Terms & Conditions
In these terms and conditions the following words have the following meaning:
means all registered and unregistered intellectual and industrial property rights recognised as such in any jurisdiction including (by way of example only):
(a) patents, trade marks, business names and rights in domain names, designs, copyrights, database rights; and
(b) all similar or equivalent rights protecting inventions, technology, know-how, methodologies or any creative, artistic or industrial works, together with all applications and rights to apply for registration of any such rights and the right to enforce past infringements of the same.
means any material (including but not limited to photographs software or documentation created or otherwise brought into existence by Us at the specific request of You and in which subsists newly created Intellectual Property
mean the right of integrity of authorship, the right to attribution of authorship and the right not to have authorship falsely attributed as described under Part I of the Copyright, Designs and Patent Act 1988 (UK) or similar legislation wherever in the world existing.
means the photographic services provided by Us to You including but not limited to photographic shoots, and production of artwork in the production or as further detailed in the attached.
“We, Us, Our”
means Victoria Lee
means the person, firm, company or entity placing an order with Victoria Lee
1. Quotations and Prices
1.1 All prices, estimates, and quotations whether verbal or in writing do not constitute offers and are subject to Our written confirmation of Order on receipt of Your order.
1.2 All prices quoted by Us are exclusive of printing and delivery unless otherwise stated.
1.3 All Services carried out, preparity or experimental, at Your request shall incur extra cost.
2.1 Proofs of all work may be supplied for Your approval and We shall incur no liability for any errors not corrected by You in the proofs provided.
3. Delivery and Risks
3.1 Where delivery of the Materials has been agreed as part of the quoted price, delivery of the Material shall be made to the address specified in the order by any method of transportation regarded as suitable by Us.
3.2 We shall take all reasonable measures to deliver at the time stated but unless expressly agreed by Us in writing delivery dates shall be regarded as estimates only.
3.3 Risk of loss or damage to the Materials shall pass to You at the time when the Materials are unloaded at Your premises or such address as shall be specified in the order or, (where We are not responsible for delivery of the Materials) upon collection from Our premises.
4.1 Unless otherwise agreed in writing, payment for the Materials shall be on due on delivery or collection.
4.2 Payment for the Services, unless otherwise agreed otherwise in writing, shall be payable in advance of those Services being performed.
4.3 If payment is not received in full when due, We reserve the right to charge for the costs of collecting overdue sums and interest at the rate of eight percent (8%) per annum above the Base Lending Rate for the time being of the National Westminster Bank plc (both before and after judgment and compounded quarterly).
5. Title to Goods and Copyright Ownership
5.1 The property in the Materials shall not pass to You until all sums due or owing have been paid. Such sums shall not be treated as being paid until any cheque or other instrument of payment given by You has cleared in Our bank account.
5.2 Until property in the Materials has passed to You We shall hold a lien over the Materials and may at any time retake, sell or otherwise deal with the Materials. In order to enforce this clause, where reasonably required We shall be entitled at any time without notice to enter any premises where the Materials are stored or it reasonably believes them to be stored; and retrieve them.
5.3 The recovery by Us of the Materials under clause 5.2 shall be without prejudice to Our rights to sue for the agreed price of the Materials.
5.4 Unless agreed otherwise by Us in writing, all Intellectual Property and Moral Rights in the Materials shall remain with Us at all times and cannot be reproduced without Our prior consent.
5.5 You agree that the Materials can be used by Us for marketing purposes. We shall comply with Our data protection obligations and shall only reveal adults names and/or images or children if We have received your written confirmation that we can do so.
6.1 Our sole liability shall (at Our option) be the replacement of the Materials and/or repetition of the Services (as applicable) or the refund of the price paid to Us for the Materials and/or Services concerned. We shall not under any circumstances be liable for any indirect, special, consequential or economic loss, loss of trade or reputation, loss of contracts, revenue, goodwill , profits or other benefits whether arising from breach of contract, negligence or otherwise howsoever.
6.2 Nothing in these terms shall limit Our liability for death or personal injury caused by Our negligence.
7.1 Your rights and Our rights under this Contract will not be affected if either party does not enforce, or delays enforcing, any of these terms.
7.2 We are not liable for delaying, or not carrying out, any of Our duties if caused by circumstances beyond Our control.
7.3 A person who is not a party to any Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.
7.4 If both parties agree, or a court of law decides, that a term of this Contract is illegal or not binding, it will not affect the other terms in the Contract. The term in question will be changed so it is binding and no longer illegal. If that is not possible, We will take it out of the Contract.
7.5 This Contract is governed by English law and come under the exclusive jurisdiction of the English courts.