T & C

TERMS AND CONDITIONS OF CONTRACT 2013

In the following conditions of contract “Fasphotographic” shall mean the photographer F. A. Stuart or, subject to condition below, any photographers appointed by F.A. Stuart. “The Client(s)” shall be those whose name appears on the contract. The due performance of the contract is subject to the conditions below and they cannot be varied in any way by The Client(s) unless such conditions are expressly agreed by Fasphotographic in writing.

1.0: Copyright
The 1988 Copyright Act assigns the copyright of the photographs to Fasphotographic. It is therefore contrary to the Act, and illegal, to copy photographs, or allow to be copied, by any means photographic or otherwise, by any person or machine other than by or their appointed agents.

2.0: Display
The Client(s) hereby allow(s) Fasphotographic to display any photography covered by the contract and to generally promote the business including website along with in advertising, brochures, magazines articles and other such material, providing that the images are used lawfully and without damage to The Client(s).

3.0: Licence, Coverage and Reproduction
3.1: Fasphotographic shall be granted artistic licence in relation to the poses photographed and the locations used. Fasphotographic’s judgement regarding the location, poses and number of photographs taken shall be deemed correct.
3.2: Photographs taken during the course of a booking will be at the discretion of Fasphotographic although every effort will be made to comply with The Client(s) requirements.
3.3: Fasphotographic shall endeavour to photograph all individuals as requested by The Client(s) at some point during the booking, and no responsibility will be taken by Fasphotographic in the event of leaving somebody out.
3.4: For a booking involving a location, e.g. a church ceremony, Fasphotographic’s movements are sometimes restricted by the environment or persons in charge of the location such as the minister in charge. The area from which Fasphotographic is able to photograph may not be Fasphotographic’s choice and Fasphotographic cannot accept responsibility for any obstructed view should this be the case.
3.5: For a wedding or other occasion booking, Fasphotographic shall endeavour to capture all the moments throughout the day as they occur. However, because of the nature of the event, as a one off, some unforeseen moments might not be recorded.
3.6: Please note that any alterations made to the booking by The Client(s) once details have been confirmed many only be made at the discretion of Fasphotographic and in some circumstances (such as the change of ceremony date for a wedding booking), Fasphotographic may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances Fasphotographic is not liable to compensate The Client(s) in any way whatsoever.
3.7: Due to a variety of lighting conditions and the limitations of professional film or digital capture, some colours may alter slightly throughout a set of photographs, please note that certain colours do not reproduce exactly on photographs film or paper.
3.8: It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not necessarily be facsimile over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance. It is the client’s responsibility to inform Fasphotographic at the time of ordering if any dimensions are critical.
3.9: All print and presentation sizes quoted are approximate and subject to the discretion of Fasphotographic.
3.10: Although all equipment is checked regularly Fasphotographic will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.

4.0: Ordering
4.1: When an order has been placed by the client (s), and when the order has been accepted by Fasphotographic, this then becomes a legal contract between Fasphotographic and The Client(s).
4.2: All subsequent orders shall be made online via the website (www.fasphotographic.co.uk), by using the online order/contact form; payment is to be made by personal cheque or via Paypal.
4.3: In some instances an order will be accepted orally over the phone by Fasphotographic, but only by a previous client or existing customer. This will entirely be by previous arrangement and at the sole discretion of Fasphotographic.
4.4: Fasphotographic reserves the right to refuse an order for whatever reason and specifically in cases where Fasphotographic has reason to believe the order may be in breach of the Terms & Conditions of the Contract between Fasphotographic and The Client(s).
4.5: All contracts, once signed by Fasphotographic and The Client(s) are binding. Any changes to contracts after signing will require the drafting of a new contract and possible increase in fees payable.
4.6: The Client(s) will be liable to pay any additional expenses incurred by The Fasphotographic Photographer(s) during the booking not already included within the contract price.

5.0: Price & Payment
5.1: A booking fee of £50 (paid by paypal, cash or cheque) along with a completed contract will confirm your booking. The fee includes all photography at your appointment and one 10″ x 8″ print. All photographic fees are payable in full a minimum of two days prior to the date of shoot. All additional goods are payable on ordering.
5.2: The price payable by the client for the order that has been accepted by Fasphotographic will be in accordance with Fasphotographic’s price list at the time of booking.
5.3: Payment for any additional prints is required to be made in advance of dispatch.
5.4: Fasphotographic does not have the facility to give clients credit accounts.
5.5: Cheques should be made payable to “F Stuart or S Ireland” and are required to clear the banking clearing systems prior to any agreed images going to print.
5.6: Delivery of orders will be made within 28 days, upon completion of cleared payments received, not payment made.
5.7: Title to all goods remains the property of Fasphotographic until paid for in full by The Client(s).

6.0: Liability
6.1: Fasphotographic will take all reasonable care in the handling of goods ordered by the client while in the possession of Fasphotographic staff.
6.2: It is the client’s responsibility to inform Fasphotographic of loss or damaged purchases at first acknowledgment of loss or damage.
6.3: Loss of products by the Client will result in the Client paying the full asking price for replacement, at the price the replacement costs at the time, not the original order, if an increase has been publicised.
6.4: At the discretion of Fasphotographic, damaged products will be replaced on return of the original damaged product.
6.5: All reports of damage should be made within 7 (seven) days of receipt of goods. After this time all claims are void.

7.0: Force Majeure
The due performance of the contract is subject to alteration or cancellation by
Fasphotographic, owing to any cause beyond their control (i.e. sudden illness/injury).
In the event of cancellation by Fasphotographic or in the unlikely event of total
photographic failure (although re-shoots may be arranged if practicable
Fasphotographic will not be responsible for costs in order to stage such re-shoots),
Fasphotographic liability shall be limited to a full refund of any deposits and fees
paid.

8.0 Cancellations & Refunds
If the Client(s) should have to cancel a booking the following cancellation fees (as may be appropriate to their case) will become due immediately upon said cancellation.
8.1: Cancellation within 1 (one) week of requesting the booking and more than 4 (four) complete weeks until contract/shoot date, 50% of the original agreed cost of the booking fee is to be made.
8.2: Cancellation with less than 4 (four) weeks to go until contract/shoot date – full price for the original agreed cost of the booking is to be made.
8.3: Once an order has been placed and payment has been received, an order cannot be cancelled. No refunds will be given on products that have been ordered from a supplier after payment has been received.
8.4: No refunds will be given due to faulty framework or albums. Faulty framework or albums will be corrected free of charge within a 4 (four) week period.
8.5: Fasphotographic does not take responsibility for problems with your photographs if you do not inform Fasphotographic at collection or within 7(seven) days.

9.0: Complaints
In the unlikely event of any complaint with regards to our service, all complaints
Must be received in writing within seven days of collection/receipt of products
purchased. This includes photographs, albums and frames.

10.0: Governing Law
Any contract between Fasphotographic and The Client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit jurisdiction of the English courts.

11.0: Insurance
The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of a cancellation.

14.0 Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about the use of your website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purpose set above.

Client Signature: …………………………………………….

Client Printed name: …………………………………………….

Date: …………………………………………

Copyright © Fasphotographic 2013