Terms And Conditions
The terms listed below shall be deemed as a contract between you (the Customer) and albane photography. In cases where albane photography’s Customer is acting as an intermediary, all references in this agreement to the Customer shall be interpreted as references to albane photography’s Customer and their Customer(s).
In commissioning albane photography to undertake an assignment the Customer is deemed to have read and agree to the below terms of business.
Service and Orders
albane photography will carry out photography using applicable digital camera equipment at all times, in order to meet the Customer’s requirements and will schedule your assignment at the earliest date possible of receiving your order.
An order, confirming proposed date(s) of site visit(s), and any other specific requirements will be agreed either verbally or in writing (including documents in electronic format) prior to services being carried out by albane photography. Details regarding site access, property position and other factors, which may have a bearing on all forms of photography, will be provided by the Customer to albane photography at this time. Please note, failure to provide such information, which results in an abortive trip to the site, may result in a charge being made by albane photography to cover time and associated travel costs.
Canvases and acrylic prints of a photo can be provided for all imagery taken and will be charged at the prevailing rate available on request from albane photography. If this service is required, this is to be advised at the time of order. Delivery for canvases and acrylic prints to the Customer is subject to the lead times advised by our third party supplier.
Digital Manipulation of Images
All digital images usually require some standard alteration in relation to toning, colouring and sharpening, prior to printing, similar to the processes previously carried out in the darkroom. Where required, this work is carried out within the costing of albane photography’s agreed fees. If additional processing is required prior to delivery, this is to be advised at the time of order.
Payment Terms
albane photography shall be entitled to require a deposit payment on account of the price in such sum as may be agreed between albane photography and the Customer prior to the taking of any steps to create any Material.
The balance of the payment is due on the day of the shoot. albane photography reserves the right to charge interest at the prevailing bank base rate plus 5% if payment is not made within the invoice due date.
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 albane photography shall, in any event, be entitled to retain the deposit paid and/or agreed.
Delivery of completed images
All goods will be delivered to the Customer as soon as possible after completion of the photography dispatched in the post, by CD, or email. It is the Customer’s responsibility to provide a valid e-mail account to albane photography, who will not be responsible for non-delivery of imagery by any medium.
Permission
In most instances where photographs are taken from public places or highways, permission is not required to carry out photography. In certain circumstances however where access is required to private land to obtain photographs, where parking restrictions are in place, or where a site is close to a sensitive area (Military installation, airport, government buildings, etc.) permission may be required.
The Customer will be responsible for obtaining the appropriate permission to enable photography to take place in such areas and in all areas that require photography to be carried out on private land (e.g. retail parks, shopping centres, etc.). Failure to obtain such permission may result in photography not being possible and a charge for travel time and costs may be incurred.
Property Release Forms
Under UK law it is not necessary to obtain a property release form when photographing a building as it is not an infringement of copyright to photograph it, regardless of where it is situated. Permission may however be required for commercial photography on private land where terms and conditions apply (i.e. retails parks, National Trust properties, etc.). In these circumstances, it is recommended that a Property Release form is obtained. The Customer shall be responsible for obtaining the appropriate property release forms for properties included in their commissioned images and albane photography cannot be held responsible for any subsequent claims made by property owners resulting from the failure to obtain such permission.
Indemnity
albane photography holds Public Indemnity Insurance to the value of £1 million to undertake all of its assignments. However the Customer shall be responsible for obtaining all clearances in respect of third party copyright works, trade marks, designs or other intellectual property which appear in images. The Customer will indemnify albane photography against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. albane photography shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the assignment.
Weather conditions
In order to operate safely and within the limits of the equipment, from time to time adverse weather conditions (high winds, lightening or rain as examples) may preclude photography from taking place in a safe manner. In such circumstances albane photography will contact the Customer at the earliest opportunity to advise of the cancellation and arrange to take the photographs as soon as possible after the originally agreed time.
Cancellation Policy
albane photography will endeavour to undertake all agreed assignments at a date and time as agreed with the Customer. However albane photography will not be held responsible for the cancellation of an assignment due to unforeseen circumstances, equipment failure, adverse weather conditions or any other instance where a cancellation is regrettably required.
In the instance where it is necessary for albane photography to cancel an agreed assignment, all effort will be made to provide as much forward notice as possible and also re-book the assignment for the Customer at the earliest possible opportunity.
albane photography will not be held responsible for any missed production deadlines in respect of the Customer not having received their order by the agreed deadline.
Additionally should work be interrupted by a change in weather conditions, albane photography will arrange for a further site visit, to carry out the completion of the work.
Where the Customer wishes to cancel an assignment for whatever reasons, it is agreed that the Customer will give albane photography a minimum of twenty-four (24) hours notice so that an alternate date and time can be agreed with the Customer and a replacement assignment can be sought by albane photography to replace the cancellation.
Where an alternate assignment cannot be found to replace a cancelled assignment, a cancellation fee of 25% of the assignment fee will be invoiced to the Customer with standard payment terms applying.
Copyright
In all cases, unless specifically negotiated otherwise, copyright of all images taken as part of a commission will remain with albane photography. Commissioned images will be supplied with either personal or corporate reproduction rights and this will be agreed at the time of ordering.
Personal reproduction rights allow copying of images by the Customer for personal purposes only. Personal reproduction rights do not allow the use of images for corporate advertising, marketing or publicity in any way. Images with personal reproduction rights must not be placed on websites or on any other form of electronic media. Should the Customer subsequently wish to use the images for this purpose, written permission must be obtained from albane photography.
Corporate reproduction rights allow photographs to be reproduced by the Customer that has commissioned the images. These images may be used by the Customer in their own promotional material, for marketing purposes, advertising, internet/intranet sites, on retail goods etc.
In all cases, images (in whole or part) may not be sold or passed to a third party (even without charge) without the express written permission being granted by albane photography. If such a request is made, albane photography reserves the right to charge a fee for use of the images by the third party. The level of this fee will be based on the proposed usage of the photograph.
albane photography reserves the moral right to be credited as the author of any published photographs.
Please note that unauthorised copying of a copyright image (in whole or part) or failure to give credit, are infringements of law and as such can be subject to criminal sanctions such as a fine or imprisonment or civil sanctions such as claims for damages, accounts, delivery up or injunctions precluding one's use of the images.
Image usage. albane photography will not accept any liability should commissioned images be used in a defamatory manner by the Customer. Albane photography also reserves the right to object to photographs being used in a manner, which distorts, mutilates or is other damaging to the business’ reputation.
Unless specifically stated otherwise by the Customer in writing, albane photography reserves the right to use the commissioned images in promotional material relating to our company and services.
In addition, albane photography reserves the right to cross promote your company as a Customer through future marketing and on the company’s website through a link page to your company’s own website unless specific instructions are received to the contrary.
