Terms & Conditions
Ecom Photography Terms and Conditions
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This page contains important information about our Privacy Policy and our Terms & Conditions which apply to all bookings. We recommend that you familiarize yourself with them before booking any of our services. Should you have any questions please call us on 0161 505 2515.
Privacy Policy
We do not store any credit card or payment details. We do not share any customer data with any 3rd parties.
Terms & Conditions
These terms & conditions relate solely to services provided by Ecom Photography
Definitions
In these conditions the following expressions have the following meanings:
“The Client” any person or firm or company dealing with Ecom Photography or any servant or employee of such a person firm or company.
For the purpose of this agreement ‘Client’, ‘Customer’ `Agency’ and ‘Advertiser’ shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where Ecom Photography’ client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both ‘the Agency’ and ‘the Advertiser’ shall be interpreted as references to Ecom Photography client.
‘Photographs’ means all photographic material furnished by Ecom Photography, whether transparencies, negatives, prints, digital image files or any other type of physical or electronic material.
Payment
Payment terms are strictly 30 days from date of invoice by automated credit transfer (BACS), Faster Payment, Credit Card, Debit Card or Cash. Payment details will be supplied with our invoice.
Ecom Photography reserve the right to delay delivery of photographs until full payment has been made.
Ecom Photography will release customer products on receipt of full payment.
In the event of late payment, Ecom Photography reserves the right to charge interest in line with 'The Late Payment of Commercial Debts Act 1998' and as amended by 'The Late Payment of Commercial Debts Act 2013'.
If payment is not made in accordance with (a) above, then Ecom Photography may rescind this Agreement and recover damages. If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date.
A fee of £10.00 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuing of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
Ecom Photography reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Ecom Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of their images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.
Cancellation & Postponement
A booking is considered firm as from the date of confirmation. Where a specific day and/or time has been scheduled for the commencement of the works, a cancellation fee of 50% of the total amount applies to all cancellations. Where a specific day and/or time has been scheduled for the commencement of the works, a cancellation fee of 100% of the total amount applies cancellations made within 7 days of any booking.
Cancellation fees will be waived upon re-booking within 30 days of the original date.
Rejection
Unless a rejection fee has been agreed in advance, there is no right to reject the imagery. Any additional work requested will be chargeable.
Client Confidentiality
Upon completion of a signed Non-disclosure agreement, Ecom Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to us in confidence for the purposes of the photography, save as may be reasonably necessary to enable Ecom Photography to carry out our obligations in relation to the commission.
Usage Rights
Ecom Photography grants its client full and unlimited commercial usage rights of its imagery however any permission will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. Ecom Photography also retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting our work. We do not sell your images nor do we allow usage by any other third parties.
Copyright
The entire copyright in the Photographs is retained by Ecom Photography at all times throughout the world unless otherwise agreed in writing.
Ownership of Materials
Title to all Photographs remains the property of Ecom Photography unless otherwise agreed in writing.
Expenses
Where extra expenses or time are incurred by Ecom Photography as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at Ecom Photography normal rate to Ecom Photography in addition to the expenses shown as having been agreed or estimated. Overtime rates will be billed as indicated on your estimate for work that extends past the half day or day rates. Travel expenses may be added to your estimate, a further fee may be incurred for travel time out of the standard 8-hour Day rate or 4 Hour half day rate.
Indemnity
While Ecom Photography takes all reasonable care of goods in trust, Ecom Photography shall not be liable for any loss or damage of any products.
While Ecom Photography takes all reasonable care in the performance of this agreement generally, we shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
The Client agrees to indemnify Ecom Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by Ecom Photography.
It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Ecom Photography gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify Ecom Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
Right To A Credit
If a 'Right to a Credit’ has been agreed, Ecom Photography name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By agreeing a 'Right to a Credit' Ecom Photography also asserts our statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
Applicable Law
This agreement shall be governed by the laws of England Scotland, Northern Island & Wales.
Variation
These Terms and Conditions shall not be varied except by agreement in writing.