Terms and Conditions
Definitions
For the purpose of these Terms and Conditions the following definitions will apply. They do not reduce the client’s
legal rights but are stated specifically to avoid misunderstanding :-
the “Company” means "Image1 Ltd; “the client” means the buyer of services from the Company; “services” means
the utilisation of skills and / or equipment and / or facilities supplied by the Company ; “goods” means any tangible
items agreed in the estimate or contract to be supplied by the Company to the client; “contract” means the
agreement, either verbally or in writing, for the provision of services from the Company and shall be deemed to
incorporate the terms and conditions in this document; “estimate” means the provision, verbally or in writing, of an
estimated price and / or description of services to be carried out by the Company based on information provided,
verbally or in writing by the client, and shall be deemed to incorporate the terms and conditions in this document.
Pricing and description of services provided on the Company’s web-site will not constitute an estimate or a contract.
Contract & Variation
The acceptance by the client of services offered, whether verbally or in writing, whether by contract or estimate,
shall be deemed an acceptance of these terms and conditions and shall over-ride any terms and conditions stipulated
by the client whether referred to or contained in his / her enquiry, order or otherwise. These terms and conditions
shall not be be varied except by agreement in writing with signed acceptance by the Company.
Copyright & licensing
The Company retains copyright of all photography undertaken for the client and reserves the right to show or display
the images at will.
Upon receipt of full payment of the invoice issued by the Company the client is licensed to use the images provided
for the purpose of direct promotion of their own business for an indefinite period worldwide, but is excluded from
selling, giving or granting permission for the use of the image to any other business (even if that business is within
the client’s own group of companies) agent or person without the express permission of the Company. The
Company reserves the right to charge for the use of the image by any third party in the circumstances outlined
above or to withhold permission.
Photography credits
Any client agreeing these terms and conditions will agree to include a named credit for the Company on published
material on request, and to the Company using the client's name in promotional information.
Pricing & Payment Terms
Where an estimate has been provided the price stated is open for acceptance by the client within thirty days and will
automatically expire after thirty days from the date of the estimate; after thirty days a new price may be requested
by the client from the Company.
Once the estimate is accepted, and providing the description of services remains unaltered by the client and providing
the services are begun within a period of twelve weeks from the date of estimate, the price agreed will be the price
invoiced, subject only to price fluctuations as determined below.
The Company shall be entitled to make reasonable variations in the agreed price if the costs of materials, taxes and /
or duties on which the estimate is based increases or decreases before completion of the works.
All prices given in estimates or contracts are exclusive of VAT, which is payable at the standard rate (currently 15%).
Standard terms of payment is payment in full for services immediately upon delivery. Other non-standard terms may
be agreed at the discretion of the Company. The Company reserves the right to request a non-refundable deposit of
50% of the estimated price prior to work being started. If a requested deposit is not received then the Company
reserves the right to suspend or abandon the services being provided.
Other interim payments may also be requested and details will be agreed between the Company and the client in
writing.
Where the client wants specific goods purchased from a third party on his or her behalf by the Company, full
payment for these items will be required from the client in advance of any order being placed with a third party. The
Company reserves the right to charge an administration fee for this service.
Where the client has any query or concern relating to the invoice this must be raised immediately upon receipt.
Services cannot be disputed for any subjective reasons of eg artistic style or composition.
Where payment of an invoice is overdue the Company reserves the right to charge the client a daily rate equal to
4% above the HSBC Bank’s current base lending rate for the duration of the period in excess of 14 days up until
payment is received in the Company’s bank account.
If the contract for services is suspended, delayed or varied at the client's request, or for any other cause beyond the
Company's control, the Company reserves the right to invoice for work already carried out and / or to make
reasonable additional charges for the extra cost incurred over and above the services agreed.
Damage
The Company will take all reasonable care with the handling and storage of goods entrusted to it by the client or
his/her agent, and provided to it in order to carry out services contracted. However, clients are strongly advised to
ensure they have goods in trust and goods in transit insurance cover to protect against loss or damage while the
goods are out of their care. The Company will accept no liability for loss or damage to clients' goods.
Delivery & Storage of images
Once the finished images are supplied to the client or his/her agent, whether by CD, DVD or electronic transfer the
Company is under no obligation to store copies of the images. It is the responsibility of the client to back up and
store all work carried out by the Company. Where replacement images are available and requested by the client or a
third party acting on its behalf the Company reserves the right to make a charge for this service.
Due to the changing nature of electronic data storage the Company can give no guarantee of the client’s on-going
ability to access and use images provided. Images provided will be in the required current format as agreed between
the client and the Company. The Company reserves the right to make a charge where the client requests images in
an altered format.
Delivery dates
Whilst every effort will be made to provide services to the timescale outlined, delivery dates are given as an estimate
only and the Company shall not be responsible for any problems, difficulties or loss arising from any delay.
Cancellation
If a client cancels an order, the Company reserves the right to invoice for any incurred cost plus an administration
charge and to retain any deposit already paid.
Whilst the Company will make every effort to deliver on the services agreed the Company reserves the right to
cancel without liability if it is prevented from delivering and will inform the client as soon as possible to this effect. Any
deposit will be returned on request and the client will be free to contract with an alternative supplier or to agree an
alternative delivery schedule with Image1 Ltd.
General
If any part of these Terms and Conditions is found to be void or unenforceable the rest of the Terms and Conditions
will still remain in full force.
For the purpose of any dispute arising these Terms and Conditions will be governed by the laws of England and
Wales.
By accepting an estimate, or otherwise commissioning work, from Image1 Ltd you will have agreed to our Terms
and Conditions.
