For The Supply of Photography and Video Services and Products
1. Definitions "Paul Groom Photography Ltd" and "PGP Ltd" all refer to Paul Groom Photography Ltd. VAT Registration No. 929 4030 25. Company No. 06733100. Office address (all correspondence): 7 Market Street, Wotton-under-Edge. GL12 7AE. Registered address: 155 Whiteladies Rd, Clifton, Bristol, BS8 2RF "The Photographer" refers to employees of Paul Groom Photography Ltd “The Client” means any person, body of persons, firm or Company with whom Paul Groom Photography Ltd enters into a verbal of written contract for the sale of goods or provision of services with. 2. Acceptance of Terms and Conditions All contracts and transactions between Paul Groom Photography Ltd and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between Paul Groom Photography Ltd and all or any of its Clients. 3. Copyright and Ownership In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Photographer is owned by the Photographer. Terms of usage should be arranged before the job is carried out. If this does not happen then it is assumed that the client will receive a 2 year unlimited usage term for images supplied by Paul Groom Photography Ltd. The licence to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Paul Groom Photography Ltd stated payment terms. If the Client wishes to own the copyright to the images outright, an agreement must be made between Paul Groom Photography Ltd and the Client whether an extra fee will be charged. Paul Groom Photography / The Photographer reserve the right to make reproductions of images created during assignments for website usage, marketing, promotional, competition and editorial purposes. 4. Cancellation Fees / Overruns If a booking is cancelled by the Client within one working day of the starting time, Paul Groom Photography Ltd reserves the right to charge the full fee for the assignment. If a booking is cancelled within two working days of the starting time, Paul Groom Photography Ltd may charge 50% of the fee. For cancellations/postponements due to weather conditions, Paul Groom Photography Ltd reserves the right to charge the full fee and expenses. In such instances, Paul Groom Photography Ltd may charge in full for expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees etc), that may have incurred prior or during the assignment taking place. Paul Groom Photography Ltd may make additional charges should an assignment overrun which is beyond the control of the Photographer (e.g. including but not limited to; the Client requesting additional photographs over and above the Client’s original brief etc). 5. Payment Terms For all non corporate clients (personal/family), payment for all products and services provided by Paul Groom Photography Ltd must be made upon completion of the assignment. For corporate clients, payment of Paul Groom Photography Ltd’s invoice must be made within 30 days of the date of that invoice. Paul Groom Photography Ltd reserves the right to withdraw account facilities and services without notice should the Client fail to pay Paul Groom Photography Ltd’s invoice(s) within 30 days. Paul Groom Photography Ltd reserves the right to charge interest on all overdue invoices at a rate of 3% per month until the said invoices have been paid in full. In addition to this, a one off fee may be charged in accordance with legislation listed here: https://www.payontime.co.uk/legislation/legislation_main.html 6. Retention of Title Paul Groom Photography Ltd reserves the right to retain all of the Clients materials until all monies owed to Paul Groom Photography Ltd have been paid in full. Furthermore, the licence to reproduce images created by Paul Groom Photography Ltd can also be revoked until payment has been made. 7. Fees and Expenses All prices quoted to the Client apply only to the original job description and specifications given to Paul Groom Photography Ltd by the Client. Paul Groom Photography Ltd reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, Paul Groom Photography Ltd shall endeavour to provide an indication of what these additional charges will be. 8. Representation Where possible, the Client should ensure that there is an authorised representative present at the assignment to ensure the correctness of the Photographer’s interpretation of the Client's brief. In the event of no Client representation, the Photographer’s interpretation of the brief shall be deemed as correct. 9.Colour Matching Due to the nature of materials and processes, it is not possible to guarantee 100% colour matching. However, the Photographer will endeavour to provide the closest possible match both on the shoot and digitally afterwards. 10. Delivery Shortages / Loss and Damage in Transit Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery. Paul Groom Photography Ltd will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit. Paul Groom Photography Ltd cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, Paul Groom Photography Ltd will provide suitable loss/damage cover for an additional charge. Clients who choose to have items returned to them without loss/damage cover do so at their own risk. 11. Confidentiality The Photographer acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law. 12. Conduct The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. Paul Groom Photography Ltd reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, Paul Groom Photography Ltd reserves the right to charge full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse Paul Groom Photography Ltd for any loss/damage they cause to property or equipment. 13. Liability The Client agrees that in all dealings with Paul Groom Photography Ltd, liability will be limited to the following sums: Public Liability: Limit of indemnity - £2,000,000. 14. Delivery of Products and Services The supply of products and services are provided by Paul Groom Photography Ltd on a best endeavours basis. Paul Groom Photography Ltd will not be liable for delays that are beyond reasonable control. Paul Groom Photography Ltd shall use reasonable endeavours to meet agreed deadlines where applicable. Paul Groom Photography Ltd shall not be liable for any delays in meeting any obligations which were due to causes beyond reasonable control including but not limited to; postage/courier, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc. 15. Prices & Terms All prices shown within Paul Groom Photography Ltd’s price list are subject to change without prior notice. Paul Groom Photography Ltd reserves the right to amend these Terms and Conditions without prior notice. 16. Rush Services Paul Groom Photography Ltd reserves the right to make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed. 17. Images/Data Supplied in Electronic Format For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD’s/DVD’s etc), Paul Groom Photography Ltd will endeavour to ensure that the data sent is not corrupt and is virus free before despatch. Paul Groom Photography Ltd cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or virus-free. 18. Law This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.