The company means Nikki Hazelton Photography. The client means the party with whom the company is contracting work. Work means the services and/or materials which the company contracts to perform for and/or supply to the client.
All works are provided by the company on the following terms which shall be deemed incorporated in all contracts for the provision of work and shall only be varied by specific written agreement of the company. The placing of an order (written or verbal) expresses acceptance of these terms of business.
In accordance with the Copyright, Designs and Patents Act 1988, copyright in works is vested in and remains the property of the company. The company gives the client consent to reproduce any work of the company commissioned by the client subject to full payment being or having been made within 30 days of date of invoice and revocable forthwith at the discretion of the company and further consent or licence to the client or any third party is excluded. The client hereby warrants that he is the owner of the copyright in, or has the authority of the copyright owner to reproduce any materials, artwork and copy provided for reproduction, and the client hereby indemnifies the company against any fees, charges claims or any other actions arising out of the breach of such warranty. The company has the right to a credit on the publication of any works.
Invoices and accounts must be settled within 30 days of invoice date. Overdue accounts will be charged interest at 5% per month. In the event of non payment within 45 days of date of invoice all materials must be returned. Prices are strictly net. Clients are limited to £1000.00 credit per month. Delivery of work may be withheld if monies owing by the client to the company are overdue but the company shall nevertheless be entitled to payment.
Discs and Digital Capture
All discs and digital capture produced by the company remain the property of the company.
Quotations shall be estimates only and shall only be valid for 30 days. The company reserves the right to change any prices from time to time. Prices charged are those ruling at time of dispatch. All prices are exclusive of VAT.
VAT will be charged on the total price at the ruling rate at the VAT point. If Applicable.
In the absence of a specific written brief or visual, the company cannot be held responsible for misinterpretation of the client’s oral instructions. Re-shoots will be charged as a new order. Time for performance of orders shall be estimated and shall not be of essence and the company shall not accept responsibility for any delays.
Colour Reproduction and Sizing
Due to the limitations of colour processes it is impossible to guarantee exact colour matching. In the absence of samples or colour guides, reproduction of colour will be at the discretion of the company. Due to machine limitations all print sizes are approximate. All print sizes are in inches unless otherwise stated.
Whilst every care is taken with client’s materials or products etc the company cannot accept responsibility for the loss or damage however caused. Where a product or sample is known to have a high value the company recommends that the client takes out adequate insurance. Carriage / delivery shall be at the risk of the client.
Responsibility will not be accepted for consequential loss or damage by errors or by delay in delivery or from any cause.
Any complaint must be notified within 7 days and confirmed in writing within 10 days of delivery.
Retention of Title
The company shall retain title in the works until the client has paid it in full and the client authorises the company to take action as it thinks fit to recover the works from the premises of the client and elsewhere and indemnifies the company against all accidental costs and claims.
Any provision of these terms which but for modification would infringe any statutory right of the client shall be deemed modified to the extent necessary to avoid such infringement and in case of disagreement or uncertainty such modification shall be made by a solicitor nominated by the company and deemed effective retrospectively.