Terms & Conditions
No1 Clothing Photography: Terms and Conditions
This page contains important information about our Privacy Policy and our Terms & Conditions, which apply to all bookings. We recommend familiarising yourself with them before booking any of our services. Should you have any questions, please call us on 0161 505 2515.
Privacy Policy
We do not store any credit card or payment details. We do not share any customer data with any third parties.
Terms & Conditions
These terms & conditions relate solely to services provided by No1 Clothing Photography.
Definitions
In these conditions, the following expressions have the following meanings:
“The Client”: Any person, firm, or company dealing with No1 Clothing Photography or any servant or employee of such a person, firm, or company.
For the purpose of this agreement, ‘Client’, ‘Customer’, ‘Agency’, and ‘Advertiser’ shall, where the context so admits, include their respective assignees, sub-licensees, and successors in title. In cases where No1 Clothing Photography’s client is a direct client (i.e., with no agency or intermediary), all references in this agreement to both ‘the Agency’ and ‘the Advertiser’ shall be interpreted as references to No1 Clothing Photography’s client.
‘Photographs’: All photographic material furnished by No1 Clothing Photography, whether transparencies, negatives, prints, digital image files, or any other type of physical or electronic material.
Payment
Payment terms are strictly 30 days from the date of invoice by automated credit transfer (BACS), Faster Payment, Credit Card, Debit Card, or Cash. Payment details will be supplied with our invoice.
No1 Clothing Photography reserves the right to delay delivery of photographs until full payment has been made.
No1 Clothing Photography will release customer products on receipt of full payment.
In the event of late payment, No1 Clothing Photography reserves the right to charge interest in line with ‘The Late Payment of Commercial Debts Act 1998’ and as amended by ‘The Late Payment of Commercial Debts Act 2013’.
If payment is not made in accordance with (a) above, then No1 Clothing Photography may rescind this Agreement and recover damages. If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date.
A fee of £10.00 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence, or phone calls involved with pursuing a debt. This fee is non-refundable and represents the additional time spent pursuing overdue invoices.
No1 Clothing Photography reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason for this to third parties to whom this suspension of service affects.
On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, No1 Clothing Photography may at any time thereafter inspect any records, accounts, and books relating to the reproduction of their images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.
Cancellation & Postponement
A booking is considered firm as from the date of confirmation. Where a specific day and/or time has been scheduled for the commencement of the works, a cancellation fee of 50% of the total amount applies to all cancellations. Where a specific day and/or time has been scheduled for the commencement of the works, a cancellation fee of 100% of the total amount applies to cancellations made within 7 days of any booking.
Cancellation fees will be waived upon re-booking within 30 days of the original date.
Rejection
Unless a rejection fee has been agreed in advance, there is no right to reject the imagery. Any additional work requested will be chargeable.
Client Confidentiality
Upon completion of a signed Non-disclosure agreement, No1 Clothing Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to us in confidence for the purposes of the photography, save as may be reasonably necessary to enable No1 Clothing Photography to carry out our obligations in relation to the commission.
Usage Rights
No1 Clothing Photography grants its client full and unlimited commercial usage rights of its imagery; however, any permission will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. No1 Clothing Photography also retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting our work. We do not sell your images nor do we allow usage by any other third parties.
Copyright
The entire copyright in the Photographs is retained by No1 Clothing Photography at all times throughout the world unless otherwise agreed in writing.
Ownership of Materials
Title to all Photographs remains the property of No1 Clothing Photography unless otherwise agreed in writing.
Expenses
Where extra expenses or time are incurred by No1 Clothing Photography as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at No1 Clothing Photography’s normal rate in addition to the expenses shown as having been agreed or estimated. Overtime rates will be billed as indicated on your estimate for work that extends past the half-day or day rates. Travel expenses may be added to your estimate; a further fee may be incurred for travel time out of the standard 8-hour day rate or 4-hour half-day rate.
Indemnity
While No1 Clothing Photography takes all reasonable care of goods in trust, No1 Clothing Photography shall not be liable for any loss or damage of any products.
While No1 Clothing Photography takes all reasonable care in the performance of this agreement generally, we shall not be liable for any loss or damage suffered by the Client or by any third party arising from the use or reproduction of any image or its caption.
The Client agrees to indemnify No1 Clothing Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by No1 Clothing Photography.
It is the Client who must satisfy himself that all necessary rights, model releases, or consents which may be required for reproduction are obtained, and it is acknowledged that No1 Clothing Photography gives no warranty or undertaking that any such rights, model releases, or consents have or will be obtained, whether in relation to the use of names, people, trademarks, registered or copyright designs, or works of art depicted in any image. In the event that the image is issued or reproduced by or with the authority of the Client, then the Client shall indemnify No1 Clothing Photography against any loss or damage, proceedings, or costs where such rights, releases, or consents have not been obtained.
Right to a Credit
If a ‘Right to a Credit’ has been agreed, No1 Clothing Photography’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By agreeing to a ‘Right to a Credit’, No1 Clothing Photography also asserts our statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
Applicable Law
This agreement shall be governed by the laws of England, Scotland, Northern Ireland & Wales.
Variation
These Terms and Conditions shall not be varied except by agreement in writing.