Terms and Conditions
JM Photographic -Terms and Conditions:
Site Terms & Conditions
1 ACCEPTANCE OF TERMS
Your access to and use of www.jm-photographic.com ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2 ADVICE
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3 CHANGES TO WEBSITE
www.jm-photographic.com reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that JM Photographic shall not be liable to you for any such change or removal.
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5 COPYRIGHT
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to JM Photographic or otherwise used by JM Photographic as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6 DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, JM Photographic will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 JM Photographic makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of JM Photographic for death or personal injury as a result of the negligence of JM Photographic or that of its employees or agents.
7 INDEMNITY
You agree to indemnify and hold JM Photographic and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against JM Photographic arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
8 SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
General Terms & Conditions:
1. Any additional charges incurred, will be recovered from applicant.
2. No additional travelling expenses will be incurred unless previously stated.
3. JM Photographic will recover the cost of accommodation expenses and petrol where ceremony is at a distance of 100 miles, round trip. It may be necessary to travel on the evening prior to the wedding to avoid traffic and other problems also it may be necessary to stay overnight where a wedding runs late. The cost of accommodation shall be reimbursed from the client with regards to late and distant weddings.
4. Food and beverages must be provided to all accompanying photographers where attendance is over 5 hrs.
Payment
1. Final agreed package amount will depend on the precise requirements of the applicant.
2. A deposit of £100.00 is made payable to JM Photographic at the time of booking, once cleared, JM Photographic will be the sole photographer for your day and will not book any other weddings on that day.
3. The deposit is non refundable. The final balance is payable 3 months prior to the wedding date; it is your responsibility to pay your photographer when monies are due.
4. Once booking form has been signed, you have agreed to complete payment for package(s) selected. If package has not been decided, minimum package balance payment will be required 3 months before wedding date. Upgrading of package can be arranged if client informs JM Photographic regarding uncertanty. Clients may not downgrade package once booking form has been signed.
5. All payments are non refundable. Should the client cancel, all monies paid will be non refundable.
6. Non-payment of the final balance 3 months prior to the wedding date constitutes a breach of contract from client. Any previous contract will become null and void.
7. All prices and packages are subject to change. Prices are adjusted periodically; future bookings will be priced at the time of booking.
8. Future re-orders will be charged at the present days prices.
9. Bounced cheques shall incur a £25.00 charge.
10. JM Photographic cannot hold your date without the deposit.
11. All online shopping purchases will be subject to a charge for post and packaging.
12. Additional proofing disks will apply at £15.00 per disk.
13. There will be a charge for all deliveries on albums at £25.00 for UK deliveries, International delivery charges priced on application.
14. Photography time over the agreed time will be charged at £100.00per hour and invoiced to the client.
Exclusivity:
1. JM Photographic shall be the exclusive photographer retained by client.
2. Family and friends are permitted to take photographs as long as they do not disturb or disrupt or interfere with photographer’s duties.
3. The photographer has the right to kindly ask the person obstructing to refrain from doing so, in order for JM Photographic to carry on their duties. It is a good idea if your guests are aware of this before hand.
4. Guests are permitted to take photographs of poses arranged by photographers, provided that by doing so they do not contravine exclusivity point 2 (above).
5. It is our duty to provide you with a unique service.
6. Any breach of this agreement will constitute a reason for non-completion of the job with no liability to the photographer.
7. JM Photographic reserves the right to use your images for any form of advertising to promote their company. Web based promotions, brochures, galleries competitions apply.
Inherent Quality.
1. Clients should be aware that colour dyes in photography may fade or discolour over a period of time due to inherent quality of dyes and insufficient care and preservation of prints and albums.
2. The photographer will not be held responsible for damage of albums and prints that were dispatched undamaged.
3. The photographer will not be liable for degradation of images due to poor handling and insufficient care.
4. All albums need to be kept at room temperature, stored in a box; away from heat and direct sunlight all listed will reduce the life of your album and images. The photographer accepts no liability.
5. If the photographer(s) are unable to fulfil the role of wedding photographer on the day due to any unforeseen circumstances, a full re-fund will be given to client but no further liability will be sought with respect to agreement.
6. If client cancels no refund shall be given. This limitation shall also apply in the event that photographic materials are damaged, lost, stolen, camera malfunction or any other damage without fault of JM Photographic.
7 . JM Photographic shall not be liable to the customer for any failure in whole of in part to fulfil its obligations under the contract where failure arises as a result of an event or circumastance beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness, injury or obstruction by the client and or their guests.
8 . JM Photographic shall not be liable for any amount in excess of the retail value of your package.
9 . JM Photographic may substitute photographers to take photographs at your wedding in the event of photographer’s illness.
10. All re-orders shall be an extension of this contract.
11. All re-orders must be paid for in full prior to orders being dispatched.
12. JM Photographic will not be held responsible for the lack of coverage caused by the bride and groom, wedding party, guests, not being on time or interfering or restricting the photographer’s duty.
13. JM Photographic will not be held responsible for the church, reception, hotel etc having restrictions that prevent images being taken.
14. The photographer cannot guarantee any specific image nor incorporate any specific background or group arrangement.
15. The photographer will not be held responsible for customer disappointment of agreed album and images as long as they are technically acceptable and will face no liability.
16. Any announcement made that will affect your photography and the day, timings, venues etc should be notified as soon as possible in writing to JM Photographic.
17. Any circumstances not bought to our attention that affect the out come of the wedding photography will not be the responsibility of JM Photographic.
18. A map should be provided if necessary to prevent photographer getting lost, contact details of all vendors should be provided. JM Photographic will not be held responsible for being miss informed.
19. Due to technical processing, JM Photographic cannot guarantee exact colour matching.
20. All digital cosmetic enhancements shall require written authorisation. And shall need authorisation before printing is undertaken.
21. JM Photographic cannot be responsible for print selection errors whether re-prints or album prints.
22. We will take no responsibility for albums that have incorrect images due to client error a charge will be made for re- album design.
23. JM Photographic cannot be responsible for the damage to DVD’s provided, appropriate care is the client’s responsibility.
24. All albums, proofs, disks etc should be collected in person from JM Photographic.
25. JM Photographic accepts no responsibility for the reliability of the post. We cannot be held responsible for loss or damage of mail, prints, albums frames and disks etc that are sent through the post. A courier service can be arranged; the client shall reimburse charges incurred by JM Photographic.
26. It is advisable that you make a copy of your booking form for your own benefit
It is your responsibility to read through the terms and conditions, once you have signed the booking form you are bound by these conditions. |