged at the rate specified. This includes high resolution photo-retouching, including amends to client supplied images. Payment for these additionals if applicable and colour proofs must be made with the final payment.
27. Once the Client has agreed to the Company’s current Terms and Conditions, the Company shall invoice 50% in advance of Stage 1, and the balance on completion unless where exceptional terms have been agreed with the client.
28. The Company reserves the right to invoice for any disbursements for part works carried out including third party costs incurred on a project should the project be unable to be completed for any reason or has been delayed/put on hold by the Client for a period of 4 weeks or more.
29. Disbursements on behalf of any client may result in a request for payment in advance from the Client.
30. The Company will have a lien over any product, data or materials if all payments due from the Client have not been paid and cleared in full within 1 month from the date of the invoice. The Company reserves the right to withhold supply of goods and, in the case of web services, this includes recalling services including the hosting of websites.
31. If at any point during the design or development cycle a client wishes to cancel, they may do so but will be invoiced an amount that the Company judges to be proportional to the amount of work completed on the commission and further compensatory charges for booked photography time or post-production time or any other supply costs accruing. A fee of 20% of the total value of work undertaken will be charged in addition to any payments made in the event of cancellation after commencement.
32. The Company shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing), act of God, legislation, war, act of terrorism, fire, flood, drought, failure of power supply, lock out, strike by employee’s in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. Subject to provision of clause 30, during the continuance of such a contingency the Customer may, by written notice, elect to terminate the contract and pay for work done and materials used, but thereto, shall otherwise accept delivery when available.
33. In the event of any bona fide dispute or difference arising between the parties in connection with the contract (excluding any dispute relating to non-payment of the charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Client to inform the Company immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline). Without such information, no disputes will be entered into.
34. These Terms and Conditions may be changed at any time without prior notice to the Client. Notification will be sent to the Client at the time of alteration to the Terms and Conditions.
35. Notices under this contract shall be sent by first class 'signed for' post, and shall be deemed to have been received on receipt of a signature on behalf of the Client.
36. Headings in these Terms and Conditions are for convenience only, and do not form any part of the Terms and Conditions.
37. This contract shall be interpreted under English law.